Concept and definition of disciplinary measures
The term disciplinary measures plays a particularly significant role in German juvenile criminal procedure law. The word originally derives from Middle High German “zuht”, meaning “education” or “upbringing.” According to the German Juvenile Court Act (JGG), disciplinary measures are judicial measures that lie between pure educational measures and actual punishments. Strictly speaking, disciplinary measures are intended to have an educational effect on the juvenile or adolescent without imposing a criminal sanction that would carry the stigma of a punishment.
The legal regulations and application of disciplinary measures aim to educate the young person to act responsibly and in accordance with the law, regardless of their guilt or awareness of wrongdoing.
Legal basis of disciplinary measures
Juvenile Court Act (JGG)
The central legal source for disciplinary measures is the Juvenile Court Act (JGG). According to § 13 JGG, disciplinary measures are those “suitable and intended to influence a juvenile and to educate them to responsible and law-abiding behavior.” They differ from the more severe juvenile punishments (§ 17 JGG) as well as from the milder educational measures (§ 9 JGG).
Classification of disciplinary measures
The sanction system in juvenile criminal law thus recognizes three levels:
- Educational measures (§ 9 JGG): For example, instructions or an order to participate in social training may be imposed if education takes precedence.
- Disciplinary measures (§ 13 ff. JGG): Are applied when a milder measure appears insufficient but a juvenile sentence would not yet be proportionate.
- Juvenile sentence (§ 17 ff. JGG): Is imposed as a last resort when disciplinary measures are not sufficient or severe culpability exists.
Types of disciplinary measures
The Juvenile Court Act names three main forms of disciplinary measures (§ 13 JGG):
1. Warning (§ 14 JGG)
The warning is a formal reprimand of the juvenile by the court. The aim is to make the wrongdoing of the act clear through a stern address. The warning can be combined with conditions, such as an apology to the victim or restitution for damages.
2. Conditions (§ 15 JGG)
Conditions serve the purpose of actively making the wrongdoing clear to the juvenile and intervening:
- Restitution: The juvenile should remedy the damage caused by the offense in whole or in part, as far as possible.
- Apology: The obligation to apologize to the victim.
- Community service: Performing community service up to a certain extent.
- Other conditions: For example, participation in a social skills training course.
The conditions are proportionate to the offense and the personality of the accused. They must not impair the accused’s development.
3. Juvenile detention (§ 16 JGG)
Juvenile detention is the most intensive form of disciplinary measure and represents a short-term deprivation of liberty. It is served in special facilities (juvenile detention centers) and can be imposed as
- leisure detention (in the afternoons and on weekends, for a maximum of two weeks),
- short detention (up to four days) or
- long-term detention (one to four weeks)
as appropriate.
The aim is to clearly demonstrate to the juvenile the consequences of their actions in a lasting way without exposing them to the particular stigma of a juvenile sentence.
Requirements for ordering disciplinary measures
General requirements
According to § 13 JGG, disciplinary measures may only be applied if educational measures are insufficient but a juvenile sentence is not warranted. The decisive factors are the circumstances of the offense, the juvenile’s prior conduct and development, as well as their personal situation.
Against whom can disciplinary measures be imposed?
Disciplinary measures apply to:
- Juveniles: Persons who were between 14 and 17 years old at the time of the offense.
- Adolescents: Persons aged 18 to 20, provided juvenile criminal law applies according to the provisions of the JGG (if the offense is considered typical juvenile misconduct).
Inadmissibility in case of incapacity
In the absence of culpability (capacity for guilt), especially in the case of delayed mental maturity, disciplinary measures may not be imposed.
Legal consequences of non-fulfilment and enforcement
Consequences in case of non-compliance with conditions
If the juvenile does not fulfill the obligations imposed on them, disciplinary measures can subsequently be increased in severity, or enforcement can be ordered (especially in the case of juvenile detention). The final decision is made by the competent court after another hearing.
Enforcement of juvenile detention
Juvenile detention is enforced in special facilities (juvenile detention centers). The specifics are governed by state regulations and are subject to special educational considerations, which differ significantly from the enforcement of regular imprisonment for adults.
Distinction from other sanctions
Difference from educational measures
Disciplinary measures generally go beyond purely educational actions but are less intensive than juvenile sentences. They are graduated in their intensity and intended to respond flexibly to the developmental situation of young people.
Difference from juvenile sentence
A juvenile sentence is the most serious reaction under juvenile criminal law. It requires culpable behavior and a separate significant wrongdoing, is associated with longer deprivations of liberty, and is carried out in juvenile detention centers.
Disciplinary measures in German family law
In the context of family law, the term disciplinary measures formerly had a different meaning: Until the amendments to the Civil Code (BGB) in the 1970s and 1980s, parents and other guardians were permitted to apply disciplinary measures for “education” in practice. With the abolition of the parental right of corporal punishment, the use of physical or degrading measures is now expressly prohibited (§ 1631 para. 2 BGB).
Nowadays, the term disciplinary measures is therefore no longer officially used in the civil law context and holds significance only in juvenile criminal law.
Historical development
The concept and application of disciplinary measures in juvenile criminal law have evolved over the decades and changed significantly. Disciplinary measures were originally understood very broadly, including physical measures. Since numerous legal reforms and a growing orientation towards educational principles, disciplinary measures have been limited to actions that respect the dignity of juveniles and are intended to positively influence their future behavior.
