Criminal Responsibility of Minors in National and International Legal Order

• NCJ Number: 197450
• Journal: International Review of Penal Law Volume: 72 Issue: 3 Dated: 2001 Pages: 669-673
• Author(s): Reynald Ottenhof
• Date Published: 2001
• Length: 5 pages
• Publication Format: Article
• Publication Type: Report (Study/Research)
• Language: English
• Country: France

Annotation

This commentary from the 17th International Congress of Penal Law briefly examines the juvenile justice principle governing the criminal responsibility of minors on both the national and international level through questions looking at the different categories of age to determine responsibility, the judicial establishment of criminal responsibility of minors, the application of sanctions, and the disposition of minors under international criminal statutes.

Abstract

The criminal responsibility of minors in national and international law is a complex question. This question was addressed at the International Association of Penal Law’s 17th Congress. The Association had a desire to reexamine the area of criminal responsibility of minors due to their interest in children and youth, the fact that juvenile delinquency has taken a worrisome place in the world of delinquency, and the recent international humanitarian movement in the protection of children. The principle of criminal responsibility of minors resides in the notion that a minor does not have a entirely formed personality and should be entitled to a favorable system, the juvenile criminal justice system, reflecting appropriate sanctions or other measures and procedural rules. Establishing the principle of criminal responsibility of minors affirms the increasing autonomy of juvenile justice. This paper presents concrete questions related to establishing the principle of criminal responsibility of minors on both the national and international levels. These questions relate to the justification of the principle, the different age groups which determine the responsibility/irresponsibility of minors, the judicial establishment of criminal responsibility of minors, determining the specific sanctions and measures that can be applied to minors, and dispositions that apply to minors in the statutes of international criminal courts.