Definition and Classification of Youth Detention
Der Youth Detention is a special custodial measure under German juvenile criminal law. It is not a punishment in the traditional sense, but rather an ‘educational measure with a repressive character.’ Youth detention is imposed as a response to criminal offenses and misdemeanors committed by young people and is regulated in the Juvenile Court Act (JGG). Its primary purpose is to discipline and ‘warn’ juvenile and adolescent offenders when other, less severe sanctions appear insufficient.
Legal Foundations of Youth Detention
Statutory Regulation
The legal basis for youth detention is set out in the Juvenile Court Act (JGG), particularly in Sections 13 to 16 JGG. The legislator differentiates between various types of detention and stipulates precise conditions and procedures for its imposition, crediting, and enforcement.
Forms of Youth Detention
The law distinguishes between the following forms:
1. Leisure Detention (Section 16 (2) JGG)
In this form of detention, the convicted person is held in custody for 48 hours at weekends or at other times scheduled in coordination with their school or vocational training.
2. Short-Term Detention (Section 16 (3) JGG)
Short-term detention lasts only two to four days. It is intended to provide a particularly rapid and immediate response to misconduct (for example, truancy or minor offenses).
3. Extended Detention (Section 16 (1) JGG)
Extended detention may last between one and four weeks. It is the most intensive form of youth detention and is generally imposed in cases of repeated or particularly serious misconduct.
Requirements and Limits for Ordering Youth Detention
Requirements for Youth Detention (Section 13 JGG)
Youth detention is permissible if the young offender was between 14 and 17 years old at the time of the offense or afterwards (juvenile) or, in individual cases, up to 20 years old (adolescent), and juvenile criminal law applies. The measure is considered particularly when disciplinary means are necessary but a youth sentence is not yet required.
Proportionality and Subsidiarity
Youth detention must always be applied according to the principle of proportionality. It should supplement or replace other, milder measures such as warnings, orders to make restitution, or community service, only when these are insufficient. It may only be ordered after careful examination and must be justified on a case-by-case basis.
No Imposition if a Youth Sentence Is Required
If a youth sentence is required due to the severity of the guilt, detention is excluded. Detention may also not be imposed repeatedly without justification.
Requirements for Enforcement
The detention order is issued by a juvenile court. A final and binding decision is required. Enforcement is the responsibility of the public prosecutor, who is also in charge of issuing an arrest warrant in case of nonappearance.
Enforcement of Youth Detention
Detention Facilities
Youth detention is carried out in special youth detention centers or in specially separated sections of correctional facilities (JVA). Special requirements for care, provision, and accommodation exist there, tailored to minors.
Rights and Duties of Those in Detention
Young people in youth detention are subject to strict rules during their confinement, but have certain rights, including:
- Right to humane treatment
- Right to provision of food
- Right to medical care
- Opportunity to contact authorized guardians
Educational Approach
Youth detention is characterized by an educational approach. The goal is to promote responsible behavior. Accordingly, there are often group educational programs, work-based tasks, and discussions with psychologically trained staff.
Duration and Procedure
The duration is strictly determined by the court’s decision; early release is only possible in exceptional cases. Extensions are not permitted. The detention must generally be served on consecutive days, though exceptions may be justified (e.g., for school or vocational reasons).
Distinction from Other Sanctions in Juvenile Criminal Law
Relationship to Other Disciplinary Measures and Youth Sentence
Youth detention is more severe than a mere warning or the imposition of obligations and instructions, but less severe than the imposition of a youth sentence. Detention cannot be combined with a youth sentence, but it can be combined with other disciplinary measures.
Relationship to Adult Criminal Law
There is no comparable measure to youth detention in adult criminal law. Custodial sanctions for adults are generally associated with a sentence of imprisonment or a fine.
Legal Protection and Appeals
Legal Remedies Against Youth Detention
Appeal is available against an order imposing youth detention. If it is enforced, a request for suspension of enforcement may be made in exceptional cases.
Review of Detention Conditions
Compliance with the conditions of youth detention can be reviewed through administrative or civil proceedings. Here, too, protective mechanisms from the Basic Law and international human rights agreements primarily apply.
Purpose and Aims of Youth Detention
Preventive and Educational Function
Youth detention explicitly pursues a special preventive approach. It is specifically aimed at young people who are at risk of future misconduct, seeking to encourage a change in behavior through the short, intensive restriction of rights.
