Simplified juvenile proceedings in German juvenile criminal law
Das Simplified juvenile proceedings is a special procedural institution in German juvenile criminal law. It serves to punish less serious offenses quickly, clearly, and efficiently in terms of resources. Its legal basis is Section 76 of the Juvenile Court Act (JGG). The procedure differs significantly from regular juvenile criminal proceedings both in its requirements, process, and legal consequences.
Legal foundations
The simplified juvenile procedure is regulated in Sections 76 et seq. JGG. Its aim is the efficient handling of straightforward cases without severe sanctions and with reduced procedural effort. It applies specifically to minor and adolescent defendants (ages 14 up to and including 20).
Requirements according to Section 76 JGG
The simplified juvenile procedure can only be applied under certain conditions:
- The minor or adolescent must be suspected of an offense for which no juvenile penalty is anticipated, or a rehabilitative or security measure is to be ordered.
- The offense must not be among the more serious crimes; capital offenses and the most serious offenses are excluded.
- The procedure requires an application by the public prosecutor’s office. The court is not authorized to initiate the procedure on its own.
Process and special features of the procedure
The simplified juvenile procedure differs significantly from normal proceedings before the juvenile court in several aspects:
Expedited process
The procedure is aimed from the outset at a swift conclusion. The hearing takes place—where possible—in a single session, and evidence requests can be limited to what is strictly necessary. The goal is a clear and prompt decision on educative measures or disciplinary means.
Confidentiality and participation rights
As in the entirety of juvenile criminal law, proceedings are generally closed to the public and press to protect the juvenile. The procedure takes place before the juvenile judge without lay judges.
Procedural simplifications
- No preliminary investigation is required; an indictment can be omitted.
- The notice period for hearings can be reduced.
- The hearing may be conducted without the presence of the public prosecutor’s office unless it participates voluntarily or at the request of the court.
- Juvenile court assistance continues to play a significant role; it should participate in all hearings.
Defense and legal remedies
Although the procedure is simplified, the accused is fundamentally entitled to a defense lawyer. Court-appointed defense is, however, only provided under the conditions of Section 68 JGG in conjunction with Section 140 of the German Code of Criminal Procedure (StPO). Appeals against the judgment are permitted (Section 312 StPO, Section 55 JGG).
Legal consequences and sanctions
Only certain sanctions may be imposed in simplified juvenile proceedings. Only those measures that do not involve deprivation of liberty are possible:
- Educational measures under Section 9 JGG (such as requirements, instructions, supervision orders).
- Disciplinary measures under Section 13 JGG (warning, orders, juvenile detention).
- A juvenile sentence may, as a rule, not be imposed.
Juvenile detention as a disciplinary measure is possible in exceptional cases, provided it is proportionate in type and scope and other, less intrusive sanctions appear inappropriate.
Distinction from ordinary and expedited juvenile proceedings
Simplified juvenile proceedings stand alongside the ordinary juvenile proceedings as well as the so-called expedited proceedings (Section 417 StPO, Section 78 JGG), which is generally inadmissible for juveniles. The simplified juvenile procedure is applied to minor offenses that can be resolved without extensive evidence gathering. As soon as more serious measures are considered, the ordinary procedure is mandatory.
Significance and practical application
The use of the simplified juvenile procedure is a key instrument for relieving the justice and youth welfare systems. It allows a swift response to the offense and supports the pedagogical goal of the JGG, as the connection between the offense and the sanction can be implemented promptly.
In practice, the procedure is primarily used in cases of minor offenses such as shoplifting, minor property damage, or fare evasion. The rapid and transparent procedure offers the advantage that preventive and educational interventions can take place without lengthy proceedings.
Critique and reform considerations
A key criticism is the risk that decision-making processes in the simplified juvenile procedure may become too schematic and insufficiently individualized. There is also a risk that the educational aspect behind comparatively swift sanctions may be neglected. In legal scholarship, adjustments to various aspects of the simplified juvenile procedure are regularly proposed.
Summary
The simplified juvenile procedure pursuant to Sections 76 et seq. JGG is an independent, streamlined procedure in juvenile criminal law that applies exclusively to less serious offenses. It relies on accelerated processes, reduced procedural effort, and non-custodial sanctions. The procedure is designed to enable a pedagogically sensible and swift response to juvenile offenses in order to strengthen their educational effect and promote the sustainable integration of young people into society.
