Age of criminal responsibility in Austria: why the states want it lowered

Age of criminal responsibility in Austria: why the states want it lowered All nine Austrian states back cutting the age of criminal responsibility from 14 to 12. What the Mellau summit agreed, the statistics and the reform package. Topics: News, Politics, Healthcare.

All nine Austrian state governors unanimously backed lowering the age of criminal responsibility from 14 to 12 years. The decision came at the Landeshauptleute summit (conference of state governors) in Mellau, Vorarlberg, on Friday. The trigger was a series of cases involving repeat young offenders, including a 13-year-old linked to roughly 300 offences by media reports. Beyond criminal law, the states also discussed military service reform, healthcare and the air tax. Here is what was decided, how the law works today and what happens next.

What the nine governors agreed in Mellau

All nine governors endorsed lowering Strafmündigkeit (the age of criminal responsibility) to 12 years and demanded swift talks on a Gesamtpaket (comprehensive package) that pairs the lower age with therapeutic measures. As ORF Vorarlberg reports, the meeting ran under the chairmanship of Vorarlberg governor Markus Wallner (ÖVP) — his half-year in the chair is ending.

A working group will draft the package: experts from the federal and state levels, security services, social work and psychotherapy. The states stress the goal is not prison for children, but earlier state intervention after serious offences.

Whoever crosses boundaries early must be shown those boundaries early.

— Markus Wallner, Governor of Vorarlberg

The 13-year-old case and rising youth crime

The debate was triggered by a 13-year-old whom Austrian media linked to around 300 offences. Prosecuting him is impossible under current law: criminal responsibility in Austria begins only at 14.

Official numbers confirm the scale: according to ORF Niederösterreich, the number of suspects aged 10 to 14 rose by 9.4% last year to 13,179 minors. In Wiener Neustadt, a robbery recently involved a 13-year-old girl.

Lower Austria governor Johanna Mikl-Leitner (ÖVP) argued victims feel no difference between a 13- and a 14-year-old offender: the pain is the same. On Tuesday a security summit in Bregenz focused on repeat offenders — deputy state police director Mario Breuss stressed the issue is not one-off shoplifting but serious crime, as detailed in ORF Vorarlberg’s report.

How the age of criminal responsibility works today

Under § 4 of the Austrian Criminal Code (StGB), persons below 14 years cannot be punished — the exact wording is published in the paragraph on the RIS legal database. Changing that threshold requires a parliamentary majority.

Juveniles from 14 to 17 fall under the Jugendgerichtsgesetz (Juvenile Court Act): educational measures take priority and sentences are reduced. For a deeper look at how Austrian criminal law is structured, see our guide to fraud under the StGB.

Country	Age of responsibility	Special rules
Austria today	14 years	Juvenile Court Act for ages 14–17
Austria (states’ plan)	12 years	combined package with therapy
Switzerland	10 years	prison sentences only from 15
Germany	14 years	JGG, educational priority

Neighbor Switzerland is the clearest comparison: responsibility starts at 10 years there, but prison sentences are only possible from 15. Between the thresholds, courts place minors in closed residential groups. At Platanenhof in the canton of St. Gallen, residents stay a maximum of four months at a cost of roughly €860 per day (per ORF Vorarlberg). Three quarters of them never committed a crime: they are placed by the child and adult protection authority. Mornings follow the school timetable, afternoons go to a carpentry workshop.

The reform package: working group and therapy over prison

The core of the planned Gesamtpaket is intervention rather than punishment: mandatory therapeutic support, social work and legal tools that act before the next offence. Mikl-Leitner framed it as showing boundaries, holding young offenders accountable and preventing further crimes.

Wallner adds a historical argument: the 14-year threshold was set roughly a hundred years ago, and society has changed since. Vorarlberg’s security councillor Markus Klien (FPÖ) went further, proposing to examine psychiatric detention for repeat offenders. The legal framework and funding of the package remain open questions.

The rest of the agenda: army, healthcare and the air tax

Wehrdienst (military service) reform requires a two-thirds majority in parliament that is still not in sight. The governors called on parliament to decide quickly — unexpectedly backed by Styrian governor Mario Kunasek (FPÖ).

They also discussed a power plant strategy: Wallner wants faster permitting under the UVP-G and EABG laws. A separate block was the Reformpartnerschaft, a reallocation of competencies between federation and states. On Gesundheitsreform (healthcare reform) the states aligned positions — we covered the backdrop in our piece on Stocker’s guarantees.

Finally, the Flugabgabe (air tax): all nine states want it cut, most want it scrapped entirely. Tyrol governor Anton Mattle insists on full abolition for competitiveness. The federation is open to talks but warns of lost revenue; Wallner proposes discussing the states’ share in the next Finanzausgleich (fiscal equalisation).

Frequently Asked Questions

At what age does criminal responsibility begin in Austria?

Currently at 14 years under § 4 StGB. Nine states demand lowering the threshold to 12, but that remains a political demand, not law.

Has the age already been lowered?

No. Agreement among the nine governors is the first step. A bill and a parliamentary vote are still required, and no timeline for the package has been announced.

What happens to 12- and 13-year-old offenders now?

Criminal punishment does not apply to them. Kinder- und Jugendhilfe (child and youth welfare) services, social programmes and therapy take over. From 14, the Juvenile Court Act applies.

When could the reform package take effect?

There is no timeline: the working group is only being formed. Changes to § 4 StGB and the Juvenile Court Act would then follow the ordinary legislative process.

What to watch next

At the turn of the year the chairmanship of the governors’ conference passes to Vienna, and the Strafmündigkeit package stays on the agenda. For readers, three things to track:

• the working group report on the reform package;
• changes to § 4 StGB and the Juvenile Court Act in parliament;
• the military reform, which needs 2/3 of votes.

For an example of how fast parliament can move, see the recent fuel price cap law. Subscribe to our newsletter to catch the moment the lower age of criminal responsibility becomes a bill.