Juvenile criminal law - why young people (should) be treated differently

Young offenders - that sounds dramatic to many at first. But anyone who remembers their own youth knows that this phase of life is characterised by emotions, self-discovery and testing boundaries. Whether at their first parties, small tests of courage or heated arguments - many young people sooner or later come into conflict with the rules of society. It is not uncommon for this to end in an offence under criminal law.

The fact that this is not always about criminal energy, but often about inexperience, peer pressure or simply youthful recklessness, is also reflected in the legislation: this is precisely what the Juvenile Courts Act (JGG) - a separate criminal justice system for young people between the ages of 14 and 21.

Especially in a big city like Bremen, where many young people from different social backgrounds come together, the importance of an understanding but consistent juvenile justice system is particularly evident.

1 Why do we need our own juvenile criminal law?

While the Adult criminal law While the criminal justice system is based on guilt compensation, atonement and deterrence, juvenile criminal law takes a different approach: education instead of punishment. The aim is to get young people back on the right track - before they slip into criminal structures in the long term.
After § 2 JGG The aim is to prevent further offences by taking an individual approach to the juvenile's life situation and social environment. This applies not only to young people between the ages of 14 and 18, but also to adolescents between the ages of 18 and 21 under certain circumstances.

2 Who is subject to juvenile criminal law?

According to § 1 JGG, the law applies to two groups:

• Teenagers (14 - 17 years)
• Adolescents (18 - 20 years), where the court examines whether they can still be equated with a young person in terms of their maturity.

For Children under 14 years Juvenile criminal law applies not. If criminal offences are committed here, the Youth welfare office and takes educational measures.

An exciting point: The decisive factor is always the age at the time of the offence, not at the time of the proceedings. This means that if someone commits an offence at the age of 17, juvenile criminal law is still applied even if the person has now reached the age of majority.

3. how do juvenile criminal proceedings work?

The process is clearly Less formal and more designed for accompaniment than with adults. It should be quick, customised - and preferably end without a court case:

Public prosecutor's office and court can discontinue the proceedings, e.g. if measures have already been initiated by the Youth Welfare Office (§ 45, § 47 JGG).

• The Juvenile court assistance is always involved and provides the court with information on personality, family situation and social situation
• The negotiation itself is not public (§ 48 JGG) in order to protect the privacy of the juvenile

Particularly in cities like Bremen, where youth crime and social hotspots are concentrated locally, close co-operation between schools, youth welfare offices and the justice system is essential.

4. what sanctions are provided for under juvenile criminal law?

The JGG distinguishes between:

a) Educational measures (§§ 9 ff. JGG)
For example:

• Participation in a social training course
• Acceptance of an apprenticeship
• Support from an educational counsellor

These measures are intended to Preventive and supportive often in close co-operation with the youth welfare office.

b) Custodial measures (Sections 13 et seq. JGG)
Disciplines are tangible, but not yet a deprivation of liberty:

• Warning
• Conditions, e.g. compensation for damages or social work
• Youth detentionShort-term detention (2 days), recreational detention (at weekends) or long-term detention (up to 4 weeks)

Goal: A „warning shot“ without long-term consequences for school or education.

c) Juvenile sentence (§§ 17 ff. JGG)
The final stage - comparable to the custodial sentence in adult law. It is only imposed if:

• Other measures not sufficient, to positively influence development
• The Guilt particularly heavy (e.g. in the case of violent crime)

The sentence can be suspended on probation - this is also in the spirit of the educational concept.

5. legal remedies and procedures in practice

So that the educational effect not through excessively long procedures fizzles out, sand the legal remedies are limited (§ 55 JGG). There are only one legal remedy - either appeal or revision. The aim is to conclude proceedings quickly and ensure that the sanctions are still perceived as an immediate reaction to the offence.

Conclusion: Why juvenile criminal law is more than just „lenient“

Juvenile criminal law is No cuddling, but a well thought-out system that reacts consistently but educationally. Especially in urban regions such as Bremen, where young people are often particularly challenged by social circumstances, the interaction between the justice system, schools and youth welfare services is crucial for successful resocialisation.

If you need legal support in juvenile criminal law - whether as a young person concerned or as a parent - we will be happy to assist you with our expertise. Simply make an appointment at our offices in Bremen, Sulingen, Osnabrück or online.

FAQs on the topic of juvenile criminal law

1 When does juvenile criminal law apply in Bremen?
Juvenile criminal law applies to young people between the ages of 14 and 17 and, under certain conditions, to adolescents up to the age of 21 - including in Bremen.

2 What penalties do juveniles face for criminal offences?
From educational measures to youth detention and juvenile sentences - different sanctions apply depending on the offence and degree of maturity.

3. are the proceedings against juveniles conducted in public?
No. The main hearing in juvenile criminal proceedings is generally not public in order to ensure the protection of juveniles.

4. can parents be present during the procedure?
Yes, parents or legal representatives are usually allowed to attend the hearing and are often actively involved.

5 What does juvenile court assistance do in Bremen?
It supports the court with social assessments, accompanies the young people during the proceedings and helps with the implementation of measures.