BOOK FIRST PENAL LAWS

PART I
OF PUNISHMENTS AND GENERAL RULES FOR THEIR APPLICATION, OF THE WILL AND AGE OF
THE OFFENDER, OF ATTEMPTED OFFENCE, OF ACCOMPLICES AND OF RECIDIVISTS

TITLE II
OF THE WILL AND AGE OF THE OFFENDER

35. (1) Minors under nine years of age shall be exempt from criminal responsibility for any act or omission.

(2) Minors under fourteen years of age shall likewise be exempt from criminal responsibility for any act or omission done without mischievous discretion.

(3) Nevertheless, in any of the cases referred to in subarticles (1) and (2), the court may, on the application of the Police, require the parent or other person charged with the upbringing of the minor to appear before it, and, if the fact alleged to have been committed by the minor is proved and is contemplated by the law as an offence, the court may bind over the parent or other person to watch over the conduct of the minor under penalty for non¬compliance of a sum of not less than eleven euro and sixty-five cents (11.65) and not exceeding two hundred and thirty-two euro and ninety-four cents (232.94), regard being had to the means of the person bound over and to the gravity of the fact.

(4) If the fact committed by the minor is contemplated by the law as an offence punishable with a fine (ammenda), the court may, in lieu of applying the provisions of subarticle (3), award the punishment against the parent or other person charged with the upbringing of the minor, if the fact could have been avoided by his diligence.

(5) For the purpose of the application of the provisions of the preceding subarticles of this article, the parent or other person charged with the upbringing of the minor as aforesaid, shall be required to appear, by summons, in accordance with the provisions contained in Book Second of this Code.

BOOK FIRST PENAL LAWS

PART I
OF PUNISHMENTS AND GENERAL RULES FOR THEIR APPLICATION, OF THE WILL AND AGE OF
THE OFFENDER, OF ATTEMPTED OFFENCE, OF ACCOMPLICES AND OF RECIDIVISTS

TITLE II
OF THE WILL AND AGE OF THE OFFENDER

36. Saving the powers of the Minister under the Children and Young Person (Care Orders) Act, minors under the age of fourteen but over nine who, acting with a mischievous discretion, shall commit an offence, shall be liable on conviction to the punishments established for contraventions:
Provided that the court may instead of sentencing the minor to a punishment apply the provisions of article 35(3) or (4):
Provided also that where the court is of the opinion that, when it takes into account the age of the offender, his previous conduct, the gravity of the fact of which he has been convicted and the degree of mischievous discretion shown by the offender as it appears from his conduct by which the offence was committed and from all the other circumstances of the offence, the punishments established for contraventions would not be appropriate, the court may sentence the person convicted to the punishment laid down for the offence decreased by three degrees provided that in no case may the punishment exceed four years imprisonment.

BOOK FIRST PENAL LAWS

PART I
OF PUNISHMENTS AND GENERAL RULES FOR THEIR APPLICATION, OF THE WILL AND AGE OF
THE OFFENDER, OF ATTEMPTED OFFENCE, OF ACCOMPLICES AND OF RECIDIVISTS

TITLE II
OF THE WILL AND AGE OF THE OFFENDER

37. If the offender has attained the age of fourteen but is under the age of eighteen years, the punishment applicable to the offence shall be diminished by one or two degrees.

BOOK FIRST PENAL LAWS

PART I
OF PUNISHMENTS AND GENERAL RULES FOR THEIR APPLICATION, OF THE WILL AND AGE OF
THE OFFENDER, OF ATTEMPTED OFFENCE, OF ACCOMPLICES AND OF RECIDIVISTS

TITLE II
OF THE WILL AND AGE OF THE OFFENDER

39.(2) Deaf-mutes, who at the time of the offence have attained the age of fourteen years and who have acted without a mis-chievous discretion, shall likewise be exempted from punishment:
Provided that the provisions contained in article 35(3), (4) and (5) may be applied to such persons.

BOOK FIRST PENAL LAWS

PART I
OF PUNISHMENTS AND GENERAL RULES FOR THEIR APPLICATION, OF THE WILL AND AGE OF
THE OFFENDER, OF ATTEMPTED OFFENCE, OF ACCOMPLICES AND OF RECIDIVISTS

TITLE II
OF THE WILL AND AGE OF THE OFFENDER

40. The following rules shall be observed in the case of deaf-mutes who have acted with a mischievous discretion:
(a) if at the time of the offence they have attained the age of fourteen but not the age of eighteen years, the provisions contained in articles 36 and 37 shall apply;

(b) if at the time of the offence they have attained the age of eighteen years -
(i) in the case of a crime liable to the punishment of imprisonment for life, they shall be liable to imprisonment for a term not exceeding twenty years;
(ii) in the case of any other crime, they shall be liable to the punishment established by law diminished by one-third;
(iii) in the case of contraventions, they shall be liable to the punishments established for
contraventions.