The criminal defense lawyer Jorg Estorf from Kassel answers questions about the criminal immaturity of children under the age of 14.
Kassel – After two girls aged 12 and 13 confessed to having stabbed 12-year-old Luise several times in Freudenberg (North Rhine-Westphalia), the debate broke out again as to whether children under 14 should also be criminally responsible. We spoke to Kassel criminal defense lawyer Jorg Estorf about this topic.
Why can’t children under 14 be punished for their actions?
According to the Criminal Code, anyone who is less than 14 years old when committing the crime is considered incapable of being guilty. This principle applies without exception. It can therefore be used independently of the child’s personality and “degree of maturity”. In the current case, the rule of law cannot prosecute the alleged perpetrators aged 12 and 13. However, he is not powerless. In addition, the youth welfare offices and family courts can come into play here and intervene with serious measures. It is possible, for example, to withdraw custody from the parents and place the children in homes and, under certain circumstances, by force in a psychiatric facility.
Are you in favor of lowering the age limit?
I don’t see any factual reasons that make this necessary at the moment, even if the current act causes horror and we sympathize with the parents and relatives of the twelve-year-old victim. A sharp increase in the number of cases in this age group in the crime statistics could speak in favor of lowering the age limit. However, a look at the statistics of the state of Hesse shows a rather declining or stagnating picture, even taking into account the corona developments. In this context, I expressly welcome institutions such as the “House of Youth Rights” in Kassel, in which the authorities involved, such as the public prosecutor’s office, police and youth welfare office, work closely together in terms of content and location. This allows us to react quickly in individual cases and to act consistently on negative developments. One thing is for sure clear: a prison is no place for children.
How do other European countries deal with this?
In other European countries, the age limits are regulated very differently: in France and Great Britain, children are already considered criminally responsible at the age of ten; in the Netherlands and Hungary the age of criminal responsibility is 12 years, while in Luxembourg the age limit is 18 years. (Interview: Ulrike Pfluger-Scherb)
