Defense in German juvenile criminal proceedings
When criminal proceedings affect a young person’s future, early defense under German juvenile law matters.
Criminal proceedings against a juvenile or young adult in Germany can affect much more than the immediate question of punishment. School, vocational training, university, family circumstances and future opportunities may all be put under pressure.
Under Section 1 of the German Youth Courts Act (Jugendgerichtsgesetz – JGG), a juvenile is a person who was 14 but not yet 18 at the time of the offence. A young adult between 18 and under 21 may, under Section 105 JGG, still be dealt with under juvenile criminal law depending on development and the nature of the offence.
We represent juveniles and young adults throughout Germany and also guide parents and legal guardians through the process. The first priority is to avoid a premature statement, obtain access to the investigation file and determine which rules of German juvenile criminal law actually apply.
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Nationwide defense under German juvenile criminal law
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What matters now
The first steps in a German juvenile criminal case.
Do not make an immediate statement about the allegation. Keep summonses, letters and other documents and do not attend an interview without first obtaining legal advice. In German juvenile cases, it is particularly important to establish whether the accused is treated as a juvenile or a young adult and which authority is already involved.
Important: Parents and legal guardians can provide essential support, but they should not rehearse statements or coordinate accounts with other people involved. The defense should first know the investigation file.
A police summons as a suspect should not lead to an improvised statement. Even well-intended explanations may later become part of the German investigation file. We first clarify the stage of the proceedings and request access to the file.
Parents and legal guardians have an important role in German juvenile proceedings. Their support is valuable, but it does not replace criminal defense. They should avoid negotiating the allegation directly with police, prosecutors or other participants before the evidence is known.
The Jugendgerichtshilfe, or youth welfare service in criminal proceedings, assesses the young person’s personal and social situation from an educational perspective. It is not the defense. Statements made there should therefore also be considered carefully.
For young adults aged 18 to under 21, a central question is whether Section 105 JGG leads to the application of juvenile criminal law. The assessment may depend on developmental maturity and the nature, circumstances or motives of the offence.
German juvenile proceedings may involve chats, smartphones, social-media material, witness statements, videos or expert reports. We examine how the evidence was obtained, whether it is reliable and whether exculpatory material needs to be secured.
If detention, an arrest warrant or other severe measures are threatened, immediate action is required. In a juvenile case, the special statutory requirements and the young person’s family, school or training situation must also be taken into account.
German juvenile law does not automatically mean a lenient outcome. The JGG provides educational measures, disciplinary measures and, under specific conditions, juvenile imprisonment. The appropriate response depends on the legal and personal circumstances of the individual case.
How we help
Defense of juveniles and young adults under German law
We communicate with German police, prosecutors and courts, obtain access to the investigation file, assess the application of the JGG and build the defense around the actual evidence. We also take account of school, vocational training and other practical consequences where legally relevant.
Intervene early
We become involved as early as possible so that interviews, statements and procedural decisions are not made without a defense strategy.
Determine the applicable juvenile law
We determine which provisions of the JGG apply and, for young adults aged 18 to under 21, whether juvenile criminal law should be applied under Section 105 JGG.
Review the file and evidence
We review witness statements, chats, videos, expert evidence and the complete German investigation file and identify contradictions or exculpatory circumstances.
Limit long-term consequences
Depending on the evidence, we work toward dismissal, a proportionate procedural solution or a full defense against the allegation while keeping the young person’s future in view.
What is different in German juvenile criminal law
Juveniles aged 14 to under 18
Young adults aged 18 to under 21
Parents, Jugendgerichtshilfe and personal development
Investigation file, evidence and defense strategy
German juvenile criminal law follows its own rules
The allegation, development and personal situation must be assessed together
German juvenile criminal law is governed primarily by the Youth Courts Act (JGG). Section 2 JGG emphasizes prevention of further offending and an educational orientation. For juveniles, Section 3 JGG also requires sufficient maturity to understand the wrongfulness of the act and act accordingly.
Under Section 5 JGG, possible consequences include educational measures, disciplinary measures and juvenile imprisonment. Section 17 JGG defines juvenile imprisonment and its special prerequisites. For young adults, Section 105 JGG determines whether juvenile law is applied.
For the defense, this means that the allegation, the evidence and the young person’s development must be considered together. A standard adult-criminal-law approach is not enough.
Why specialized defense matters
Juvenile cases require criminal-procedure expertise and a clear understanding of the special rules of the German JGG.
