Juvenile Courts and the Juvenile Court Act (JGG) in Germany
Overview and Definition of Terms
Juvenile courts are special chambers within the German judiciary that deal with offenses committed by juveniles and young adults (§ 1 para. 2 Juvenile Court Act – JGG). The Juvenile Court Act (JGG) is the central federal law governing the prosecution, punishment, and sanctioning of criminal acts committed by young people aged 14 to under 21.
The JGG aims to address youth-specific misdevelopment through educational measures and to effectively support the reintegration of young offenders into society. It enshrines education as a guiding principle and is fundamentally different from general criminal law, which applies to adults (Criminal Code – StGB).
Scope of Application of the Juvenile Court Act
Personal Scope of Application
The personal scope of the JGG covers:
- Juveniles: Persons aged 14 to under 18 (§ 1 para. 2 JGG).
- Young adults: Persons aged 18 to under 21. For young adults, the court examines whether, given the nature, circumstances, and the offender’s level of maturity, the offense corresponds to typical youthful misconduct (§ 105 JGG).
Children under 14 years of age are not criminally responsible according to § 19 StGB and are thus excluded from the scope of the JGG.
Subject Matter Scope
The JGG applies to all offenses committed in Germany by juveniles and—under certain conditions—by young adults. The law regulates the investigation, the main hearing, the verdict, and the execution of sanctions imposed by the juvenile courts.
Tasks and Jurisdiction of the Juvenile Courts
Chambers and Organization
Juvenile courts are organizationally independent divisions of district courts and regional courts. The following chambers are to be distinguished:
- Juvenile Judge at the district court: Single judge for less serious cases of juvenile delinquency.
- Juvenile Court with Lay Judges at the district court: Handles medium-severity offenses, consisting of one juvenile judge and two lay juvenile judges (§ 33 para. 1 JGG).
- Juvenile Criminal Chamber at the regional court: Responsible for serious crimes by juveniles or when there are additional charges (e.g., involving adults) (§ 33b JGG).
Jurisdiction
Local and subject-matter jurisdiction is determined according to general procedural criminal law provisions, but supplemented by specific statutory rules in order to take account of the special circumstances of juvenile offenders (§ 39 et seq. JGG).
Special Features of Juvenile Criminal Proceedings
Proceedings before juvenile courts differ fundamentally in key respects from those against adults:
Educational Principle and Procedure Design
The proceedings are characterized by special consideration of the developmental stage and personality structure of the juveniles. The focus is on educating them to take responsibility (§ 2 para. 1 JGG). Investigative authorities and courts are obligated to pay particular attention to the interests of juveniles.
Participants in the Proceedings
In juvenile criminal proceedings, in addition to the public prosecutor and the court, the youth court assistance service and the youth welfare office also participate (§ 38 para. 2 JGG). The youth court assistance service informs the court about the personal, family, and social background of the accused and provides assessments regarding educational measures.
Diversion (Conclusion Without Main Hearing)
A central element of the JGG is the possibility of diversion (§§ 45, 47 JGG): Proceedings can be concluded already at the investigative stage without a formal judgment, by means of conditions, directives or measures, provided these are deemed sufficient and, in particular, no serious offenses are involved.
Sanctions and Measures Under the Juvenile Court Act
Catalog of Measures
The JGG provides the following possible sanctions, which are imposed stepwise according to the seriousness of the offense and the educational needs of the offender:
- Educational Measures (§§ 9-12 JGG)
– e.g. issuance of directives, ordering of social training courses, assignment of community service
- Disciplinary Measures (§§ 13-16 JGG)
– Warning
– Issuance of conditions (e.g. restitution, apology)
– Juvenile detention (leisure-time, continuous, or weekend detention)
- Juvenile Sentence (§§ 17-32 JGG)
– Deprivation of liberty for a period of six months up to five years, for serious offenses up to ten years
– Imposed only when educational measures or disciplinary measures are no longer sufficient or in cases of a serious offense
Special Features of the Juvenile Sentence
A juvenile sentence may only be imposed if other measures are not sufficient, or if the gravity of guilt requires such a sanction (§ 17 para. 2 JGG). The execution of the juvenile sentence is also largely focused on education, such as through academic and vocational training, psychological care, and social therapy in juvenile detention facilities.
Legal Remedies and Legal Consequences
Judgments of the juvenile court can be appealed using the legal remedies provided for in criminal procedure law. These include, in particular, appeal and revision (§§ 55, 56 JGG in conjunction with the StPO). Special provisions stipulate that the protection of the personality of the juvenile must also be especially safeguarded even after the judgment becomes final (e.g. restricted publication or announcement of decisions).
Data Protection and Publicity Principle
Juvenile criminal proceedings are subject to special rules for the protection of the privacy of those involved. Court hearings in juvenile matters are only public in exceptional cases (§ 48 JGG). The identity of young offenders must as a rule not be disclosed or made public in order to enable their social reintegration.
Relationship to Other Areas of Law
The Juvenile Court Act supplements the general provisions of the Code of Criminal Procedure (StPO) and the Criminal Code (StGB) by establishing specific rules for juvenile criminal law. In the event of a conflict, the provisions of the JGG take precedence over general criminal law, provided their application serves the purposes of juvenile criminal law.
