Definition and Legal Classification of Young Adults
The Term Young Adults refers in German law to individuals who have reached the age of 18 but have not yet reached the age of 21. Young adults are therefore in a transitional phase between adolescence and adulthood. Especially in the context of criminal law, social law, and in the education sector, the term holds central legal significance.
Young Adults in German Criminal Law
Definition according to § 1 Sec. 2 JGG
According to § 1 Sec. 2 of the Juvenile Courts Act (JGG), young adults are those persons ‘who were between eighteen and twenty-one years old at the time of the offense.’ The Juvenile Courts Act clearly distinguishes between children (§ 1 Sec. 1 No. 1 JGG, under 14 years), adolescents (14 to under 18 years), and young adults.
Applicability of Juvenile Criminal Law (§ 105 JGG)
Section 105 of the JGG regulates the essential requirements for the application of juvenile criminal law to young adults. Accordingly, the court may decide to apply either general adult criminal law or juvenile criminal law to young adults. The application of juvenile criminal law to young adults requires that either
- the overall assessment of the offender’s personality and the offense reveals that, at the time of the offense, the young adult was equal to an adolescent in terms of moral and intellectual development (§ 105 Sec. 1 No. 1 JGG), or
- the offense is a juvenile transgression, i.e., an act that is typical of adolescents in its nature, circumstances, or motives (§ 105 Sec. 1 No. 2 JGG).
To determine these requirements, the court must carry out a comprehensive assessment of the offender’s personality and the circumstances of the offense.
Consequences for Sentencing
If juvenile criminal law is applied, young adults benefit from milder sanctions as well as educational measures such as corrective and disciplinary measures. Adult criminal law, on the other hand, generally provides for stricter penalties.
Differentiation by Types of Offenses
In cases of serious offenses, particularly capital crimes, the courts often examine whether the offense was committed in a ‘youth-typical’ manner or already shows adult-like behavior. The decision regarding the applicable criminal law thus has significant influence on the sentencing.
Young Adults in Administrative Offense Law
The same age limits that apply in criminal law also generally apply to young adults in administrative offense law. Here as well, the Juvenile Courts Act can sometimes be applied, especially concerning proceedings and the sanctioning of administrative offenses.
Young Adults in Social and Educational Law
Benefit Claims in Social Law
In the area of social benefits, for example, under SGB II (Basic Security for Job Seekers), the term ‘young adults’ is sometimes used interchangeably with adolescents and young adults. Special regulations may apply regarding occupational integration and social participation support.
School, Training, and Youth Protection
The term ‘young adults’ is also significant in the Youth Protection Act (JuSchG). Here, reference is sometimes made to different age groups (such as for access to media or leisure events). The right to vocational training, co-determination, and participation in various areas of society often begins during the phase of being a young adult.
Young Adults in Immigration Law
Young adults also play a role in residence and immigration law. Special protection provisions or discretionary powers may apply to young adults, for example, in matters relating to residence rights, integration, or deportation procedures.
Procedural Issues and Particularities
The Role of Juvenile Courts
In proceedings against young adults, the juvenile court decides whether juvenile criminal law is to be applied. A careful examination of the offender’s personality and maturity is decisive. Experts are often called in to provide assessments.
Criminal Record Entries and Certificate of Good Conduct
Even regarding the question of whether a sentence is entered into the certificate of good conduct, special regulations may apply to young adults if juvenile criminal law is applied. Young adults often benefit here from more lenient rules regarding resocialization.
Legal Comparison: Young Adults in an International Context
Many other legal systems do not have a direct equivalent to the German concept of ‘young adults’ with such differentiated legal consequences. The boundaries between juvenile and general criminal law are often less differentiated in other countries.
Literature and Further Information
- Juvenile Courts Act (JGG)
- Commentary and Case Law on § 105 JGG
- Youth Protection Act (JuSchG)
- Criminal Code (StGB)
- SGB II, SGB VIII
Summary
The term ‘young adults’ occupies a key position in German law, and especially in criminal law, providing a smooth transition between juvenile and adult criminal law. The differentiated structuring of legal consequences allows for individualized sanctions and support during a particularly formative phase of life. Special regulations also exist for this age group in other areas of law, such as social law, educational law, and immigration regulations, highlighting the term’s significant practical and social relevance.
Frequently Asked Questions
In which areas of German law are there special protective provisions for young adults?
