Concept and definition of criminal responsibility
Under criminal responsibility in legal scholarship, the ability of a natural person to be held liable for criminal acts and prosecuted under criminal law is understood. This ability is linked to age and the associated mental and moral maturity. Criminal responsibility is considered a fundamental principle of criminal law and marks the threshold from which children and adolescents can be held accountable for their behavior.
Statutory regulation in Germany
Age limits under the Criminal Code
In Germany, criminal responsibility is comprehensively regulated in the Criminal Code (StGB) in conjunction with the Juvenile Court Act (JGG). The decisive age threshold is set out in Section 19 StGB:
- Children under 14 years of age are, in accordance with Section 19 StGB, absolutely incapable of criminal responsibility. Criminal liability is excluded.
- Adolescents aged 14 up to their 18th birthday are, according to Section 1 (2) JGG, generally criminally responsible but are subject to the specific provisions and procedures of juvenile criminal law.
- Young adults from their 18th up to their 21st birthday may, under certain circumstances, be dealt with under juvenile or adult criminal law (Section 105 JGG).
- Adults from their 21st birthday are fully criminally responsible and subject to general criminal law.
Exclusion of criminal responsibility
In addition to age-related regulations, criminal responsibility can be excluded for personal reasons. According to Section 20 StGB, a person is not criminally liable if, at the time of the act, they are incapable, due to mental disorders, pathological impairment of the mind, or profound disturbances of consciousness, of understanding the wrongfulness of their act or acting in accordance with such understanding.
Development of criminal responsibility in Germany
The legislator has modified the rules regarding criminal responsibility multiple times to take into account social developments and findings in developmental psychology. While much lower age limits applied in earlier centuries, the current boundary of 14 years was established with the implementation of the JGG in 1953, in order to protect, in particular, the welfare and development of children.
Sanctions prior to reaching criminal responsibility
Measures for children incapable of criminal responsibility
Although children incapable of criminal responsibility (Section 19 StGB) are not subject to criminal sanctions, other legal measures may be taken. The youth welfare office may act under the Child and Youth Welfare Act (SGB VIII), or the family court may intervene under Section 1666 BGB if the child’s behavior poses a risk to their development.
Acceptance of advantages and regulatory offences
Children under 14 years of age cannot be perpetrators or participants in a criminal offence in the legal sense. Nevertheless, they may be subject to civil or administrative law consequences, for example in the area of damages law or in the case of regulatory offences, provided these are attributed to the supervisor.
Criminal responsibility in international comparison
The age threshold for criminal responsibility varies internationally. In European countries, the threshold typically ranges from 10 to 16 years:
- Austria: 14 years
- Switzerland: 10 years
- France: No expressly established age threshold, decisions made on a case-by-case basis by the court
- United Kingdom: 10 years
- Netherlands: 12 years
When setting the minimum age, countries differ in light of social, historical, and cultural contexts.
Criminal liability in juvenile proceedings
Application of the Juvenile Court Act
Upon reaching criminal responsibility at the age of 14, juvenile suspects are subject to the Juvenile Court Act (JGG). Juvenile criminal law places particular emphasis on educational measures, the protection of development, and the avoidance of stigmatization through imprisonment.
Educational measures and disciplinary means
Possible legal consequences in juvenile proceedings include educational measures (e.g., directions, assistance with upbringing), disciplinary means (warnings, conditions, juvenile detention), and juvenile sentences (imprisonment). The choice of sanction depends on the youth’s developmental stage as well as the nature, seriousness, and circumstances of the offense.
Special provisions for young adults
For young adults (18 to 20 years old), juvenile criminal law can be applied pursuant to Section 105 JGG if the overall assessment of the offender’s personality and the offense justifies the use of juvenile criminal law.
Psychological and social aspects
The determination of criminal responsibility is based on the consensus that children below a certain age generally lack the maturity to accurately judge wrongdoing and personal responsibility. This regulation serves to protect child development and sets a minimum age for criminal liability.
Not every act committed at an age incapable of criminal responsibility is automatically without consequence. Serious offenses in particular can trigger social-pedagogical interventions, family court measures, or activation of the youth welfare office. The principle of criminal responsibility therefore balances the protection of young people with the needs of social coexistence.
