Revija za kriminologiju i krivično pravo (Dec 2024)

The Minimum Age of Criminal Responsibility Across Central Eastern European Countries

  • Asea Gašparić

DOI
https://doi.org/10.47152/rkkp.62.3.3
Journal volume & issue
Vol. 62, no. 3
pp. 45 – 67

Abstract

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This article examines the legal frameworks for juvenile justice across Croatia, Serbia, Slovenia, Hungary, Slovakia, the Czech Republic, and Poland, focusing on the minimum age of criminal responsibility (MACR), juvenile offender categorization, and applicable legal measures. While these countries share a focus on rehabilitation and developmental considerations, significant differences exist in age thresholds and the treatment of young offenders. The MACR is an ongoing issue, shaped by legal, developmental, and societal factors. Two main trends emerge: one advocates for lowering the age and imposing stricter punishments, while the other emphasizes children's rights and rehabilitation. International standards, such as those from the Committee on the Rights of the Child, promote diversion programs to avoid stigmatization, yet no global consensus exists on the MACR. Pressure to lower the MACR, as seen in Hungary and Serbia, contrasts with neuroscientific findings that full maturity occurs in the third decade of life. A holistic approach integrating legal, psychological, and developmental perspectives is essential to balance accountability, rehabilitation, and the protection of children's rights in juvenile justice systems.