These children should actually still be in school, because they are 13 and 14 years old. But some of them have long since fallen into the criminal gangs in Sweden, which use them for various crimes. Minors participate in bombings, shootings, contract killings.
And the world of organized crime takes advantage of the weakness of the social systems in Sweden. According to the laws in the country, young people who have not reached the age of 15 are not subject to criminal prosecution. They cannot be convicted and fall under the responsibility of social services and child protection services. For criminals who operate behind the scenes, this is welcome.
13-year-olds in prison?
In response to the deepening collapse of the state monopoly on power, Sweden is now introducing significantly tougher measures. Parliament has decided that for serious crimes, young people between the ages of 15 and 17 will now receive prison sentences, which they will serve in special juvenile prisons.
The government intends to lower the age of criminal responsibility for particularly serious crimes for which children and young people are subject to criminal liability to 13 years. This will be possible if they have committed serious crimes - murder, manslaughter, bombings with serious consequences or other acts that carry high sentences. In mid-June, the parliament will decide on this reform, which will be re-evaluated for effectiveness after five years.
The controversial example of Denmark
The discussion about lowering the age at which perpetrators can be prosecuted is not only taking place in Sweden. In 2010, Denmark lowered it from 15 to 14 years. However, two years later, the reform was repealed. The scientists' analyses showed that the measure had no deterrent effect. It turned out to be quite the opposite - the affected young people are more likely to become recidivists and have lower success rates at school.
This experience from Denmark still serves as a warning to most specialists. Whoever incriminates children and young people at an earlier age does not automatically solve the problems of youth violence. In the worst case, contact with criminal justice can even tie young people even closer to criminal circles.
The Netherlands and Ireland are record holders in the EU
Compared to other EU countries, the Netherlands and Ireland are among the countries with particularly low ages of criminal responsibility. In both the Netherlands and Ireland, children can be held criminally liable from the age of 12. In Ireland, for particularly serious crimes such as murder, manslaughter, rape and serious sexual offences, even 10- and 11-year-olds can be held criminally liable.
However, the low threshold does not automatically mean severe prison sentences, as is the case in adult criminal law. In the Netherlands, the maximum prison term for young people aged 12 to 15 is one year. For 16 and 17 year olds, for serious crimes - with the exception of some special cases - imprisonment for a maximum of two years is possible. In addition, school, social care and pedagogical measures have priority over imprisonment.
Germany and Spain - help, not punishment
Children who commit a serious crime in Germany or Spain at the age of 12 are not criminally liable. But this does not mean that the state cannot do anything. Child and youth protection services, family courts and other protective measures are involved. Under certain conditions, placement in a closed institution is possible, but not as a punishment in the criminal sense.
In this way, the child is not treated as a criminal, but as a minor in a risky situation. This approach is particularly clear in Spanish law. Children under 14 do not fall under the scope of juvenile criminal law, but under the sphere of child protection.
Another approach relies on measures in the environment of children. With the so-called Caivano Decree, Italy significantly increased the pressure on parents in order to prevent juvenile delinquency and early school leaving. The decree provides for strict measures against parents, including criminal measures.
What does science say?
The European restraint in punishing young children is in line with scientific findings about the physiology of child development. Children and young teenagers respond particularly strongly to immediate rewards, peer pressure and emotional recognition. Skills such as controlling emotional impulses, being aware of long-term consequences and the ability to act purposefully only develop gradually.
This is why classic deterrent and punishment measures have only a limited effect on 13-year-olds. For them, the prospect of future imprisonment competes with the possibility of immediate rewards in the form of money, recognition, a sense of belonging, a sense of pride in playing an important role. Or - the opposite: with the fear of the gang. That is why experts warn against fighting youth crime simply by lowering the age limit and imposing harsher penalties.
How do gangs get around the measures?
Added to all this is a practical problem. Criminal organizations are quickly reorienting themselves. If Sweden were to lower the age of criminal responsibility for serious crimes to 13, gangs would likely try to recruit even younger children. This would not solve the problem, but on the contrary, even younger children would become targets for gangs.
Therefore, the issue is not just about the age of criminal responsibility. What is even more crucial is whether the state is able to detect and apprehend adult perpetrators of crimes.
Experts are skeptical that the government's plans will lead to the desired success. The Swedish Legal Affairs Commission, the Bar Association and a number of humanitarian organizations have sharply criticized the project. If it is nevertheless passed by parliament, 13-year-olds could be sentenced to imprisonment as early as the end of this summer.
Author: Andreas Knoll