Juvenile criminal law

1What is it about?

Juvenile criminal law (Jugendstrafrecht) applies to juveniles (aged 14 to 17) and can be applied to young adults (aged 18 to 20) (§ 1 and § 105 JGG). Children under 14 are not criminally responsible (§ 19 StGB). The central aim is not retribution but education and the prevention of further offences.

Instead of penalties in the sense of adult criminal law, educational measures, disciplinary measures such as a warning, conditions or juvenile detention and, as a last resort, a juvenile sentence come into consideration (§§ 9 ff. JGG). The Juvenile Court Assistance service (Jugendgerichtshilfe) participates in the proceedings.

2Typical case scenarios

• Theft, damage to property, bodily harm or insult among juveniles.
• Offences on the internet, such as threats, dissemination of images or fraud.
• Drug offences within a circle of friends.
• Allegations of serious offences, where pre-trial detention or a juvenile sentence is in prospect.
• Young adults where it must be clarified whether juvenile or adult criminal law applies.

3Frequently asked questions

4How the proceedings unfold

1. InvestigationsPolice and public prosecutor’s office, notification of the parents and the Juvenile Court Assistance service.
2. Report of the Juvenile Court Assistance servicePersonal circumstances, development and recommendation.
3. Diversion or indictmentDiscontinuation, directions, conditions or main hearing.
4. Legal consequences and enforcementEducational measures, disciplinary measures, juvenile sentence, in each case with the possibility of probation.

5What requires particular attention

• Juveniles should not make any statement without a defence lawyer, even if the police invite parents and children for a conversation.
• Attend appointments with the Juvenile Court Assistance service and prepare for them.
• Social and school-related documents can be exculpatory; collect them.
• Entries in the educational register and the Federal Central Criminal Register are subject to time limits and are relevant to careers.

6How we defend you

We defend juveniles and young adults in an age-appropriate manner and advise the parents from the outset. We examine whether discontinuation, diversion or a resolution by directions and conditions is possible, and work closely with the Juvenile Court Assistance service and, where appropriate, counselling services to this end.

In cases involving serious allegations, we prepare the defence with particular care and focus on expediting the proceedings, avoiding detention and the educational principle. For young adults (Heranwachsende), we examine whether juvenile criminal law applies.