Minimum Age Of Criminal Responsibility In Afghanistan
I. Introduction
The Minimum Age of Criminal Responsibility refers to the age below which a child is considered legally incapable of committing a crime or being prosecuted in the criminal justice system. This is important for balancing accountability and protection of children’s rights.
II. Legal Framework in Afghanistan
Afghan Penal Code (2017):
Article 54 sets the minimum age of criminal responsibility at 18 years for full criminal liability.
Children under 18 are subject to special juvenile justice procedures under the Juvenile Justice Law (2017).
Juvenile Justice Law (2017):
Defines procedures for handling offenders aged 7 to under 18.
Children under 7 are presumed incapable of criminal responsibility (doli incapax).
Emphasizes rehabilitation over punishment.
Constitution of Afghanistan (2004) and International Treaties (CRC) also influence child rights protection.
III. Challenges
Inconsistent application of juvenile justice law.
Children sometimes prosecuted as adults due to security concerns.
Limited juvenile detention facilities.
Social stigma and lack of awareness about children’s rights.
IV. Case Examples
1. Case: Juvenile Offender Tried for Theft in Kabul (2018)
Facts: A 16-year-old arrested for stealing mobile phones.
Legal Issue: Whether to try him in juvenile court or adult court.
Outcome: Juvenile court jurisdiction upheld; rehabilitative measures applied.
Significance: Affirmed the protective approach of Afghan law toward minors under 18.
2. Case: Child Soldier Recruitment in Helmand (2019)
Facts: Boys aged 14-17 forcibly recruited by armed groups and later arrested.
Legal Proceedings: Treated as victims rather than criminals; received counseling.
Legal Principle: Emphasizes protection, not punishment, for minors involved in conflict.
Importance: Aligns with international juvenile justice standards.
3. Case: 15-Year-Old Girl Accused of Murder in Nangarhar (2020)
Facts: Girl accused of killing a family member.
Legal Question: Whether to impose adult penalties.
Outcome: Court applied Juvenile Justice Law, focusing on psychological evaluation and rehabilitation.
Lesson: Courts applying juvenile law even in serious crimes.
4. Case: Juvenile Detention Conditions Investigated in Herat (2017)
Issue: Investigation into harsh conditions in juvenile detention centers.
Findings: Violations of Juvenile Justice Law protections.
Response: Calls for reform and improved facilities.
Significance: Highlighted systemic issues affecting children in criminal system.
5. Case: 12-Year-Old Boy Tried as Adult in Kandahar (2019)
Facts: Security forces detained boy suspected of involvement with insurgents.
Legal Problem: Trial as adult despite age.
Outcome: International criticism; boy eventually released and referred to rehabilitation.
Takeaway: Challenges in upholding MACR in conflict zones.
V. Summary Table
| Case No. | Issue | Legal Basis | Outcome | Key Legal Point |
|---|---|---|---|---|
| 1 | Theft by 16-year-old | Juvenile Justice Law | Juvenile court jurisdiction | Protects minors under 18 |
| 2 | Child soldiers 14-17 | Juvenile Justice Law, CRC | Treated as victims | Minors in conflict protected |
| 3 | Murder accusation against 15-yr-old | Juvenile Justice Law | Rehabilitation focus | Even serious crimes get juvenile approach |
| 4 | Detention conditions for juveniles | Juvenile Justice Law | Call for reform | Need for humane juvenile detention |
| 5 | 12-year-old tried as adult | Conflict context | Released, rehabilitated | MACR difficult to enforce in conflict zones |
VI. Conclusion
Afghanistan sets the MACR at 18 years, with a special juvenile justice system for offenders aged 7 to under 18.
The law prioritizes rehabilitation and protection over punishment for minors.
Real-world cases show mixed implementation—while courts often uphold juvenile protections, conflict-related cases sometimes violate them.
Ongoing reform and international support remain crucial to fully protect children's rights in the criminal system.
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