Definition and significance of juvenile detention
Der Juvenile detention is an independent area within German prison law, governing the enforcement of juvenile sentences and pre-trial detention for minors and young adults. Its aim is to reintegrate young offenders into a responsible, law-abiding lifestyle through educational measures. Juvenile detention differs significantly from adult detention in terms of objectives, forms of enforcement, and its legal framework.
Legal bases of juvenile detention
Juvenile Courts Act (JGG)
Das Juvenile Courts Act (JGG) has been the statutory basis for addressing juvenile offenses since 1953. It sets out the requirements and procedures for juvenile detention for minors (aged 14 to under 18) and young adults (aged 18 to under 21).
State laws on juvenile detention
Since the federalism reform of 2006, the legislative authority for juvenile detention mostly lies with the federal states. As a result, specific State laws on juvenile detention laws have been enacted (e.g., the Youth Detention Act of North Rhine-Westphalia, JStVollzG NRW), which regulate the enforcement in detail for each respective state. However, the nationwide provisions of the JGG, especially §§ 82 et seq. JGG, remain decisive.
Superordinate legal bases
Additionally, the Basic Law (especially Articles 1, 2, 6 GG), the European Convention on Human Rights and United Nations regulations (e.g., UN Minimum Rules for the Treatment of Prisoners) apply.
Objectives and principles of juvenile detention
Priority of education
The core concern of juvenile detention is the educational approach (§ 2 (1) JGG). In contrast to adults, the focus is not on retribution but on education, personal development, and reintegration. Deprivation of liberty should be kept as brief and limited as necessary.
Proportionality
The demands on juvenile detention are guided by the principle of Proportionalityproportionality. This means that measures and disciplinary actions may only be taken to the extent necessary to achieve educational goals.
Special protection of minors
Juveniles and young adults are granted special protection in detention from harmful influences and are expressly to be safeguarded against stigmatization, violence, and exclusion.
Requirements and duration of juvenile detention
Age limits
- Juveniles: Persons between 14 and including 17 years
- Young adults: Persons between 18 and including 20 years (young adults may, depending on their maturity, be subject to juvenile detention)
- Children: Persons under 14 years are generally not criminally responsible (§ 19 StGB)
Imposition and duration of juvenile detention
Juvenile detention is the most severe sanction under juvenile criminal law and may only be imposed if harmful tendencies exist or due to the gravity of the offense (§ 17 JGG). The duration is at least six months and a maximum of five years, in exceptional serious cases up to ten years.
Forms of enforcement in juvenile detention
Pre-trial detention
Before a final conviction, a young person may be placed in pre-trial detention. Special rules on protection and education apply here as well.
Juvenile sentence
The juvenile sentence constitutes a term of imprisonment to be served in special juvenile detention facilities, in order to meet the specific needs of young people.
Special features for young adults
Young adults can be treated under either juvenile or adult criminal law. They are included in juvenile detention when an educational approach is indicated, as with juveniles.
Institutions, organization, and procedures of juvenile detention
Juvenile detention centers and institutions
Enforcement takes place in separate facilities or dedicated units for juvenile detention, to prevent mixing with adult prisoners.
Staff
The staff receive special training to be able to act in an educational and developmental manner.
Daily and weekly routine
The daily routine in juvenile detention is highly structured, consisting of educational, vocational, and recreational-pedagogical support measures. The goal is the development of social skills and future prospects.
Rights and obligations of prisoners
Support measures
Prisoners are entitled to educational and vocational training, therapeutic support, and extracurricular assistance (e.g., sports, leisure activities).
Disciplinary measures
Disciplinary measures may only be taken with respect for the rule of law and the educational mandate. Corporal punishment or degrading measures are prohibited (§ 90 JGG).
Contact with the outside world
The right to correspond, receive visits, make phone calls, as well as limited leave and easing of detention, are integral parts of juvenile detention. Contact with family and significant others is expressly to be promoted.
Release, aftercare, and reintegration
Release preparation
Support programs are provided in preparation for release (e.g., aftercare, probation assistance). The aim is sustainable reintegration into society and prevention of recidivism.
Aftercare
Authorities, youth welfare institutions, and social services work closely together to manage transitions and ensure further support after imprisonment.
Oversight and legal safeguards in juvenile detention
Supervision and oversight
Supervision of compliance with legal requirements is the responsibility of the relevant state justice authorities. In addition, external bodies such as prison advisory committees or ombuds offices may carry out oversight functions.
Complaint mechanisms
Juveniles and young adults may file complaints against measures of detention with the competent courts (§ 109 et seq. StVollzG).
International relations and developments
Germany is committed to adhering to and implementing international minimum standards for juvenile detention (e.g., Standard Minimum Rules for the Administration of Juvenile Justice, the so-called “Beijing Rules”). Increasing importance is placed on the exchange of best practices and academic guidance for further development of the system.
