The importance of age for criminal responsibility
The importance of age for criminal responsibility
As the child's age progresses, there are changes in the body that are inevitable. They can also cause a change in the psyche to cause aggressive, uncontrollable behavior, or for a more restrained, closed, complex and yet abnormal behavior.
There are two age groups on the criminal justice side, which are covered by the Penal Code.
1. Minors - these are persons under 14 years of age. They are criminally irresponsible, and only relevant corrective measures can be applied to them when committing publicly perpetrated offenses. These measures are laid down in the Law on the Control of Juvenile Delinquency. It contains a complex system of norms regarding the organization and coordination of the activities of society and state institutions in the fight against these events. It addresses issues related to preventing and combating various forms of crime, violations of laws and deviations from the proper development and education of minors.
The Law on the Anti-Juvenile Delinquency Act includes several measures for limiting and liquidating criminal offenses:
- Commission for Combating Juvenile Delinquency;
- child pedagogical rooms;
- vocational schools;
- Correctional homes.
2. Minors who have reached the age of 14 but have not reached the age of 18. This group has criminal responsibility only if the person has been able to understand the nature and significance of the act and to direct his actions. That is to say, in the case of minors, we need to study the individual psychophysical development and the nature of the socially dangerous act in order to determine whether the person is criminally responsible. Sometimes even normal children are considered criminally irresponsible as they have been used by others to commit crimes of high complexity. Where the act committed can not be determined as guilty, then they are accommodated by decision of the court in a boarding school or in another suitable establishment if the circumstances of the case so require. However, in the determination of guilty execution, special rules are used in the Penal Code. "The punishment of minors is imposed in order primarily to be re-educated and prepared for socially useful work" Art. 60 of the Criminal Code.
As far as juveniles are concerned, it is possible to implement successful educational measures under the JPA if they have committed a crime because of embarrassment or frivolity and is not a great social danger. The prosecutor may not initiate or terminate the preliminary proceedings initiated, and the court may decide not to be surrendered or convicted.
Attorney at law Iuila Danova
#3, Dobrotica Str., Varna, Bulgaria
Mob: +359 895 64 59 40
WWW: advokatvarna.com
Email: iulia.danova@abv.bg