Age – as the basis of minimum age of criminal responsibility (analysis of international and national legislation)

Abstract

The topic of the scientific work is relevant both in international and national legislation. The minimum age of criminal liability is the limit from which the state begins to implement its repressive measures against minors. Therefore, it is important to regulate the minimum age in such a way that it is in harmony with the bio-psycho-social condition of the minor and to achieve the goals of criminal law, in terms of analyzing the committed crime, and at the same time, the main goal of punishment in juvenile justice, such as resocialization-rehabilitation, is achievable. The article analyzes from which age the actions committed in the person of a person are analyzed, which should be directly related to the establishment of the minimum age limit. In addition, international approaches are compared with national legislation. It is worth noting that in the reality of Georgia, such an important institution as referral has been implemented, which does not leave minors under the minimum age, who have committed deviant actions, unresponsive. In the paper, the issues determining the criminal liability of a minor are discussed logically, after which the national legislation and international approaches are discussed. It is shown how important it is to correctly perceive/analyze the mentioned issue for the development of juvenile justice, and as a conclu- sion, the conformity of national approaches with internationally recognized best practice is shown, especially with the existence of such an important institution as – referral, thus, on the one hand, the state does not leave devi- ant cases without a response. The behavior, on the other hand, is prevented in the future by resocialization-rehabilitation of the minor.

Keywords: age - juvenile - responsibility - resocialization

Introduction

Juvenile Justice refers to justice of child. The word "justice" is often interpreted as law. Accordingly, juvenile justice is translated as justice of child.[1]   Juvenile justice was established in the United States of America and its purpose was to protect minors who have fallen into the orbit of justice;[2] It aimed to offer juvenile justice tailored to individual needs. The main task was to guide minors with different standards from adults.^[3] In international dictionaries, "juvenile justice" is defined as a set of laws, policies and procedures related to persons who have reached the age of criminal responsibility, who are subject to criminal proceedings, legislation that protects their interests and rights granted by law.^[4]

In juvenile justice, the most important issue is the minimum age of criminal responsibility (MACR), from which the state's repressive measures against a person begin. The Convention on the Rights of the Child, adopted by the United Nations General Assembly, emphasizes the existence of special guarantees for children, including the age of criminal responsibility, which should be determined in such a way that it takes into account the emotional, mental and intellectual immaturity of adolescents.^[5] States should take into account the differences between minors and adults, that juvenile justice is focused on the resocialization of children and not on their punishment and revenge, since minors are a vulnerable category due to their physical and psychological, emotional and mental development.^[6]

The minimum age of criminal responsibility is a subject of debate, as it is both sensitive and prone to misinterpretation, simplification and myth. In particular, when defining sensitivity, they refer to the statistics of crimes committed by young children, which gives an adequate answer regarding the minimum age of criminal responsibility; The misinterpretation is understood in such a way that it is important to correctly understand the essence of juvenile justice, that it is not focused on punishment and diversion measures play a priority role in it; The issue of simplification is understood as a measure of age-related responsibility, according to which a high or low minimum age of criminal responsibility determines what type of responsibility should be imposed on a minor.

Myth - The minimum age of criminal responsibility is the age limit in society where juveniles should know the difference between right and wrong.^[7] The establishment of a minimum age of responsibility for a minor is related to the historical and cultural context. The main thing is whether the child's level of development allows to understand the criminal responsibility for his antisocial behavior.^[8] Children and adolescents differ from adults in terms of their development due to their age, therefore the existing justice towards them should be adapted to rehabilitation-resocialization.[9] It has long been recognized that young children should not be held accountable for their actions before the law.[10] Juvenile justice is based on different approaches from adult justice, because a child, due to his physical and mental maturity, needs special protection and care.[11] When establishing the minimum age of criminal responsibility, all fundamental issues established by the Committee on Children's Rights should be taken into account, such as, first of all, the principle of prioritizing the best interest of the child, according to which traditional repressive measures should be replaced by restorative justice and rehabilitation goals;[12] Child welfare goals are most likely to be achieved if the minimum age of criminal responsibility is reconciled with ways to improve therapeutic and practical services.^[13]

The aim of the paper is to show how important it is to establish a minimum age for minors, from which the state starts to carry out repressive measures - in the form of criminal law institutions. First of all, the question of what the minimum age is related to, on the basis of which it is determined, needs to be clarified. After analyzing the mentioned issue, the legislation of Georgia will be discussed and its compliance with the internationally accepted practice will be shown. Moreover, such an innovative issue as referral will be analyzed, which is a very important issue to show the non-abandonment beyond the response of children's deviant behaviors. In order to study and analyze all the mentioned issues, the method of analysis and comparison, the method of logical reasoning and thinking will be used.