Disciplinary measures in international comparison
Some European legal systems recognize similar educationally oriented sanctions for juveniles, although the terms and scope of regulations vary. However, the clear legal separation of educational measures, disciplinary measures, and juvenile sentences is a distinctive feature of German juvenile court law.
Summary
Disciplinary measures under the German Juvenile Court Act are sanctions that fall between educational measures and juvenile sentences. They are primarily educational in nature and serve to respond to the misconduct of juveniles or adolescents in a timely and appropriate manner. The law distinguishes between warnings, conditions, and juvenile detention. The application is closely tailored to the developmental situation and personality of the young person, reflecting the flexible and pedagogically oriented goals of juvenile criminal law. Physical forms of disciplinary measures are no longer permitted under today’s law, and the term is no longer applicable in family law.
See also:
Frequently asked questions
When may disciplinary measures be applied in juvenile criminal proceedings?
Disciplinary measures may be ordered in juvenile criminal proceedings pursuant to § 13 of the Juvenile Court Act (JGG) only if the imposition of a juvenile sentence is not yet indicated, but a mere educational measure (such as instructions or the order of social-pedagogical measures) appears insufficient. The court must conduct a careful assessment of each individual case, particularly considering the age, development, and individual circumstances of the juvenile or adolescent. The imposition of a disciplinary measure always requires a culpably committed unlawful act and may only take place if the educational objective cannot be achieved by milder means (such as educational measures). The primary goal is always to prevent further delinquency by the juvenile.
What types of disciplinary measures are recognized by the Juvenile Court Act?
The Juvenile Court Act distinguishes three main types of disciplinary measures expressly listed in § 13 (2) JGG: warning, conditions (for example, payment of a sum of money to a charitable institution or restitution), and juvenile detention (investigative, short-term, leisure, or long-term detention). A warning is the mildest form and is intended to make the juvenile aware of the unlawfulness of their conduct. Conditions can prompt the juvenile to assume responsibility, for example, by compensating for the damage caused or performing certain social services. Juvenile detention is the most severe disciplinary measure and primarily serves the purpose of short-term discipline, but as a restriction of liberty, it is already a particularly intensive measure constitutionally.
What legal requirements must be met for the imposition of juvenile detention?
Juvenile detention may only be ordered if less severe disciplinary measures or educational measures are clearly insufficient and are unavoidably necessary to have an educational impact on the juvenile. According to § 16 JGG, the detention must be appropriate, and both the type and duration must be carefully assessed. The duration is limited to a maximum of four weeks (for long-term detention); shorter periods apply for short- and leisure detention. The judge must give written reasons for every order and consider all relevant circumstances, especially the juvenile’s life situation and personality. Juvenile detention can also be definitively ruled out in cases of serious health impairments or other significant personal reasons if the measure would not be reasonable for the juvenile.
When are conditions permissible as disciplinary measures and what are the limits?
Conditions are permissible if they serve the purpose of motivating the juvenile to make amends for wrongdoing or to assume individual responsibility for their action (§ 15 JGG). Typical conditions include, for example, payment of a sum of money to charitable organizations, performance of community service hours, and making restitution to the victim. The legal limit of admissibility is reached when the condition constitutes a disproportionate hardship, involves a self-debasement of the juvenile, or grossly violates the minimum standard of human dignity and freedom. In addition, conditions must not be misused as substitutes for a fine or result in de facto forced labor. It should also be ensured that the conditions are reasonably achievable by the juvenile and do not lead to unattainable demands.
What legal remedies are available against the imposition of disciplinary measures?
In principle, the remedy of complaint is available against the imposition of disciplinary measures. Affected juveniles, their legal representatives, or their defense counsel may file a complaint within one week of notification of the decision (§ 55 JGG). The complaint generally has suspensive effect with regard to the enforcement of the disciplinary measure unless it is obviously unfounded and dismissed. If juvenile detention is ordered, there are also additional specific legal remedies against its enforcement, such as an interim order or a request for postponement for personal or health reasons. Any judicial order in juvenile criminal proceedings must also comply with the written justification requirement and may be reviewed by the higher courts.
How do disciplinary measures differ from educational measures in juvenile criminal law?
Educational measures (§§ 9 ff. JGG) are aimed solely at achieving an individual educational impact and serve the immediate promotion and support of the juvenile, for example, through social-pedagogical supervision or the order of social skills training courses. They are in principle milder than disciplinary measures, as the latter, as a reaction to criminal acts, especially highlight the wrongful nature of the act and are more closely associated with a disciplinary function. Disciplinary measures such as warnings, conditions, and juvenile detention are thus differentiated from purely educational measures, since they are imposed especially when educational measures are insufficient to achieve the intended educational success.
Are there age limits for the imposition of disciplinary measures?
Disciplinary measures may only be imposed on juveniles (14 to 17 years old) and, if juvenile criminal law applies pursuant to § 105 JGG, on adolescents (18 to 20 years old). Children under 14 are generally not criminally responsible and are therefore not subject to criminal sanctions, including disciplinary measures. For adolescents, it is always necessary to check in each individual case whether their moral and intellectual development corresponds to that of a juvenile, and therefore whether juvenile criminal law applies. Only after a positive assessment of these requirements may disciplinary measures also be imposed on adolescents.
