What if I told you children can be labelled as criminals in some parts of the world? Would you be shocked or surprised? Making a criminal mistake at an age as young as seven – when your brain is underdeveloped and your actions are heavily influenced by others – could cost you your future.

This article explains what the age of criminal responsibility is and how it varies widely across different countries.

What is the age of criminal responsibility?

According to the United Nations’ Convention on the Rights of the Child, states must set “a minimum age below which children shall be presumed not to have the capacity to infringe the penal law” – often referred to as the minimum age of criminal responsibility (MACR). Children below this age are considered incapable of criminal misconduct.

The UN has advised against setting MACR below the age of 14, arguing that younger children lack the emotional, mental and intellectual maturity required to be held fully accountable under criminal law, in line with the “Beijing Rules” (minimum standards for the administration of juvenile justice).

However, the MACR varies considerably between different countries due to differences in legislation and societal attitudes towards childhood and punishment.

 

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Which countries have the lowest age?

Some countries have set particularly low ages of criminal responsibility. For example, India has a minimum age of 7, while Ireland and New Zealand have set it at 10.

Malawi is also among one of the lowest thresholds, with a MACR of 7. Children under 7 are presumed to be incapable of committing an offence.

Children aged 7 to 11 can be held criminally responsible if the prosecution proves that the child had the capacity to discern right from wrong at the time of the offence. From the age of 12 upwards, children are generally treated as capable of criminal responsibility and will be subject to youth-justice protections.

Which countries have the highest age?

Other countries set the age of criminal responsibility much higher. The highest age is 18, in countries such as Belgium and Luxembourg.

In Peru, children under 18 are not considered criminally liable. Instead, offences are treated as infractions and handled by the juvenile justice system, designed to prioritise education rather than punishment. Those under 14 are subject only to protective measures, such as tutoring and educational programmes, to deter reoffending.

Which countries have the most common age?

A survey of 86 countries around the world found that the most common age of criminal responsibility is 14 – which is what the UN advises. Countries that have a MACR of 14 include China, South Korea, Finland, Denmark, Germany and Armenia.

Are there jurisdictions without a defined minimum age?

The United States does not have a nationwide minimum age of criminal responsibility. Instead, rules vary from state by state, and sometimes there is no defined lower age at all. Most states allow children to be brought into the juvenile justice system, although recent reforms in most states introduced some thresholds for the age of criminal responsibility, often around 10–12 years old.

At the same time, legal mechanisms mean that children, sometimes as young as 10, can be transferred to adult courts for serious offences, reflecting a system balancing rehabilitation with punitive approaches.

What does science say about children’s behaviour?

Research suggests that the brain develops at different ages and at different speeds. Systems linked to emotion and reward tend to mature earlier than the prefrontal cortex responsible for judgement and for controlling behaviour.

At the ages of 5 to 7, children can already make simple decisions and distinguish between basic rules and wrongdoings. However, they are still heavily influenced by adults and the rewards or punishments they are given as a result of their behaviour.

By 10 to 12, children can discern between right and wrong but still lack impulse control due to immaturity of the prefrontal cortex. This means that they are still unable to evaluate long-term consequences against immediate rewards, emotions or social pressure.

At 13 to 15, the teenagers’ prefrontal cortex is still maturing with a heightened sensitivity to peers and heightened risk-taking behaviour. Although some may already possess an adult level of logical reasoning, teenagers remain more likely to succumb to impulses.

The prefrontal cortex continues developing into the mid-20s, supporting improved judgement and self-regulation. This is one reason why many experts argue that children and teenagers should not be treated as adults in criminal law.