Definition and legal foundations of juvenile delinquency
A juvenile delinquency refers to an offense committed by a person aged between 14 and 17 years. In Germany, it is a central concept in juvenile criminal law, which is regulated by the Juvenile Court Act (JGG). Juvenile criminal law primarily pursues educational objectives and is fundamentally different from adult criminal law in its legal framework, sanctions, and aims.
Definition and delimitation
A juvenile offense is understood to mean any unlawful act that fulfills the requirements of a criminal law and was committed by a juvenile of prosecutable age. According to § 1 JGG, juveniles are persons who were 14 but not yet 18 at the time of the offense. Thus, a juvenile offense differs from criminal acts by children (under 14, not criminally liable) and from young adults (18 to under 21, for whom juvenile criminal law can apply under certain conditions).
Legal requirements
Criminal responsibility
To prosecute a juvenile offense, so-called criminal responsibility is required. Young people under the age of 14 are, according to § 19 of the Criminal Code (StGB), not criminally responsible. For juveniles aged 14 and up to their 18th birthday, criminal responsibility is generally presumed. However, the juvenile court examines whether, at the time of the offense, the juvenile was capable, given their moral and intellectual development, of understanding the wrongfulness of the act and acting according to this insight (§ 3 JGG).
Elements of the offense
The elements required for a juvenile offense essentially correspond to those of general criminal law. There must be an intentional or negligent act that violates a criminal law, is unlawful, and culpable. Assessing culpability in juveniles takes into account personal development, social environment, and the degree of individual insight.
Objectives of juvenile criminal law
According to § 2 (1) JGG, juvenile criminal law in particular pursues educational objectives. The aim is to educate delinquent juveniles to law-abiding behavior through individually tailored measures and to prevent them from committing further offenses. Criminal responsibility and the particular need for education are at the center of consideration.
Sanctions and legal consequences in juvenile offenses
Educational measures (§§ 9-12 JGG)
In juvenile criminal law, educational measures take priority. The court can order measures such as instructions to fulfill specific requirements (for example, participation in programs or anti-violence training), or assign a mentor.
Disciplinary measures (§§ 13-16 JGG)
Disciplinary measures are milder sanctions that fall between educational measures and juvenile detention. These include warnings, the imposition of requirements (such as compensation for damages or community service), and juvenile detention, which may be served as leisure detention, short-term detention, or long-term detention.
Juvenile detention (§§ 17-18 JGG)
Juvenile detention means imprisonment in a juvenile detention center and represents the most severe sanction. It is only imposed if educational measures and disciplinary measures are insufficient or in cases of serious offenses such as severe violent crimes or repeat offending. The duration is at least six months and at most five years, and for serious offenses (for example, murder) up to ten years.
Course of the juvenile criminal proceedings
Investigation proceedings and special aspects
Juvenile criminal proceedings begin with the investigation by the police and public prosecutor. Special regulations apply in particular with regard to the primacy of educational measures and the involvement of youth court social services, which evaluate the social and personal development of the juvenile.
Main proceedings and juvenile court jurisdiction
The relevant juvenile court—consisting of the juvenile judge, the juvenile court with lay judges, or the youth chamber at the district court—decides on the juvenile offense. The procedure broadly follows general criminal procedure, with certain modifications, but more strongly considers the educational purpose. In addition to the juvenile, parents and, if applicable, the youth court social services are involved in the proceedings.
Options for dismissal and diversion
The JGG provides extensive opportunities to terminate proceedings early and without a court judgment, provided that measures in the interests of victim protection, restitution, or reintegration are sufficient (so-called diversion, §§ 45, 47 JGG).
Criminal record and obligations
Entries in the Federal Central Register
Convictions for juvenile offenses are noted in the Federal Central Register, but with less severe legal consequences than for adult convictions. Under certain conditions, especially in the case of less severe sanctions, removal of the entry is possible after a certain period.
Discharge of residual debt and consequences for future life
Juvenile sentences only appear in the certificate of conduct under specific circumstances and, in the case of minor measures, generally have no lasting impact on future life—the aim is reintegration and the avoidance of stigmatization.
Particularities and distinctions
Young adults (§ 105 JGG)
For so-called young adults (18 to under 21 years), juvenile criminal law may apply if the person’s moral and intellectual development is comparable to that of a juvenile or if the nature, circumstances, and motives of the offense are typical of youth.
Distinction from adult offenses
Adult criminal law places particular emphasis on the individual’s guilt and on retribution. In contrast, juvenile criminal law generally forgoes classic punitive sanctions and instead prioritizes educational responsibilities.
Statistics and societal significance
Juvenile offenses constitute a significant proportion of police-recorded crime but have shown a downward trend in many offense categories over recent years. The legislature places highest importance on prevention and reintegration of delinquent juveniles in order to ensure social integration and legal peace.
Conclusion
Juvenile delinquency is a legally complex concept comprehensively regulated by the Juvenile Court Act. The particular emphasis on education, the variety of available measures, and the individual requirements necessitate a differentiated approach. Central to this is the conviction that targeted interventions can prevent juveniles from embarking on a criminal career and enable optimal reintegration.
Frequently Asked Questions
What legal consequences can arise from a juvenile offense?