International Context
Germany is bound by various international conventions and recommendations, such as the provisions of the UN Convention on the Rights of the Child and the minimum standards for the treatment of juveniles in criminal proceedings (the so-called ‘Beijing Rules’). The Juvenile Court Act takes these requirements into account and reflects them in national law.
References and Further Reading
- Juvenile Court Act (JGG) – Current version: https://www.gesetze-im-internet.de/jgg/
- Criminal Code (StGB)
- Code of Criminal Procedure (StPO)
- Federal Agency for Civic Education: Information on Juvenile Criminal Law
- UN Convention on the Rights of the Child (Convention on the Rights of the Child)
- Beijing Rules: United Nations Standard Minimum Rules for the Administration of Juvenile Justice
Conclusion
Juvenile courts and the Juvenile Court Act occupy a central position in the German legal system when dealing with young people who have committed offenses. They provide a legal framework tailored to the specific needs and developmental phase of juveniles. The goal is to contribute to resocialization and social integration through educational measures, appropriate sanctions, and special protection of personal rights. The JGG thus presents an independent and practice-oriented approach to dealing with juvenile delinquency.
Frequently Asked Questions
What diversion options exist in juvenile criminal proceedings under the Juvenile Court Act (JGG)?
In juvenile criminal proceedings, the Juvenile Court Act provides extensive options for diversion, i.e., a procedure by which the formal criminal proceedings against a juvenile or young adult can, under certain circumstances, be avoided without a formal main hearing or conviction. According to §§ 45 and 47 JGG, the public prosecutor or the court can discontinue proceedings if the gravity of the guilt does not preclude it and alternative measures (e.g., admonition, conditions, restitution, participation in social training courses) are deemed sufficient. Such measures primarily serve educational purposes and aim to avoid stigmatization of the juvenile or young adult. Common diversion measures include community service orders, participation in victim-offender mediation, apology to the victim, and carrying out social services. The decision on diversion is generally made by the public prosecutor in cooperation with youth court assistance, taking into account both the offender’s personality and the circumstances of the offense.
Under what conditions can pretrial detention be imposed on juveniles?
In juvenile criminal law, stricter conditions apply to the imposition of pretrial detention than for adults, in accordance with §§ 112 et seq. StPO in conjunction with § 72 JGG. Pretrial detention may only be imposed on juveniles in exceptional cases, particularly where other, less intrusive measures, such as placement in a home or supervised accommodation, are insufficient. The court must always take into account the educational purpose of juvenile criminal proceedings and carefully examine the grounds for detention. In addition, a mandatory detention review must take place every six months. The principle of proportionality is of significant importance, meaning that pretrial detention is excluded if the measure’s goal (e.g., ensuring attendance or preventing further offenses) can be achieved in other ways.
What role does the youth court assistance service play in juvenile criminal proceedings?
The youth court assistance service, often acting as the youth welfare office, plays a central role in juvenile criminal proceedings in accordance with §§ 38, 50 JGG. Its task is to inform and advise the juvenile court, the public prosecutor, and the police about the juvenile’s personality, life circumstances, and development opportunities. The goal is to ensure a pedagogically sound decision. The youth court assistance service is involved both in the investigation and the main hearing, provides statements on suitable educational measures, and assists in implementing conditions and orders. Its recommendations serve the educational principle and ensure that the proceedings are not only handled from a criminal law perspective, but also from a social-pedagogical viewpoint.
How does juvenile criminal law differ from adult criminal law regarding sanctions?
Juvenile criminal law provides, according to §§ 5 et seq. JGG, an independent system of sanctions that fundamentally differs from adult criminal law. While adult criminal law focuses primarily on punishments such as fines or imprisonment, juveniles are mainly subject to educational measures such as educational instructions (e.g., directives and assistance for upbringing) and disciplinary measures (e.g., warning, conditions, juvenile detention). A juvenile sentence, i.e., imprisonment, is only imposed if serious offenses are committed or other measures are not sufficient. The aim of the sanctions is educational influence as well as the prevention of further offenses by promoting the social skills of the juvenile. The sanctions must therefore be tailored to the juvenile’s individual misconduct and life situation.
What special rules apply to young adults (18–21 years) in juvenile criminal proceedings?
For young adults aged 18 to 21, special rules apply according to § 105 JGG. The court examines in each case whether juvenile criminal law or adult criminal law should be applied to the young adult. Juvenile law applies if the personality of the offender is still typically youthful or if the concrete act constitutes a youthful transgression (e.g., regarding level of maturity or motivation for the offense). The aim is a flexible transition that addresses individual development and allows for appropriate educational influence. The decision is at the discretion of the court and is regularly supported by opinions from youth court assistance.
What rights and obligations do legal guardians have in juvenile criminal proceedings?
In juvenile criminal proceedings, legal guardians have extensive rights and obligations to participate, as set out in § 67 JGG. They are entitled to take part in all phases of the proceedings, in particular in the main hearing, provided this is in the best interests of the juvenile. They can accompany, advise, and support the accused juvenile. Beyond their rights, legal guardians are obliged to promote the educational effect of the measures and to cooperate with the authorities. They have a bridging function between the juvenile and the court, with their involvement aimed at the goal of resocialization. In some situations, however, the court may restrict the parents’ involvement, for example, if there is a conflict of interest or if the welfare of the juvenile appears to be at risk.