1. Age as a physiological-psychological issue - determinant of criminal responsibility

"A person as a person alone, i.e. Existence as an anthropological-biological phenomenon is not enough to hold it responsible for its own behavior. For this, it is necessary for a person to rise to the level of a person, which implies the "I" of pure will and thinking. These factors are the main moments of a person's relationship with the surrounding world in order to ask him to answer for his behavior''.^[14] Criminal responsibility is much more than the difference between good and bad. It involves a unity of interdependent mental faculties. Many complex, unified issues.^[15]

Determining the relationship between age and crime is the most important relationship in criminology. ^[16] In criminology, the relationship between crime and age is known as the "age-crime curve", according to which crime increases in early adolescence, around the age of 14, peaks in the 20s, and then declines.^[17] In order to impose criminal liability on a teenager, it is necessary that his neurological, behavioral, emotional and moral issues are properly developed.^[18]

Scientifically, through brain imaging, it has been proven that the areas of the brain that are responsible for decision-making do not mature until adulthood; Areas of the brain responsible for decision-making, planning, social relationships, and inhibition of risky behaviors are the last to mature.^[19]The immaturity of adolescents' neurodevelopment leads to their tendency to commit antisocial behaviors, especially if their peers are prone to crimes, since at this time adolescents try to commit "pleasant" behaviors for their peers.^[20]When determining the minimum age of criminal responsibility, they consider that the psychological and moral development of a teenager should be taken into account at this time.^[21]

Adolescence in humans is defined as a psychologically and socially transitional period between childhood and adulthood, as the adolescent's body undergoes dramatic changes at the onset of puberty.^[22]

Those areas of the human brain that are responsible for the cognitive part continue to develop even at the age of 18. Science confirms that neural development remains incomplete until early adulthood. Developmental immaturity affects a range of cognitive thinking issues and is characterized by impulsiveness, acting rationally without analyzing issues.^[23]

Children's behavior is influenced by the anatomy and biochemistry of the developing brain, which affects a person's ability to perceive risk, control impulses, analyze the consequences of actions, and control emotions. The parts of the brain involved in action analysis, impulse control, and foresight develop in the twenties rather than the teenage years, causing teens to be overly emotional, prone to risky behaviors, and less able to foresee the future. Based on the human brain, decisions made during adolescence are related to impulsivity, emotions and aggression. ^[24]

Studies have shown that the understanding of the morality of "law and order" is not reached until the mid-teens, logical thinking and problem-solving skills are intensively developed between the ages of 11 and 15, and children between the ages of 10 and 13 are particularly vulnerable to peer pressure.^[25]

"The ability of minors to logically analyze their actions, autonomy, resistance to pressure from others, the ability to perceive and feel the consequences of crime and antisocial actions is underdeveloped, which contributes to the tendency to make decisions harmful to themselves and others."^[26]

According to international standards, the determination of the minimum age is emotional, mental and intellectual maturity, according to which medical conclusions and analysis of psycho-social condition are important, not society's evaluations and tradition.^[27] 

2.The relevant age for the criminal responsibility of minors as determined by national legislation

According to the legislation of Georgia, the determining age of responsibility of minors should be considered in several directions. In particular, the age of criminal responsibility of minors and the age from which without criminal responsibility, through referral - the state does not leave adolescents with difficult behavior without a response, which is aimed at their future resocialization-rehabilitation. Age-differentiated assessment involves some risk of subjectivity, but it is important to take into account it in order to tailor it to the individual needs of children as much as possible.^[28]

