Edition (juvenile criminal law)

The requirement in juvenile criminal law is a sanction that belongs to the category of breeding materials . According to the Youth Courts Act (JGG), there are four possible conditions: the reparation of the damage (Section 15, Paragraph 1, Sentence 1, No. 1 JGG), the apology to the injured party (Section 15, Section 1, Sentence 1, No. 2, JGG) work (Section 15, Paragraph 1, Sentence 1, No. 3 JGG) and the payment of a sum of money in favor of a non-profit organization (Section 15, Paragraph 1, Sentence 1, No. 4 of the JGG).

character

The condition issued by the juvenile judge must not make unreasonable demands on the juvenile (possibly adolescents, § 105 JGG). In contrast to the instructions, the catalog of conditions is enumerative (and therefore conclusive). The requirements should not only put the educational function of juvenile criminal law in the foreground, but should also reflect a repressive sanctioning character.

Damage reparation

Efforts to give the victim a higher priority have been pursued more intensively since the early 1980s. The aim is therefore to bring about a compromise between perpetrator and victim in order to ensure legal peace in the long term (so-called perpetrator-victim balance ).

First and foremost, material compensation for the damage incurred (possibly also compensation for pain and suffering in the case of immaterial injuries ) comes into consideration. But work performances are also possible within this framework. If there is no claim according to civil law assessment (or if a civil court ruling dismissing the action has already been issued), redress may not be recognized. The same applies if the injured party has effectively waived the claim or a third party has already settled the damage (e.g. liability insurance or similar).

For reasons of the rule of law, the content of the requirement for compensation for damages must be precisely defined.

sorry

The apology only plays a subordinate role. Both the perpetrator and the victim must be ready to seriously express or receive the apology. The apology must also be voluntary and may not necessarily arise from the situation of the court hearing. (In 2001 0.14% of all breeding materials imposed were excuses.)

Work performance

The work order is imposed quite often because it contains a strong atonement function. The Federal Constitutional Court has regarded the work performance as still constitutional because it also covers an educational aspect. The protection of Article 12, Paragraph 2 and Paragraph 3 of the Basic Law is constitutionally encroached upon.

Monetary requirement

In jurisprudence, the payment of money is sometimes viewed as a questionable legal consequence, as it gives the impression that money can compensate for (or "any") misconduct, and it unreasonably affects young people who already have only limited assets.

The money must be paid by "own means", this is to prevent third parties (parents or similar) from fulfilling the obligation to pay. After all, the amount of money must be proportionate and measured against the young person's economic circumstances.

If the juvenile has obtained a surrogate or a financial advantage from the crime , this must be withdrawn beforehand.

monitoring

The control of the fulfillment of the condition is incumbent on the youth court assistance or the judge himself. The condition can be changed afterwards - if this seems appropriate - (§ 15 Abs. 3 JGG). Monetary requirements cannot be enforced if they are not met. Instead, there is an option to impose disobedience arrest.

literature

Peter Itzel, The demarcation of instructions from the requirements according to the Youth Courts Act , Heidelberg 1987, ISBN 3783205867