Defense in Juvenile Criminal Proceedings

What happens to juveniles who commit offenses?

In juvenile criminal law especially, the early appointment of an expert criminal defense attorney is crucial, as juveniles and young adults have special legal protection needs within the proceedings. We want to ensure that these are taken into account and that fair treatment is guaranteed in order to enforce your rights in the best possible way.

If you are involved in a criminal proceeding yourself as a juvenile or young adult, or if your child is a suspect in a criminal proceeding and you are unsure of what to do, it is best to contact us immediately so that we can explain the best way to proceed.

In most cases, the primary goal is naturally the dismissal of the proceedings during the investigation stage. If this is no longer possible, we, as defense attorneys in juvenile criminal law, have numerous alternative options to achieve the mildest possible sanction.

Juvenile Delinquency – Cause for Concern or Normality?

According to police crime statistics, 21% of the crimes committed in 2023 were perpetrated by juveniles. Young people therefore commit crimes quite frequently.

In most cases, this occurs regardless of family background or nationality, but rather due to physical-biological development and existing psycho-social pressures. Young offenders are in a biological, psychological, and social stage of transition, which is often accompanied by tension, uncertainty, and difficulties in adaptation, particularly regarding the adoption of behavioral norms.

In the vast majority of cases, criminal behavior is only temporary and ends naturally once the juvenile’s maturation process is complete.

Typical juvenile offenses include, for example, theft, assault, robbery, trespassing, and especially traffic offenses.

When a juvenile commits a crime, they are not sentenced to a fine or imprisonment as is the case in adult criminal law; instead, juvenile criminal law is applied, which entails a wider range of possible educational measures. The reason for this is the increased sensitivity of juvenile criminal law as such, as well as the special needs of juveniles, which must also be taken into account regarding the severity of the sanction.

When does juvenile criminal law apply?

According to § 1 JGG juvenile criminal law applies when a juvenile or a young adult commits a misconduct (felony or misdemeanor) that is punishable under general regulations.

A juvenile is defined as someone who is at least 14 but not yet 18 years old at the time of the act. A young adult is someone who is at least 18 but not yet 21 years old.

Juveniles are only “conditionally criminally responsible” according to § 3 JGG. This means it must be positively determined whether the individual juvenile was mature enough to be held responsible at the time the offense was committed. This is generally the case if the presence of so-called capacity for insight and capacity for action can be affirmed. Capacity for insight consists of ethical maturity, intellectual maturity, and the presence of an awareness of wrongdoing. Capacity for action means the ability to align one’s behavior according to one’s own insight.

Young adults are criminally responsible in all cases. Whether juvenile criminal law or adult criminal law applies to a young adult is decided on a case-by-case basis. Relevant factors include the state of maturity the young adult had at the time of the act and whether they were still equivalent to a juvenile during the specific act, for example, because a typical juvenile offense was committed.

From the age of 21, adult criminal law applies exclusively; the application of juvenile criminal law is excluded.

Defense Options – No Punishment?

In the context of defending juveniles and young adults, it is particularly important to conduct an early initial consultation to explain the criminal process and its specific features to the young client, who is still developing. This ensures their interests are protected, guarantees fair and appropriate treatment, and allows us to work together toward the best possible outcome. Particular emphasis is placed on the young client’s life situation and future plans to better predict the sanction and corresponding legal behavior.

Juvenile criminal law offers a variety of sanction options, most notably educational measures, disciplinary measures, and juvenile sentences. Within these sanctions, the principle of subsidiarity applies. This means that, as a rule, an educational measure must first be imposed as a milder sanction before any disciplinary measures or the imposition of a juvenile sentence can be considered.

When the allegation involves a serious crime and an acquittal seems unlikely, we, as criminal defense attorneys, will work toward the mildest possible sanction – the imposition of an educational measure.

As criminal defense attorneys in juvenile criminal law, we first examine whether the requirements for a dismissal of the proceedings are met. Furthermore, we advise the juvenile or young adult, and if necessary their legal guardians, on what can be done on their part to achieve a dismissal. A dismissal is generally considered whenever the offender has no prior record, their guilt is deemed minor, and there is no public interest in prosecution.

Diversion – Refraining from Prosecution of the Act

If an “ordinary dismissal” is not an option or appears futile, we strive for a termination of proceedings in accordance with “diversion regulations.” Diversion can result in refraining from the prosecution of the act, thereby avoiding a juvenile criminal law reaction through a judgment, provided that educational influence is guaranteed within the framework of §§ 45, 47 JGG.

According to § 45 Para. 1 JGG, the public prosecutor’s office may refrain from punishment if it is a first-time offense by the perpetrator involving typical juvenile misconduct with a low degree of guilt, and no special educational measures are required.

Otherwise, the possibility under § 45 Para. 2 JGG exists. According to this, refraining from punishment is appropriate if an educational measure has already been carried out or initiated against the juvenile/young adult, which influences them in such a way that the involvement of the juvenile judge is no longer necessary. Educational measures can include sanctions from parents, the school, or the Juvenile Court Assistance service.

