четверг, 26 января 2017 г.

Offences of those between 15 and 18

You are over the age of criminal liability, but still not legal. What rules apply to you between 15 and 18?

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Offenders from 15 to 18 years
All the general provisions of the Penal Code and the Criminal Procedure Act can be applied to offenders over 15 years. There are, however, certain special rules for young people from 15 to 18 years.

Should not be put in jail
After the Criminal Procedure Act § 174, second paragraph , ref. § 184, second paragraph , persons under 18 are not arrested or detained if it is not particularly necessary.

The police and the court will anyway have to consider whether or not the purpose can be achieved through other measures, such as

stay in residential care or similar.
Conversely, those by the Police Act § 8 taken into the police station, police office or other local used by the police for up to 4 hours.

Also read: Concern Conversation
For serious offenses
When investigations are initiated against children under 18, and the case is not of the de minimis character, the police shall immediately notify child welfare services, cf. Criminal Procedure § 232 a subsection.

The child welfare service
The child welfare service will receive information on properly questioned by youth under 18 years, if there is opportunity to do so. When they asked for it, the services must also be heard before the indictment question is decided. The offense and the matter around it will be a matter for the ones who determine the sentence (prosecutors) and will be prosecuted criminally. Any measures of child welfare services are in addition to any punishment or sanction.

When prosecutors believe that criminal guilt is proven, it may choose from three options:

Firstly it can take decisions on exemption (waiver) ( Criminal Procedure Act § 69 waiver by discretionary). Waiver granted quite often faced with offenders in this age group. Waiver may be granted with or without conditions, for example. condition that it be paid damages to the aggrieved party. Only in exceptional cases given the waiver without conditions.
Second, prosecutors decide that the case be transferred to the offender mediation if the case is suitable for it (cfr. Criminal Procedure § 71a ). In this case, both those who have been 'insulted' and the person charged to confirm that the case is transferred. If a party is under 18, must also his guardian consent.
The personal confrontation gives the offender the opportunity to understand how the victim has experienced violation. The perpetrator gets a chance to take responsibility, apologize and restore the damage directly and concretely against the victim. The victim is allowed to express their feelings in connection with the offense for which he has been exposed, directly to the perpetrator, and will have direct impact on how the matter should be resolved. Experience shows that mediation is particularly valuable in cases of violence where young people are involved.

Prosecutors can continue the same provision also decide to transfer the case to the youth follow in Mediation Service, whose guilt has been proven. Such a transfer requires that the matter is suitable for such treatment and that the accused and guardians his consent.

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The third option for prosecutors is to prosecute the perpetrator. Will it brought charges against an offender between 15 and 18 years and he or she is convicted in court, the whole reaction system is used: young over 15 years can get fines, conditional or unconditional imprisonment or community service. It comes one exception: by Penal Code § 33 can not a person who was under 18 at the time of the crimes, sentenced to imprisonment of 15 years even though the penal provision allows for it.
When the offender is under 18, the court may set the penalty below the minimum prescribed for the type of offense by the Penal Code § 80 letter in .

The court may also impose youth penalty to persons between 15 and 18 years. The matter is in these cases transferred to Mediation Service for monitoring.

Read more about youth center and youth follow in this article .

community service
In cases where one does not wish to judge perpetrators of custodial, the court may decide that the sentence should be settled community, cf. Penal Code § 48 . Persons under 18 can get community service from 30 to 420 hours after the Penal Code § 49 .

Community punishment has proved to be suitable for young offenders who need an immediately noticeable reaction with obvious consequences.

Detention of youth
Children under the age of criminal responsibility (15 years) can not be imprisoned or detained in custody. Young over 15 years, both detained in custody and impose a prison as punishment. If a person between 15 and 18 should be detained in custody, it is required in addition to the general conditions of detention that the measure is particularly important (required), the Criminal Procedure Act § 174 second paragraph and § 184, second paragraph . Likewise says the Penal Code § 33 that whoever was under 18 at time of the crimes, can only be imposed unconditional prison sentence when it is particularly necessary.

Get young zones in Norwegian prisons
There are few young people who serve in Norwegian prisons. Often chosen other solutions an unconditional prison sentence for the youngest offenders. According correctional statistics were pr 30.09.2000 only 0.5% of inmates who were aged 15-17 (14 persons, all men). For the age group 18-20 years, the percentage of 4.8% (171 persons, of which 7 women).

Also read: Under 15 years and done something stupid?
Why is not put young people in jail?
Prison Act § 11 first paragraph provides for the age- the distribution of inmates in different prisons. It will especially avoid that young people come together with experienced criminals. Meanwhile, should the choice of institution take into account the individual's need for contact with home and opportunities for activity and rehabilitation. Some prisons have such an expanded educational program and used a lot of young inmates.

Prisons should pave the way for the damaging effects of atonement is minimized. Prison Regulations do not define "young prisoners" is not specifically defined, but in practice they operate with an upper age limit of 20-21 years.

One should particularly pay attention to the young people who have not previously been 'inserted'.
One should also closely follow the adolescent mental and physical development and make sure that you do what you can to prevent the inmate takes damage during detention stay.
Institution shall, in cooperation with other authorities, sure to pave the way for children and adolescents during and after prison stay.
Young inmates are motivated and stimulated to education, professional training and physical activities.
To get parole from imprisonment must often young offenders have continuation of Probation. In addition, there may be other terms, such as provisions on housing, treatment and whereabouts, training and not being with certain people.

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