Definition and Role of the Juvenile Court Judge
The juvenile court judge is a person working at the court who is responsible for proceedings under the Juvenile Courts Act (JGG). The jurisdiction of the juvenile court judge extends to criminal proceedings against juveniles (14 to under 18 years) and young adults (18 to under 21 years), provided that juvenile criminal law applies. The main idea behind this special function is to pay particular attention to youth-specific characteristics and educational considerations in criminal proceedings, and to make decisions tailored to the development and social environment of those affected.
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Legal Basis
Juvenile Courts Act
The central legal document for the activities of the juvenile court judge is the Juvenile Courts Act (JGG). It contains special provisions for the proceedings, the legal status of the parties involved, as well as the types and scope of sanctions against juveniles and young adults. Sections 33 to 35 JGG explicitly regulate the duties, special requirements, and jurisdictions of the juvenile court judge.
Procedural Regulations
In addition to the JGG, the provisions of the Code of Criminal Procedure (StPO) are generally applicable, unless the JGG provides for differing regulations. In particular, special provisions adapted to the age and educational purpose apply regarding procedural guarantees, the right of defense, and attendance obligations.
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Jurisdiction and Areas of Responsibility of the Juvenile Court Judge
Subject-Matter and Functional Jurisdiction
The juvenile court judge has jurisdiction to decide on criminal offenses committed by juveniles and—under certain conditions—by young adults. The subject-matter jurisdiction usually covers minor to moderately severe crimes where a sentence of juvenile detention of not more than one year is to be expected, unless the case is not referred to a juvenile chamber (§ 33 JGG).
Functionally, the juvenile court judge is responsible for leading and making decisions in the main proceedings as well as in intermediary proceedings, with the educational function and individual consideration of the offender being of central importance.
Decisions in Juvenile Criminal Proceedings
Typical decisions made by a juvenile court judge include:
- Opening and presiding over main hearings
- Imposing educational measures (§§ 9 ff. JGG)
- Ordering disciplinary measures (e.g., youth custody, § 13 JGG)
- Imposing juvenile detention (in less serious cases)
- Deciding on provisional measures, such as pre-trial or youth detention
- Waiver of punishment for minor offenses (§ 45 JGG)
Additionally, the juvenile court judge is responsible for issuing decisions in diversion proceedings, that is, the possibility of refraining from formal prosecution under certain conditions if an educational intervention is already considered sufficient (§§ 45, 47 JGG).
Cooperation with Other Institutions
A central element of the work of the juvenile court judge is cooperation with juvenile court assistance, youth welfare office, police, social work, as well as, where applicable, the legal guardians and legal representatives of the juvenile. During the hearing, the juvenile court assistance assumes an advisory role (§ 38 JGG).
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Special Procedural Principles in Juvenile Criminal Law
Educational Principle
Unlike in general criminal law, the focus in proceedings before the juvenile court judge is not on punishment, but on the principle of education (§ 2 JGG). The aim is to influence the personal development of the juvenile or young adult and to guide them towards a lawful way of life. In particular, personal development, living circumstances, and the social environment are to be taken into account.
Expediency Principle
Because of the special situation of young offenders, a special expediency principle applies to juvenile criminal proceedings (§ 10 JGG), in order to avoid negative effects of long proceedings on the development of the person concerned.
Participation of Juvenile Court Assistance
Throughout the entire proceedings, juvenile court assistance must be involved (§ 38 JGG). It advises the court, provides information about the juvenile defendant’s social environment, personality, and development, and contributes opinions for an individual and appropriate response.
Hearing and Participation of Parents or Legal Representatives
In proceedings against juveniles, the attendance of legal guardians or legal representatives is generally required or to be sought (§ 67 JGG). The aim is comprehensive supervision and assessment of educational needs.
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Difference from Adult Criminal Court
In contrast to general criminal judges, the juvenile court judge always takes particular account of educational aspects. The sanctions, especially the educational measures, are specifically tailored to the needs and abilities of young people. The proceedings are conducted in closed session (§ 48 JGG) to avoid harmful effects of public exposure on the juvenile’s development. The disclosure and use of judgments in public registers is also heavily restricted.
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Qualification and Appointment
Juvenile court judges are regular judges at local courts, regional courts, and sometimes higher regional courts, who are appointed to carry out their duties in the juvenile court system. According to § 37 JGG, they should, if possible, have previously demonstrated practical and theoretical experience in dealing with juveniles, especially delinquent ones. The appointment is made by the respective presidium of the court.
