Juvenile court assistance

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In Germany, the youth welfare office is usually involved in proceedings under the Youth Courts Act (JGG) ( Section 52, Book 8 of the Social Code ). According to Section 52 of Book VIII of the Social Code, "participation in juvenile court proceedings" is a so-called "other" task of the youth welfare office, not a separate service, even if the task is mostly performed by specialized staff who traditionally (with reference to the Youth Court Act ) act as youth court assistance (JGH ), but increasingly also as youth welfare in or in criminal proceedings (JuHiS). A representative of the youth court assistance (youth court assistant, JuHiS specialist) is called who performs this task.

According to § 38 JGG, the representatives of the youth court assistance bring, among other things, educational and thus also socio-educational aspects into criminal proceedings before the youth courts by submitting an opinion (in writing and / or orally) about the accused. According to Section 52 (2) SGB VIII, they also check whether youth welfare services should be initiated and whether there are alternatives to formal criminal proceedings ( diversion ). Another possible alternative where the perpetrator and victim can speak out of court is the perpetrator-victim balance . After all, they have to look after the young person during the entire procedure in accordance with Section 52 (3) SGB VIII. It is controversial to what extent they can carry out court-ordered educational measures (so-called control responsibility according to Section 36a of Book VIII of the Social Code) or monitor them.

Use of juvenile court assistance

In the entire proceedings against a young person (at the time of the offense 14–17 years) or adolescent (18–20 years), the youth court assistance must be consulted by the youth court. However, the juvenile court assistance decides at its own dutiful discretion whether and in what way to participate in the proceedings.

General criminal law (as in the case of adults) or juvenile criminal law can be applied to adolescents if the offense is typical for young people or if the adolescent is still at a young age in their development; The juvenile court assistance also expresses itself on this.

Tasks of the juvenile court assistance

The juvenile court assistance advises the young offenders and their families and takes part in the court hearings. In particular, it checks whether suitable educational services of youth welfare are possible for the adolescent or young adults, which make it possible to refrain from prosecution (e.g. arranging and monitoring social working hours or a traffic education course , visiting the penal institution , conducting a social event Training course , offender-victim compensation , etc.) and participates as far as possible in follow-up care. However, it does not make any suggestion for a possible criminal judgment.

Youth court assistance as youth welfare

Today the term juvenile justice is often replaced by youth welfare in criminal proceedings in order to better describe the self-image of juvenile justice as part of youth welfare and as help for young people and their families. The juvenile court assistance is therefore not primarily assistance for the court. The court is not authorized to issue instructions to the juvenile court assistance. Legal advice, which is often expected from those under her care, is only permitted to a very limited extent because this is reserved for lawyers. In addition, it is very controversial whether she has the right to refuse to testify before the courts in this context

Performing the task

The youth court assistance is usually carried out by social workers or social pedagogues of the respective youth welfare office, but also by independent youth welfare organizations on behalf of the youth welfare office, such as the workers' welfare or similar.

See also

literature

  • Rudolf Klier, Monika Brehmer, Susanne Zinke: youth welfare in criminal proceedings - youth court assistance. Handbook for the Practice of Social Work. Walhalla, Berlin / Bonn / Regensburg 1995, ISBN 978-3-8029-7445-8 .
  • Klaus Laubenthal: juvenile court assistance in criminal proceedings. Heymann, Cologne / Bonn / Berlin 1993, ISBN 978-3-452-22708-9 .
  • Peter Mrozynski : youth welfare and youth criminal law . Beck, Munich 1980, ISBN 978-3-406-07928-3 .
  • Bavarian Family and Social Center - Bavarian State Youth Welfare Office (Ed.): Technical recommendations for the participation of youth welfare in proceedings under the Youth Courts Act. Decision of the State Youth Welfare Committee of October 23, 2012. Munich 2013.
  • Significance of juvenile court assistance, NStZ-RR 2001, 27

Web links

Individual evidence