Article 486 of the Dutch Code of Criminal Procedure (Wetboek van Strafvordering, Sv) sets the minimum age of criminal responsibility. No one can be prosecuted for an act committed before reaching the age of 12. The child’s age on the day of the act is decisive, not the age when the act comes to light.
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What does Article 486 mean in practice?
A child under 12 cannot be summoned, cannot receive a penal order (strafbeschikking) and cannot be sentenced by a court. From age 12, juvenile criminal law applies (Article 77a Criminal Code).
What can the police still do?
Article 487 Sv gives the police limited powers when there is a reasonable suspicion that a child under 12 committed an offence. They may:
- stop the child and ask for identification;
- seize objects;
- question the child;
- hold the child for investigation for up to six hours, if the offence is one for which pre-trial detention is allowed.
If the child is held, the assistant public prosecutor (hulpofficier van justitie) must notify a certified youth care institution under the Youth Act (Jeugdwet). A complaint, for example about a seizure, is filed by the child’s legal representative.
What happens instead of prosecution?
The focus is on care and protection. Youth care can be arranged, and in serious situations the Child Protection Board (Raad voor de Kinderbescherming) can investigate.
Frequently asked questions
Who pays for damage caused by a child under 12?
Civil law still applies. Under Article 6:169 Dutch Civil Code, parents are generally liable for damage caused by a child under 14.
What if a 13-year-old was also involved?
The 13-year-old can be prosecuted under juvenile law before the juvenile judge.
Related terms
- Article 77a Dutch Criminal Code (juvenile criminal law)
- Article 495 Code of Criminal Procedure (juvenile court)
- Police custody
- Tort
For help with a case involving a young child, see our criminal lawyer page. Want to know what this means for your situation? Book a free introductory meeting.
