Juvenile Justice Act 1988
| Basic data | |
|---|---|
| Title: | Juvenile Justice Act 1988 |
| Long title: | Federal law of October 20, 1988 on the administration of justice in the case of criminal offenses by juveniles and young adults |
| Abbreviation: | JGG |
| Type: | Federal Constitutional Law |
| Scope: | Republic of Austria |
| Legal matter: | Juvenile criminal law |
| Date of law: | October 20, 1988, Federal Law Gazette No. 599/1988 |
| Effective date: | January 1, 1989 |
| Last change: | BGBl. I No. 105/2019 |
| Please note the note on the applicable legal version ! | |
The Youth Courts Act 1988 (JGG) regulates the formal youth criminal law in the Republic of Austria . Since the 2001 amendment, young people within the meaning of this law are now persons between 14 and 17 years of age. There are special provisions for “criminal matters of young adults” (committed before the age of 21).
content
The JGG regulates the procedure before the juvenile courts . Criminal offenses are not regulated there - these can be found in the StGB and in ancillary criminal law (such as the Addictive Substances Act ).
The Youth Courts Act is structured as follows:
- scope of application
- (canceled)
- Juvenile criminal law
- Responsibility and business allocation
- Procedural provisions for juvenile criminal matters
- Juvenile court assistance
- Provisions on juvenile detention
Sanction system
The penalty framework of general criminal law is reduced by the JGG. Instead of a life sentence or a prison sentence of 10 to 20 years, a prison sentence of one year to 10 or (from the age of 16) 15 years is required.
Other custodial sentences are halved in their sentence, so that z. B. instead of a maximum penalty of 5 years provided for in the StGB, only a maximum of 2 years and 6 months can be imposed, a minimum penalty does not apply. The maximum amount of fines imposed in daily rates will also be halved. Furthermore, in cases where the proceedings cannot be terminated, but a formal punishment does not seem necessary either, the "withdrawal from the persecution" ( diversion ) is possible. This is linked to various conditions, such as the payment of a sum of money or the provision of charitable services. The provision of charitable services may be ordered for a maximum of 120 hours.
As of January 1, 2016, the minimum penalties for offenses by young adults (18 to 20 years of age) as for juveniles were reduced and no more than 15 years imprisonment may be recognized (but see below), but otherwise no reduced maximum penalties apply to them ( § 19 JGG).
Since January 1, 2020, young adults have been punished like older adults for criminal acts against life and limb, against sexual integrity and self-determination, against international law, for acts as a member of a criminal organization and for terrorism like older adults, unless that is the case acts for which the maximum sentence is less than 5 years imprisonment. Lifelong imprisonment may not be imposed on young adults, the maximum sentence is 20 years imprisonment (Section 19 (4) JGG).
Differences to the German JGG
According to the Youth Courts Act (Germany) , adolescents (18 to 20 years of age) are only punished in accordance with youth criminal law if they delay maturity or if the type, circumstances or motives of the offense are misconduct.
In Austria, juvenile criminal law has been in effect for this group of people since 2016 (but see exceptions from 2020 above), before there was only a softening of general criminal law through Section 34 (1) Z. 1 StGB a. F.
Another difference is the possibility of using fines against young people - in Germany this is only possible to a very limited extent as a requirement for the payment of a sum of money.
The Austrian JGG is not aware of the youth arrest that exists in Germany .
In contrast, the German JGG does not have a numerical upper limit for the provision of charitable services.
literature
- Helene Bachner-Foregger: Youth Courts Act 1988. 4th edition, Manz'sche Verlags- und Universitätsbuchhandlung Vienna 2001. ISBN 978-3214027131
- Udo Jesionek, Christa Edwards, Daniel Schmitzberger: The Austrian juvenile court law. 5th edition, Manz'sche Verlags- und Universitätsbuchhandlung Vienna 2017. ISBN 978-3-214-17545-0