According to the "Juvenile Justice Code" of the Law of Georgia, what age category of children are included in juvenile justice is defined in the first part of Article 2 of the same Code, according to which: "This Code is used for minors in conflict with the law, minor victims and minors who are interrogated as minors/witnesses while participating in the justice process. The norms established by Articles 38-48 of this Code (except Article 42, Part 1, Sub-Clause "G" and Article 46) also apply to a person between the ages of 18 and 21, if there is a reasonable assumption that he has committed an offense under the Criminal Code of Georgia Considered a less serious crime or a serious crime."^[29] According to the first part of Article 3 of the same law: "Minor - a minor victim under the age of 18, a minor witness, a minor in conflict with the law." For the purposes of administrative responsibility, a person who has turned 16 years of age at the time of committing an administrative offense, but has not yet turned 18, is considered a minor, and for the purposes of criminal responsibility - a person who has turned 14 years of age at the time of committing a crime, but has not yet turned 18.“^[30] As for the minor in conflict with the law, it means: "a person under the age of 18, against whom: a) there is a well-founded assumption that he has committed a crime stipulated by the Criminal Code of Georgia; b) an administrative offense protocol has been drawn up, according to which he has committed offenses under Articles 45, 45¹ and 100², Article 116, Parts 3, 5, 6, 8 and 9 of the Administrative Offenses Code of Georgia, Article 121, Part 4, Article 123, Part 4, Article 150, Part 22, Article 153³, Part 2, Article 153⁶, Part 2, Articles 155², 157 and 166, Administrative offense provided for by Article 171, Part 3, Article 173, Article 174¹, Parts 3 and 4, Article 174¹⁵, Part 4, Articles 175², 177¹ and 178, and Article 181¹, Part 2 ; c) A guilty verdict or a decision to impose an administrative fine for the administrative offense provided for in subsection "b" of this section has been issued." The Law of Georgia "Children's Rights Code" distinguishes between a child and an adolescent, namely: "Child - a minor under 18 years of age; Adolescent - from 10 to 18 years old".^[31]

The age of criminal responsibility of a minor was regulated differently from the present situation by the Code of Criminal Procedure of Georgia, in particular, the age of a minor and a minor differed from each other, a minor was a person who had not reached the age of 18, and a minor was a person who had not reached the age of 14.^[32] On May 23, 2007, a change was made in the criminal justice process of Georgia, and the age of responsibility in relation to a number of issues was determined from 12 years old.^[33] Thus, in the Georgian reality, the age of responsibility of a minor in relation to a number of articles started from 12 years, although mostly from 14 years. This kind of practice is not allowed based on the reasoning developed above, since imposing criminal responsibility on a 12-year-old child is irrelevant to the goals of criminal law. Fortunately, according to the current national legislation, the beginning of the minimum criminal responsibility of a minor is 14 years old, which, based on the reasoning developed above, in particular, in terms of the development of the adolescent's brain, how he perceives the behaviors he commits, in terms of analyzing the actions he commits, is in full agreement with his psychological-physiological with development.

3. Age as a factor excluding the criminal liability of minors and appropriate for referral

In addition to the minimum age of criminal responsibility for minors in Georgia, there is a rule of referral of minors, which is an innovative issue and is important in the sense that the state does not leave the age category of adolescents who are not 14 years old without a response, although they are characterized by difficult behavior. The mentioned issue was regulated by the Resolution No. 681 of the Government of Georgia of December 31, 2019, thus approving the rule of referral of minors, the purpose of which is socialization, resocialization, rehabilitation, crime prevention of minors with complex behavior through an institutional and complex approach.^[34] The referral mechanism provides an opportunity to be redirected by the prosecutor's office to the referral center of the Agency for Crime Prevention, Non-custodial Sentences and Probation: "a) a minor between the ages of 7 and 14 with difficult behavior, against whom the commission of an act provided for by the private part of the Penal Code of Georgia is confirmed by the standard of reasonable suspicion; b) 14 to 18-year-old juvenile with difficult behavior, against whom the commission of a crime is confirmed by the standard of reasonable suspicion, but he was not diverted or charged; c) A minor between 14 and 18 years of age, whose commission of a crime has not been proven, but whose actions show complex behavior. "A minor between the ages of 14 and 18, against whom diversion procedures have been initiated or a decision has been issued on the accusation of a person, is not subject to redirection to the referral center."^[35] The referral center was launched on January 1 of the 2020 years,^[36] which actively carries out the duties assigned to him.[37]

