Minimum age of criminal responsibility in member states of the european union. A legal and psychological assessment of moral development theories and the minimum age of criminal responsibility
Minimum age of criminal responsibility in member states of the european union. A legal and psychological assessment of moral development theories and the minimum age of criminal responsibility

Summary/Abstract: The consideration behind setting a minimum age of criminal responsibility and liability in criminal law is based on a scientific assumption that below a certain level of cognitive maturity there is limited ability to apprehend the wrongness or rightness or the consequences of one’s action. Jean Piaget, the first cognitive and development psychologist has established the scale model of moral development of the child ninety years ago. These age-related theories are still prevailing in setting the minimum age of criminal responsibility in most European countries; however, more recent and contemporary research question the usability of Piaget’s findings. The shift in science is reflected in three to six countries’ legislations and in the guidelines and recommendations of the Council of Europe and the European Union.

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