Furthermore, according to § 45 Para. 3 JGG, there is the possibility of terminating the proceedings if the young offender admits to the alleged wrongdoing they are said to have committed, and the issuance of a directive or requirement is ordered. Requirements include, for example, performing community service, making restitution to the victim, or paying a sum of money to a non-profit organization.

Victim-Offender Mediation

Another strategic defense option is so-called victim-offender mediation. The primary goal here is restitution for damages. The mediation is carried out between the alleged offender and the victim through an apology by the alleged offender, a discussion, reconciliation, or an admission of guilt. The victim should regain a sense of control through the mediation (victim protection). However, victim-offender mediation can only be considered for minor to moderate offenses. In the event that the mediation is successfully completed, the proceedings are dismissed by the public prosecutor’s office.

Out-of-Court Settlement – Agreement and Negotiation

In some cases, it may also be sensible to seek an agreement with the court and the public prosecutor’s office regarding the outcome of the proceedings. In this case, the juvenile or young adult would have to agree to fulfill certain requirements.

Another of our tasks is to prevent or, in any case, mitigate the negative consequences of the punishment and the trial. Potential negative consequences include, for example, compensation payments to the victim, potential termination of employment, a negative criminal record, or possible consequences regarding residency status.

When may a juvenile sentence be imposed?

According to § 17 Para. 2 of the Juvenile Court Act (JGG), a juvenile sentence is generally only applied as a last resort in juvenile criminal law. Deprivation of liberty should only be ordered if, due to the “harmful tendencies of the juvenile, educational measures or disciplinary measures are insufficient for education, or if a sentence is necessary due to the gravity of the guilt.”

However, the term “harmful tendencies” is very outdated and imprecise. It primarily refers to significant dispositional or educational deficiencies which, without a longer period of comprehensive education of the offender – through a juvenile sentence – create the risk of further crimes. As a rule, it is required that serious personality defects of the offender existed prior to the act. In individual cases, a juvenile sentence may also be necessary due to the gravity of the guilt. Decisive for the assessment are the circumstances of the offender’s personal guilt, their character, their personality, and the motivation for the act, which are reflected in the guilt.

As a rule, however, the competent juvenile judge will only impose a juvenile sentence if all other educational options have already been tried or appear futile from the outset. The background to this is the design of juvenile criminal law as educational criminal law. The educational concept is always the reason, the justification, and the limit for the application of juvenile criminal law. The primary goal of juvenile criminal law is to prevent the juvenile or young adult from re-offending, also to protect the general public. However, every measure in juvenile criminal law also constitutes a sanction and, for you as the person affected, represents an interference with your liberty.

The juvenile sentence is considered the most severe measure in juvenile criminal law. The minimum sentence is 6 months and the maximum is 5 years. The background to this is also the educational concept and the associated assumption that inpatient education cannot promise success in a period of less than 6 months or more than 5 years.

Despite this, in individual cases, a prison sentence of up to 15 years can occur. This is why a good criminal defense is indispensable in any case.

Special Features in Juvenile Criminal Proceedings

A special feature of juvenile criminal proceedings is the involvement of the Juvenile Court Assistance service and their potential questioning of the juvenile. The Juvenile Court Assistance is a department of the Youth Welfare Office that supports juveniles before, during, and after the court hearing and is intended to represent educational and social aspects in the proceedings. The employees of the Juvenile Court Assistance are not bound by confidentiality toward the court. However, the juvenile or young adult is also not obliged to participate in such a conversation. Participation can, however, be advantageous. We also advise you regarding this decision, explaining the advantages and disadvantages.

As soon as proceedings are initiated against the juvenile, the parents or legal guardians also have a right to be heard, to ask questions or make motions, or to be present during investigative acts.

In the context of proceedings against a juvenile or young adult, there is also often public interest. This not infrequently leads to increased pressure from the investigative authorities, which, however, should not result in a disadvantage for the juvenile.

To enable extensive protection of the defendant’s personality, the public is excluded from the main trial. The same applies to press and image reporting. Neither photos nor the name of the defendant or other information suitable for identifying them may be published. To ensure this is guaranteed, we as defense attorneys will take all necessary measures.

Appointment of a Public Defender

The appointment of a necessary defense attorney/public defender occurs significantly more frequently in juvenile criminal matters than in adult criminal law. Often, juveniles or young adults who have committed a crime are in a financially precarious or socially less competent situation and rely on the appointment.

In addition to the grounds for appointment in § 140 StPO, which also apply in adult criminal law, a public defender must be appointed for the juvenile or young adult particularly if the imposition of a juvenile sentence is being considered or if the order for placement in a psychiatric hospital or a detoxification center is to be expected. Another reason exists if the legal guardians can no longer participate in the proceedings due to suspicion of involvement in the act or for reasons of state security.

Furthermore, a defense attorney must be appointed for the juvenile in any case if they are already serving pre-trial detention or temporary placement.

The law firm Mügge, Dr. Pitschel & Partner is excellently positioned in the field of juvenile criminal law and possesses many years of practical experience. We strive at all times for a dismissal of the proceedings to prevent a burdensome main trial. If you have any questions, please feel free to contact us.