Youth arrest

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Juvenile Hall is in the German juvenile justice as a result of youth crime provided disciplinary measures ( § 13 para 2 no. 3. Juvenile Court Act - JGG ), is to be aware urgently with the arrangement and execution of a juvenile offender that he is responsible for the crime committed by him wrong - if on the one hand the ordering of educational measures is not sufficient, on the other hand a youth penalty is not (yet) required.

The youth arrest was introduced in 1940 by the regulation supplementing the youth criminal law and inserted into the Reich Youth Court Act in 1943 . Since then, little has changed in the rules governing youth arrest - only the maximum number of recreational arrests was reduced from four to two in 1990.

Since March 7, 2013, youth arrest can also be imposed as so-called warning shot arrest, that is, coupled with a youth sentence suspended on probation . Of which will be waived if the young person has already served time arrest or longer in custody has found.

Youth arrest can also be imposed - as so-called "disobedience arrest" - after a culpable violation of judicial instructions ( Section 11 (3 ) JGG) and in the event of culpable failure to comply with judicial requirements ( Section 15 (3 ) JGG).

Juvenile arrest does not have the legal effect of a punishment ( Section 13 (3 ) JGG) and is not suspended on probation ( Section 87 (1 ) JGG).

Types of youth arrest

Youth arrest can be ordered or imposed as leisure arrest , short arrest or permanent arrest ( § 16 JGG):

  • The free time arrest (colloquially also weekend arrest ) extends to the weekly free time of the young person and is measured over one or two free time periods.
  • The short detention is imposed instead of the leisure arrest if this is expedient for educational purposes and are not affected training or work of young people. Two days of short arrest correspond to free time.
  • Permanent arrest, measured according to full days or weeks, lasts at least one week and at most four weeks.

Execution of youth arrest

The execution of youth arrest "should awaken the young person's sense of honor and make him conscious that he has to answer for the injustice he has committed", it "should be educational " and it "should help the young person to cope with the difficulties, who contributed to the commission of the criminal offense ”( § 90 Abs. 1 JGG).

The Jugendarrest is - separated for male and female adolescents - in recreational arrest spaces or in juvenile detention stations (JAA) of the judicial administrations of the federal states completed - usually immediately after legal force of the judgment and according to the detailed rules of the Jugendarrest the Rules of the respective state. The formerly applicable national youth arrest system has been repealed.

In practice, it happens that ordered youth arrest cannot be carried out within the statutory period of Section 87 (4 ) JGG due to the insufficient number of places available and therefore does not take place.

Exceptions from youth arrest

Juvenile arrest is waived if, due to the placement in a psychiatric hospital or in a rehab facility, punishment by the juvenile judge is dispensable ( Section 5 (3 ) JGG).

If help for upbringing is ordered ( Section 12 No. 2 JGG in conjunction with Section 34 SGB ​​VIII ), youth arrest may not be combined with it ( Section 8 (1) Sentence 2 JGG).

See also

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