Term definition: Juveniles and young adults
The term juveniles and young adults is used in German law to differentiate between specific age groups below the age of 21 and to assign specific legal consequences. The precise distinction is particularly relevant in criminal law, youth protection law, as well as family and social law. As the definitions and legal consequences vary depending on the area of law, a comprehensive presentation of the individual age categories and their legal significance is necessary.
1. Definition and age classification
1.1 Juveniles
According to Section 1 (2) of the Juvenile Court Act (JGG), juveniles are persons who have reached the age of 14 but have not yet reached the age of 18. This age group is particularly protected by law and is subject to special regulations that differentiate the scope of actions and responsibilities.
1.2 Young adults
Young adults are, pursuant to Section 1 (2) JGG, young people who, at the time of committing an offense, have reached the age of 18 but have not yet reached the age of 21. This intermediary category is of particular importance in juvenile criminal law, as it is decided on a case-by-case basis whether the juvenile or adult criminal law shall apply.
2. Legal provisions in juvenile and criminal law
2.1 Juvenile Court Act (JGG)
The JGG is the central law governing criminal sanctions for juveniles and young adults. It not only defines the age groups but also regulates the applicable legal consequences.
- Juveniles (14-17 years): Juvenile criminal law must be applied without exception. Criminal responsibility generally begins upon completion of the 14th year.
- Young adults (18-20 years): Here, the court decides whether juvenile criminal law applies due to a lack of maturity or particular circumstances of the offense (Section 105 JGG), or whether adult criminal law is to be applied.
2.2 Criminal responsibility
Criminal responsibility begins with the completion of the 14th year of age (§ 19 StGB, § 1 JGG). Children under 14 years are not criminally responsible and cannot be prosecuted.
2.3 Sanctions and measures
Depending on age, various sanctions are possible, which are based on the educational concept. These include educational measures, disciplinary measures (e.g. warnings, juvenile detention), and juvenile imprisonment.
- Juveniles: Priority for educational measures.
- Young adults: Depending on personal and offense-related maturity, either the application of juvenile criminal law (with the above-mentioned measures) or general criminal law, whereby the development status of the offender is decisive.
3. Public law provisions
3.1 Youth Protection Act (JuSchG)
Das Youth Protection Act regulates protective measures for minors in public and in the media sector.
- Child: up to and including 13 years
- Juvenile: 14 up to and including 17 years
The JuSchG includes, among other things, regulations regarding presence at various venues (restaurants, public dance events, discotheques), tobacco and alcohol consumption, as well as access to movies, computer games, and other media.
3.2 Act on the Protection of Working Youth (JArbSchG)
Das Youth Employment Protection Act establishes special protection provisions for the employment of children and juveniles. In this context, juveniles are persons who are 15 but not yet 18 years old.
4. Civil law aspects
4.1 Capacity to contract
According to the German Civil Code (BGB), the following regulations apply:
- Children under 7 years: Incapable of contracting (§ 104 BGB)
- Minors from 7 to 18 years: Limited capacity to contract (§ 106 BGB)
- Adults from 18 years: Full capacity to contract
Even though young adults are considered an intermediate category under criminal law, they are fully capable of contracting in civil law from their 18th birthday.
4.2 Capacity to consent and tortious capacity
In tort law (liability for damages) and with regard to capacity to consent, the age limits stipulated by the BGB also play a key role. As a rule, juveniles from the age of 14 are capable of being liable in tort (§ 828 (3) BGB).
5. Social and family law
5.1 SGB VIII – Child and Youth Welfare
Child and youth welfare law (SGB VIII) differentiates as follows:
- Children: up to and including 13 years
- Juveniles: 14 up to and including 17 years
- Young adults: 18 up to and including 20 years
The first two groups are entitled primarily to benefits promoting support, upbringing, and protection. For young adults, support and assistance towards independence can be granted up to their 21st birthday, if deemed necessary.
5.2 Maintenance law
In maintenance law, terms like “minor child” or “adult child” are significant, with the status of being an adult (from the age of 18) being key to claims for maintenance.
6. Special features in administrative and regulatory law
6.1 Police and regulatory law
There are also differentiations in police and regulatory law, for example regarding responsibility for administrative offenses (OWiG) or measures such as juvenile detention.
