Definition and Legal Classification of the Extended Detention (Dauerarrest)
The term ‘Dauerarrest’ refers in German law to a specific form of deprivation of liberty, primarily applicable within juvenile law. Extended detention differs from other forms of arrest as well as from imprisonment, and it features particular legal requirements, objectives, and areas of application. The regulation and application of Dauerarrest are chiefly governed by the Juvenile Court Act (Jugendgerichtsgesetz, JGG).
Legal Definition and Statutory Basis
The extended detention (Dauerarrest) is regulated in Sections 16 et seq. of the Juvenile Court Act (JGG) and represents a specific form of juvenile detention. In contrast to short-term or weekend detention, Dauerarrest is imposed for a longer period, but must not exceed the maximum period stipulated by law.
Distinction from Other Forms of Detention
The JGG differentiates between various types of detention:
- Weekend Arrest: Imposed on weekends to vividly demonstrate the consequences of their misconduct to juveniles.
- Short-term Arrest: Short-term deprivation of liberty, usually limited to a few days.
- Extended Detention: Distinguished by its longer duration, which ranges from one to a maximum of four weeks (§ 16 I JGG).
In contrast to these forms of juvenile detention, juvenile imprisonment is intended to sanction more serious or repeated offenses and is subject to a minimum period of six months. Therefore, Dauerarrest is classified as a less severe response to juvenile delinquency.
Requirements for the Imposition of Extended Detention
Offense- and Offender-related Requirements
Extended detention may, pursuant to § 16 JGG, be ordered against juveniles (14 to under 18 years) or young adults (18 to under 21 years), provided that criminal responsibility is affirmed. Prerequisites for imposing it include particularly serious or repeated misconduct that can no longer be adequately addressed by educational measures, disciplinary means such as short-term or weekend arrest, or even a warning.
Objective of Extended Detention
The aim of extended detention is to exert an educational influence on the young person and reduce the motivation to commit further offenses. It is intended to be educationally effective and to serve as both a deterrent and a lesson without negatively affecting the juvenile’s personality.
Scope and Duration of Detention
The duration of extended detention must be proportionate to the wrongdoing committed and to the development and educational needs of the individual concerned. The legally permissible maximum duration is four weeks in accordance with § 16 I JGG. Detention beyond this period is not permitted by law.
Procedural Particularities
Order and Execution
The ordering of extended detention is carried out by the juvenile court in a formal proceeding. The relevant juvenile court examines whether less severe measures (e.g., educational measures, fines) are insufficient and carefully weighs the personal, social, and offense-related circumstances of the juvenile.
Execution of extended detention takes place in special juvenile detention facilities focused on educational measures, socio-pedagogical support, and individual development. During detention, juveniles receive educational assistance and, as far as possible, are introduced to societal rules and structures.
Legal Remedies Against the Order
Legal remedies against the order of extended detention may be pursued according to the general provisions of the JGG and the Code of Criminal Procedure (StPO). In particular, an appeal may be filed under § 55 JGG, or—where there are severe intrusions—a revision.
Impacts and Significance in Practice
Educational Function and Social Significance
Extended detention occupies a middle position within the juvenile sanctioning system. Its aim is not solely punishment but, above all, the educational development of young people demonstrating problematic social behavior. Studies and practical experience indicate that carefully applied extended detention, under certain circumstances, can have positive effects on the development and recidivism rates of juvenile offenders, provided that it is supplemented with socio-pedagogical interventions.
Statistical Prevalence
Extended detention is imposed relatively rarely compared to other types of juvenile detention. The majority of juvenile court decisions favor educational measures or less invasive disciplinary means.
Legal Policy Debates and Criticism
The application and structuring of extended detention are the subject of ongoing legal policy debate. Critics point to a potential conflict with the educational objectives of juvenile criminal law posed by measures involving the deprivation of liberty, and they advocate for an even stronger focus on individualized, socio-pedagogical solutions. Proponents, on the other hand, consider extended detention to be a necessary educational tool for appropriately responding to particularly serious violations.
Extended Detention in the Juvenile Detention Act
With the entry into force of the Juvenile Detention Act (JStVollzG), additional requirements were established regarding the design and implementation of deprivation of liberty for juveniles. The principles of upbringing and welfare, especially with regard to the protection of human dignity, medical care, and individual support during detention, also apply to extended detention.