For the purpose of referring minors, an adolescent aged between 7 and 18 is considered a minor.^[38] Criminal liability cannot be imposed, however, the reaction starts from 7 years, namely: "for those minors aged 7 to 14 years, in relation to whom the commission of an act provided for by the private part of the Criminal Code of Georgia is confirmed by the standard of well-founded assumption by the competent agencies".^[39]

4. Experience of foreign countries in determining the age of criminal responsibility.

According to international documents: "For the purposes of the Convention, every person is considered to be a person before reaching the age of 18 years, unless under the law applicable to that child, he or she reaches majority earlier." The recommendation states that setting a minimum age of responsibility below 12 years is internationally unacceptable and states should continue to raise the minimum age to a higher age level.^[40]

The Convention on the Rights of the Child does not set a minimum age, however, Article 40, Section 3 requires states to set a minimum age and explains what is meant by a minimum age: "below which children are deemed not to be able to violate the criminal law".^[41] The mentioned issue is more concretized in the minimum standard rules of the UN on the implementation of juvenile justice, the so-called In the "Beijing Rules", according to the fourth article: "In those legal systems in which the concept of the age of criminal responsibility for minors is accepted, the lower limit of this age should not be established at a very early age, depending on the aspects of emotional, spiritual and intellectual development“.^[42]

Regarding the minimum age of criminal responsibility, there is a lot of debate about which should be internationally accepted and which is the most appropriate period for a minor to understand responsibility, however, there is no consensus in this regard, but there is recommendation No. 10 of the Committee on the Rights of the Child, according to which "a minor under 12 Responsibility should be internationally unacceptable.“ ^[43]

When analyzing the international experience, we cannot ignore such an interesting issue as the approach of a number of states, which sets the age of criminal responsibility based on the maturity of the child. This approach is referred to as "doli incapax" (incapable of committing a crime) as well as the awareness-based approach.^[44] "A criminal prosecution against a child will be allowed, but the child can only be found guilty if the prosecution can „rebut the presumption“ that the child was not aware that his actions constituted a serious offence."^[45] The main thing is to establish that the child perceives the act committed by him, it is not just teasing and harm, but a serious offense.^[46] The countries of the British Commonwealth had and have this approach.^[47] The practice of those countries which, in addition to the minimum age of criminal responsibility, so-called By "maturity", the criminal liability of a person below the threshold age for committing a serious crime is terminated, which is unacceptable, since such an unpredictable practice creates a discriminatory practice.^[48]

The Committee on the Rights of the Child has expressed its concern about such approaches depending on the awareness of the child and has assessed it as unreliable and unpredictable. Such an approach leads to the criminalization of serious crimes against young children and leaves children without a "protective cloak".^[49]

In the UK, the age of responsibility is set at 10, which is alarmingly low, as a child's brain is not yet developed enough to be responsible for a criminal act.^[50]

Interestingly, Australian law regarding the age of criminal responsibility of a minor. On the one hand, there is a minimum age, in particular, the imposition of criminal responsibility on a child under the age of 10 is not allowed, and on the other hand, the doctrine of "doli incapax" applies, according to which the criminal responsibility of a minor between the ages of 10 and 14 will be established only if the prosecution proves that A child of this age was aware of his actions. As for the responsibility of a child under the age of 10 - it is not allowed,^[51] What is mentioned in the legislation, where it is indicated that the criminal responsibility of a child under the age of 10 is not allowed.^[52] „The doctrine of "doli incapax" is important from the point of view that the minor, whose level of development, his mental and intellectual level allows understanding of his criminal act, does not remain without responsibility, at this time, it is quite possible that some 10-year-old children understand a similar act, which they cannot understand 14 A minor of the year.^[53]  The spread of the said doctrine began around the first half of the seventeenth century, when the criminal responsibility of children under the age of 14 was considered and the criminal responsibility of a child under the age of 14 was viewed with the eyes of criticism.^[54] Increasing the age of criminal responsibility from 10 to 14 years was actively discussed, but the draft law was not adopted.^[55] The UN Committee on the Rights of the Child has expressed serious concern about such disturbing practices in Australia.^[56] Internationally, there was a call by 31 states to increase criminal liability, but nothing has changed so far.^[57] 

