Definition and legal classification of a warning under juvenile criminal law
Die Warning under juvenile criminal law is an independent form of response to offenses committed by juveniles and young adults under German criminal law. It constitutes one of the so-called disciplinary measures in accordance with Section 13 of the Juvenile Courts Act (JGG) and serves as a mild sanction, positioned between a mere finding of guilt and more severe forms of sanction such as juvenile detention. The warning in particular aims to have an educational effect on young offenders and is part of the specific legal instruments of juvenile criminal law, which fundamentally differ from general adult criminal law.
Legal basis of the warning in juvenile criminal law
Statutory provisions according to the Juvenile Courts Act (JGG)
The legal basis for the warning is set out in Sections 13 et seq., in particular Section 14 JGG. These provisions regulate the function and application of the warning as a disciplinary measure within the meaning of juvenile criminal law. Pursuant to Section 14 (1) JGG, the court may, by means of a warning, make the juvenile clearly aware of the wrongdoing of their act without the need for more severe sanctions.
Relationship to other legal consequences
The warning is part of the three-tiered set of responses to offenses committed by young people:
- Educational measures (Sections 9–12 JGG)
- Disciplinary measures (Sections 13–16 JGG)
- Juvenile detention (Sections 17–32 JGG)
It is considered the mildest of the disciplinary measures and must be individually embedded in the overall structure of an appropriate and educationally meaningful response based on individual culpability.
Prerequisites for the imposition of a warning
Personal scope of application
The application of a warning is directed at juveniles (aged 14 to under 18) and also at young adults (aged 18 to under 21), provided the court deems the application of juvenile criminal law appropriate for them (Section 105 JGG).
Material prerequisites
A warning may be considered when:
- The commission of the offense and guilt on the part of the juvenile or young adult have been established,
- The court considers the offense sufficiently serious for a disciplinary measure but not for juvenile detention,
- Educational measures are considered insufficient,
- The court may assume that the judicial reprimand alone is suitable to deter the juvenile from committing further offenses.
No requirement for additional conditions
With the warning, the court may, under Section 15 JGG, impose further conditions to enhance the educational effect (e.g., compensation for damages, an apology to the victim). However, the warning can also be imposed as a stand-alone measure if this is sufficient to influence the juvenile.
Procedure and structure of the warning
Process within the criminal proceedings
The warning is issued during the main hearing or, in certain cases, by decision in written proceedings. The court first establishes the juvenile’s guilt and then issues the warning. The judgment must justify and explain the warning, including any conditions.
Content and effect of the warning
At the core of the warning is the judicial indication of the wrongfulness of the offense and the warning commonly associated with it not to commit further offenses. Thus, a warning carries a distinctly admonishing and educational effect.
Combination with conditions
The law explicitly provides the option to combine the warning with additional conditions. Typical conditions pursuant to Section 15 JGG are:
- Compensation for the damage caused
- Apology to the victim
- Payment of a sum of money to the benefit of a charitable institution
- Performance of community service
Failure to comply with the imposed conditions may have consequences, such as the revocation of the warning and the imposition of another sanction (Section 11(3) JGG, Section 15(3) JGG).
Objectives and significance of the warning
Educational purpose
The primary purpose of the warning is educational, situated within the context of juvenile criminal law’s focus on prevention and rehabilitation. It is assumed that a warning is sufficient—especially for first-time offenders, minor offenses, or individuals with a favorable social prognosis—to prompt insight and deter further offenses.
Practical significance
In practice, warnings are particularly relevant for minor to moderate offenses when educational intervention is required, but a more far-reaching sanction would appear disproportionate. The warning thus also reflects the principle in the JGG that emphasizes upbringing and education over mere retribution or deterrence.
Legal consequences of a warning
Consequences for the criminal record
If a warning is imposed with or without conditions, it may be entered under certain circumstances in the Federal Central Register, but it generally does not appear in the certificate of good conduct (Section 32(2) No. 4 BZRG). This preserves the educational nature of the sanction for juveniles, aiming for a penalty with minimal detrimental impact.
No criminal record in the strict sense
Legally, a warning is not classified as a conviction in the narrower sense. Therefore, it places a lesser burden on the person concerned than juvenile detention or a fine.