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Overview of Judicial Panels in Juvenile Criminal Law
- Juvenile Court Judge at the Local Court: Responsible for less serious offenses, usually as a single judge (§ 33 JGG)
- Juvenile Magistrates’ Court: Judicial panel consisting of two lay magistrates, responsible for more serious crimes, with a potential juvenile sentence of up to four years (§ 33b JGG)
- Juvenile Chamber at the Regional Court: Responsible for particularly serious offenses, composed of three professional judges and two juvenile lay judges (§ 33c JGG)
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Legal Protection Against Decisions of the Juvenile Court Judge
Decisions made by the juvenile court judge can be challenged with the permissible legal remedies also provided in adult criminal law, in particular appeal, revision, complaint, and legal complaint. The special aspects of juvenile proceedings, especially the educational concept, must also be taken into account in the remedies process. The review of the decisions is then carried out by higher judicial panels, such as the juvenile magistrates’ court or the juvenile chamber.
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Literature and Sources
- Juvenile Courts Act (JGG)
- Code of Criminal Procedure (StPO)
- Courts Constitution Act (GVG)
- Case law of the Federal Court of Justice (BGH) and the Higher Regional Courts on juvenile criminal law
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Conclusion
The juvenile court judge plays a central role in the German legal system’s juvenile criminal proceedings. Their task is characterized by an individual assessment and punishment of juvenile offenders oriented towards the principle of education, taking into account all social, personal, and developmental factors. The work of the juvenile court judge thus fundamentally differs from general criminal law and reflects the legal mandate to educate and support juveniles towards a future without criminal behavior.
Frequently Asked Questions
What are the duties of a juvenile court judge in judicial proceedings?
In juvenile criminal proceedings, the juvenile court judge is responsible for leading and conducting judicial hearings against juveniles and young adults. Their duties include the responsible procedural management of the session, ensuring the right to be heard, the taking of evidence while observing specific provisions of the Juvenile Courts Act (JGG), and taking youth-psychological aspects into account. The juvenile court judge ensures that all parties to the proceedings, especially the defendant and their lawyer, can exercise their rights. In addition, the juvenile court judge has the crucial task of determining, after thorough examination of the facts, a sentence that meets educational requirements and prioritizes possible educational measures. The judge’s goal is always to positively influence the juvenile’s development, rather than punishing solely in a repressive manner.
What special features apply in proceedings before the juvenile court judge compared to adult criminal law?
Numerous special features apply in juvenile court proceedings as compared to adult criminal law. Firstly, due to the particular need for protection of juvenile defendants and the educational orientation of the Juvenile Courts Act (JGG), the proceedings are primarily focused on the personality development of the accused. The juvenile court judge is responsible for also considering educational, social, family, and developmental psychological aspects in their decisions and, if necessary, including hearings with juvenile court assistance and experts in the decision-making process. The judge may deliberately refrain from punishment if educational measures are deemed sufficient. Furthermore, the main hearing is usually not public, and parents or legal representatives have their own right of attendance.
What sanctions can a juvenile court judge impose?
In the context of juvenile criminal proceedings, the juvenile court judge has a differentiated system of sanctions at their disposal, aimed at the education of the juvenile. The main sanctions include educational measures (such as the assignment of supervisory instructions or placement in a home), disciplinary measures (such as issuing warnings or imposing youth custody), and, in the case of more serious crimes, juvenile detention (loss of liberty). The judge must always observe the principle of proportionality and select the mildest appropriate measure. Additional measures, such as imposing community service or victim-offender mediation, may be added depending on the case, with the express aim of preventing repeat offenses through pedagogical intervention.
What qualifications are required for the office of juvenile court judge?
To fill a position as a juvenile court judge, the qualification for judicial office according to the German Judiciary Act (DRiG) is required, that is, usually completion of both state law examinations. In addition, the Juvenile Courts Act (JGG) provides that judges with special knowledge and skills in matters of education, youth psychology, and social pedagogy should preferably be appointed to rule in juvenile cases. In practice, this usually means special training or proven professional experience in working with juveniles, often supplemented by internships and continuous further education in the relevant areas of juvenile criminal law.
How is the relationship between the juvenile court judge and juvenile court assistance regulated?
The cooperation between the juvenile court judge and the juvenile court assistance is institutionalized under the Juvenile Courts Act and is of central importance. Juvenile court assistance advises and supports the juvenile court judge before and during court proceedings. It prepares reports on the development, social environment, and educational situation of the juvenile, and makes recommendations regarding possible sanctions and support measures. The judge is obliged to involve the juvenile court assistance at certain procedural stages and to consider its assessments in the decision-making process. However, the final decision always remains with the judge.
What role does victim protection play in proceedings before the juvenile court judge?
Victim protection also plays an important role in juvenile criminal proceedings, with the legal framework aiming to establish an appropriate balance between the educational impact on the youth and the protection of the victim’s interests. The juvenile court judge is obliged to allow the victim to make a statement and, if necessary, to order protective measures, such as witness protection or exclusion of the public. The judge may also support victim-offender mediation to reach restitution or reconciliation between the parties. Consideration of the victim’s interests is particularly reflected in the punishment of the act and the choice of sanctions, with the emphasis on promoting the juvenile’s assumption of responsibility.
