Youth chamber

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Youth chambers are a form of youth courts . ( § 33 Abs. 2 JGG ) According to § 33 of the Juvenile Court Act (JGG), this is how the criminal chambers are designated which have to decide on the misconduct of young people and adolescents . Like all juvenile courts, youth chambers can also be competent if crimes or misconduct committed by adults affect children or young people or the protection of minors ( Section 26 GVG )

Differentiation between small and large youth chambers

According to § 33b JGG, there are basically two members of youth chambers : the small and large youth chamber . In both cases the chambers are each occupied by two youth lay judges. In the main hearing, these should be a man and a woman. Outside of the main hearing, they do not participate in decisions. ( Section 33a JGG in conjunction with Section 33b (7) JGG)

Small youth chamber

The small youth chamber is occupied by "the chairman and two youth lay judges ". It judges in proceedings on appeals against judgments of the youth judge . ( Section 33b (2) JGG)

Large youth chamber

The large youth chamber is basically staffed with "three judges including the chairman and two youth lay judges ". ( Section 33b (1) JGG) The large youth chamber can, however, decide to appoint two instead of three full-time judges (but two youth lay judges each) when the main proceedings are opened . Negotiations are held with three judges if “the matter belongs to the jurisdiction of the jury court according to the general provisions including the regulation of Section 74e of the Courts Constitution Act ” ( Section 33b, Paragraph 2, Clause 3 No. 1 JGG) if “their jurisdiction according to Section 41, Paragraph 1 number 5 is justified or "( Section 33b, Paragraph 2, Clause 3, No. 2 JGG) or if" according to the scope or difficulty of the matter, the cooperation of a third judge appears necessary. "( Section 33b, Paragraph 2, Clause 3 No. 3 JGG) Paragraph 3 of § 33b JGG specifies when such a scope / such a difficulty of the matter is usually given: if "the youth chamber has taken over the matter according to § 41 paragraph 1 number 2", "the main hearing is likely will last longer than ten days ”or“ the matter has one of the offenses mentioned in Section 74c (1) sentence 1 of the Courts Constitution Act as its object. ”In all other cases, two judges must be appointed. ( Section 33b (2) JGG)

The large youth chamber is also responsible for appealing against a judgment of the youth lay judge . ( § 33b Abs. 4 JGG) The rules of the occupation are as mentioned above, with the exception that in cases in which the juvenile lay judge pronounced "a youth penalty of more than four years", three full-time judges are negotiated. If, after the decision to appoint two judges, circumstances arise that would have made it necessary to appoint three judges, the large youth chamber must decide to appoint three judges. ( § 33b Abs. 5 JGG) After referral back by a court of appeal or suspension of the main hearing , the then competent youth chamber can decide on the appointment again. ( Section 33b (6) JGG)