6.2 Driving license regulations
In driving license law, special regulations for juveniles and young adults apply regarding minimum age (e.g. license at 17) or probationary period (2 years from initial issuance).
7. Summary
The terms juveniles und Young adults are central categories in the German legal system, which establish their own areas of regulation and legal consequences in criminal, civil, administrative, and social law. The precise distinction and legal treatment of these age groups serves to appropriately safeguard the need for protection, while also securing the principle of individual responsibility. The respective legal provisions differentiate especially according to age and maturity, in order to do justice to both developmental needs and personal responsibility.
Keywords: juveniles, young adults, juvenile criminal law, Juvenile Court Act, Youth Protection Act, youth welfare, capacity in tort, capacity to contract, criminal responsibility, maintenance law, SGB VIII, minors, legal system Germany.
Frequently asked questions
How are juveniles and young adults treated in criminal law?
German criminal law makes clear distinctions between juveniles (14 to 17 years) and young adults (18 to 20 years). Juveniles are generally subject to the Juvenile Court Act (JGG), which focuses on education and improvement. In the case of young adults, the court examines whether their moral and intellectual development is more akin to that of a juvenile or an adult. If development corresponds to a juvenile or the offense is typical for young people, the court may rule under juvenile criminal law. Otherwise, adult criminal law is applied. Juvenile criminal law provides for milder sanctions such as educational measures, disciplinary measures, or juvenile detention, whereas adult criminal law is more punitive.
What penalties or measures can juveniles face for criminal offenses?
Juveniles are not subject to classical penalties as adults are under the Juvenile Court Act, but rather so-called ‘measures’. These include educational measures (e.g. instructions, supervision by a youth worker), disciplinary measures (warnings, requirements, juvenile detention) and as the most severe sanction, juvenile imprisonment, which means deprivation of liberty in a youth institution and is only imposed for more serious offenses or a significant risk of reoffending. The primary aim of these measures is education rather than retribution or deterrence, in order to enable integration into society.
Are juveniles liable for civil damages?
In civil law, juveniles from the completed 7th year of life are partially liable in tort. This means they are generally only liable for damages if they are capable of understanding the wrongdoing and its consequences (§ 828 BGB). For young adults from the age of 18, full tortious capacity applies. In individual cases, courts may assess whether younger juveniles possessed the necessary ability to understand despite their age—in such cases, liability can still arise.
Do juveniles or young adults have a special right to refuse to testify in court?
Yes, juveniles and young adults are granted special protection in criminal proceedings. During questioning, they must be specifically informed about the significance and consequences of their testimony. They may refuse to testify, especially if they themselves or close relatives could incriminate themselves. Furthermore, the juvenile court may ensure that a youth welfare worker or legal guardian is present during questioning, if this is in the interest of the juvenile.
What rights do parents have in criminal proceedings against their juvenile children?
Legal guardians have extensive participation rights in juvenile criminal proceedings. They must be informed about the initiation and progress of the proceedings and may attend the main hearing. However, the court may exclude them in individual cases, for example to protect the child’s welfare. Parents may also make statements and appeal the judgment, provided they hold custody rights.
Can criminal offenses committed by juveniles and young adults be permanently entered in a criminal record?
Entries of juvenile penalties in the certificate of conduct are governed by the provisions of the Federal Central Register Act (BZRG). Juvenile penalties appear only in special cases, such as when a prison sentence of more than 90 daily rates or more than six months has been imposed. Educational measures and disciplinary measures such as juvenile detention are generally not recorded. For young adults, it depends on whether juvenile or adult criminal law was applied.
When is pre-trial detention ordered against juveniles?
Pre-trial detention against juveniles is only permissible under strict conditions and may only be imposed when absolutely necessary to avert, for example, the risk of flight or obstruction of justice. In principle, it must always be examined for juveniles whether less intrusive measures are sufficient (e.g. strict conditions, residential restrictions, reporting requirements). In addition, the juvenile court must take into account the special developmental stage of the person concerned—a proportionality assessment is mandatory. The educational intent always remains the primary goal.