Criminal defense experience in sensitive proceedings
Juvenile criminal cases require clear criminal-procedure work and a careful approach to young clients and their families. We explain each step and coordinate the strategy closely.
Separate assessment of juveniles and young adults
German juvenile law applies to those aged 14 to under 18. For 18- to under-21-year-olds, application of the JGG must be assessed separately under Section 105 JGG.
Attention to school, training and personal consequences
Proceedings can place pressure on school, vocational training, university and family stability. Those circumstances do not replace legal analysis, but they belong in a responsible defense strategy.
No premature statement before access to the file
A substantive statement is not made under pressure. We decide only after reviewing the German investigation file whether silence, a written statement or another defense measure is appropriate.
What our clients say
Our clients’ experiences often say more about our work than any description. Below is a selection of reviews of our firm.
Telmo Santos
Dr. Pitschel is truly an exceptional person. She is not only incredibly compassionate and committed, but also an excellent communicator. (Translated from German.)
Marcel Paulus
I chose to work with attorney Mügge after researching online, and I have to say: I am extremely satisfied. (Translated from German.)
Andrea Binder
Ms. Ilg is a highly competent, friendly and empathetic lawyer. I also had very positive experiences with Dr. Pitschel in criminal proceedings. (Translated from German.)
From our practice
Typical situations in German juvenile criminal proceedings
German juvenile cases often arise from incidents at school, in leisure settings, online or in groups. The decisive task is to separate the individual allegation and role of the young person from assumptions about the group as a whole.
Police summons or suspect interview
Assault, theft or robbery allegations
Cannabis and narcotics allegations
Sexual-offence allegations
Cybercrime, chats and social media
Group incidents and conflicting accounts
Arrest warrant or pre-trial detention
Juvenile criminal proceedings – roles and responsibilities
| Person / authority | What matters now |
|---|---|
| Juvenile / young adult | Do not make a rushed statement; keep all letters and involve defense counsel early. |
| Parents / legal guardians | Provide support and organize documents, but do not coordinate accounts or explain the allegation to investigators. |
| Jugendgerichtshilfe | Educational assessment and support; its role is distinct from criminal defense. |
| Police / public prosecutor | Conduct the German investigation; communication about the allegation should be structured through defense counsel where possible. |
| Youth court | Assesses the allegation, evidence and the appropriate response under the JGG. |
| Defense counsel | Obtains the file, tests the evidence, assesses the JGG and develops a case-specific defense strategy. |
For young adults, the distinction between juvenile and adult criminal law should be addressed early. Our work combines that assessment with nationwide criminal defense in Germany.
Juvenile criminal case in Germany? Request legal assistance
Has your child received a summons, or are German juvenile criminal proceedings already underway? Tell us briefly the age at the time of the alleged offence, the allegation and which German authority has contacted you. We will assess the next steps.
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We defend juveniles and young adults nationwide in German juvenile criminal proceedings.
Rely on clear communication, early access to the investigation file and a strategy tailored to the German JGG.
Frequently asked questions about juvenile criminal law in Germany
German Juvenile Criminal Law – Frequently Asked Questions
Under German law, juvenile criminal law generally applies to persons who were at least 14 but under 18 at the time of the alleged offence. Children under 14 are not criminally responsible.
Yes. A young adult aged 18 to under 21 may be dealt with under juvenile law under Section 105 JGG, depending in particular on developmental maturity and the type and circumstances of the offence.
Parents and legal guardians have special participation rights in German juvenile proceedings. Whether and when their presence is appropriate or required depends on the procedural step.
A suspect should not make an improvised statement about the allegation. The German investigation file should be reviewed first.
The JGG provides educational measures, disciplinary measures and juvenile imprisonment. The possible outcome depends on the allegation, prior history, development and other circumstances.
Juvenile detention (Jugendarrest) is a disciplinary measure under the JGG and is not the same as juvenile imprisonment.
Juvenile imprisonment is a custodial sentence. Under Section 17 JGG, it requires specific statutory conditions, including situations where less severe juvenile-law measures are insufficient or the seriousness of guilt requires it.
Whether mandatory defense applies depends on the statutory requirements of German juvenile procedure and the Code of Criminal Procedure. It must be assessed in the individual case.
A juvenile case can have practical effects on school, vocational training or applications. The actual consequences depend on the allegation, outcome and personal circumstances.
Do not let a young person make a rushed statement before the investigation file is known.
As German criminal defense lawyers, we represent juveniles and young adults from the first summons through access to the file and any court hearing. For an overview of our nationwide work, see our Criminal Defense Lawyer Germany page.