Juvenile criminal law is defined as follows. Juvenile criminal law is considered to be a branch of criminal procedure that specifically relates to juvenile and adolescent offenders. Juvenile criminal law is a so-called special criminal law, which is only applicable to those offenders who have not yet reached the age of 21 at the time of the executed offense.
In detail, this means that in juvenile criminal law a distinction is made between juveniles, offenders aged 14 to 17, and adolescents, offenders aged 18 to 20. The legal foundation for the application of juvenile criminal law is the Juvenile Courts Act, abbreviated to JGG.
Juvenile criminal law is a special criminal law that applies to juveniles and adolescents who have committed a crime. The exact offenses covered by juvenile criminal law can vary by jurisdiction, but generally include the following offenses:
Assault is a crime in which someone intentionally or negligently causes physical injury to another person. This can be done, for example, by a blow, a shove, a cut or other physical threat.
In Germany, bodily injury is regulated in §§ 223 to 229 of the German Criminal Code (StGB). The penalty for bodily injury depends on the severity of the injury and the prior knowledge or intent of the perpetrator. In serious cases, bodily injury can be punished with a prison sentence of up to five years, while in milder cases a fine or suspended sentence can be imposed.
It is important to note that assault can also be punished as part of a larger crime such as assault or predatory extortion. In these cases, the penalty may be higher than for assault alone.
Another form of bodily injury is negligent bodily injury, where a person causes an injury without intent, but is responsible for it due to careless behavior or negligence. In these cases, the punishment may be lighter, but the victim is still entitled to damages and appropriate compensation.
Theft is a criminal offense in which someone unlawfully takes someone else's property with the intention of permanently appropriating it. Theft is regulated in Sections 242 to 244 of the Criminal Code (StGB) in Germany.
Theft can be committed in a number of ways, including:
It is important to note that theft can also be punished as part of a larger crime such as burglary or predatory extortion. In these cases, the penalty may be higher than for theft alone.
In addition to punishment, the court may also order compensation for the victim or reparations.
Vandalism is a criminal offense in which someone intentionally or negligently causes damage to public or private property. This can happen, for example, by destroying buildings, works of art, vehicles or public facilities.
In Germany, vandalism is regulated in Sections 303 to 305 of the German Criminal Code (StGB). The penalty for vandalism depends on the severity of the damage and the prior knowledge or intent of the perpetrator. In serious cases, vandalism can be punished with a prison sentence of up to five years, while a fine or suspended sentence can be imposed in milder cases.
It is important to note that vandalism can also be punished as part of a larger crime such as arson or property damage. In these cases, the penalty may be higher than for vandalism alone.
In addition to punishment, the court may also order compensation for the victim or restitution to repair or replace the harm. It is important for individuals accused of a crime to contact a juvenile criminal defense attorney to protect their rights and options.
The term "robbery" refers to a criminal offense characterized by the taking or forcible taking of property or possessions against the owner's will. Robbery is a serious crime that carries a severe penalty in most countries, such as imprisonment or a large fine.
In detail, the robbery includes the following elements:
It is important to note that robbery is a criminal offense that can have both physical and psychological effects on the victim. Therefore, people who commit a crime of robbery are usually punished rigorously.
Arson is a crime of intentionally setting a fire that results in damage to property, buildings, or natural areas. It is a serious crime that affects both the perpetrator and the victim.
In detail, arson includes the following elements:
It is important to note that arson leads not only to financial losses, but also to physical injuries and even death of people and animals. In addition, arson can also lead to environmental problems and destruction of natural areas. Therefore, people who commit a crime of arson are usually punished severely.
The offense of violating the Controlled Substances Act refers to actions that violate the laws that regulate the handling of narcotics. These laws determine which narcotics are permitted, how they may be manufactured, distributed, and used, and establish penalties for violations.
Specifically, a narcotics law violation includes the following acts:
Penalties for narcotics law violations can vary depending on the severity of the violation and the laws of each state, but can range from a hefty fine to imprisonment.
A weapons law violation refers to actions that violate the laws that regulate the handling of weapons. These laws determine what types of weapons are allowed, how they may be acquired, possessed, carried, and used, and establish penalties for violations.
In detail, a violation of the Firearms Act includes the following acts:
Penalties for firearms law violations can vary depending on the severity of the violation and the laws of the jurisdiction, but can range from a hefty fine to imprisonment.
A sexual offense is any act that violates the sexual integrity of a person and is committed without the person's consent or against the person's will.
Some examples of sexual offenses include:
It is important to note that these crimes are not only a physical crime, but can also cause emotional and psychological trauma.
In Germany, juveniles and adolescents are only of limited criminal responsibility. Due to the young age of the perpetrators, their acts are therefore classified as "educational misconduct". In such scenarios, the term "age of criminal responsibility" refers to the point in an offender's life at which he or she becomes criminally responsible for acts committed by him or her and can therefore also be prosecuted for them under the law.
Although in Germany one reaches the "conditional age of criminal responsibility" at the age of 14, one is not considered to have reached full criminal responsibility until the age of 18. Before this age, according to the JGG, the offender is not capable of correctly and comprehensively assessing the potential consequences of his actions. Deeds committed by a perpetrator under the age of 14 cannot be punished by law or these persons cannot be punished for them.
