The Swedish government announces a proposal to lower the age of criminal responsibility to 13 years old amid fierce criticism.
The government is moving forward with a proposal to lower the age of criminal responsibility to 13 for the most serious crimes – despite criticism from the Council of Legal Affairs, according to the Swedish news site SVT.
As of August 2, children aged 13 who commit crimes punishable by at least four years in prison will be subject to imprisonment. This includes murder, attempted murder, bombings, and aggravated rape.
The proposal was widely criticized. Several experts involved in the inquiry into lowering the age of criminal responsibility criticized the proposal, as did a large number of advisory bodies, including the Swedish Prosecution Authority.
Recently, senior lawyers on the legal council rejected the entire proposal.
But the government is now submitting a bill to parliament (the Riksdag).
scathing criticism
The Legislative Council's criticisms included that the drafting of the bill did not meet constitutional drafting requirements, that lowering the age of criminal responsibility would not lead to a decrease in crime, and that it entailed the risk of gangs using younger children in murders and bombings.
But the government believes the situation is so urgent that legislative change must be considered proportionate.
The Council also does not consider lowering the age of criminal responsibility to be compatible with the Convention on the Rights of the Child. The government, for its part, points out that the Convention on the Rights of the Child does not specify a minimum age of criminal responsibility, but only mentions 14 years in a non-binding recommendation.
Proposal to reduce the punishment rate according to age
While it is proposed to lower the age of criminal responsibility to 13 for some crimes, a new system for reducing the penalty for offenders under the age of 18 is also proposed.
This means, for example, that a 15-year-old would receive 401 TP3T of an adult's sentence, while a 13-year-old would receive 101 TP3T. Since the maximum fixed sentence in Sweden is 18 years, the maximum sentence for a 13-year-old could practically be slightly less than two years. However, these percentages are just a guideline, and the courts have the discretion to reduce or increase the sentence.
Swedish Justice Minister Gunnar Strömer stated that he expects courts to often sentence the youngest offenders to juvenile supervision rather than imprisonment, as is the case with serious weapons offenses. However, in cases of completed or planned murder, he anticipates that those as young as 13 will be imprisoned.
In another bill, the government proposed doubling the penalty for crimes committed in the context of gang conflicts, and this provision would also apply to those aged 13 and older.
The law reducing the age of criminal responsibility is limited to a period of five years, after which its extension requires a new parliamentary decision.
