CRC/C/GC/24 C. Age and children in conflict with the law The minimum age of criminal responsibility 30. The minimum age of criminal responsibility is the age below which children are considered by law not to have the capacity to infringe the criminal law. Children who commit an offence at an age below that minimum cannot be held responsible in a criminal law process. Children at or above the minimum age at the time of the commission of an offence but younger than 18 years (see paragraph xx below) can be formally charged and subject to juvenile justice procedures. However, these procedures, including the final outcome, must be in full compliance with the principles and provisions of the Convention as elaborated in the present general comment. The Committee reminds states parties that the relevant age is the age at the time of the commission of the offence. 31. It is a fact that even young children do commit offences, but if they do so when below the minimum age of criminal responsibility the operation of law dictates that they cannot be formally charged and held responsible in a criminal law process. For these children special protective measures can be considered on a case-by-case basis by the appropriate civil or administrative authorities. 32. Art. 40 (3) of CRC requires States parties to seek to promote, inter alia, the establishment of a minimum age below which children shall be presumed not to have the capacity to infringe the penal law, but does not mention a specific minimum age in this regard. The Committee understands this provision as an obligation for States parties to set a minimum age of criminal responsibility. The reports submitted by States parties demonstrate a wide range of minimum ages of criminal responsibility, ranging from a very low level of age 7 or 8 to the commendably high level of age 14 or 16. In the light of this wide range of minimum ages for criminal responsibility, the Committee decided in general comment No. 10 (2007) to provide the States parties with clear guidance regarding the minimum age of criminal responsibility. 33. International standards recommend that the minimum age of criminal responsibility shall not be fixed at too low an age level, bearing in mind the facts of emotional, mental and intellectual maturity. In line with this rule, the Committee recommended States parties not to set a minimum age at too low a level and to increase the existing low minimum age to an internationally acceptable level. In the original general comment No. 10 (2007), the Committee had considered 12 years as the absolute minimum age. However, the Committee finds that this age indication is still low. States parties are encouraged to increase their minimum age to at least 14 years of age. At the same time, the Committee commends States parties that have a higher minimum age, for instance 15 or 16 years of age. The Committee recommends that State parties should under no circumstances reduce the minimum age of criminal responsibility, if its current penal law sets the minimum age of criminal responsibility at an age higher than 14 years. 34. States parties should provide detailed information in their reports to the Committee regarding how children below the minimum age of criminal responsibility set in their laws are treated when they are in conflict with the law, and what kind of legal safeguards are in place to ensure that their treatment is as fair and just as that of children at or above the minimum age. 35. The Committee wishes to express its concern about the practice of allowing exceptions to a minimum age of criminal responsibility, which permit the use of a lower minimum age of criminal responsibility in cases where the child, for example, is accused of committing a serious offence or where the child is considered mature enough to be held criminally responsible. The Committee strongly recommends that States parties set a minimum age of criminal responsibility that does not allow, by way of exception, the use of a lower age. 36. If there is no proof of age and it cannot be established that the child is at or above the minimum age of criminal responsibility, the child shall not be held criminally responsible (see also paragraph xx below). 9