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Practice areas

Juvenile Criminal Law

When juveniles or young adults are investigated, specific rules apply: juvenile criminal law prioritises education over punishment. A juvenile defense built around this educational aim looks different from an adult case, and for parents, the proceedings are often just as burdensome as they are for those affected.

JGG

The Nature of Juvenile Criminal Proceedings

The Youth Courts Act (Jugendgerichtsgesetz, JGG) applies to juveniles, meaning those aged 14 to 17. Juvenile criminal law is applied to young adults (Heranwachsende), aged 18 to 20, if their maturity corresponds to that of a juvenile or if the offence is a typical youth transgression. In practice, this occurs frequently.

The focus is on the educational concept: the proceedings are intended to prevent further offences, not to retaliate. The legal consequences range from educational measures (Erziehungsmaßregeln) such as instructions, to disciplinary measures (Zuchtmittel) such as warnings, conditions, and youth detention (Jugendarrest), up to youth imprisonment (Jugendstrafe) as a last resort. The reaction depends heavily on the person and circumstances, not just the act.

How We Assist You

In juvenile criminal law, the course is set early: at the first interrogation, in the discussion with the Youth Court Assistance (Jugendgerichtshilfe), and on the question of whether the proceedings can be terminated without a judgment.

Early instruction, so that no statement is made without knowledge of the file
Working towards diversion (Diversion), meaning the dismissal of proceedings under sections 45 and 47 JGG, where the requirements are met
Preparation for the interview with the Youth Court Assistance, whose report the court will read
Inclusion and advice for parents, who have their own rights in the proceedings
Defence in the main trial (Hauptverhandlung) before the youth judge or the youth court

What Parents Should Know

Parents are not mere spectators in juvenile criminal proceedings: as legal guardians, they have their own rights to be present, to be informed, and to make statements. At the same time, many parents experience the proceedings as an emergency and want to help, for example by making their own statements to the police. Here too: first seek advice, then speak.

The Youth Court Assistance accompanies the proceedings, speaks with the family, and provides a statement that the court considers in the decision on legal consequences. A prepared and honest conversation with them is therefore more important than many think.

A bright courthouse corridor with empty benches outside a courtroom door.

Arrested or questioned? Call us before you make a statement.

Frequently asked questions

My child has received a summons. What should we do?

Your child is not required to follow a police summons (Vorladung) as a suspect, and they are not required to make any statements on the matter. Do not cancel the appointment yourself and do not give your own explanations. We will take over the communication and request access to the case files.

What is diversion?

Diversion means that the proceedings are terminated under sections 45 and 47 JGG without a judgment, often combined with educational measures such as victim-offender mediation (Täter-Opfer-Ausgleich), community service, or a warning. Whether this path is open depends, among other things, on the act, insight, and history. The defence can work towards this early.

Will this appear on a criminal record certificate?

Many juvenile criminal reactions do not appear on the criminal record certificate (Führungszeugnis), including diversion decisions as well as educational and disciplinary measures. Even certain youth sentences suspended on probation remain excluded. For training and career, this is often the most important question and deserves careful examination in each individual case.

Does juvenile criminal law still apply to a 19 year old?

It is possible. For young adults aged 18 to 20, the court examines whether the person was still equivalent to a juvenile in terms of development or whether it was a typical youth transgression. The presentation of personal development in the proceedings has a significant influence on this.

This information is general in nature and does not replace advice on an individual case.