The government has proposed lowering the age of criminal responsibility to 13 despite prior criticism, but the Council on Legislation now strongly opposes the plan. According to the council, it risks increasing youth crime rather than reducing it and conflicts with the UN Convention on the Rights of the Child. Justice Minister Gunnar Strömmer defends the need for reform but promises to review the statement.
The government proceeded with the proposal to lower the age of criminal responsibility to 13 at the end of January, despite strong criticism in the consultation process. The Council on Legislation has now reviewed the bill and strongly opposes it. In its statement, the council writes that the proposal does not fulfill its purpose of reducing youth crime. On the contrary, a lowering could be expected to increase crime and shift it to even younger children.
"That a lowering of the age of criminal responsibility can be expected to increase youth crime and push it down to be committed by even younger children instead speaks for the proposal counteracting its purposes," it states in the opinion.
The council also warns of the risk of wrongful deprivation of liberty for children and that the proposal conflicts with the UN Convention on the Rights of the Child. The proposal applies temporarily to serious crimes, but the council is not critical of several other parts of the submission.
Justice Minister Gunnar Strömmer (M) comments in a written response to TT that there is a great need to reform the system for young people who commit serious crimes. He points out that current youth discounts lead to too low sentences.
"It is a reality that the current system neither succeeds in protecting people from life-threatening violence, giving victims redress, nor breaking the destructive patterns that often exist around these children," writes Strömmer.
The minister notes that the council does not object to other proposals and states that the government will carefully review the statement before reporting on how they will proceed.