Conclusion

Thus, the most important issue in criminal law is the determining age of minimum criminal responsibility. Because criminal responsibility is related to age. That is why it is important to take into account the age at which the child's consciousness is formed when it is possible for him to perceive the crime, which is ultimately important for achieving the goals of the punishment, before establishing the minimum criminal responsibility. The paper mentions that according to internationally accepted practice, there should not be a minimum age of criminal responsibility below 12 years, since it is recognized in science that from this age the most pronounced control over the committed actions and its perception is logical. In the legislation of Georgia, 14 years is considered as such age. However, this does not mean that the deviant behavior of a person between the ages of 7 and 14 will remain beyond the response of the state. For this purpose, referral was created, by means of which a person who is not accepted in the age of 14 is redirected, his difficult behavior is managed, thereby, on the one hand, his resocialization-rehabilitation, and on the other hand, prevention, so that he will no longer carry out behavior that will be considered a criminal offense in the future.

Bibliography

Used literature:

1. Makharoblidze, T., (2020). Historical-legal aspects of the origin and development of juvenile justice (comparative analysis). Journal of Law. 1, 255 (In Georgian)


2. Loeber, R., & Farrington, D,. (2014). Age-crime curve. In: Encyclopedia of Criminology and Criminal Justice. New York: Springer, 1 <https://www.researchgate.net/profile/Michael-Rocque/publication/286259570_Age_and_Crime/links/5a81a056a6fdcc098a188142/Age-and-Crime.pdf> [Last seen: 7 December 2022]. (In English)


3. Law Council of Australia, (2020).  Council of Attorneys General – Age of Criminal Responsibility Working Group Review, Age of Criminal Responsibility Working Group, 11 <https://www.lawcouncil.asn.au/docs/75d8d90e-385c-ea11-9404-005056be13b5/3772%20-%20CAG%20Review%20of%20age%20of%20criminal%20responsibility.pdf> [Last seen: 7 December 2022]. (In English)

Normative material:

1. Convention on the Rights of the Child, article 40 (3). <https://www.ohchr.org/en/instruments-mechanisms/instruments/convention-rights-child> [Last seen: 7 December 2022]. (In English)


2. Law of Georgia Juvenile Justice Code (2016). The scope and application of the Code of Juvenile Justice is analogous to the law. Article 2. Legislative Gazette of Georgia. <https://matsne.gov.ge/ka/document/view/2877281?publication=21> [Last seen: 7 December 2022]. (In Georgian)


3. Resolution of the Government of Georgia No. 681 of December 31, 2019, on the approval of the rule on the referral of minors, <https://matsne.gov.ge/ka/document/view/4765155?publication=0> [Last seen: 7 December 2022]. (In Georgian)

Footnotes

[1] Bokhashvili, I., & Beridze, M. (2009). Juvenile Justice Issues. Journal of Law. 2, 35

[2] Ibid. 35

[3] Makharoblidze, T., (2020). Historical-legal aspects of the origin and development of juvenile justice (comparative analysis). Journal of Law. 1, 256

[4] Britannica, Juvenile Justice meaning. <https://www.britannica.com/topic/juvenile-justice> [Last seen: 7 December, 2022].

[5] Convention on the Rights of the Child, article 40 (3). < https://www.ohchr.org/en/instruments-mechanisms/instruments/convention-rights-child> [Last seen: 7 December, 2022].

[6] Justice for Children Briefing No. 4 , Penal reform international, The minimum age of criminal responsibility, 2, <https://www.penalreform.org/resource/justice-children-briefing-no4-minimum-age-criminal-responsibility/ >[Last seen: 7 December, 2022].

[7]Cipriani, D. (2009). Children’s Rights and the Minimum Age of Criminal Responsibility: A Global Perspective, Ashcroft, 11 <https://www.taylorfrancis.com/books/mono/10.4324/9781315571584/children-rights-minimum-age-criminal-responsibility-cipriani> [Last seen: 7 December, 2022].

[8] United Nations Standard Minimum Rules for the Administration of Juvenile

Justice ("The Beijing Rules"), Rule 4, <https://www.ohchr.org/sites/default/files/Documents/ProfessionalInterest/beijingrules.pdf >[Last seen: 7 December, 2022].

