Adolescents Criminal Law Case Study

763 Words2 Pages

The Adolescents Criminal Law: a two-faced law?
In April 2014 the Adolescents Criminal Law will enter into force. The aim of this law is to provide ‘tailor-made’ sanctions for adolescents. But what about the minors? The law seems to be particularly repressive towards them.

On April 1st, 2014 the much discussed and heavily criticized Adolescents Criminal Law will enter into force. The aim of this law is to provide ‘tailor-made’ sanctions for adolescents between 15 and 23 years old, taking their developmental capacities into account. Until the age of 23, adolescents are not fully mentally developed and therefore not fully capable of comprehending the consequences of their actions, resulting in impulsive and even criminal behaviour. This development has to be taken into account while determining the punishment. The Adolescents Criminal Law provides a maximum flexibility by combining measures and sanctions of both the juvenile justice system and the ordinary criminal law system.

Contradiction
The name Adolescents Criminal Law is misleading. The law doesn’t create a new system for adolescents, but only expands the reach of the juvenile justice system. It creates the possibility to sentence adolescents from 18 to 23 years following the juvenile justice system. This isn’t an entirely new possibility, but only a raise of the age-limit from 21 to 23. However, this possibility has to be seen as an exception, not a leading principle. The judge will only use this exception when the personality of the offender and/or the circumstances under which the crime was committed give reason to do so. The expansion of the possibility to impose the juvenile justice system on adolescents seems a positive change. The existing possibility, however, has bee...

... middle of paper ...

...o be misused to impose a more repressive juvenile justice system, with retribution as a guiding principle instead of rehabilitation. Especially the possibility to convert the PIJ-measure into TBS is a strong repressive measure, which affects all juveniles and reintroduces the possibility of life imprisonment. The aim of the law is to reduce recidivism, but research shows that repressive sanctions lead to even more recidivism. The aim of the law will therefore not be reached. The initiative to introduce a criminal law system designed for adolescents is admirable, but the given interpretation lacks the possibility to impose adequate and individualized sanctions and isn’t child-friendly. It would have been better to introduce a separate criminal justice system for adolescents of 18 to 23 years. The Adolescents Criminal Law can therefore be seen as a missed opportunity.

Open Document