Criticism and reform discussions
The current age limit of 14 years is regularly the subject of socio-political debate. Proponents of lowering the age point especially to changing life realities, lower inhibitions, and high delinquency even among children. Opponents of lowering the age emphasize developmental psychology’s protective intent and the limited educational effectiveness of criminal law for children.
Summary
Die criminal responsibility is a central legal principle that defines the minimum age for the criminal responsibility of children and adolescents. In Germany, the threshold is 14 years. Before reaching this threshold, measures from youth welfare law and family law take precedence. The regulation of criminal responsibility serves to balance the protection of child development with the interest in societal security and exists in a similar form in nearly all modern legal systems. The discussion regarding its design and the question of its adaptation to social change remain ongoing topics in legal policy debates.
Frequently asked questions
From what age is a person considered criminally responsible in Germany?
In Germany, criminal responsibility is regulated by law in the Criminal Code (StGB). According to Section 19 StGB, children who are not yet fourteen years old at the time of the offense are not criminally responsible. From the age of 14, a person is considered criminally responsible and can, in principle, be held accountable for criminally relevant conduct. However, for juveniles between the ages of 14 and 17, it is not general adult criminal law that applies but juvenile criminal law pursuant to the Juvenile Court Act (JGG), which focuses on education and prevention. In individual cases, between the ages of 18 and 21, juvenile criminal law may also be applied (young adults) if development is not yet complete.
What are the legal consequences if a child incapable of criminal responsibility commits a criminal act?
If a child under 14 commits an act that would otherwise be considered a criminal offence, there are no criminal consequences for the child. However, the police and youth welfare office can still be involved: If there is a significant endangerment to the child’s welfare, the youth welfare office can initiate educational measures or issue recommendations for the family system. Civil law claims, such as for damages, may be reviewed independently of criminal responsibility as appropriate. In any case, the protection and support of the child incapable of criminal responsibility are the primary focus.
How is the criminal capacity and ability to be held responsible of juvenile offenders assessed?
Juvenile offenders (14-17 years old) are generally criminally responsible, but according to Section 3 JGG, an additional assessment must be made as to whether they possessed the necessary capacity for insight and the ability to act on this insight at the time of the offense. The court must therefore determine in each individual case whether the juvenile could recognize the wrongfulness of their act (capacity for insight) and whether they were able to act according to this insight (capacity for self-control). If either of these prerequisites is missing, the juvenile is, exceptionally, not criminally responsible.
What special provisions apply to young adults aged between 18 and 21?
For young adults, the Juvenile Court Act allows the juvenile criminal law to be applied, under certain conditions, even to persons between the ages of 18 and 21, if the offense is classified as a juvenile transgression or if the offender is still developmentally equivalent to a juvenile. This is decided by the court after careful examination of the individual case, particularly considering the maturity, development, and circumstances of the offense. The aim is to continue the educational focus of juvenile criminal law where indicated.
Are there differences in criminal responsibility for different offenses?
In principle, the law does not differentiate, with regard to criminal responsibility, between different types of offenses; the age limits apply uniformly. This means that for both minor and serious offenses: under 14 years of age, there is no criminal responsibility. For juveniles and young adults, however, the circumstances and seriousness of the offense—such as in severe cases like homicide or sexual offenses—are given particular consideration when deciding on sanctions and, if applicable, the application of juvenile criminal law.
What role do mental illnesses or developmental delays play in criminal responsibility?
Mental illnesses, intellectual disabilities, or significant developmental delays can, regardless of age, result in an offender being either not culpable (Section 20 StGB) or only partially culpable (Section 21 StGB). For juveniles, Section 3 JGG additionally requires an individual examination as to whether the necessary capacity for insight was present at the time of the offense. If complete incapacity is established, criminal responsibility is completely excluded; however, civil law or youth welfare measures may still be taken.
What sanctions can be imposed on juveniles who are criminally responsible?
Juveniles who are criminally responsible can be subject to various sanctions under the Juvenile Court Act, which are categorized as educational measures, disciplinary means, and juvenile sentences. Educational measures include, among others, directions or the requirement to undergo counseling or care. Disciplinary means include warnings, the imposition of work orders, or juvenile detention. Only for serious offenses may a juvenile sentence, i.e. imprisonment, be imposed, with the maximum possible penalty being significantly lower than that set for adults. The primary goal of all sanctions is education and reintegration.
