In brief

Juvenile criminal law is less about retribution than about education. It has different consequences, different courts and many more ways to end a case without a judgment.

Under Section 1 JGG the Juvenile Courts Act distinguishes juveniles aged 14 to 17 at the time of the offence from young adults aged 18 to 20. Children under 14 lack criminal capacity (Section 19 StGB). For juveniles the court also examines whether they were mature enough to understand the wrongfulness of the act (Section 3 JGG). Juvenile law applies to young adults if their development at the time still equalled that of a juvenile or if the offence was a typical youthful lapse (Section 105 JGG). For many offences this is the usual outcome in practice.

The consequences

The statute works in stages. Educational measures under Section 9 JGG, above all directions such as a social skills course or anti-violence training. Disciplinary measures under Section 13 JGG: a warning, conditions such as community service or compensation, youth detention of up to four weeks. Only if that is not enough a juvenile sentence under Section 17 JGG, because of harmful tendencies or the gravity of guilt, at least six months, normally at most five years, ten for serious crimes. A juvenile sentence of up to two years can be suspended (Section 21 JGG).

There are no fines in the adult sense and no daily rates. The register works differently too: educational and disciplinary measures go into the educational register, not onto the certificate of conduct. A juvenile sentence of up to two years with probation does not appear there either (Section 32(2) no. 3 BZRG).

The procedure

Cases are heard by the juvenile judge or the juvenile lay assessor court. The juvenile court assistance service of the youth welfare office takes part and reports on the personal situation (Section 38 JGG). Hearings involving juveniles are not public (Section 48 JGG). The diversion options are especially important: the prosecutor may refrain from prosecution under Section 45 JGG and the court may discontinue under Section 47 JGG, often in exchange for an educational measure that has already been completed. Parents have their own rights to attend and be informed (Section 67 JGG).

For young clients between 18 and 21, whether juvenile or adult law applies is often more important than any question of evidence. We therefore prepare their history, school, training and family in a way that gives the juvenile court assistance service and the court a complete picture.

General explanation, not advice on an individual case. As of November 2026.