If a juvenile is accused of an offense, a wide range of legal consequences can occur. Unlike adult criminal law, juvenile criminal law—according to the Juvenile Court Act (JGG)—focuses primarily on education. This means that sanctions aim to deter the juvenile from further offenses and to support their development. Possible legal consequences include educational measures such as instructions (e.g., participation in social training), appointment of a caseworker, obligation to perform community service, or imposition of anti-violence training. Furthermore, the court may impose disciplinary measures, such as warnings, juvenile detention (leisure, short-term, or long-term) or fines. In particularly serious cases, juvenile detention remains as a last resort, which is served in a juvenile detention center and generally ranges from six months to five years, in serious cases up to ten years. In addition to the seriousness of the offense, the juvenile’s personality and prior history are considered. Moreover, a juvenile offense can have implications for the certificate of conduct, apprenticeships, or university studies. Family law consequences, such as a review of parental custody, may also follow in certain circumstances.
When can a juvenile be held criminally responsible?
A juvenile is, according to § 1 JGG, between the ages of 14 and 17, generally criminally responsible if they possess the necessary understanding. Children under 14 are not criminally responsible and cannot be prosecuted under the Criminal Code or the Juvenile Court Act. In the case of juveniles, it is reviewed on a case-by-case basis whether the required maturity exists to recognize the wrongfulness of the act and act accordingly. If there are doubts about their insight or self-control, an expert opinion is obtained. Young adults between 18 and 20 years may, in exceptional cases, be prosecuted under juvenile criminal law if the court identifies a youth-typical lack of maturity or motivation for the offense. Thus, age as well as individual responsibility and insight are decisive at the time of the offense.
What distinguishes juvenile criminal law from adult criminal law?
Juvenile criminal law differs from adult criminal law in several essential aspects. At its core is the educational concept rather than pure punishment. Sanctions are designed to positively influence juveniles and prevent future offenses. Accordingly, the ranges of punishment and types of sanctions in the JGG are designed differently and offer more options, such as educational measures, disciplinary measures, and juvenile detention. Another characteristic is the procedure itself: it is less formalized, the main hearing is usually held in camera (§ 48 JGG), and the court has considerable discretion. Convictions of juveniles are not included in the certificate of conduct for longer periods, or not at all (§ 32 BZRG). The decision as to whether juvenile or general criminal law applies depends on the age, maturity, and circumstances of the offense.
Can a juvenile sentence have consequences in adulthood?
A juvenile sentence and other measures under the Juvenile Court Act can also have effects later on. In principle, convictions are entered in the juvenile criminal record but not necessarily transferred to the police certificate of conduct, provided there are no further serious offenses (§ 32 BZRG). In certain situations, such as applications for public service or specific professions, an extended certificate of conduct can be required and previous convictions may become visible. Moreover, in future criminal proceedings in adulthood, a previous conviction may play a role, e.g., for sentencing or assessment of recidivism. A juvenile sentence can also affect ongoing training, university admission, or obtaining a driver’s license if authorities become aware of the entries. However, the concrete consequences always depend on the individual case and the nature of the sanction imposed.
What procedural rights do juveniles have in criminal proceedings?
Juveniles are entitled to comprehensive procedural rights in juvenile criminal proceedings to ensure a fair and lawful process. From the stage of preliminary investigation, juveniles have the right to legal counsel; in certain cases, a defense attorney must be assigned (§ 68 JGG, § 140 StPO), for example in cases of serious accusations or detention in a juvenile correction facility. Juveniles have the right to be informed of the allegations against them and to comment. They may submit motions, name evidence, and lodge appeals against court decisions. Legal guardians and statutory representatives must generally be included in the proceedings and summoned to the hearing (§ 67 JGG). The proceedings are designed to avoid overwhelming the juvenile; therefore, hearings typically take place in private and in a youth-appropriate environment. Juveniles also have the right to interpreter services if they do not sufficiently understand the German language.
Can parents be held liable for a juvenile offense?
Legally, parents cannot be held directly criminally responsible for a juvenile offense committed by their child. Every person is responsible for their own offenses, and this applies in juvenile criminal law only from the age of 14. However, in certain cases, parents may be civilly liable, for example if they have breached their duty of supervision and this results in harm to a third party (§ 832 BGB). If it is proven, for instance, that parents negligently failed in their supervisory duties in such a way that it led to the commission of an offense, they may be held liable for damages. However, criminal responsibility remains with the child or juvenile. In very rare cases, the family court may take action against the parents under its protective mandate (§ 1666 BGB) if the well-being of the child is endangered by their conduct or neglect.
Under what conditions can juvenile proceedings be discontinued?
Juvenile criminal proceedings can be discontinued under various circumstances, particularly if the guilt is considered minor or the public interest in prosecution ceases (§§ 45, 47 JGG). The public prosecutor may terminate proceedings already at the investigation stage, especially in cases of first-time or minor offenses. This is often linked to certain requirements, such as an apology, restitution, completion of community service, or participation in educational measures. Even after charges have been filed, but before the main hearing begins, proceedings can be discontinued if education, admonition, or requirements are deemed sufficient. This generally requires that the juvenile confesses, shows remorse, and the offense is not a particularly serious crime (such as a serious violent or sexual offense). The principle of discontinuing proceedings serves to address misconduct early and without stigmatizing main hearings and to prevent a criminal career whenever possible.