German law provides special protections for young adults, particularly in criminal law, youth protection law, and employment law. In criminal law (§§ 105 ff. JGG), young adults (persons aged between 18 and 21) are expressly treated as their own age group, with consideration given to their individual development and maturity. Juvenile criminal law may be applied if the moral and intellectual development of the young adult at the time of the offense corresponds to that of a minor, or if it is a typical juvenile transgression. The Youth Protection Act (JuSchG) usually differentiates between children, adolescents, and young adults, for example, regarding participation in public life, alcohol consumption, or media. In employment law, the Youth Employment Protection Act (JArbSchG) generally only applies up to the completed 18th year, so the general labor law provisions apply to young adults; however, trainees under 21 are often included in special protections. Regulations for young adults, such as child benefit entitlements, also exist in family and social law.
What are the special criminal law provisions for young adults under the Juvenile Courts Act?
For young adults, i.e. persons aged 18 to 20 inclusive, the Juvenile Courts Act (JGG) provides for special treatment. As a rule, young adults are initially subject to adult criminal law, but juvenile criminal law may be applied if the overall assessment of the personality and the act reveals that, at the time of the offense, the young adult was equivalent to an adolescent in terms of moral and intellectual development (developmental delay) or the offense constitutes a typical juvenile delinquency. If juvenile criminal law is applied, milder penalties are possible, such as disciplinary and educational measures instead of regular imprisonment or fines. The courts examine individually whether the educational approach of juvenile criminal law appears appropriate. Another characteristic is the attenuated public principle, which provides for special procedural rules for juvenile and young adult defendants, e.g., exclusion of the public during the hearing to protect the defendant.
How is the term ‘young adult’ treated in the context of youth-endangering media under youth protection law?
In youth protection law, especially the Youth Protection Act (JuSchG), young adults are primarily accounted for through age gradations regarding access to films, games, and other media. Young adults within the legal meaning (18-20 years) are generally subject to no further restrictions, as limitations mainly apply to children and adolescents. On the other hand, the Interstate Treaty on Youth Media Protection (JMStV) stipulates age levels designed primarily to protect persons under 18. Therefore, specific access or distribution bans for young adults in the narrower legal sense typically no longer apply. Nevertheless, media providers may be required to ensure that youth-endangering content does not reach users who are not yet of age.
Which provisions of labor law relate to young adults and what must be considered when employing them?
In terms of labor law, the general labor law regulations usually apply to young adults, since the Youth Employment Protection Act (JArbSchG) no longer applies once the person turns 18. However, certain protective provisions continue to apply to young adults undergoing vocational training, such as special requirements for protection against dismissal during training, probationary periods, compulsory vocational schooling, and rights and obligations arising from the training relationship. Maternity protection and the Working Hours Act also apply in full. In practice, employers are encouraged to consider the remaining inexperience and potentially increased need for protection of young adults, for example, regarding workplace hazards, explanatory discussions, or the working environment.
What is the legal situation regarding the legal capacity of young adults?
Upon reaching the age of 18, young adults in Germany have full legal capacity pursuant to § 2 BGB. Until then, they are either partially or not at all legally competent, depending on age (up to 7 years: not competent; 7-17 years: partially competent). For young adults in the legal sense (18–20 years), there are no special provisions in this regard; they can independently enter into contracts, manage assets, and make legally binding declarations. However, special provisions continue to apply to the conclusion of certain contracts (e.g., apprenticeship, marriage), although these generally do not specifically affect young adults aged between 18 and 21.
Are there special inheritance law provisions for young adults?
Inheritance law does not differentiate between young adults and fully adult individuals. From the moment of reaching legal majority (age 18), full testamentary capacity (§ 2229 BGB) is granted, so young adults from this point can make wills and inherit. Restrictions exist only where the court appoints a guardian or a reservation of consent for certain transactions, depending on the individual’s personal situation. Minors, i.e., those under 18, can only make a limited will and require the consent of their legal representatives.
What impact does the age of the young adult have on family law maintenance claims?
In family law, young adults play a special role within the framework of maintenance law. Adult children who are not yet 21, are still in general school education, and live with their parents or one parent are treated as ‘privileged adult children.’ This affects the ranking for child maintenance claims under § 1609 BGB: like minor children, they occupy the highest priority among maintenance claimants and enjoy special protection. The parents’ obligation to provide support remains in place until the child completes their first vocational qualification or is no longer in school. Special regulations regarding child benefit also exist up to the age of 25, although these are independent of the status as a young adult.