Here, too, there are exceptions. For if a perpetrator is over 14 years old or was at the time of the crime and this is not to be assessed as mentally mature enough, this person can also not be punished for their actions. Juveniles with a mental disability or restriction, for example, fall under this criterion.
In summary, this means that juveniles up to the age of 14 are not considered to be of criminal age, juveniles between the ages of 14 and 17 are considered to be of conditional criminal age, and juveniles between the ages of 18 and 21 are considered to be of full criminal age under the JGG. From the age of 21, all offenses fall within the scope of adult criminal law.
The overall objective of juvenile criminal law, since in this area of law it is mainly assumed that the delinquency of juveniles and adolescent offenders is largely due to the upbringing of parents or is a result of it, is to create, by means of appropriate educational measures, a positive prognosis of behavior with regard to conduct within the framework of social norms.
Therefore, depending on the severity of the offense, custodial sentences or fines are not imposed in most cases. Accordingly, the focus of juvenile criminal law is on the education of offenders and the prevention of further offenses through educational sanctions in order to prevent recidivism and the commission of further offenses.
§ 2 Para. 1 JGG states the following in this regard:
"(1) The application of juvenile criminal law is primarily intended to counteract recidivism by a juvenile or adolescent. In order to achieve this objective, the legal consequences and, with due regard for the right of parents to educate their children, the proceedings shall be geared primarily to the idea of education."
In juvenile criminal law, certain special requirements and procedural rules must be followed to ensure that the rights and welfare of the juvenile or child defendant are protected. Here are some important aspects to pay attention to in juvenile criminal proceedings:
In contrast to adult criminal law, juvenile criminal law is clearly special in its focus on educational sanctions. Within the framework of the criminal proceedings in juvenile criminal law, the juvenile court assistance represents a position that places the pedagogical and social views in the foreground with regard to the sentencing. The support of positive development and avoidance of life-destroying measures on the part of the court through punishment are thus in the foreground.
Juvenile court assistance also has special rights in criminal proceedings. These are as follows:
In addition, it is the task of the juvenile court assistance to closely examine the personal environment of the accused as well as his personality with regard to finding a suitable sanction. From these findings of the juvenile court assistance, the punishment, the sanctions, are subsequently derived.
However, the defendant, juvenile, also has the option to waive the participation of the juvenile court assistance in the criminal proceedings. § Section 7 JGG states in this regard:
"The juvenile court and, in pretrial proceedings, juvenile prosecutors may waive compliance with the requirements of paragraph (3) and, at the request of juvenile court assistance, with the requirements of the first sentence of paragraph (4), to the extent justified by the circumstances of the case and consistent with the best interests of the juvenile."
Accordingly, the waiver of the participation and presence of the juvenile court assistance in the criminal proceedings depends on the circumstances and severity of the offense as well as the well-being of the juvenile. It should be noted that the waiver of the participation and attendance of the juvenile court assistance in the trial must be communicated to all parties involved. Here, too, a distinction is made between main proceedings and preliminary proceedings. However, the juvenile court assistance can only be waived in the preliminary proceedings if the proceedings are concluded without the filing of a public action.
The waiver of the presence of the juvenile court assistance in the main proceedings can be communicated orally during the proceedings, no separate request is necessary for this. However, this should be discussed in detail with the defense attorney, a lawyer for juvenile criminal law, beforehand.
As discussed at length above, juvenile criminal law, as compared with adult criminal law, primarily imposes punishments with an educational purpose, such as community service in a social institution, whereas adult criminal law imposes fines or imprisonment.
Another difference between the two criminal law disciplines is the responsible court. For juvenile criminal law, the separate juvenile court is responsible for deciding on the criminal liability of the offender. Main hearings in which judgments are passed on juveniles are also not open to the public in accordance with Section 48 JGG.
Furthermore, the rights of parents and guardians are also taken into account during the juvenile criminal proceedings. They are allowed to be present during the trial and are even given the opportunity by the juvenile court to make statements about the offense, as well as the opportunity to present the defending Lawyer, attorney for juvenile criminal law.
Another serious difference between juvenile and adult criminal law is that the maximum term of imprisonment is 10 years for juveniles and 15 years for adolescents.
One of the further measures of the juvenile court in juvenile criminal law is juvenile detention. In contrast to the warning, the punishment of juvenile detention is significantly more severe, as it can be imposed by the juvenile court in the form of leisure detention, short or even permanent detention.
The juvenile sentence is the most severe punishment to be imposed by the juvenile court, as it means the absolute deprivation of liberty for the juvenile or adolescent. The duration of the juvenile sentence depends on the extent and severity of the offense, but the minimum duration of this deprivation of liberty is six months.
The maximum term of imprisonment to be imposed is five years, provided the offense is not murder, for example, and the juvenile or adolescent is not considered an adult. However, if this is the case, the term of imprisonment may be imposed up to a full 10 years. It should be noted that such a circumstance and such an act would be punishable by up to 15 years' imprisonment under adult criminal law.
Section 106(1) of the JGG states in detail as follows:
"If the general criminal law is applicable because of the offense of an adolescent, the court may impose a term of imprisonment of 10 to 15 years instead of life imprisonment."
However, should it happen that an adolescent is sentenced according to adult criminal law, there is always the possibility for him to reduce the sentence according to § 106 JGG. However, it is up to the professional assessment of the defense attorney, a lawyer for juvenile criminal law, to initiate these measures.
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