Educational measure

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Educational measures are educational measures provided by the Youth Courts Act (JGG) in order to respond to a criminal offense by a young person or adolescent .

species

According to § 9 JGG there are educational measures

  1. the issuing of instructions,
  2. the order to take advantage of education assistance within the meaning of Section 12 .

Upbringing measures do not count as a criminal conviction, but are entered in the parenting register ( Section 60 (1) No. 2 BZRG ). Only if the educational measures are insufficient can the criminal offense of a juvenile be punished with disciplinary substances or with juvenile punishment ( § 5 Abs. 2 JGG).

Issuing instructions

Instructions are in accordance with Section 10, Paragraph 1 of the Youth Act (JGG), commandments and prohibitions that regulate the young person's lifestyle and thereby promote and secure their upbringing. In particular, the juvenile judge can order the juvenile

  1. To follow instructions relating to the whereabouts,
  2. to live with a family or in a home ,
  3. to accept an apprenticeship or job,
  4. To perform work,
  5. to submit to the care and supervision of a specific person (caregiver),
  6. to participate in a social training course (" anti-aggression training "),
  7. to endeavor to achieve a settlement with the injured party ( perpetrator-victim settlement ),
  8. to refrain from dealing with certain people or from visiting restaurants or entertainment venues or
  9. to take part in a traffic lesson.

Section 10 (2) of the JGG mentions the instructions for therapeutic treatment

  1. the curative and educational treatment
  2. the outpatient rehab .

The instructions on therapeutic treatment, unlike the instructions on lifestyle, require the consent of the parent or legal guardian and, in the case of adolescents who have reached the age of sixteen, their own consent.

Help with education

After hearing the youth welfare office , the judge can also order the young person to help upbringing under the conditions set out in Book Eight of the Social Code (SGB VIII)

  1. in the form of educational assistance within the meaning of § 30 SGB ​​VIII or
  2. in a facility day and night or in another type of assisted living within the meaning of § 34 SGB ​​VIII.

statistics

In 2013, 81,737 young people and adolescents were sanctioned according to youth criminal law. Upbringing and disciplinary measures were pronounced in 84% of the cases, 9,421 of which were instructions. In around 40,000 cases, the procedure was terminated in accordance with Sections 45, 47 JGG ( Diversion ). The data for 2015 are comparable. In 2017, 7,500 educational measures were imposed.

Web links

Individual evidence

  1. ↑ BVerfG, decision of January 13, 1987 - 2 BvR 209/84
  2. ^ Wolfgang Heinz : The German juvenile criminal law. Goal, handling, effects Lecture, November 8, 2008, p. 19 (Figure 4)
  3. ^ Jörg-Martin Jehle : Criminal justice in Germany: facts and figures. Published by the Federal Ministry of Justice , 6th edition 2015, p. 40 f. Figure 24: Juvenile criminal penalties
  4. ↑ Federal Statistical Office : Press release No. 046 of February 9, 2017
  5. ↑ Federal Statistical Office : Press Release No. 463 of November 28, 2018