Juvenile Criminal Law
Juvenile Criminal Law
Criminal Defense Lawyer Munich
Attorney for Criminal Law Munich
Juvenile criminal law is a special legal area for young people between 14 and 18 years of age. It can also be applied to those over 18 and up to 21 years of age. Different rules apply in juvenile criminal law than in normal criminal law, particularly with regard to the consequences of the crime. The focus is on the so-called educational idea. A juvenile judge has much more scope here than with an adult. He can admonish the young person, order them to do community service, oblige them to find a job, deprive them of their free time for a short or long period of time, and much more.
The proceedings before a juvenile court also follow different customs. As a rule, the young person is expected to speak out in front of the judge and show remorse. Whether this is the right approach needs to be carefully considered in each individual case. This concerns the question of guilt or innocence, but also any entries in the educational register or certificate of good conduct or, in the case of drug offenses, the acquisition of a driver’s license.
There is no standard procedure in juvenile criminal law. The judiciary has a great deal of discretion. A good lawyer in juvenile criminal matters therefore has a lot of experience and the willingness to fight hard for his client’s interests in juvenile criminal law when necessary.
Juvenile criminal law
Why should I hire a criminal defense attorney from your firm in juvenile criminal law?
A defense in juvenile criminal law requires that the defense attorney is familiar with the specific subject matter. The rules of juvenile criminal law differ considerably from those of adult criminal law. There are also different rules within juvenile criminal law, depending on whether the young person is between 14 and 18 or between 18 and 21 years old. Specialist criminal lawyers are also required to complete annual training in the field of criminal law, so that we are of course always up to date with the latest legal developments in the area of juvenile criminal law.
As lawyers who work exclusively in the field of criminal law, we have had the opportunity to support juvenile offenders for many years, whether during investigations, before local or regional courts, in custody or in the execution of sentences. In this way, we have managed to ensure that in numerous cases without charges being brought, prosecution was waived, or that an acquittal was made after charges were brought, or that the proceedings were discontinued due to the triviality of the offense. But even in cases of more serious charges, we have just about helped clients to get a suspended sentence, or even in cases of rape, we have managed to ensure that the client only had to write a letter of apology or attend three appointments with the Brücke e.V. association.
Based on our many years of experience, we know that caring for such young people requires particular sensitivity and a special feeling for their needs, which we are happy to offer our clients.
Who does juvenile criminal law apply to?
Juvenile criminal law applies when crimes are committed by young people between the ages of 14 and under 18.
Juvenile criminal law can be applied to people who are between 18 and under 21 years old, so-called “adolescents“, if their moral and intellectual development is still equivalent to that of a juvenile or if the offense is a juvenile offense (Section 105, Paragraph 1 of the Juvenile Justice Act).
In the majority of cases, juvenile criminal law also applies to such adolescents.
When defending young people, particular attention must be paid to working towards the applicability of juvenile criminal law, as the application of juvenile criminal law is significantly less strict than the application of adult criminal law.
Can a person under the age of 12 or 13 also be prosecuted for a crime?
No. As a person under 14 years of age, you are not criminally responsible, § 19 of the Criminal Code. This means that the child cannot be charged or convicted of a crime.
Nevertheless, a range of measures are possible on the part of the family court, such as raising the child in a day group or full-time care in another family, or even placement in a home or a closed facility (§§ 28 ff. SGB VIII). A placement that involves deprivation of liberty may only be ordered if this is necessary to prevent a significant risk to the child’s self or others.
What do I have to do if I have received a summons from the police?
At this point at the latest, a criminal defense attorney should be called in, preferably a criminal law specialist who has completed the necessary training and has a large number of cases in the area of criminal law.
In any case, the young person should not make any statements to the police and should ideally have the appointment cancelled by the criminal defence lawyer. Otherwise there is a risk that he or she will (unknowingly) make incriminating statements that can hardly be remedied in the criminal proceedings.
Should I make statements to the police if my home is searched?
Under no circumstances should any information on the matter be given to the police without first consulting a criminal defense attorney. The reason for this is that there is otherwise a risk that incriminating information will be given that can hardly be refuted in the proceedings. The PIN of electronic devices such as cell phones and laptops should also not be given to the police.
What sanctions am I facing?
In juvenile criminal law, the focus is on educating young people, not so much on punishment, which is why there are different sanctions than in adult criminal law. Which educational measure is imposed depends in particular on the seriousness of the crime (e.g. physical injury is worse than an insult), whether the young person has a previous conviction, whether he confesses and shows remorse, and much more.
In the case of minor crimes, it is possible to refrain from prosecution – both before charges are brought and after charges are brought, by discontinuing the proceedings without imposing sanctions. We have already succeeded in doing this several times in cases of repeated sexual abuse of children.
The following sanctions exist in juvenile criminal law:
A distinction must be made between “educational measures”, so-called “disciplinary measures” and “juvenile punishment”.
