The Minimum Age of Criminal Responsibility

Interdisciplinary Perspectives

Abstract

The criminal liability of minors represents a complex and sensitive legal issue, involving not only legal aspects but also psychological, social, and ethical dimensions. Children's developmental particularities – especially neurocognitive maturation processes and decision-making capacity – require a constant reassessment of the criteria for criminal responsibility. From this perspective, neuropsychological factors play an essential role in determining the age at which a minor can be considered capable of understanding the nature and consequences of their actions and of acting with free will in relation to them. This raises the question of whether such capacity can truly be assigned to a fixed age and what essential developmental processes must occur in a child in order to justify holding them criminally responsible. The paper examines key international instruments, including UN conventions and Council of Europe recommendations, which provide guidance to member states on establishing a minimum age of criminal responsibility and developing a child-sensitive justice system. Adopting an interdisciplinary approach, the study explores whether legal science incorporates insights from other disciplines when defining the minimum age of criminal responsibility and identifies international trends in this field by analyzing both legal instruments and their practical application.