NCJ Number
93564
Date Published
1984
Length
20 pages
Annotation
The Danish criminal justice system does not have a separate component for juvenile matters at any level, but there are special rules regarding the treatment of children and youthful offenders.
Abstract
The age of criminal culpability in Denmark is 15 years. Children under 15 cannot be punished, and no investigative steps may be undertaken which involve such youth. Any societal response to children under 15 must be pursued within the social welfare system. Youth over 15 years old are considered adults with respect to criminal processing. Their position and legal status in hearings is dependent on whether or not they have been charged. If arrested, a charge is always made. When charged, they have all the rights of adults, including inspection of documents, observation of court hearings, response to charges, and the right to a defense. In cases involving offenders 15-17 years old, the police must inform the social authorities about pending hearings, and the social authorites must be given the opportunity to be represented at a hearing. For youth aged 15-17, almost half of the charges are dropped by the prosecutor, but the dropping of charges is contingent on the establishment of a formal contact between the youth and the social welfare authorities. The prosecutor may set certain conditions the youth must fulfill, subject to approval by the court. If the conditions are not fulfilled, charges may be pressed for the original offense. Although the use of drugs or alcohol is not outlawed in Denmark, treatment intervention may occur on behalf of those found guilty of other offenses if the drug use is deemed to pose a danger to the offenders themselves or to others. The most important recent changes in the Danish criminal justice system involve doing away with indeterminate sentences and focusing more on prevention efforts. Two references and one figure are given.