Relationship to other sanctions and demarcation
Distinction from educational measures
Compared to educational measures, which are purely preventive and aimed at future behavior (e.g., instructions, assistance for upbringing), the warning represents an officially pronounced reprimand for committed wrongdoing.
Distinction from other disciplinary measures
The warning is the mildest of the disciplinary measures. Disciplinary measures also include arrest for juveniles (Sections 16, 16a JGG) and monetary payment (Section 15(1) Sentence 1 No. 2 JGG), though the latter is only available for young adults.
Literature and web links
Further reading
- BeckOK JGG, Section 14
- Eisenberg, Youth Courts Act. Commentary.
- Diem/Schoreit/Sonnen, Youth Courts Act. Commentary.
See also:
- [Zuchtmittel (Jugendstrafrecht)]
- [Jugendgerichtsgesetz]
- [Jugendgerichtsbarkeit in Deutschland]
Note: This article provides a comprehensive overview of warnings under juvenile criminal law. Please note that the individual application in each case depends on the specific circumstances and the court’s decision.
Frequently asked questions
How long does a warning under juvenile criminal law remain in effect?
A warning pursuant to juvenile criminal law is imposed as an educational measure according to Sections 45, 47, and 59 of the Juvenile Courts Act (JGG) and does not constitute a prior conviction in the classic sense. The warning is recorded in the educational register under Section 60(1) No. 1 of the BZRG (Federal Central Register Act), but is not listed in the certificate of good conduct for private purposes (so-called “simple certificate of conduct”). In the Federal Central Register, the entry for the warning remains for ten years (according to Section 46(1) No. 2 BZRG), unless another comparable entry occurs within this period, which can extend the duration. After the period has expired, the entry is automatically expunged in accordance with Section 46 BZRG and may generally no longer be used to the person’s disadvantage in legal transactions.
Can a warning be combined with additional conditions?
Yes, under Section 14(2) JGG, the court may combine a warning with additional conditions. Typical conditions include compensation for damages, provision of work (social services), or participation in a social training course. The purpose of this combination is to make the juvenile aware of the wrongfulness of the act (educational effect of the warning) and at the same time to oblige them to make amends in a practical way. The conditions must be proportionate and take into account both the personality and developmental stage of the juvenile.
Is a warning under juvenile criminal law visible on the certificate of conduct?
Warnings under juvenile criminal law are generally not entered in the simple police certificate of conduct and are therefore usually not visible to employers, educational institutions, or landlords (Section 32(2) No. 3 BZRG). Even in the extended certificate of conduct, which can be required for activities involving children or juveniles, the warning is typically not included under the same conditions. Only in particularly exceptional cases and with other relevant entries may such visibility occur, which is very rare.
What are the consequences of a warning for further proceedings or future offenses?
In juvenile criminal law, a warning serves as a mild sanction and admonishes the juvenile to change their behavior. Should another offense occur during the expungement period, the previous warning may be considered in the new proceedings. The court can then order more severe measures if it finds that the warning alone did not produce the desired behavioral change. Thus, the warning can influence future judgments, as long as it is recorded and the type of offense is comparable.
Can legal remedies be sought against a warning?
The same legal remedies as for other juvenile criminal law measures are available against a warning pronounced by judgment or order by the juvenile court. This means both appeal and revision are possible. Legal protection is also available in complaint proceedings. As with all legal remedies, statutory deadlines must be observed and the grounds for the complaint must be stated according to the Code of Criminal Procedure (StPO) and the JGG.
When can a warning be considered settled?
A warning is considered settled when it has become final, any associated conditions have been fulfilled, and the expungement period under the BZRG has lapsed. If the juvenile fulfills all duties within the set period, they have met all the court’s requirements. Only after expungement from the Federal Central Register following expiration of the ten-year period—provided no new entries have occurred—is the warning fully resolved in the legal sense.
How does a warning under juvenile criminal law differ from that under adult criminal law?
The warning in juvenile criminal law is an educationally oriented sanction pursuant to Sections 13 and 14 JGG. In adult criminal law, there is the warning with reservation of punishment according to Section 59 StGB, which fundamentally has a different purpose: it is meant to make the perpetrator aware of the punitive nature of their actions without immediately imposing a sentence. In juvenile criminal law, however, the focus is on educational influence and the omission of immediate punishment. The consequences regarding entries and certificates of conduct also differ, as warnings under juvenile criminal law generally have less severe consequences.
