Juvenile Criminal Law

A criminal investigation involving a young person usually has implications beyond the criminal charges themselves. It can affect school, vocational training, college, family, and youth welfare services. For legal classification, the age at the time of the alleged offense is the primary factor: According to Section 1(2) of the German Juvenile Court Act (JGG), a “juvenile” is someone who was 14 but not yet 18 years old at the time, and a “young adult” is someone who was 18 but not yet 21 years old. Children under the age of 14 are not criminally liable; in the case of juveniles, their capacity for responsibility must also be assessed in accordance with Section 3 of the JGG.

Juvenile criminal law incorporates the criminal offenses defined in general criminal law but combines them with its own rules regarding liability, procedures, and legal consequences. According to Section 2(1) of the Juvenile Criminal Justice Act (JGG), its application is primarily intended to prevent recidivism; therefore, proceedings and legal consequences must be guided first and foremost by the principle of rehabilitation. This does not mean automatic leniency or a rigid assessment based solely on age—the decisive factors are the offense, the individual’s personality, their development, and their living conditions.

Under Section 136(1) of the Code of Criminal Procedure (StPO), the accused has the right to remain silent and to consult with a defense attorney before being questioned. These rights belong to the young person himself or herself; parents or other relatives cannot decide on his or her behalf whether to make a statement. In addition to the alleged offense, I assess the youth’s age and level of maturity, the requirements for mandatory defense counsel, the parents’ rights to participate, the findings of the juvenile court services, and the potential consequences under juvenile criminal law.

An Overview of the Topics

Age Groups — Adolescents and Young Adults

Juvenile criminal law applies to youths between the ages of 14 and 17. However, according to Section 3 of the Juvenile Criminal Code (JGG), criminal responsibility exists only if the youth was mature enough at the time of the offense to recognize its wrongfulness and to act in accordance with that understanding. The decisive factors are the individual’s specific level of development and the demands of the offense in question—maturity sufficient for criminal responsibility does not follow from age alone.

For young adults between the ages of 18 and 20, the classification is open. According to Section 105(1) of the Juvenile Criminal Code (JGG), juvenile criminal law applies if a comprehensive assessment of the individual’s personality and environmental conditions indicates that, at the time of the offense, the person’s moral and mental development was still comparable to that of a juvenile—or if, based on the nature, circumstances, and motives, the act constitutes a juvenile offense. Otherwise, general criminal law applies. The difference in outcome between these two approaches can often amount to years.

This assessment is not based on a single impression. Factors such as independence, social development, life planning, separation from the parental home, conflict resolution, and the context of the offense within the defendant’s life at the time may be significant. The Federal Court of Justice has also emphasized more recently that classification under § 105 of the Juvenile Court Act (JGG) requires a sound assessment of the specific stage of development—for example, in the judgment of February 2, 2023, 5 StR 285/22. A brief statement in the judgment does not suffice for this.

Preliminary and Main Proceedings — Testimony and Defense

The right to remain silent under Section 136(1) of the Code of Criminal Procedure (StPO) also applies in juvenile criminal proceedings: The accused is not required to make any statements regarding the matter to either the police or the public prosecutor’s office and may consult with a defense attorney at any time. In the case of juveniles, the instructions and information provided under §§ 70a through 70c of the Juvenile Court Act (JGG) must be given in a manner that takes into account the juvenile’s age and level of understanding—it is worth examining whether this has been done.

The requirement for legal representation is not based solely on § 140 of the Code of Criminal Procedure (StPO). Section 68 of the Juvenile Court Act (JGG) provides for additional cases: among other things, when a defense attorney would also be required in adult proceedings, when the rights of the legal guardians have been revoked or are not sufficiently safeguarded, or when placement for the purpose of assessing the minor’s developmental status is being considered. In these cases, pursuant to § 68a(1) of the Juvenile Court Act (JGG), a public defender must generally be appointed no later than before an interrogation or a line-up; § 68b JGG provides for strictly limited exceptions. An interrogation conducted without a defense attorney, even though one should have been appointed, is therefore a separate point of review.

The proceedings themselves also differ. Under Section 43 of the Juvenile Court Act (JGG), the juvenile’s personality, development, and living conditions are also examined to the extent necessary for the decision. Pursuant to Section 48(1) of the JGG, the trial of a juvenile—including the pronouncement of the judgment—is generally not open to the public; in the case of young adults, public access may be excluded pursuant to Section 109(1) of the JGG if this is in their best interest.

Parents, Legal Guardians, and Juvenile Court Services

Parents and legal guardians are not mere spectators in juvenile criminal proceedings. Under Section 67(1) of the Juvenile Court Act (JGG), they have their own rights to be heard, as well as to ask questions and file motions, to the extent that the accused juvenile also has such rights. However, these powers exist alongside the juvenile’s rights; they do not replace them—in particular, parents do not have the authority to decide on the right to remain silent.

Participation may also be restricted. The court may temporarily exclude parents or legal guardians from the main hearing under the conditions set forth in § 51 of the Juvenile Court Act (JGG), for example, if their presence is likely to cause significant harm to the young person’s well-being or could impair the determination of the truth. Conflicts of interest occur more frequently than assumed: in cases involving allegations of criminal conduct within the family or when family members themselves are witnesses, victims, or co-defendants.