[9] Makharoblidze, T., (2020). Historical-legal aspects of the origin and development of juvenile justice (comparative analysis). Journal of Law. 1, 255

[10] Penelope F. Brown, (2018). Age of criminal responsibility,  2 <https://www.researchgate.net/publication/326066014_Age_of_Criminal_Responsibility?enrichId=rgreq-e09ee4d4f7a717932c6cdcbcc7367c49-XXX&enrichSource=Y292ZXJQYWdlOzMyNjA2NjAxNDtBUzo2NDI4NjY5Njc3NjkwOTZAMTUzMDI4MjgzNzc2Mg%3D%3D&el=1_x_2&_esc=publicationCoverPdf >  [Last seen: 7 December, 2022].

[11] Kiladze, S., Turava, P., (2021). Guidance Commentary on the Code of Child Rights. Tbilisi: Publishing House "World of Lawyers", 19

[12] Justice for Children Briefing No. 4, Penal reform international, The minimum age of criminal responsibility, 3, <https://www.penalreform.org/resource/justice-children-briefing-no4-minimum-age-criminal-responsibility/> [Last seen: 7 December, 2022].

[13] Brien, W., & Fitz-Gibbon, K., (2017). The Minimum Age of Criminal Responsibility in Victoria (Australia):

Examining Stakeholders’ Views and the Need for Principled Reform. Youth Justice 134, 17 (2), 10 <https://www.academia.edu/36811184/The_Minimum_Age_of_Criminal_Responsibility_in_Victoria_Australia_Examining_Stakeholders_Views_and_the_Need_for_Principled_Reform> [Last seen: 7 December, 2022].

[14] Khuchua, N., (2012). Age as an exculpatory circumstance. Almanac.8, 12

[15] Justice for Children Briefing No. 4 , Penal reform international, The minimum age of criminal responsibility, 3, <https://www.penalreform.org/resource/justice-children-briefing-no4-minimum-age-criminal-responsibility/> [Last seen: 7 December, 2022].

[16] Loeber, R., & Farrington, D., (2014). Age-crime curve. In: Encyclopedia of

Criminology and Criminal Justice. New York: Springer, 1 <https://www.researchgate.net/profile/Michael-Rocque/publication/286259570_Age_and_Crime/links/5a81a056a6fdcc098a188142/Age-and-Crime.pdf> [Last seen: 7 December, 2022].

[17] Loeber, R., & Farrington, D.,  (2014). Age-crime curve. In: Encyclopedia of

Criminology and Criminal Justice. New York: Springer, 1 <https://www.researchgate.net/profile/Michael-Rocque/publication/286259570_Age_and_Crime/links/5a81a056a6fdcc098a188142/Age-and-Crime.pdf> [Last seen: 7 December, 2022].

[18] Law Council of Australia, (2020).  Council of Attorneys General – Age of Criminal

Responsibility Working Group Review, Age of Criminal Responsibility Working Group, 11 <https://www.lawcouncil.asn.au/docs/75d8d90e-385c-ea11-9404-005056be13b5/3772%20-%20CAG%20Review%20of%20age%20of%20criminal%20responsibility.pdf> [Last seen: 7 December, 2022].

[19] Justice for Children Briefing No. 4 , Penal reform international, The minimum age of criminal responsibility, 2, <https://www.penalreform.org/resource/justice-children-briefing-no4-minimum-age-criminal-responsibility/> [Last seen: 7 December, 2022].

[20] Ibid, 2.

[21] Ibid, 2.

[22] Blakemore, S,. & Choudhury, S. (2006). Development of the adolescent brain: implications for executive function and social cognition. Journal of Child

Psychiatry and Psychology. 47-51 <https://www.researchgate.net/publication/26650410_The_Development_of_Adolescent_Social_Cognition> [Last seen: 7 December, 2022].

[23] Law Council of Australia, (2020).  Council of Attorneys General – Age of Criminal

Responsibility Working Group Review, Age of Criminal Responsibility Working Group, 11 <https://www.lawcouncil.asn.au/docs/75d8d90e-385c-ea11-9404-005056be13b5/3772%20-%20CAG%20Review%20of%20age%20of%20criminal%20responsibility.pdf> [Last seen: 7 December, 2022].

