New start, Weißer Ring:

Prisons “the worst possible place for children”

The Criminal Policy Network has now spoken out in the debate about the age of criminal responsibility limit of 14 years. This has proved its worth so far. Prisons are also "the worst possible place for children."

"Criminal law, with its focus on punishment, is not a suitable instrument for responding to offenses committed by under 14-year-olds," said the Criminal Policy Network on Wednesday. Its members include the Association of Judges, the probationary association Neustart and the crime victims' charity Weißer Ring. What is needed instead is an "intensive examination of the background to the crime and the life situation." This cannot be achieved in criminal proceedings.

Children are not deterred by this
The network also stated that there is no evidence that the threat of prison sentences has a general preventative effect and can deter children and young people. Under 14-year-olds are much less likely to consider the possible consequences of their actions than adults. "Accordingly, criminological studies also show that lowering the age of criminal responsibility does not lead to a reduction in offenses committed by young people."

The Vienna-Josefstadt correctional facility(Bild: Jöchl Martin)

Among other things, the experts suggest youth welfare and measures in civil law for ten to 13-year-olds. In most EU countries, the age of criminal responsibility is, as reported , also 14 to 15 years. According to the network, the age of criminal responsibility from the age of ten in Switzerland is characterized by a consistent educational approach: placement with individuals or in socio-educational/therapeutic facilities can occur. In Switzerland, over 15-year-olds can be sent to prison for a maximum of one year and over 16-year-olds for a maximum of four years. In Austria, the maximum is already ten and 15 years respectively.

More charges in all age groups
In the past ten years, more and more minors have been reported to the police. In 2022, there were 10,428 across Austria. The experts explain this by the fact that there are more ten to 13-year-olds overall, for example in Vienna, and that reports have increased in all age groups. The willingness to report someone has also increased.

The current age of criminal responsibility limit has been in place since 1929. Crimes such as the alleged abuse of a twelve-year-old by someone who was still under the age of criminal responsibility have prompted calls for toughness and crackdowns.