AIMJF COMPARATIVE AND COLLABORATIVE RESEARCH ON CHILDREN BELOW THE MINIMUM AGE OF CRIMINAL RESPONSIBILITY: MEASURES, RIGHTS, PROCEDURE, PARTICIPATION

Abstract

The paper analyzes comparatively 38 national reports on children below the age of criminal responsibility collected from members and collaborators of the International Association of Youth and Family Judges and Magistrates (AIMJF). After a short exposition of the aims of the research and some methodological considerations, applicable international and regional standards are highlighted to introduce and guide specific analysis of 1) some general information regarding ages and capacity in local legislation; 2) age and capacity assessment both in case of application of ‘doli incapax’ and ‘delayed maturity’ rules or in case of lack of birth registration ; 3) the occurrence, nature and modalities of police intervention and the child’s rights in this context; 4) applicable measures to the child; 5) the procedure when applying these measures, the authorities involved and availability of alternative resolution mechanisms or procedures; 6) the occurrence and nature of child assessment when any measure is applied; 7) the child legal and procedural guarantees and his or her rights to challenge the measures; 8) the role of the justice system, if involved in this intervention, the nature of this involvement and specific rights of the child in this context; 9) supplementary support for the child; 10) the possibility, context and nature of child participation; 10) legal implications of the measures imposed, both regarding the child’s further involvement with the justice system, and the possibility and nature of the victims intervention in this process and finally 11) reforms in progress. Final conclusions and recommendations for the future intend to stimulate further international judicial dialogue and experience sharing