[24] Law Council of Australia, (2020).  Council of Attorneys General – Age of Criminal

Responsibility Working Group Review, Age of Criminal Responsibility Working Group, 12 <https://www.lawcouncil.asn.au/docs/75d8d90e-385c-ea11-9404-005056be13b5/3772%20-%20CAG%20Review%20of%20age%20of%20criminal%20responsibility.pdf> [Last seen: 7 December, 2022].

[25] Ibid.

[26] Ibid.

[27] Unicef, Juvenile Justice, Innocenti digest, 4 <https://www.unicef-irc.org/publications/pdf/digest3e.pdf> [Last seen: 7 December, 2022].

[28] Kiladze, S., Turava, P., (2021). Guidance Commentary on the Code of Child Rights. Tbilisi: Publishing House "World of Lawyers,"50.

[29] Law of Georgia Juvenile Justice Code (2016). The scope and application of the Code of Juvenile Justice is analogous to the law. Article 2. Legislative Gazette of Georgia.<https://matsne.gov.ge/ka/document/view/2877281?publication=21> [Last seen: 7 December, 2022].

[30] Law of Georgia Juvenile Justice Code (2016). The scope and application of the Code of Juvenile Justice is analogous to the law. Article 2. Legislative Gazette of Georgia.<https://matsne.gov.ge/ka/document/view/2877281?publication=21> [Last seen: 7 December, 2022].

[31] Law of Georgia, Child Rights Code (2019). Definition of Terms Used in the Code. Article 3. Legislative Gazette of Georgia.<https://matsne.gov.ge/ka/document/view/4613854?publication=2>  [Last seen: 7 December, 2022].

[32] Meishvili, Z. & Zorbenadze, O. (2006). Commentary on the Criminal Procedure Code of Georgia, as of December 31, 2006, according to the Criminal Procedure Code of Georgia, Article 44, Parts 37 and 38, 126 <http://www.library.court.ge/upload/criminal_procedure.pdf> [Last seen: 7 December, 2022].

[33] Bokhashvili, I., & Beridze, M., (2009). Juvenile Justice Issues, Law Journal, 2, 35; A person who has committed any of the crimes provided for in Articles 108, 109, 117, 137, 178 (except the first part), 179 and 238 1 of the Criminal Code of Georgia (Article 44, 38 of the Criminal Code of Georgia part).

[34]  Resolution of the Government of Georgia No. 681 of December 31, 2019, on the approval of the rule for the referral of minors, <https://matsne.gov.ge/ka/document/view/4765155?publication=0> [Last seen: 7 December, 2022].

[35] Order No. 52-g of the Prosecutor General of Georgia of May 6, 2020 "On Approval of the Action Instructions of the Prosecutor's Office of Georgia in Referral Procedures for Minors with Difficult Behavior", Action Instructions of the Prosecutor's Office of Georgia in Referral Procedures for Minors with Difficult Behavior, General Provisions, Article 1, Part Two

[36] General Prosecutor's Office of Georgia, (2021). Juvenile Justice - Annual Report - 2021, 35  <https://pog.gov.ge/uploads/cc0023c6-2021-wlis-angarishi-arasrulwlovanTa-marTlmsajuleba.pdf > [Last seen: 7 December, 2022].

[37] As of December 31, 2021, 34 minors under the age of 14 who were in conflict with the law were redirected by the prosecutor's office to the referral center of the Prevention Center, the National Agency for the Execution of Non-custodial Sentences and Probation - see General Prosecutor's Office of Georgia, (2021). Juvenile Justice - Annual Report - 2021, 35  <https://pog.gov.ge/uploads/cc0023c6-2021-wlis-angarishi-arasrulwlovanTa-marTlmsajuleba.pdf > [Last seen: 7 December, 2022].

[38] Resolution of the Government of Georgia No. 681 of December 31, 2019, on the approval of the rule for the referral of minors, <https://matsne.gov.ge/ka/document/view/4765155?publication=0> [Last seen: 7 December, 2022].

[39] Resolution of the Government of Georgia No. 681 of December 31, 2019, on the approval of the rule for the referral of minors, <https://matsne.gov.ge/ka/document/view/4765155?publication=0> [Last seen: 7 December, 2022].

