Guidance on Handling Cases Involving Offenders Under 14 Years of Age

Individuals under 14 years of age, although they have committed a crime, cannot be criminally prosecuted because they are not old enough to bear criminal responsibility. Therefore, for individuals under 14 who commit a crime, only administrative measures can be applied according to Article 90, Article 92 of the Law on Handling of Administrative Violations 2012.

To be specific, individuals from 12 years of age to under 14 years of age who commit acts with signs of a very serious crime committed intentionally as stipulated in the Penal Code 2015 shall be subject to educational measures at the commune, ward, or commune-level town.

Individuals from 12 years of age to under 14 years of age who commit acts with signs of an especially serious crime committed intentionally as stipulated in the Penal Code 2015 shall be subject to measures involving placement in reformatory schools.

In cases where individuals under 12 years of age commit crimes or where individuals from 12 years of age to under 14 years of age commit serious or less serious crimes, they currently cannot be criminally prosecuted or subject to administrative handling measures, and can only be educated and corrected within the family to help them recognize their wrongdoings.

Additionally, pursuant to Clause 2, Article 586 of the Civil Code 2015, in cases where the acts of individuals under 14 years of age cause damage, the parents must compensate for the entire damage; if the parents' assets are not sufficient for compensation and the child has personal assets, those assets shall be used to compensate for the remaining damage to the aggrieved party in accordance with civil law.

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