References
- BeckOK JGG, Juvenile Courts Act, commentary
- StGB, Introduction and explanations of juvenile criminal law
- Federal Agency for Civic Education: “Juvenile Detention in Germany”
- State juvenile detention laws of various federal states
Conclusion
Juvenile detention in Germany constitutes an independent area founded in the rule of law, where education, promotion, and individual support are central to the sustainable reintegration of young offenders. Clear legal requirements and monitoring bodies ensure that the special interests and protection needs of young people during detention are taken into account.
Frequently asked questions
What special legal regulations apply to juvenile detention compared to adult detention?
Unlike adult detention, juvenile detention in Germany is primarily regulated by the Juvenile Detention Act (JStVollzG) at both the federal and state levels. This law places special emphasis on educational measures and the social integration of young prisoners. The regulations are aimed at developing juvenile offenders into responsible personalities and reducing the risk of recidivism. While safety and custody may take center stage in adult detention, juvenile detention particularly emphasizes aspects such as educational and vocational training, recreational activities, and psychological care. Special importance is also placed on age-appropriate detention conditions. Additionally, the principle of open detention for juveniles is a top priority, provided security is not seriously endangered. This includes intensive support from educationally trained staff, individually tailored support plans, and greater involvement of legal guardians. The court and the detention facility are legally required to regularly review whether and when a part of the sentence can be suspended on probation.
What rights do juveniles have in detention?
Juveniles in detention enjoy specifically designed rights that address the special protection needs of minors and young adults. Key rights include humane accommodation, adequate nutrition, health care, and the right to education and training. Juveniles are entitled to regular contact with the outside world, especially through visits, letters, and phone calls with family and other close persons. They also have the right to participate in recreational and sports activities, which are considered mandatory components of the detention regime. Their personality rights are ensured through special legal protections for privacy and personal development. In addition, there is a right to be heard in decisions affecting the detention regime or individual orders and, as with adults, legal remedies before the courts responsible for enforcement against unlawful measures.
Under what circumstances may early release on probation be granted in juvenile detention?
Early release on probation is possible in juvenile detention under certain conditions and is governed by §§ 88 et seq. JGG (Juvenile Courts Act) or by state-specific provisions of juvenile detention laws. The decision on suspending the remainder of a sentence for probation is regularly reviewed, typically after at least half of the juvenile sentence has been served. The prerequisite is that a favorable social prognosis can be made, meaning the court must be able to expect that the juvenile will live crime-free in the future. Factors considered include behavior during detention, individual personality, social environment, vocational prospects, and participation in support measures. Victim interests and risks of reoffending are also taken into account. Suspension is subject to probation supervision, under which conditions and instructions—such as reporting obligations, therapy requirements, or restrictions on certain contacts—can be imposed.
What special measures for reintegration are legally required in juvenile detention?
A wide range of measures aimed at reintegration and personality development are legally required in juvenile detention. These include educational and vocational opportunities, socio-pedagogical counseling, therapeutic support (for example, addiction counseling or psychological counseling), and recreational activities of an educational nature. There are special support programs for juveniles with particular needs or problems, such as young mothers, migrants, or inmates with psychological issues. An individual support plan is developed for each juvenile as part of prison planning, which is regularly updated. It is also legally enshrined that juveniles must be prepared for release, which includes mandatory release management: this covers support in finding housing and employment, networking with social workers, and aftercare to facilitate a successful return to society.
Who is responsible for the lawful execution of juvenile detention and how is supervision ensured?
Responsibility for carrying out juvenile detention lies with the competent correctional authorities of the federal states, with each state potentially having its own specific regulations and ordinances. Supervision of the lawfulness of detention is exercised both by internal control bodies such as the prison warden and staff, and by external and independent bodies. These include supervisory authorities of the ministry, criminal enforcement chambers of the competent regional courts, and, in case of complaints, the Federal Constitutional Court. In addition, judicial review of individual measures is available through the so-called procedure for opening detention according to § 109 et seq. StVollzG, adapted for juvenile detention. Furthermore, advisory boards and sometimes the petitions committee of the respective state parliament monitor compliance with legal requirements and the treatment of inmates.
Is there a right to training and educational support during juvenile detention?
Yes, the right to educational and vocational training is comprehensively enshrined in law for juvenile detention. The applicable state juvenile detention laws and the Juvenile Courts Act (JGG) oblige correctional authorities to provide appropriate opportunities. For school-age juveniles, attendance at an in-prison school is usually organized, with curricula designed to ensure seamless transition to the public school system or vocational training. For those no longer of school age, there are opportunities for further education, to complete school qualifications, and for vocational preparation and training. Participation in these educational programs is mandatory unless there are serious reasons against it.
What special protective mechanisms are there for female juveniles in detention?
Female juveniles in detention are subject to additional protective measures due to their special situation and vulnerability. There are statutory requirements for specially protected accommodation, provided either by separate units or entirely separate facilities. Female inmates receive access to specialized medical, psychological, and social care, especially regarding pregnancy, motherhood, or sexualized violence. In addition, female juveniles have legal guarantees regarding the protection of their privacy, access to gender-specific hygiene, and protection from discrimination or assault by staff or other inmates. Special care and release rules must be in place in case of pregnancy to best protect both mother and child.
