Criticism of Regulations Concerning the Minimum Age of Criminal Responsibility

Abstract

Aim: The aim of my study is to present the regulation of the minimum age of criminal liability from the Csemegi Code to the present day. I also present the legal positions formulated in relation to the penal system for juveniles. In the course of my work, I wish to shed light on the positions that prevailed during the creation of the law, emphasising the educational sanctions in relation to criminalised children. Knowledge of legal positions can provide assistance in the interpretation, application and possible future amendments of the applied legislation.

Methodology: In order to explain the main characteristics of the topic under discussion, I conducted empirical, descriptive research. In the course of preparing my study, I sought to present the theoretical issues of the regulation of the age of criminal responsibility based on what is described in the literature. In my opinion, knowledge of the literature is essential for understanding the current application of the law and for possible further development in the future. In my research, I sought to answer the question of whether criminal law places greater emphasis on retribution or on prevention, education and rehabilitation in the case of minors. In order to understand the topic more deeply, criminal statistical data can also be found in the study.

Findings: Child and juvenile delinquency is an important part of our criminal law system, in addition to the milder degree of criminal liability, the principle of different treatment and consideration of human ideals. The idea of education has been introduced into our criminal law system, which has essentially reformed our entire criminal law. Our current penal system is based on a sentencing approach that can have a positive impact by adapting the punishments imposed on children and juveniles to the specific characteristics of their age. However, our penal system cannot mean giving up the principle of responsibility and cannot replace it with general education, since in the case of crimes of a certain gravity, the authorities must act in a timely manner with the means of justice.

Value: The results of the research support the action of the justice system against child and juvenile offenders, especially the usefulness of criminal law tools while taking into account the idea of education.