Frequently asked questions
Who is entitled to provide defense in simplified juvenile proceedings, and is court-appointed counsel mandatory?
In simplified juvenile proceedings, there is generally no obligation for legal representation as there might be in regular juvenile criminal proceedings in cases of serious offenses or pre-trial detention. However, the court may, in some cases, consider defense by a Rechtsanwalt necessary, for example, where the factual or legal situation is particularly complex, or if the proceedings could have serious consequences for the juvenile despite their simplified nature. Court-appointed counsel will be assigned if there is a case of mandatory defense as defined by Section 68 JGG (Juvenile Court Act); this is very rare in simplified juvenile proceedings.
Can all criminal offenses be prosecuted in simplified juvenile proceedings?
Only certain, less serious offenses may be prosecuted in simplified juvenile proceedings. According to Section 76 (1) JGG, this procedure is limited to misconduct deemed by the public prosecutor and the court to require only educational measures, disciplinary means, or juvenile detention. Serious crimes, especially felonies or offenses for which a custodial sentence exceeding certain thresholds is to be expected, must not be handled in simplified juvenile proceedings. In other words, offenses likely to lead to juvenile imprisonment or with serious harm are generally excluded.
Is the public prosecutor always present at the main hearing in simplified juvenile proceedings?
According to Section 76 (1) Sentence 2 JGG, the presence of the public prosecutor in the main hearing of simplified juvenile proceedings is generally not required. The prosecutor may remain absent from the hearing, but must be informed of the proceedings beforehand. The prosecutor retains the right to request or demand the conduct of the main hearing and to appear in person if deemed necessary. The absence also serves to facilitate the simplified and expedited nature of the proceedings; however, the prosecutor’s rights are safeguarded through prior notification and the ability to object.
To what extent are appeals admissible against decisions in simplified juvenile proceedings?
An appeal is permissible against decisions in simplified juvenile proceedings pursuant to Section 55 (1) JGG, unless explicitly excluded (such as with certain educational measures). Moreover, an appeal on points of law (revision) against the judgment of the juvenile judge is also possible, especially in cases of violations of procedural rules or substantive law. Legal remedies in these proceedings are governed by the general provisions of the Code of Criminal Procedure (StPO), combined with specific juvenile court regulations, such as consideration of the educational concept and the interests of the juvenile. Deadlines and formalities must be observed, and legal representation may be required for appeals on points of law.
Are simplified juvenile proceedings public?
In accordance with Section 48 JGG, the main hearing in simplified juvenile proceedings is held excluding the public. This applies regardless of the nature of the alleged offense, as long as it is a juvenile proceeding. The non-public nature serves to protect the personality and development of the juvenile as well as to avoid stigmatization. Exceptions—such as allowing journalistic reporting upon application or the presence of specialized personnel (e.g., youth court assistance)—remain unaffected but are exceptional and subject to individual court review.
What sanctions can be imposed in simplified juvenile proceedings?
According to Section 76 JGG, only educational measures (e.g., directives, supervision), disciplinary measures (warnings, orders, juvenile detention), and so-called short-term detention may be imposed in simplified juvenile proceedings. The imposition of a juvenile sentence is explicitly excluded. Sanctions are always imposed under strict application of the pedagogical principle and observance of statutory limits; they are intended to have an educational effect on the juvenile and, where possible, prevent further offenses. The decision is made by the juvenile judge at their discretion, considering the individual developmental stage.
Can a private prosecution be asserted in simplified juvenile proceedings?
The private prosecution, as provided for victims of certain offenses in the Code of Criminal Procedure, is generally not applicable in simplified juvenile proceedings. According to the system of the Juvenile Court Act, private prosecution is overall heavily restricted or excluded in juvenile criminal law, as the focus is on education and rehabilitation of the juvenile offender and less on criminal retribution and victim participation. Victims’ rights, particularly claims for compensation or pain and suffering, can be asserted outside of criminal proceedings in civil courts. The participation rights of victims are even more restricted in simplified than in main juvenile proceedings.
