scholarly journals L'âge de la responsabilité pénale

2005 ◽  
Vol 25 (2) ◽  
pp. 465-481
Author(s):  
Marie Choquette
Keyword(s):  
Criminal Code ◽  
Young Offenders ◽  
Youth Court ◽  
Juvenile Criminality ◽  
Youth Protection ◽  
Minimum Age ◽  
Age Limit ◽  
Young Offenders Act

The jurisdiction of the youth court depends on the age of the person who appears before it. Since the federal Young Offenders Act came into effect, the minimum limit has been established at twelve years of age. Consequently, sections 12 and 13 of the Criminal Code have been repealed. In the Province of Quebec, before Bill 60 came into effect, the lower age limit was fourteen years. Since the bill came into force, however, the Youth ProtectionAct has become essentially a law of protection and all federal offences must be treated in accordance with the Young Offenders Act. Many reasons persuaded the legislator to lower the minimum age from fourteen to twelve years of age, but it seems that the most convincing was a decline of the age of juvenile criminality. Finally, the Young Offenders ACt establishes the maximum age limit at eighteen years of age and standardizes that age accross Canada from April 1, 1985. Reasons of uniformity, equity and constitutionality have influenced the legislator in setting the upper age limit at eighteen years of age.

A Review of the Amendments to the Criminal Code of Canada (Mental Disorder)

1993 ◽  
Vol 38 (8) ◽  
pp. 567-570 ◽  
Author(s):  
R.S. Swaminath ◽  
P.D. Norris ◽  
W.J. Komer ◽  
G. Sidhu
Keyword(s):  
Mental Disorder ◽  
Criminal Code ◽  
Young Offenders ◽  
C 30 ◽  
Young Offenders Act ◽  
National Defence

On February 4, 1992, Bill C-30, an Act to Amend the Criminal Code of Canada (Mental Disorder), the National Defence Act and the Young Offenders Act, was officially proclaimed. The authors provide an overview of this legislation and raise some concerns regarding certain sections of the Criminal Code.

scholarly journals Understanding Sentencing under the Youth Criminal Justice Act

1969 ◽  
pp. 395 ◽  
Author(s):  
Julian V. Roberts ◽  
Nicholas Bala
Keyword(s):  
Criminal Justice ◽  
Criminal Code ◽  
Young Offenders ◽  
Community Resources ◽  
Sentencing Decisions ◽  
Youth Criminal Justice Act ◽  
Young Offenders Act ◽  
Uniform Treatment

The authors provide an analysis of the complicated sentencing regime found in Canada's Youth Criminal Justice Act (YCJA) and compare the new Act to the previous Young Offenders Act In comparison to the provisions of the Criminal Code that govern adult sentencing, the YCJA makes no reference to deterrence, has more focus on rehabilitation, and calls for lesser penalties than for adults. The authors point out that proportionality is a key principle for both sentencing youths and adults, but the aggravating elements enumerated in the YCJA are not the same as those in the Criminal Code. They further note that situations in which youth custody may be used are limited and that judges are directed to treat custody as a last resort and consider all alternatives. The authors conclude that the YCJA facilitates a more uniform treatment of young offenders, though the courts will continue to exercise considerable discretion. While it is clear that the use of custodial sanctions will decrease even without more community resources, in some places the coming into force of the new Act was accompanied by increased community resources which will also affect sentencing practices. The article concludes with a survey of some of the first cases decided under the YCJA, which reveal that custodial sanctions were avoided and rehabilitative principles played a major role in sentencing decisions.

scholarly journals MINORS AS SUBJECTS OF LAW: COMPARISON OF THE LEGAL REGULATION IN GERMANY AND UKRAINE (PART 2)

2020 ◽  
pp. 40-52
Author(s):  
Bernhard Schloer ◽  
Kateryna Kravchenko
Keyword(s):  
Comparative Analysis ◽  
Criminal Law ◽  
Criminal Responsibility ◽  
Legal Regulation ◽  
Criminal Code ◽  
Administrative Law ◽  
Social Law ◽  
Lump Sum ◽  
Minimum Age ◽  
Age Limit

This article is devoted to the minors as a subject of law. The aim of the article is a comparative analysis of minors in different areas of law as well as age limits. The article focuses on Criminal Law, Administrative Law, Labour Law, Social Law, and Procedure Law. The article is based on a method of comparative analysis of German and Ukrainian domestic law. The results of the article are following. First, a criminal responsibility of minors in both German Law and Ukrainian Law is analyzed. The question of the age of the criminal majority remains one of the most controversial issues in the field of criminal law for minors. In Germany, the age of the criminal responsibility is fourteen years, while in Ukraine the age of the criminal responsibility is sixteen years. The provisions of Ukrainian Criminal Code on criminal responsibility of minors are outdated today. Those provisions should be changed. The same changes should be made in Administrative law of Ukraine concerning the minimum age limit of administrative responsibility. Second, the comparative analysis of Social law provisions concerning minors allowance in Germany and Ukraine shows considerable differences of the level of State security. Germany has generous systems of social welfare and offers a variety of allowances and benefits for minors. One of the most well-known of these is Kindergeld (also called a Child Benefit). This is an allowance from the German government to help defray some of the cost of raising children. It can run from €219 to €250 per child per month. While Ukraine offers only a lump sum birth payment in an amount of €1234. It is also one of the most complicated issues. Conclusions based on the results of comparative analysis. The authors suggest that the age limit in the area of criminal as well as administrative law of Ukraine should be reduced.

scholarly journals The Role of Counsel in the Youth Criminal Justice Act

1969 ◽  
pp. 1029
Author(s):  
Larry C. Wilson
Keyword(s):  
Criminal Justice ◽  
Active Participation ◽  
Complex Nature ◽  
Legal Services ◽  
Young Offenders ◽  
Youth Court ◽  
Proper Role ◽  
Youth Criminal Justice Act ◽  
Young Offenders Act

The proper role of counsel in youth court has always been somewhat uncertain. Historically, there was resistance to the idea of active participation by counsel. This began to change with the introduction of the Young Offenders Act and the process continues with the Youth Criminal Justice Act Counsel are under a legislated and ethical duly to take instructions from their clients and advocate their behalf in the same fashion as with adult clients. However, the Youth Criminal Justice Act does not address two fundamental issues: I) who pays for the provision of legal services; and 2) from whom does counsel receive instructions. These unanswered questions, and the complex nature of the legislation, further complicate the role of counsel in youth court.

The Young Offenders Act: A Revolution in Canadian Juvenile Justice

1992 ◽  
Vol 18 (2) ◽  
pp. 232
Author(s):  
J. Thomas Dalby ◽  
Alan W. Leschied ◽  
Peter G. Jaffe ◽  
Wayne Willis
Keyword(s):  
Juvenile Justice ◽  
Young Offenders ◽  
Young Offenders Act
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