In September, Swedish Prime Minister Ulf Kristersson announced that the country plans to lower the minimum age of criminal responsibility from 15 to 13. This will apply to the most serious crimes such as murder or bombings in aggravating circumstances. The reform comes in response to the growing number of crimes committed by criminal gangs. According to Swedish police, these criminal groups are increasingly recruiting minors, who are assigned tasks such as carrying weapons or participating in shootings. The reason is precisely that children under the age of 15 cannot be prosecuted by the law.
The government in Stockholm previously announced the creation of special detention centers for young people between the ages of 15 and 17 in Swedish prisons. Under the new proposal, the plan is expanded to include children aged 13 and 14. They are expected to be able to be sent to these detention centers as early as this coming summer, the Swedish Ministry of Justice says.
The government claims that the change will close a loophole in the system that criminal groups take advantage of. But legal experts, human rights groups and social workers warn that lowering the age of criminal responsibility will not deter crime and could hinder the rehabilitation of young people who have committed crimes.
What about other EU countries?
In Europe, the age of criminal responsibility varies from country to country - from 10 years in Ireland to 16 years in Portugal and Luxembourg. However, all countries in the European Union (EU) have separate justice systems for young people under the age of 18. In most cases, they focus on education and rehabilitation rather than punishment. In recent years, however, the line between protecting minors and prosecuting them has become blurred amid intense political debate about juvenile delinquency.
According to German law, the earliest age at which a person can be prosecuted is 14, as is the case in Bulgaria. Some members of Chancellor Friedrich Merz's ruling CDU party, as well as some far-right politicians, are pushing for the age limit to be lowered to 12, citing rising youth crime. According to German statistics, youth crime rose by 11.3 percent in 2024, although the level remains lower than in the early 2000s.
Like in Sweden, child rights advocates and legal experts in Germany are opposing the lowering of the age limit. Some are calling for a study to be conducted first to see whether the measure would reduce the number of young people committing crimes and what effect it would have on children.
So far, the German government has shown little interest in making changes, sticking to the "rehabilitation first" approach that has long defined Berlin's philosophy of juvenile justice. The debate has been on the agenda for a long time, however, and now Sweden's decision to lower the age limit could give new impetus to conservative lawmakers.
Lowest threshold - in Ireland
Ireland has the lowest age of criminal responsibility in the EU. Under the Children Act, most minors are responsible from the age of 12, but for serious crimes such as murder, manslaughter or rape, prosecution is possible from the age of 10.
Human rights groups, including UNICEF and the Council of Europe, have criticized the policy. They recommend that the minimum age be at least 14. Activists in Ireland are calling on lawmakers to raise the threshold, arguing that the current law falls short of modern child protection standards.
However, the Irish government defends the framework, stressing that it has specialist juvenile courts and diversion programmes that focus on education and rehabilitation. However, a review of the legislation is being discussed amid growing international pressure.
How Denmark is doing
Denmark offers an interesting example. In 2010, a centre-right government lowered the age of criminal responsibility from 15 to 14, hoping to combat youth crime. Two years later, the new government reversed the decision. Studies have found no reduction in crime among 14-year-olds. They have also pointed to evidence that early imprisonment increases recidivism. For many in Brussels, it is a reminder that penal reforms may be politically effective but rarely produce lasting results.
In the EU, the question of how young is too young to punish remains highly political. Sweden’s proposal fits into a broader trend towards tougher rhetoric on youth crime, but a 2025 study in Denmark suggests that early criminalisation can make reintegration more difficult. Researchers in the US have also found that early incarceration of minors reduces positive child development and often has long-term negative effects.
Indeed, the real challenge may not be to determine how low the sentencing threshold should be, but how society can help vulnerable children prevent crime in the first place.
Author: Marie Joslin