International Comparison
Comparable measures involving deprivation of liberty for juveniles exist in many European countries, but the duration and design often differ considerably. The German regulation of extended detention is considered particularly strictly regulated and focused on the educational welfare of the juvenile.
Further Reading and Supplementary Regulations
In-depth information on extended detention can be found in particular in commentaries on the Juvenile Court Act, publications on juvenile criminal law, and current scholarly analyses of juvenile detention.
Conclusion:
Extended detention is a legally defined measure of juvenile detention in German law. It is intended to exert an educational influence on juveniles and young adults in cases of serious or repeated offenses, and is conceived as a milder disciplinary measure compared to juvenile imprisonment. Its imposition is subject to strict legal requirements and numerous protective mechanisms. The application of extended detention is the subject of ongoing legal and social debate concerning the purpose, effectiveness, and educational objectives of juvenile criminal law.
Frequently Asked Questions
What legal requirements must be met for the imposition of extended detention?
Strict legal requirements must be met for the imposition of extended detention, as this measure constitutes a significant interference with fundamental rights, particularly the right to liberty. Prerequisites usually include a legal basis, such as those provided by state police or public order laws, and a specific, present danger that cannot be averted by milder means. Extended detention may only be imposed if a person is particularly uncooperative or refractory, and if there is reason to believe that, without such an order, a significant disturbance of public safety or order would ensue. In addition, a judge’s decision is regularly required (judicial reservation), unless there is imminent danger. Furthermore, the measure must be proportionate, meaning that the use of extended detention must not be excessive in relation to the intended protection.
What procedural safeguards apply to the person concerned in extended detention?
The person concerned enjoys a wide range of procedural safeguards. In particular, they must be granted the right to be heard, giving them the opportunity to address the allegations or the intended measure. In the case of a judicially ordered measure, there is also the possibility to lodge legal remedies, such as an objection or appeal. The decision must be given in writing, stating the main reasons, and the individual must be provided with a legal remedy against the order. Furthermore, the duration of the detention must be determined precisely, and the requirement for continuous review of the legality of the deprivation of liberty applies.
How long may extended detention last at most?
The maximum duration of extended detention is specified by law and varies depending on the legal basis, for example under respective state law. In principle, the relevant regulations provide that the duration may only last as long as necessary for the security purpose, but in practice this is typically a maximum of 14 days, in some exceptional cases up to one month. Any longer deprivation of liberty requires a renewed and particularly thorough judicial review. Once the circumstances justifying the measure no longer exist, detention must be ended without delay. Extensions require a new judicial decision, always observing the principle of proportionality.
In which cases is extended detention inadmissible?
Extended detention is inadmissible if the legal requirements are not met, in particular if there is no specific danger to public safety or order, or if it can be averted by less intrusive measures. If procedural requirements are violated, such as a lack of legal protection or insufficient judicial oversight, the measure is also unlawful. Similarly, extended detention may not be imposed as a substitute for criminal sanctions or as a general preventive measure. The purpose of extended detention must always be clearly defined, handled restrictively, and individualized.
What are the differences between extended detention and police custody?
Extended detention and police custody are both forms of preventive deprivation of liberty, but they differ in purpose and duration. While police custody is often used as a short-term measure to avert danger, such as protecting against self-harm or threats to others, and usually lasts only a few hours to days, extended detention addresses particularly persistent and repeated threats posed by uncooperative individuals, and is explicitly intended for a longer period. Legally, stricter requirements typically apply to the justification, duration, and judicial oversight of extended detention. Documentation and justification requirements for the measure are also more stringent.
Do special detention conditions need to be ensured during extended detention?
Yes, even during extended detention, accommodation is subject to general human rights and rule-of-law standards for detention. This includes upholding the dignity of the detainee and ensuring the separation of prisoners from those in extended detention to avoid mixing criminal and preventive detention. Access to legal counsel, visitation, and medical care must also be guaranteed and documented. Furthermore, the length of extended detention must be reviewed regularly, and any extension must be preceded by a new assessment of proportionality. Special restrictions—such as contact bans or withholding information—require separate legal justification.