Youth court services are provided by the youth welfare offices. Pursuant to Section 38 of the German Juvenile Court Act (JGG), they contribute to the proceedings by providing information regarding the young person’s personality, development, family and social circumstances, as well as potential services available under youth welfare law; during the main hearing, its representative is granted the floor upon request, pursuant to Section 50(3) of the JGG. It supports the young person—but it is not his or her defense counsel, and its reports can carry significant weight in determining the legal outcome. What is said there regarding the matter is later included in the case file.

Diversion and Dismissal — Proceedings Without a Judgment

The Juvenile Court Act provides specific avenues for concluding proceedings without a judgment. Before filing charges, the public prosecutor’s office may, pursuant to § 45(1) JGG, refrain from prosecution if the conditions set forth in § 153 StPO are met. Under § 45(2) of the JGG, the public prosecutor’s office shall refrain from prosecution if an educational measure has already been implemented or initiated and neither judicial involvement nor an indictment appears necessary; Section 45(3) of the JGG allows for the dismissal of the case following a judicial admonition or upon fulfillment of ordered measures.

If charges have already been filed, the court may dismiss the case under the conditions set forth in § 47 of the Juvenile Court Act (JGG). In such cases as well, factors such as minimal culpability, educational measures already initiated, or judicial intervention may be relevant. This is not an automatic process: the alleged offense, the evidence, the minor’s capacity for responsibility, prior proceedings, and the educational response that has already taken place must be evaluated separately. The timing of when a measure is initiated can also influence the outcome.

However, these proceedings are not without consequences. Even dispositions under Sections 45 and 47 of the Juvenile Court Act (JGG) may be entered in the juvenile record pursuant to Section 60 of the Federal Register of Juvenile Offenses (BZRG). Unlike a criminal conviction, however, they generally do not appear on a standard certificate of good conduct.

Educational Measures, Disciplinary Measures, and Juvenile Sentences

Section 5 of the JGG distinguishes between three levels. According to Sections 9 through 12 of the JGG, educational measures primarily include directives and educational assistance—directives may pertain to the offender’s place of residence, social skills training courses, work assignments, or restitution to victims. They must be appropriate and reasonable, and, pursuant to § 11(1) of the JGG, their duration may generally not exceed two years.

Under Section 13 of the Juvenile Court Act (JGG), corrective measures include a warning, conditions, and juvenile detention; pursuant to Section 16(4) of the JGG, the duration of detention is at least one week and at most four weeks. A juvenile sentence, on the other hand, is a sentence of imprisonment. According to § 17(2) of the JGG, it is imposed when other measures are insufficient due to harmful tendencies evident in the offense, or when a sentence is necessary due to the severity of the guilt. The minimum term is six months; the maximum term is generally five years, and ten years for certain serious crimes under Section 18(1) of the JGG.

The threshold for a juvenile sentence is thus a matter of legal reasoning, and the courts take it seriously. In its decision of February 20, 2024, 1 StR 30/24, the Federal Court of Justice confirmed that “harmful tendencies” require significant deficiencies in upbringing or education that, without prolonged comprehensive rehabilitation, give rise to fears of further criminal offenses. A mere reference to previous instances of misbehavior is not sufficient for this purpose.

Pretrial Detention and Review of Detention

Pretrial detention for juveniles also requires strong suspicion of a crime and a legal basis for detention. In addition, Section 72(1) of the Juvenile Court Act (JGG) stipulates that it may only be imposed and enforced if its purpose cannot be achieved through a provisional order regarding the juvenile’s upbringing or other measures. This priority of less severe measures must be specifically examined and taken into account in the arrest warrant—a requirement that is often overlooked.

For minors under the age of 16, additional restrictions apply to arrest warrants based solely on the risk of flight. Age, stage of development, family ties, school or vocational training status, and the actual availability of care options can be decisive factors in determining proportionality. The seriousness of the charge does not replace either the grounds for detention or the consideration of less severe measures.

Pursuant to § 72a of the Juvenile Court Act (JGG), the Juvenile Court Assistance Service must be notified immediately of the execution of an arrest warrant, and § 72b of the JGG grants its representatives special access to the accused in detention matters. In the case of juveniles, pretrial detention pursuant to § 89c of the German Juvenile Court Act (JGG) is to be served, whenever possible, in facilities for young inmates.

Registration, Education, and Other Areas of Life

Decisions under juvenile criminal law are treated differently for registration purposes. Educational measures, disciplinary measures, and dismissals pursuant to Sections 45 and 47 of the Juvenile Court Act (JGG) are generally entered into the Educational Register pursuant to Section 60 of the Central Criminal Register Act (BZRG), unless an entry in the Central Register is required. Pursuant to § 63(1) of the Federal Criminal Records Act (BZRG), these entries are generally removed as soon as the person concerned reaches the age of 24—however, removal may be withheld as long as certain convictions or measures involving deprivation of liberty remain in the Central Register.

A juvenile criminal conviction, on the other hand, is generally entered into the Central Register. Whether it appears on a certificate of good conduct is governed by §§ 32 et seq. of the BZRG and depends on the nature and severity of the legal consequence, possible exceptions, other entries, and the purpose of the certificate. The widespread assumption that juvenile criminal justice decisions are always hidden is therefore incorrect.

An entry does not automatically result in consequences for school, vocational training, college, a driver’s license, residency, or a work permit. These consequences depend on the specific decision, statutory notification requirements, and the requirements of the respective field. Given the varying legal regulations, it is not possible to make a general statement about which decision might affect any particular vocational training program or job application.