Youth measure enforcement

In youth forensic psychiatric or forensic for young teenagers in Germany mentally ill or addicted offenders are in accordance with § 63 and § 64 of the Criminal Code housed (Criminal Code). The statutory provisions in the Criminal Code are identical to the regulations for adults (see also: prison system ).

Legal bases

According to the Criminal Code, mentally ill lawbreakers are accommodated in the penal system, who are considered to be incapable of guilt or reduced criminal capacity within the meaning of Section 20 or Section 21 of the Criminal Code , who at the same time, considering the perpetrator and his act, can be expected to pose a further danger and if there is a connection between the offense and mental disorder exists. In the case of adolescents, the requirement of § 3 JGG , i.e. criminal responsibility, must be affirmed beforehand.

Adolescent delinquents who are addicted to addiction do not have to be restricted in their criminal liability for admission to a rehab facility in accordance with Section 64 of the Criminal Code. The medical discipline of child and adolescent psychiatry and psychotherapy is responsible for carrying out the penal system for adolescents .

The juvenile judge makes these findings in the non-public main hearing . Those affected are then instructed in the youth measure. In enforcement, the measures enforcement laws of the federal states apply to the extent that they have been issued. Specific regulations sometimes apply to young people. In some federal states, sections of the respective mental health laws apply .

Section 63 of the Criminal Code - placement in a psychiatric hospital - refers tocriminals who are incompetent or have reduced criminal capacity, who are considered dangerous to the general public due to their illness and from whom further significant crimes (violent crimes, but also sexual crimes) are to be expected. This measure is unlimited.
Section 64 of the Criminal Code - placement in rehab - refers tooffenderswith addictions . This measure is generally limited to two years, whereby the length of stay in the measure can be postponed / extended through corresponding maximum time limits.

Order of the youth measure execution

Both groups are regarded as patients in the youth program . The legal mandate of "improvement and security" applies. In addition, age-typical tasks such as upbringing, education and training must be performed. Since a ruling by the Federal Constitutional Court in 1985, the principle of proportionality has applied to the execution of measures .

The penal institutions for juveniles are specialized youth forensic departments at clinics for child and adolescent psychiatry and psychotherapy . According to a court ruling from the state of Thuringia , young people in the penal system have the right to be housed separately from adults. The penal system for juveniles is to be distinguished from the youth penal system and the preventive detention of dangerous (mostly repeat) offenders.

Patient numbers

Numbers of young people in prison in Germany were published by Weissbeck in 2009 and are based on the surveys of the working group for young people in prison in Germany (spokesman: Dr. Wolfgang Weissbeck, Pfalzinstitut Klingenmünster ).

Clinical pictures

A large group of young people housed in the penal system suffer from incipient personality disorders or sexual deviations. Affective psychoses (such as manias), delusional diseases or organically induced psychoses are comparatively less common. Furthermore, the adolescents accommodated in accordance with Section 63 StGB suffer from schizophrenic psychoses . A significant group of young people placed in the penal system has an intellectual disorder . In accordance with Section 64 of the Criminal Code, adolescents are primarily dependent on drug addiction , followed by alcohol addiction ;

Mending and securing

The legal mandate of the institutions for the implementation of youth measures consists in the improvement and protection of the patients. Prison facilities should ensure the highest level of safety for the population and meaningful therapy for the patients (even against their will). At the same time, they must treat and enable the greatest possible psychological stabilization and rehabilitation. This conflict of objectives can only be resolved through gradual, constantly monitored loosening of enforcement from execution to clearance. Treatment extends for years because the legal requirements for discharge are high. Discharge is only possible with a clearly favorable prognosis by a youth forensic expert (ideally a doctor for child and youth psychiatry and psychotherapy with a certificate of "child and youth psychiatric assessment"). The youth judges are responsible for this . These also regularly check the continuation of the measure. The legal basis for enforcement is the respective federal state measures enforcement law .

For details on safety precautions can be found in the article about the forensic unit .

Model projects

In 2009, a model project in Klingenmünster , Rhineland-Palatinate , was put into operation at the Pfalzinstitut - Clinic for Child and Adolescent Psychiatry, Psychosomatics and Psychotherapy . The concept follows an integrative approach. Details can be found in Brünger / Weissbeck (2008).

literature

Michael Brünger, Wolfgang Weissbeck (Ed.): Mentally ill offenders in adolescence. Medical Scientific Publishing Company, Berlin 2008, ISBN 978-3-939069-46-1
Bernd Volckart , Rolf Grünebaum: Execution of measures. The right to enforce placement in accordance with Sections 63 and 64 of the Criminal Code in a psychiatric hospital and in a rehab facility. 6th edition. Luchterhand, Neuwied 2003, ISBN 3-472-03648-6 .
J. Rüdiger Müller-Isberner, Sabine Eucker: "Therapy in the prison system", Medizinisch Wissenschaftliche Verlagsgesellschaft, Berlin 2009, ISBN 978-3-941468-13-9
Cornelia Schaumburg: Execution of measures (basic knowledge). 2nd Edition. Psychiatrie-Verlag, Bonn 2005, ISBN 978-3-88414-334-6 .
Wolfgang Weissbeck: Youth measures in Germany. Basic documentation. MWV Medizinisch Wissenschaftliche Verlagsgesellschaft Berlin 2009. ISBN 978-3-939069-94-2