YOUTH CRIMINAL LAW
What is juvenile criminal law and when does it apply?
According to Section 1 Paragraph 1 of the Juvenile Courts Act (JGG), the law applies when a juvenile or young adult commits an offense that is punishable under general criminal law. The JGG does not define its own offenses. Therefore, in criminal proceedings against juveniles and young adults, the question to be clarified is always whether an offense has been committed under the German Criminal Code (StGB), as would be the case for an adult.
Who is subject to juvenile criminal law?
The applicability of the JGG depends primarily on the age at the time of the offense.
Three age categories are relevant here. A child is someone who was under 14 years old at the time of the offense. Children are not criminally responsible and, according to Section 19 of the German Criminal Code (StGB), are not criminally liable.
A juvenile, within the meaning of the JGG, is someone who was 14 but not yet 18 years old at the time of the offense.
A young adult is someone who is 18 but not yet 21 years old at the time of the offense.
According to Section 105 of the Juvenile Courts Act (JGG), a distinction must be made between juvenile criminal law and adult criminal law for young adults. The application of juvenile criminal law requires either the presence of developmental delays or a typical juvenile offense.
What penalties are possible under juvenile criminal law?
The penalties under juvenile criminal law differ significantly from those under adult criminal law.
Unlike adult criminal law, juvenile criminal law focuses not on punishment, but rather on the concept of rehabilitation. The aim is to address any deficiencies in the young person's upbringing.
This focus on rehabilitation leads to the following possible sanctions:
Directives are the mildest form of intervention. These are commands and prohibitions that regulate the young person's conduct and are intended to promote and ensure their upbringing. No unreasonable demands may be placed on the young person's lifestyle.
Instructions include:
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Instructions relating to place of residence
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Instructions to live with a family or in a residential care facility, to accept a job or apprenticeship,
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To perform community service (community hours)
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To participate in social skills training (e.g., anti-aggression training, early intervention for first-time drug users).
If juvenile detention is not yet warranted, the offense must be punished with disciplinary measures pursuant to Section 13 of the Juvenile Courts Act (JGG) if the young person needs to be made acutely aware that they must take responsibility for the wrong they have committed.
Disciplinary measures include:
Warning
Imposition of conditions (restitution, apology, community service, fine)
Juvenile detention
Juvenile imprisonment, similar to imprisonment in adult criminal law, represents the most severe legal consequence.
It may only be imposed if, due to the harmful tendencies of the juvenile that have manifested themselves in the offense, instructions and disciplinary measures are insufficient for their rehabilitation, or if punishment is necessary due to the severity of the offense.
It lasts between six months and five years. In the case of a felony (minimum sentence not less than one year), the maximum term is 10 years. For young adults, the maximum term in the case of a conviction for murder, if the court finds the offense to be particularly heinous, is 15 years.
A juvenile sentence of up to two years may be suspended.
The decisive factor in choosing the sanction is which disciplinary measure is necessary to deter the juvenile from committing further offenses.