After the Luise case – the Viennese lawyer claims criminal liability from the age of 12

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Should the age of criminal liability, which is currently 14, be lowered because of the rise in child crime? A European comparison shows that in England or Switzerland, for example, even children from the age of 10 can be sentenced. More and more lawyers are speaking out. But the Justice Department refuses.

Rising child delinquency and the Luise case in Germany fueled the discussion about the age of criminal responsibility. “Of course a 12-year-old child who stabs someone with a knife knows that they can die,” Sascha Flatz argues in favor of lowering the limit to 12, referring to international examples. In Switzerland and England, for example, perpetrators are already punishable at the age of ten (see graph).

Austria in the middle of Europe
In Ireland, Scotland and the Netherlands, children as young as 12 can be convicted of crimes. Hungary has also recently lowered the age of criminal liability, which was previously 14 years old, as in most European countries, to 12 years old. In France, prison sentences are handed down from 13 years.

Flatz: “The state has a duty to protect us from people who kill.” His proposal is not well received by the Ministry of Justice: “We think the limit of criminal liability at 14 years is appropriate.”

Source: Krone

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