What happens if you come of age?
Posted: Sun Dec 22, 2024 10:16 am
Therefore, minors are exempt from criminal liability , according to the Penal Code. However, if they commit a crime, Organic Law 5/2000 , of January 12, regulating the criminal liability of minors, applies .
The criminal responsibility of minors
The law on criminal responsibility of minors provides a model of responsibility: the minor is criminally responsible in the same way as an adult , facing a criminal process with a judge, a prosecutor and a defense attorney.
In the Juvenile Criminal Law, the interests of the minor prevail, and their malaysian phone numbers re-education and social reintegration are sought , above all through education. For this reason, it does not provide for penalties, but rather socio-educational measures.
But not all minors are criminally responsible. Our legal system has a purely biological system for determining the age of criminal minority.
The biological system : consists of setting a certain age. Below this age, the subject is presumed to be unaccountable, regardless of his personality and degree of maturity.
The discernment system : an age is also set, but the degree of maturity of the subject and his capacity to understand the illicit nature of his conduct are taken into account.
Since we have a pure biological system, the juvenile criminal law applies to those minors who commit crimes between the ages of 14 and 18. That is, below the age of 14 there is no criminal liability and only the rules for the protection of minors apply.
What if a minor under 14 commits a crime?
Minors under 14 years of age are not criminally responsible and cannot be held accountable. It is understood that minors under this age lack the capacity to understand the illicit nature of their conduct.
They are subject to the rules on the protection of minors set out in the Civil Code.
There may be two assumptions:
Reaching the age of majority before or during the procedure: the age at the time of the commission of the acts is taken into account .
Reaching the age of majority while serving a closed regime sentence: the procedure continues until the objectives indicated in the sentence are achieved, but the person must never be older than 23 years of age. However, under Organic Law 8/2006, upon reaching the age of 21, the person must continue serving his or her sentence in prison , and the possibility of making this decision upon reaching the age of 18 is also included.
The criminal responsibility of minors
The law on criminal responsibility of minors provides a model of responsibility: the minor is criminally responsible in the same way as an adult , facing a criminal process with a judge, a prosecutor and a defense attorney.
In the Juvenile Criminal Law, the interests of the minor prevail, and their malaysian phone numbers re-education and social reintegration are sought , above all through education. For this reason, it does not provide for penalties, but rather socio-educational measures.
But not all minors are criminally responsible. Our legal system has a purely biological system for determining the age of criminal minority.
The biological system : consists of setting a certain age. Below this age, the subject is presumed to be unaccountable, regardless of his personality and degree of maturity.
The discernment system : an age is also set, but the degree of maturity of the subject and his capacity to understand the illicit nature of his conduct are taken into account.
Since we have a pure biological system, the juvenile criminal law applies to those minors who commit crimes between the ages of 14 and 18. That is, below the age of 14 there is no criminal liability and only the rules for the protection of minors apply.
What if a minor under 14 commits a crime?
Minors under 14 years of age are not criminally responsible and cannot be held accountable. It is understood that minors under this age lack the capacity to understand the illicit nature of their conduct.
They are subject to the rules on the protection of minors set out in the Civil Code.
There may be two assumptions:
Reaching the age of majority before or during the procedure: the age at the time of the commission of the acts is taken into account .
Reaching the age of majority while serving a closed regime sentence: the procedure continues until the objectives indicated in the sentence are achieved, but the person must never be older than 23 years of age. However, under Organic Law 8/2006, upon reaching the age of 21, the person must continue serving his or her sentence in prison , and the possibility of making this decision upon reaching the age of 18 is also included.