Warning shot arrest

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As a warning shot arrest a maximum four-week long is press linguistically juvenile detention referred that by courts as a supplement to the parole suspended juvenile sentence may be imposed if the judge considers concluded that a suspended sentence alone the young offenders the injustice of his behavior is not clear enough before Eyes would lead. In Germany, there has been "warning shot arrest" since March 7, 2013.

Legislative process

On April 18, 2012, the Federal Cabinet decided on a corresponding wording aid for a draft law in which, in addition to the warning shot arrest, an increase in the maximum penalty for adolescents for murder in the case of particularly serious guilt from 10 to 15 years and a regulation of the so-called "pre-probation" is provided. The draft law was introduced to the Bundestag by the governing coalition on April 27, 2012 and referred to the specialist committees for advice. The Federal Council approved the “Law on the Extension of the Possibilities of Action in Young People's Justice” on July 6, 2012; it came into force on March 7, 2013.

background

The background to the tightening of the youth court sanction options is the effort to make the injustice and the consequences of misconduct clear to juvenile offenders. A mere suspended sentence is often not perceived by those affected as a consequence of their actions, but rather as an acquittal. In addition, the arrest should give the juvenile offender a necessary impulse to change his behavior by taking him out of his everyday life and the often “harmful environment” associated with it for a time and by the guardians in the penal system for at least a few days or weeks "Purposefully educational" is acted on him. In Germany, warning shot arrest is regulated by law in Section 16a of the JGG .

practice

Warning shot arrest is used with very different frequencies. In 2014, it was used in a total of 500 cases in 10 federal states for which figures are available (Bavaria, Saxony, Saarland, Brandenburg, Saxony-Anhalt, Thuringia, Schleswig-Holstein, Lower Saxony, Hamburg and Hesse). A third of the use cases were in Bavaria. Lower Saxony came in second with 111 convicts. In East Germany, however, it was rarely used.

criticism

The warning shot arrest has been criticized from various sides. Criminologists like Arthur Kreuzer and Frieder Dünkel accuse the warning shot arrest of being not only ineffective but also harmful. Instead, both suggest strengthening preventive measures. Various legal associations as well as the opposition factions in the German Bundestag argue similarly . The criminologist Dieter Dölling recently pointed out the lack of general preventive effect of the type and amount of sanctions in the magazine for juvenile criminal law and youth welfare (ZJJ 2012, 124 ff). Heribert Ostendorf also gave the warning shot arrest a critical appraisal .

Web links

Individual evidence

  1. ↑ German Bundestag Printed Matter 17/9389 , accessed on July 26, 2020
  2. ↑ German Bundestag, plenary minutes 176th meeting on April 27, 2012, shorthand report : Agenda item 36 (Draft of a law to expand the possibilities for juvenile court action), pp. 2, 68–77 (PDF). Retrieved July 26, 2020.
  3. ↑ Warning shot arrest against juvenile delinquency ( memento from April 11, 2013 in the Internet Archive ) Die Bundesregierung, March 7, 2013, accessed on June 23, 2013.
  4. ↑ Arthur Kreuzer: Warning shot arrest is a political wrong track . In: Zeit Online , April 27, 2012. Retrieved on April 30, 2012. (Note: the author published a similar article in the Zeitschrift für Rechtsspektiven (ZRP) 4/2012, 101.)
  5. ↑ Frieder Dünkel: No tightening of juvenile criminal law, but consistent expansion of socially integrative measures of the current JGG! In: New criminal policy . No. 1, 2010, pp. 2-3.
  6. ↑ Heribert Ostendorf, warning of the new "warning shot arrest" , magazine for international criminal law dogmatics (ZIS) 12/2012, 608 (PDF file; 68 kB)