Youth lay judge

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The juvenile lay judge is a juvenile court that decides on the misconduct of young people and adolescents . Like all juvenile courts, juvenile lay judges' courts can also have jurisdiction if criminal offenses or misconduct by adults affect children or young people or the protection of minors ( Section 26 GVG ). It is a ruling body at the district court and consists of a full-time judge as chairman and 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. ( § 33a )

Jurisdiction

According to § 40 JGG, the youth lay judge's court is responsible for all proceedings against young people (14 to under 18 years of age) and adolescents (18 to under 21 years of age) for which the youth judge or the youth chamber at the regional court is not responsible. So these are especially the cases in which a youth penalty is to be expected. Of course, the juvenile lay judge's court is ultimately not prevented from imposing only educational measures or disciplinary measures , like the juvenile judge. In addition, youth protection matters, i.e. offenses against youth protection regulations or in which children or young people have been harmed, can also be charged with the youth lay judge's court (Section 26 GVG ).

Demarcation from the youth chamber

In contrast to the youth chamber, the juvenile lay judge has no jurisdiction if the criminal offense belongs to the jurisdiction of the jury court according to the general provisions ( homicides ). Due to the limited criminal power of the local court, the same applies to related proceedings with accused adults if the large criminal chamber of the regional court would be responsible for them.

The juvenile lay judge can impose a youth penalty of up to ten years. In youth protection matters against adults or if it applies general criminal law to an adolescent, it, like the lay judge's court , can impose a maximum of four years imprisonment.

Like all juvenile courts, the juvenile lay judges' court also sits in closed session if all of the accused are young people.

Against the judgments of youth Schöffengerichts the remedies that can appeal and revision are inserted. In the event that a youth penalty is imposed, an immediate appeal can also be lodged if the decision ordered or rejected the suspension of a youth penalty (for probation) ( Section 59 JGG).