Topic analysis

Sweden mulls prison for young teens as violent crime rises

In the fight against escalating gang crime, Sweden's parliament will vote on plans to hold 13-year-olds criminally responsible and, in serious cases, imprison them. Other European nations are also lowering age limits. Children aged 13 and 14 should still be in school. But in Sweden , young teenagers are being recruited by criminal networks to carry out attacks and contract killings — even shooting people in broad daylight. Under Swedish law, those under the age of 15 are not criminally liable, a fact that is being exploited by  organized crime  and gang members who often operate out of sight. Under current laws, children cannot be convicted as criminals, but instead fall under the jurisdiction of social services and youth welfare. But in its battle against rising gang violence and organized crime, Sweden wants to toughen its legal tool set. Parliament has already approved a measure allowing 15- to 17-year-olds convicted of serious crimes to serve prison sentences in specially adapted juvenile units. In addition, the government plans to lower the age of criminal responsibility to 13 on a trial basis for particularly serious offenses. This would apply to crimes such as murder, manslaughter, serious bombings or other offenses carrying very high minimum sentences. Parliament will vote on this reform in mid-June, and the result will be reviewed again after five years. To view this video please enable JavaScript, and consider upgrading to a web browser that supports HTML5 video The debate over the age of criminal responsibility isn't limited to Sweden. In 2010, Denmark lowered the age of criminal responsibility from 15 to 14 under a conservative government. Two years later, the reform was reversed. Research showed that the lower age threshold failed to have any deterrent effect. On the contrary, affected youths were more likely to re-offend and performed worse in school. As a result, Denmark is now seen by many experts as a cautionary example. Criminalizing children at a younger age does not automatically solve the problem of youth violence. In the worst-case scenario, contact with the criminal justice system can even draw young people deeper into criminal environments. Compared with other EU countries, the Netherlands and Ireland have some of the lowest ages of criminal responsibility. In the Netherlands, children can be prosecuted from the age of 12. In Ireland, the general age of criminal responsibility is also 12. However, for the most serious offenses — including murder, manslaughter, rape and aggravated sexual offenses — children as young as 10 or 11 can be held criminally responsible. A low age threshold does not automatically mean harsh prison sentences similar to those in the adult justice system. In the Netherlands, the maximum juvenile detention sentence for 12- to 15-year-olds is one year. For 16- and 17-year-olds convicted of serious crimes, the maximum juvenile sentence is generally two years, with only limited exceptions. Education, supervision and rehabilitative measures also remain the primary focus, even during detention. To view this video please enable JavaScript, and consider upgrading to a web browser that supports HTML5 video In Germany and Spain, a child who commits a serious crime at the age of 12 is not legally responsible. That does not mean the state is powerless. Youth services, family courts and protective measures can intervene. In certain circumstances, secure placement is possible — but not as a criminal punishment in the legal sense. The child is treated not as an offender, but as a minor in a situation of risk. This focus is particularly clear in Spanish law. Children under the age of 14 do not fall under juvenile criminal law, but rather within the framework of child protection. Another approach focuses more on the child's environment. Italy’s so-called Caivano Decree increases pressure on parents who are neglecting supervision and school attendance obligations. In cases of severe school truancy, parents can even face criminal consequences. However, Italy is not purely a countermodel to the Swedish approach. The decree has also toughened juvenile justice. Meanwhile, critics note that since its introduction, the number of young people in juvenile detention has climbed significantly. For many EU countries, the age of 14 remains the central benchmark. Austria also sticks to this standard. Children under 14 are not criminally responsible. Yet offenses can still have consequences, such as meetings with police and parents, warnings, involvement of youth services or educational measures. A low age of criminal responsibility in Europe does not automatically mean adult-style punishment. Juvenile courts, specialized facilities, educational interventions and protective measures are generally the priority. Europe's widespread reluctance to punish very young people broadly chimes with research in developmental psychology. Children and young adolescents are more responsive to immediate rewards, peer pressure and emotional recognition. Impulse control, weighing up long-term consequences and planning ahead are skills that only develop gradually. As a result, traditional deterrence has limited effectiveness among 13-year-olds. The prospect of a future prison sentence competes with immediate rewards like money, recognition, a sense of belonging or having a role to play. In other cases, it may compete with the child's fear of a gang. For this reason, experts caution against trying to combat youth crime solely through lower ages of criminal responsibility and harsher penalties. There is also a practical concern: criminal organizations adapt quickly. If Sweden lowers the age of criminal responsibility for serious offenses to 13, gangs may try to recruit even younger children. In that case, the problem would not be solved — rather, even younger children could become targets for criminal networks. The key question is not only at what age a child can be punished. Equally important is whether the state can clamp down on the adults who direct and organize these crimes. Many experts are skeptical that the Swedish government's plans will achieve their intended goal. Sweden's parliamentary justice committee, the bar association and several civil society organizations have voiced strong criticism of the proposal. If parliament approves the measure, 13-year-olds could face prison sentences as early as late summer. This article was originally written in German.