1. Educational measures
Educational measures include instructions in particular. Instructions are commands and prohibitions that regulate the young person’s lifestyle and are intended to promote and secure his education.
These include, for example:
- living with a family or in a home,
- taking up a training position or job,
- performing work (“community service”),
- being placed under the supervision of a care assistant,
- trying to reach a settlement with the injured party (offender-victim settlement),
- taking part in traffic training.
2. Disciplinary measures
So-called disciplinary measures include warnings, conditions and youth detention.
When a young person is warned, a judge reprimands them and warns them of the consequences of further crimes. This is the mildest measure.
The following conditions can be imposed:
- Reparation for the damage,
- Personal apology to the injured party,
- Provision of work (“community service”),
- Payment of a sum of money to a charitable organization.
If a youth detention is imposed, the young person is placed in a closed facility for a certain period of time. This can be a leisure detention lasting one or two weekends. The longest possible detention is four weeks at a time.
3. Youth sentence
In rare cases, a youth sentence can be imposed for more serious crimes (§§ 17 ff. JGG).
If the youth sentence is not suspended, the young person must be imprisoned.
Suspended sentence is only considered if a prison sentence of up to two years is on the cards and a positive social prognosis can be made (Section 21 JGG). This means that the court must be convinced that the young person will lead an “honest life” in the future even without the influence of the prison system.
The suspended sentence can be revoked if the young person commits a crime during the probation period or violates instructions or conditions.
In juvenile criminal law, in contrast to adult criminal law, there is also the possibility of preliminary probation (Section 57 JGG) or a guilty verdict (Section 27 JGG), the effects of which can be explained during initial consultation.
The youth sentence is at least 6 months and may not normally exceed 10 years. Only in the case of murder by an adolescent (between 18 and 21 years of age) is the maximum sentence 15 years (Section 105, Paragraph 3, Sentence 2 of the Juvenile Justice Act).
Do I have to serve a full prison sentence?
It is possible to be released from prison before the end of the sentence, so that the rest of the sentence is suspended (§ 88 JGG). Depending on the severity of the crime and the behavior and development in custody, release is possible after 6 months at the earliest, although this can be shortened if there are particularly important reasons.
In the case of a youth sentence of more than one year, release is only permitted if the convicted person has served at least a third of the sentence. In practice, the earliest possible release date for first-time offenders is usually set at 7/12 of the youth sentence. In the other cases, it is regularly checked whether release after 2/3 of the sentence is possible.
What is the youth court assistance?
The youth court assistance is a department that is part of the youth welfare office (§ 38 JGG). It has numerous tasks in juvenile criminal proceedings.
The youth court assistance becomes active at the moment when a police report about a suspected crime against a young person is received by the youth welfare office, i.e. an investigation has been initiated. The young person can be looked after until the sentence has been served.
A representative of the youth court assistance is regularly present at the main hearing and, after the evidence has been taken, makes a suggestion as to what punishment the young person should receive.
Should I go to the meeting with the youth court assistance?
As a rule, the young person receives an invitation to a meeting with the youth court assistance during the investigation process. In this interview, the youth court assistance will try to talk to the young person about the crime he or she is accused of and ask him or her about his or her development and personal circumstances (i.e. school education, leisure activities, etc.).
In this respect, it must be taken into account that the youth court assistance is not subject to confidentiality and has no right to refuse to give evidence. It is therefore important to carefully consider with a criminal defense lawyer whether such an invitation from the youth court assistance should be accepted and, if so, what information should be provided and whether or not this should be done in the company of the criminal defense lawyer.
Do the criminal offenses of a minor appear in the educational register or even in the certificate of good conduct? When are the entries deleted?
The education register is maintained by the Federal Central Register. It contains all criminal law proceedings that are accusable under the Juvenile Justice Act and fall below the level of juvenile punishment (§§ 60 to 64 BZRG), i.e. educational measures, disciplinary measures, but also the waiver of criminal prosecution or the discontinuance of proceedings.
Entries in the education register may only be communicated to the following authorities on an ad hoc basis:
- Criminal courts and public prosecutors,
- Prison authorities,
- Guardianship courts and family courts,
- Youth welfare offices.
Entries in the education register are removed on the young person’s 24th birthday unless a conviction for a prison sentence, penal arrest, youth sentence or a deprivation of liberty measure for reform and security has been entered in the central register.
The young person may describe themselves as having no criminal record despite entries in the education register, unless the crime leads to an entry in the certificate of good conduct.
There are two different types of certificate of good conduct, one for private use and an official certificate of good conduct, which are required for applications. More serious crimes are recorded here, such as a youth sentence. More information is entered in the certificate of good conduct issued by the authorities than in the certificate of good conduct for private use. In this respect, there are numerous rules, exceptions and reverse exceptions as to when a crime should be included in the certificate of good conduct and when it should be deleted. All of this can be clarified in a personal conversation with one of our criminal defense lawyers.
