Definition and legal classification of the juvenile public prosecutor
Der Juvenile public prosecutor is a function within the public prosecutor’s office, specializing in the prosecution and sanctioning of criminal offenses committed by juveniles and young adults aged between 14 and under 21 years. The term originates from the Juvenile Courts Act (JGG) and describes the role of the public prosecutor’s office within the framework of juvenile criminal law in Germany. The legal status, tasks, and powers of the juvenile public prosecutor are Specifically tailored to juvenile criminal proceedings, which fundamentally differ from the general rules of adult criminal law.
Legal Basis
Jurisdiction under the Juvenile Courts Act (JGG)
The tasks and powers of the juvenile public prosecutor are essentially governed by the Juvenile Courts Act (JGG). According to Section 37 JGG, special departments are established within the public prosecutor’s office for handling juvenile criminal cases, in which juvenile public prosecutors work. The assignment is made by the head of the respective public prosecutor’s office.
Assigned responsibilities and role
The juvenile public prosecutor is responsible for managing and conducting investigations against juveniles (aged between 14 and 18) and young adults (aged between 18 and under 21), provided that juvenile criminal law applies. The juvenile public prosecutor decides on
- the initiation and conduct of investigations
- measures of pre-trial detention
- discontinuation of proceedings under discretionary provisions
- preferring charges and participating in the main hearing before the juvenile court
Tasks and powers of the juvenile public prosecutor
Special responsibilities in juvenile criminal proceedings
In juvenile criminal proceedings, the juvenile public prosecutor encounters additional provisions, which differ substantially from adult criminal law. Core duties include:
- Consideration of the educational approach (§ 2 JGG)
- Review of the application of diversionary measures (discontinuation under conditions pursuant to § 45, § 47 JGG)
- Cooperation with juvenile court assistance, police, schools, and youth welfare offices
- Decision on access to files and parental/legal guardian involvement in the proceedings
- Initiation and supervision of educational measures and sanctions
- Requesting juvenile court measures (e.g. juvenile detention, juvenile sentence, instructions)
Participation in the main hearing
In the main hearing, the juvenile public prosecutor is required to give special consideration to measures that are suited to influence the development and education of the young offender. They also take a consultative role in selecting the judicial measures.
Specific legal framework conditions
Investigation and procedure design in juvenile criminal law
The investigation under the direction of the juvenile public prosecutor must always take into account the so-called educational approach. This means that the goal is not only to impose punishment but, in particular, to promote the positive development of the accused. For this reason, the JGG contains numerous provisions allowing for alternative measures (such as discontinuations or diversion) to be preferred over prosecution.
Cooperation with other institutions
According to Section 38 JGG, the juvenile public prosecutor must work closely with authorities and institutions that may influence the education of the young person. These include in particular:
- Juvenile court assistance
- Probation assistance
- Youth welfare offices
- Schools
- Psychological and psychiatric experts
The purpose of this cooperation is especially to gain insights into the personality, development, environment, and educational needs of the affected individual.
Specific features and characteristics of juvenile criminal proceedings
Diversion and discontinuation of proceedings
A key feature of juvenile criminal law is the option of diversion, meaning measures through which the proceedings can be discontinued due to minor guilt or successful educational intervention. The juvenile public prosecutor independently decides on the requirements and form of such measures, usually in coordination with the juvenile court assistance.
Differences from general criminal proceedings
The juvenile public prosecutor works within a framework characterized by numerous special procedural regulations. These include:
- Exclusion of the public (§ 48 JGG)
- Mandatory presence of legal guardians
- Facilitated requirements for discontinuing the proceedings
- Priority of educational measures over imprisonment
Position within the public prosecutor’s office
Juvenile public prosecutors are regular members of the public prosecutor’s office with a special assignment. They have the same powers and duties as other members but are responsible for proceedings with juvenile and young adult defendants. To optimally perform their duties, they regularly receive further training in juvenile criminal law and educational measures.
Objectives and significance
The juvenile public prosecutor plays a key role in juvenile criminal law by ensuring that the purpose of juvenile criminal proceedings—namely, supporting individual development and preventing harmful influences—is maintained throughout the investigation and main hearing. Thus, the work not only serves the enforcement of the law, but above all the protection and promotion of young people under specialized criminal law.
Literature and further sources
- Juvenile Courts Act (JGG)
- Code of Criminal Procedure (StPO)
- Commentaries on the Juvenile Courts Act (various publishers)
- Justice ministries of the federal states – Guides to juvenile criminal law
The juvenile public prosecutor thus occupies an independent and important role within German criminal justice, effectively implementing the goals and principles of juvenile criminal law and promoting cooperation with other institutions for the benefit of juvenile defendants.
Frequently Asked Questions
What are the special responsibilities of a juvenile public prosecutor compared to a prosecutor in adult criminal law?