No Stigmatization
Detention is intended to enable a rapid return to everyday life without burdening those affected with long-term social disadvantages. It is not regarded as a criminal conviction in the strict sense, but as a specific measure for the prevention of further offenses.
In summary, youth detention is a clearly and strictly regulated measure in juvenile criminal law that is applied only under limited circumstances and always with an educational objective. It represents an important, but always subsidiary, element within the sanction system of the Juvenile Court Act.
Frequently Asked Questions
How long can youth detention last at most?
Under the Juvenile Court Act (JGG), youth detention is basically distinguished between leisure detention, short-term detention, and extended detention. The maximum permissible duration depends on the type of detention: leisure detention can last up to two weekends (Friday afternoon to Sunday evening), short-term detention up to four days at most, and extended detention may last from one to four weeks (Section 16a JGG, Section 15 JGG). The length of detention is determined by the juvenile court and must be appropriate to the educational objective and proportionate, so that it serves an educational purpose and is not seen as pure punishment. Even the total duration of measures may not exceed a total detention period of four weeks, even in the case of multiple convictions. In addition, previously served pre-trial detention or security measures may be credited to avoid double punishment.
Under what circumstances can youth detention be imposed?
According to Section 16 JGG, youth detention may only be imposed if milder measures, such as educational directives or disciplinary measures (such as community service or warnings), prove insufficient and an educational intervention appears necessary. The order is made when the guilt of the juvenile is not so grave as to require a youth sentence but the offense nonetheless calls for a more intense sanction than mere educational directives. The juvenile court specifically considers the age, development, and living circumstances of the juvenile as well as the seriousness and circumstances of the offense when making its decision. It is important that detention must always be justified with an educational rationale; the mere threat of punishment is impermissible under juvenile criminal law.
Can youth detention be converted to another measure?
Conversion of youth detention to other sanctions is legally possible only in certain circumstances. If it is established later that another educational measure appears more appropriate (e.g., community service instead of detention), the court may make adjustments in accordance with the principle of proportionality. Only a judicial decision can subsequently lift the detention if new circumstances arise justifying a different response. The replacement of detention by community service can be ordered by the court, though this is an exceptional rule. Conversely, if a juvenile refuses to perform assigned community service, youth detention may be imposed in return.
In which institutions is youth detention enforced?
Youth detention is enforced in special youth detention centers or in separate departments of regular correctional facilities designed for juveniles and adolescents, which must meet special pedagogical requirements and safety standards. These institutions are significantly different from adult correctional services in terms of organization and care; they provide support and advancement programs, schooling or vocational measures, as well as social educational support. Pre-trial detention must not take place in the same area as detention enforcement in order to avoid stigmatization and negative influence (separation principle). The choice of institution depends on the juvenile’s place of residence, age, and gender and on the capacities of the respective facilities.
What rights do juveniles have in youth detention?
Juveniles in youth detention enjoy numerous legal protection rights. These include the right to humane treatment, adequate accommodation and nutrition, and medical care. They have the right to regular contact with their families, such as visits and phone calls, provided this does not endanger the purpose of detention. There are also entitlements to educational and vocational support and assistance from social workers or educators. The legal guardian and a lawyer are generally allowed to make contact with the juvenile. Complaints about the execution, deficiencies, or unjustified measures may be made; such complaints should be addressed to the institution’s management or the court. Data protection and the safeguarding of personal data must also be guaranteed.
Can legal remedies be lodged against the imposition of youth detention?
Legal remedies may be lodged against the imposition of youth detention. In particular, the legal remedy of appeal under Sections 55 and 59 JGG is provided in juvenile criminal proceedings. A complaint is also possible, for example against decisions regarding enforcement (e.g., the method of detention enforcement or inappropriate measures during detention). The competent instance (for example, the next higher juvenile court or a higher regional court) then reviews the legality of the order. The enforcement of detention is often suspended until the court decides on the legal remedy (suspensive effect), unless the court specifically orders otherwise.
What happens if a juvenile evades youth detention?
If a juvenile evades enforced youth detention by failing to report without excuse or by absconding, the court can order compulsory appearance by the police (Section 16b JGG). In particularly serious cases, such as repeated evasion, this may have criminal consequences, especially if further offenses or serious breaches are committed in the course of flight. The statute of limitations for the enforcement of youth detention is two years from the finality of the decision (Section 79 II JGG). An arrest warrant may also be issued to ensure appearance for detention. Parents and guardians will be informed, and associated measures by the youth welfare office may follow in order to prevent reoffending.
