Frequently asked questions about German criminal law
Juvenile criminal law provides special rules for offences committed by juveniles and young adults. It takes account of their personal development and places particular emphasis on education.
Who is covered by juvenile criminal law?
As a rule, the relevant age is the person’s age at the time of the offence. Three groups are distinguished:
- Children under 14: They are below the age of criminal responsibility and cannot be punished for a criminal offence.
- Juveniles aged 14 to 17: They are criminally responsible if, at the time of the offence, their moral and intellectual development was sufficiently mature for them to understand that their conduct was wrong and to act on that understanding (Section 3 of the German Youth Courts Act, JGG).
- Young adults aged 18 to 20: As regards the legal consequences of an offence, the rules of general criminal law apply in principle. However, juvenile criminal law must be applied if an overall assessment of their personality, taking their social environment into account, shows that their development at the time of the offence was still equivalent to that of a juvenile. The same applies if the nature, circumstances or motives of the offence make it a juvenile-type offence (Section 105 JGG). Certain procedural provisions of the Youth Courts Act apply in proceedings against young adults regardless of this question (Section 109 JGG).
A juvenile-type offence may, for example, be characterised by youthful recklessness, showing off, thoughtlessness or social immaturity. Whether juvenile criminal law applies must be assessed in the individual case.
Education and responsibility
General criminal legislation determines which conduct is a criminal offence. The main differences concern the legal consequences. Compared with general criminal law, juvenile criminal law places a strong emphasis on education.
Sanctions fall into three categories: educational measures, disciplinary measures and juvenile sentences. Educational measures pursue educational aims. Disciplinary measures respond to the offence and are intended to make the convicted person aware that they must take responsibility for the wrong committed. A juvenile sentence is the only punishment in the strict legal sense.
What measures and sentences are possible?
Educational and disciplinary measures
- Educational measures: These include instructions such as performing work, receiving support from a designated supervisor or taking up vocational training or employment. For juveniles aged 14 to 17, the court may also require them to receive educational assistance.
- Disciplinary measures: These include warnings, obligations such as making reparation or performing work, and short-term juvenile detention (Jugendarrest).
If instructions or obligations are culpably breached, juvenile detention may be ordered subject to the statutory requirements. For a breach of instructions, this requires in particular a prior warning about the consequences (Section 11 (3) JGG).
Short-term juvenile detention
Juvenile detention (Jugendarrest) can take three forms:
- Leisure-time detention: This covers one or two periods of weekly leisure time.
- Short detention: Subject to the statutory requirements, this is served continuously instead of leisure-time detention.
- Continuous detention: This lasts at least one week and no more than four weeks.
A juvenile sentence
A juvenile sentence (Jugendstrafe) involves deprivation of liberty and is the most severe sanction. Its permissible duration depends on the person’s age and the offence:
- For juveniles: The minimum is six months and the maximum is generally five years. For serious crimes carrying a maximum prison sentence of more than ten years under general criminal law, the maximum juvenile sentence is ten years (Section 18 JGG).
- For young adults to whom juvenile criminal law applies: The maximum is ten years. Only for murder may it be 15 years, where ten years would be insufficient because of the particular gravity of the offender’s culpability (Section 105 (3) JGG).
What role do parents have?
In proceedings against juveniles aged 14 to 17, parents or guardians with parental responsibility and legal representatives have a special position. In principle, they have the right to be heard and to ask questions in the same way as the accused. Further rights of participation and the statutory exceptions are governed by Section 67 JGG.
What does the juvenile court assistance service do?
Another special feature is the involvement of the juvenile court assistance service (Jugendgerichtshilfe), whose tasks are performed by the youth welfare offices. It supports the juvenile or young adult during the proceedings and contributes in particular educational and social perspectives (Section 38 JGG).
Before the trial, the service usually holds personal discussions with the accused. It gathers information about their background and current circumstances and reports on these matters in the proceedings.
The juvenile court assistance service does not replace the defence. Information given in these discussions may be included in reports and used in the further proceedings. The approach should therefore be agreed with defence counsel before any such meeting.
Your contact: Laura Todde, Lawyer
For questions about juvenile criminal law, Laura Todde, Lawyer, is your contact at our firm. You can get in touch through her profile and the firm’s contact details provided there.