A juvenile public prosecutor within the public prosecutor’s office specializes in cases conducted under the Juvenile Courts Act (JGG) against juveniles (aged 14 to under 18) and, in part, young adults (aged 18 to under 21). Their main task is not only criminal prosecution but also an assessment based on educational considerations. In the course of investigation and bringing charges, the juvenile public prosecutor must always consider whether, in addition to guilt, developmental deficits, the social environment, the need for education, and educational measures are at the forefront. This includes close cooperation with juvenile court assistance, family members, schools, and other institutions. During investigations, they thoroughly review all circumstances that speak for or against the application of juvenile criminal law and are obliged to focus on special prevention over general prevention. Additionally, the juvenile public prosecutor may discontinue proceedings under § 45, 47 JGG, for example, in cases of minor guilt or when young people accept measures outside the criminal proceedings. Accordingly, they also have significant influence on the design of sanctions.
How is a juvenile public prosecutor appointed, and are there special qualifications required?
Appointment as a juvenile public prosecutor takes place through the internal allocation of responsibilities within the respective public prosecutor’s office. Generally, especially experienced prosecutors suitable for juvenile criminal cases are entrusted with this task, as handling such cases requires in-depth knowledge of juvenile criminal law and particular sensitivity to educational measures. There is no statutory requirement for formal additional qualifications, but further training in juvenile criminal law and social pedagogy is often expected or encouraged. Practical experience dealing with youth-typical offenses and cooperation with youth-specific institutions is expected. The suitability and assignment ultimately lie with the head of office (chief public prosecutor).
What duties of cooperation and powers does the juvenile public prosecutor have during investigations?
In juvenile criminal proceedings, the juvenile public prosecutor has more extensive cooperation obligations than in general criminal proceedings. Even during the investigation, they are required to conduct personal hearings of the accused in the presence of juvenile court assistance (§ 38 JGG) to obtain a comprehensive picture of the juvenile’s personality and living circumstances. The juvenile public prosecutor conducts the investigation independently or by way of the police, and may discontinue proceedings under §§ 45, 47 JGG at his or her discretion if public interest in prosecution is denied. They have the right to obtain expert opinions, in particular regarding culpability and developmental deficiencies. In addition, they can suggest that the accused receive psychosocial help or therapeutic measures. Throughout the proceedings, the juvenile public prosecutor is always in contact with the juvenile court assistance and incorporates their statements into their considerations.
To what extent does the indictment behavior of a juvenile public prosecutor differ from that in adult criminal law?
The behavior of juvenile public prosecutors with regard to indictments is substantially shaped by the priority of the educational approach over any punitive sentiment. The juvenile public prosecutor weighs more carefully whether to bring charges or consider alternatives, such as discontinuation of proceedings, if less intrusive measures appear appropriate. While punishment is paramount for adults, the juvenile public prosecutor scrutinizes whether the prosecution would actually serve the educational goal, or whether educational measures should instead take precedence. Furthermore, for juveniles, they generally will not apply for penalty orders, as the JGG excludes summary proceedings and always provides for a main hearing with personal participation (§ 50 JGG). Where charges are brought, they place special emphasis on a comprehensive factual report that covers not only the offense but, above all, the personality, social environment, and development perspectives.
What is the role of the juvenile public prosecutor in the main proceedings before the juvenile court?
In the main proceedings, the juvenile public prosecutor serves as the representative of the prosecution, but also makes proposals regarding educational measures and maintains close contact with the juvenile court assistance. During the main hearing, they must always keep the welfare of the young person in mind. Duties include questioning witnesses, submitting evidence motions, and making procedural requests. A special feature is that the juvenile public prosecutor may also draw the court’s attention to social deficits, necessary assistance, or support needs. Juvenile public prosecutors often are less insistent on punishment and instead file applications for educational measures (e.g., work orders, supervision instructions, community service). For young adults, they always consider whether juvenile or adult criminal law should apply and present the court with an assessment.
What are the special features of communication and cooperation between the juvenile public prosecutor and the juvenile court assistance?
Cooperation and communication with juvenile court assistance is a main pillar of juvenile criminal proceedings. The juvenile public prosecutor is obliged to discuss educational and social aspects with juvenile court assistance, obtain their statements, and include these in decision-making. Juvenile court assistance reports to the juvenile public prosecutor on the young defendant’s life circumstances, personality, family background, and any possible support needs. The juvenile public prosecutor can consult with them about possible conditions, outpatient measures, and necessary assistance. Solutions are developed together, such as referral to community service, family support measures, or therapeutic interventions. All this takes place with strict observance of data protection and the principle of confidentiality.
By what standards does the juvenile public prosecutor decide on requests for pre-trial detention?
A request for pre-trial detention against juveniles is subject to particularly strict standards. The juvenile public prosecutor may only file such a request if the requirements of §§ 112, 112a StPO are met and no less severe measures are available. Due to the principle of proportionality and the educational aim of juvenile criminal law, pre-trial detention is subject to stringent conditions. Special provisions apply to juveniles (§ 72 JGG): It is only admissible if it is indispensable and other measures, such as supervision by juvenile court assistance or temporary placement, are insufficient. The juvenile public prosecutor must also demonstrate that pre-trial detention is pedagogically justifiable and that all efforts have been made to keep the accused at liberty. The grounds for detention (risk of flight, risk of collusion, risk of recidivism) must be reviewed particularly critically and always in coordination with juvenile court assistance.
