Juvenile criminal lawyer for Hamburg-Altona – experienced defense for young people and adolescents

Juvenile criminal law is part of the general criminal law that can apply to juveniles and, under certain circumstances, to young adults. During the phase of growing up, criminal acts are often seen as short-term misconduct However, these acts should not go unpunished, which is why juvenile criminal law is used. The purpose of this is much more to Upbringing and Promoting resocialization than pure punishment.

Until when does juvenile criminal law apply?

People under the age of 14 are generally not criminally responsible in Germany.

Juveniles within the meaning of the German Criminal Code (StGB) are people between the ages of 14 and 17. Juvenile criminal law always applies to them.

From the age of 18 until their 21st birthday, a person is considered an adolescent. During this time, both juvenile criminal law and adult criminal law can apply. This always depends on the individual case and is based on criteria such as the maturity of the offender, the offender's living circumstances (e.g., living situation and school or employment status), and the type of offense (e.g., whether it is typical for a youth). If an adolescent is more at the maturity level of a juvenile at the time of the offense, this may indicate that juvenile criminal law applies. The relevant age is the age at which the offense was committed, not the age at which the offense is investigated or prosecuted.

From the age of 21, you are considered an adult in the sense of criminal law, so only general criminal law applies.

Police summons

If there is concrete suspicion against a young person, the police can summon them for questioning as a suspect. However, unlike an interrogation by the public prosecutor or a judge, a police summons does not oblige them to appear or provide information. If you receive a summons, it is always advisable to contact a lawyer. As a lawyer for Hamburg-Altona, we are also available to assist you in such cases. We can then identify ourselves to the police as your defense attorney and request access to the investigation file. Only on the basis of this information should any statements on the matter be made.

Juvenile Justice Act

The specifics of juvenile criminal law are regulated by the Juvenile Court Act (JGG). It is primarily aimed at educational purposes and takes into account that juvenile offenders may not yet possess the mental maturity to fully understand the injustice and gravity of their crimes. Severe criminal measures often lead to negative development in juveniles and adolescents, making resocialization and returning to a structured and orderly life more difficult. Often, alternative measures are much more effective. less harsh punishments and the Focus on educational measuresJuvenile criminal law is therefore less “strict” than general criminal law, which serves much more to deter further criminal activity and to retaliate.

Juvenile court hearings

The course of court proceedings in juvenile criminal law has many similarities with the course of a normal main hearing, but also some special features.

If the crime the defendant is accused of does not require legal representation, a lawyer is not required. However, every young person or adolescent has the right to appoint a lawyer. This often makes sense in juvenile proceedings, especially since the chances of a dismissal are significantly higher than in adult criminal law. In the event of an acquittal, the attorney's fees are covered by the state treasury; in the event of a conviction or dismissal, the defendant or his or her legal expenses insurance must cover the costs.

As a general rule, trials are open to the public, meaning that spectators can follow the proceedings. These can include family and friends, but also strangers or members of the press. However, if the defendant was under 18 at the time of the crime, the public will be excluded from the trial for his or her protection. This rule does not apply to adolescents 18 and older.

Another special feature is youth court assistance (JGH). This is a task of the youth welfare office in court proceedings in which juvenile criminal law applies. This measure serves the purpose of preventing future offenses and promoting reintegration into society. The JGH appoints a representative who serves as counselor for the accused youth during the proceedings. Family members or teachers of the accused can also receive counseling services from the youth court assistance. In addition, the representative attends the main hearing and provides the court with an assessment of the youth's personality, level of development, and social environment. Suitable educational measures are also presented, along with suggested sanctions. However, these are not binding on the court.

Penalties under the Youth Court Act (JGG)

Of particular importance in juvenile criminal law is the so-called Nighttime behavior, which can have a significant impact on the sentence. It is advantageous here if the accused is aware of his guilt and shows remorse. Behaviors such as apologies and attempts at reparation are also considered positive.

According to Section 5 of the Juvenile Justice Act (JGG), there are three categories of sanctions for juveniles and adolescents: educational measures, disciplinary measures, and youth punishment.

Educational measures

The mildest punishment provided for under the Juvenile Justice Act (JGG) is educational measures. These aim to eliminate deficiencies in education so that possible future delinquency can be prevented. These include, among others: Instructions, such as refraining from certain behaviors, the obligation to complete training or to find and pursue a job. It is also conceivable that Participation in social training courses and that Achieving a victim-offender reconciliation.

breeding agents

There are also so-called disciplinary measures, which are somewhat more severe and are intended to ensure that the wrongfulness of the actions is recognized. Possible options include warnings or conditions, such as restitution for the damage or completing hours of volunteer work in a community organization. Youth detention can also be imposed, which must be served in a specific youth detention center. However, this is not a normal prison. This punishment can take the form of recreational detention lasting one or two weekends, i.e., the accused person's weekly free time, or short-term detention lasting a few days. In more severe cases, permanent detention can also be ordered, lasting between one and four weeks.

juvenile detention

The harshest possible sanction under juvenile law is a youth sentence, which may only be imposed in cases of harmful tendencies or due to the particular severity of the guilt. Deprivation of liberty in a juvenile or adolescent detention facility (Youth detention center). The educational purpose of this punishment is also of great importance. The minimum term of such imprisonment is generally six months, and the maximum five years. In special cases involving a serious crime punishable under general criminal law by a prison sentence of more than ten years, the sentence under juvenile criminal law can also be up to ten years.

If the sentence is not more than 2 years, a prison sentence may also be parole be suspended if a positive social prognosis is expected and the circumstances of the juvenile allow it. In addition, there is – only in juvenile criminal law – the Special feature of a pre-probation According to Sections 61 et seq. of the Juvenile Court Act (JGG). If a juvenile is sentenced to a youth sentence, he or she can "earn" actual probation through pre-trial probation. This means that he or she will first be given certain conditions or instructions. Whether the court decides for or against probation depends on the fulfillment of these conditions. This decision is made several months after the end of the main hearing.

certificate of good conduct

In adult criminal law, prison sentences or fines are recorded in the criminal record above a certain number of daily rates. In juvenile criminal law, in many cases not to such an entry. This normally includes Procedural settings or sanctions such as Educational measures and disciplinary measuresConvictions of this kind are only recorded in the so-called Education register This can only be viewed by the judiciary and certain authorities, but not by any employers or schools. Furthermore, the educational record is deleted upon the child's 24th birthday.

The conviction to a juvenile detention however, leads to a Entry in the certificate of good conductMeasures of reform and security, such as placement in certain institutions, supervision of conduct, withdrawal of driving licence and prohibition from practicing a profession, are also recorded in the certificate of good conduct.

Criminal defense in juvenile criminal law

Criminal proceedings, especially those involving young people and adolescents, can be accompanied by considerable anxiety and psychological stress. In most cases, this severely affects not only the accused but also the parents and family. This makes proper advice and a committed defense all the more important. As experienced attorneys specializing in juvenile criminal law in Hamburg-Altona, we will work with you to develop the appropriate defense strategy – tailored to your individual needs, discreetly, and with sensitivity.

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