[40] United Nations Committee on the Rights of the Child, General Comment No.2007, para 32. <https://www.refworld.org/docid/4670fca12.html> [Last seen: 7 December, 2022].

[41] 20 November 1989 Convention on the Rights of the Child <https://matsne.gov.ge/ka/document/view/1399901?publication=0> [Last seen: 7 December, 2022].

[42] United Nations Standard Minimum Rules for the Administration of Juvenile Justice ("Beijing Rules") <https://www.supremecourt.ge/files/upload-file/pdf/arasrw.martl4.pdf> Last seen: 7 December, 2022].

[43]  Justice for Children Briefing No. 4 , Penal reform international, The minimum age of criminal responsibility, 1, <https://www.penalreform.org/resource/justice-children-briefing-no4-minimum-age-criminal-responsibility/>  [Last seen: 7 December, 2022].

[44] Hamilton, Q. (2011). Juvenile Justice Legislative Reform Guidelines. Department of Child Protection, 29

[45] Ibid. 30.

[46] Ibid.  29.

[47] Ibid.  29.

[48] United Nations Committee on the Rights of the Child, General Comment No. 2007, para 30. <https://www2.ohchr.org/english/bodies/crc/docs/CRC.C.GC.10.pdf> [Last seen: 7 December, 2022].

[49] Hamilton, Q. (2011). Juvenile Justice Legislative Reform Guidelines. Department of Child Protection, 30

[50] The royal society, December 2011, Brain waves, module 4: Neuroscience and the law,  24 <https://royalsociety.org/~/media/royal_society_content/policy/projects/brain-waves/brain-waves-4.pdf> [Last seen: 7 December, 2022].

[51] Davis, C., (2022). Law and Bills Digest. The minimum age of criminal responsibility in Australia: a quick guide <https://www.aph.gov.au/About_Parliament/Parliamentary_Departments/Parliamentary_Library/pubs/rp/rp2122/Quick_Guides/MinimumAgeCriminalResponsibility> [Last seen: 7 December, 2022].

[52] Children (Criminal Proceedings) Act 1987 - As at 11 November 2021 - Act 55 of 1987. <http://www.austlii.edu.au/cgi-bin/viewdb/au/legis/nsw/consol_act/cpa1987261/>  [Last seen: 7 December, 2022].

[53] RP v. The Queen [2016] HCA 53 (21 December 2016).  8 <http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/HCA/2016/53.html#fn3> [Last seen: 7 December, 2022].

[54] RP v. The Queen [2016] HCA 53 (21 December 2016). 10  <http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/HCA/2016/53.html#fn3> [Last seen: 7 December, 2022].

[55] Davis, C., (2022). Law and Bills Digest. The minimum age of criminal responsibility in Australia: a quick guide <https://www.aph.gov.au/About_Parliament/Parliamentary_Departments/Parliamentary_Library/pubs/rp/rp2122/Quick_Guides/MinimumAgeCriminalResponsibility> [Last seen: 7 December, 2022].

[56] United Nations A/HRC/47/8 General Assembly, 21 June–9 July 2021, Report of the Working Group on the Universal Periodic Review, Australia <https://documents-dds-ny.un.org/doc/UNDOC/GEN/G21/070/43/PDF/G2107043.pdf?OpenElement> Davis, C., (2022). Law and Bills Digest. The minimum age of criminal responsibility in Australia: a quick guide <https://www.aph.gov.au/About_Parliament/Parliamentary_Departments/Parliamentary_Library/pubs/rp/rp2122/Quick_Guides/MinimumAgeCriminalResponsibility> [Last seen: 7 December, 2022].

[57] Australian Human Rights Commission (AHRC), Australia’s third UPR | 2021, The Minimum Age of Criminal Responsibility. <https://humanrights.gov.au/sites/default/files/2020-10/australias_minimum_age_of_criminal_responsibility_-_australias_third_upr_2021.pdf>  Davis, C., (2022). Law and Bills Digest. The minimum age of criminal responsibility in Australia: a quick guide <https://www.aph.gov.au/About_Parliament/Parliamentary_Departments/Parliamentary_Library/pubs/rp/rp2122/Quick_Guides/MinimumAgeCriminalResponsibility> [Last seen: 7 December, 2022].