Diversion (Germany)

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Diversion (lit. "Detour") is in the German juvenile justice means, "redirect" the juvenile offender to a full youth criminal proceedings and in particular the trial and early stigmatization as criminals avoid. What is meant is a diversion around the system of formal social control under youth criminal law through informal settlement, often combined with a change from youth criminal law to youth welfare law .

Legal regulation

The law regulates the refusal of prosecution by the public prosecutor in § 45 JGG , the termination of the proceedings by the judge in § 47 JGG. Sections 45, 47 JGG replace the provisions of Section 153 , Section 153a StPO on the termination of criminal proceedings for reasons of opportunity for youth criminal proceedings . These are therefore - according to hM - not applicable side by side.

Refrain from prosecution in preliminary proceedings, § 45 JGG

No response

In the case of offenses for which the guilt of the perpetrator would be regarded as minor and there is no public interest in prosecuting, the public prosecutor can dispense with the indictment and discontinue the proceedings without consequences ( Section 45 (1) JGG).

Non-criminal response

Section 45 (2) JGG contains the option of hiring after a previous social or youth welfare measure or after a successful offender-victim compensation . The hiring according to § 45 Abs. 2 JGG should take place in particular in the case of repeated offenses, if it had already been stopped according to § 45 Abs. 1 JGG, furthermore in the case of more serious offenses. The setting does not become legally binding, so the procedure can be restarted at any time.

Informal criminal response

If the accused confesses and the public prosecutor considers the issuing of a warning , of certain instructions according to Section 10, Paragraph 1, Clause 3, Nos. 4, 7 and 9 JGG or of conditions imposed by the juvenile judge to be necessary, but the indictment is not required, so see the public prosecutor according to § 45 para. 3 JGG from prosecution, but only after the young person has complied with the issuing of instructions or conditions. The hiring grows into limited legal force (Section 45 Paragraph 3 Clause 4, Section 47 Paragraph 3 JGG).

Hiring in interim or main proceedings, Section 47 JGG

Section 47 JGG allows the juvenile judge , with the consent of the youth public prosecutor, under essentially the same conditions as Section 45 JGG, if an indictment has already been brought or a main hearing has been opened.

The same offense can only be charged again on the basis of new facts or evidence ( Section 47 (3) JGG).

Diversion process

In the individual federal states , administrative regulations on the diversion procedure also apply . These are joint orders from various state ministries.

On the basis of the Berlin Diversion Guideline, the “Berlin Bureau for Diversion Advice and Mediation” was founded in 1999 and is run by the SPI (Social Pedagogical Institute). In each of the six Berlin police departments, a social worker advises young people and adolescents on the creation of conditions for employment in accordance with Section 45 (2) JGG. This is done in close cooperation with the police and the public prosecutor's office.

Examples:

  • out-of-court settlement
  • Probationary period
  • charitable services
  • Payment of an amount of money

Legal consequences

There is no entry in the criminal record , but an entry in the education register . The entry also includes any measures taken ( Section 60, Paragraph 1, No. 7, Paragraph 2 of the BZRG ).

See also

Web links

Individual evidence

  1. ↑ Bernd Heinrich : Diversion, §§ 45, 47 JGG University of Tübingen 2003
  2. ↑ Bernd-Rüdeger Sonnen : Newer Forms of Intervention in Juvenile Criminal Law , in: Bernd Dollinger , Henning Schmidt-Semisch (Ed.): Handbuch Jugendkriminalität. Interdisciplinary Perspectives , Springer Fachmedien Wiesbaden 2018, pp. 501–514
  3. ^ LG Itzehoe StV 1993, 537 - discontinuation (relationship between § 45 JGG and § 153 StPO)
  4. ↑ cf. For example, discontinuation of juvenile criminal proceedings according to Sections 45, 47 of the Youth Courts Act (JGG) - Diversion administrative regulation of the Thuringian Ministry of Justice and European Affairs of April 25, 1996 (4210-1/95) in agreement with the Ministry of the Interior and the Ministry of Social Affairs and Health
  5. ↑ SPI Foundation: Clearing Center for Youth Welfare / Police, information sheet No. 17, Diversionsmittler in Berlin