Juvenile criminal law: a lawyer and overview for young people and parents

What age and what rules?

The starting point for juvenile criminal law is crimes committed between the ages of 12 and 18. In exceptional cases, an adult sanction may apply for 16 and 17 year olds. Youth sanctions can also be applied to young adults under certain conditions. The birthday on the day of the hearing alone does not tell the whole story.

Children under the age of 12 cannot be prosecuted. This does not mean that police contact or investigation is never possible. If in doubt, have the precise age, date of the offense and legal position explained so that the correct procedure is followed.

The first encounter with the police

An invitation for interrogation and an arrest are different starting points. Additional guarantees apply to young people. Ask why the conversation is taking place and make sure the young person really understands the explanation. Fear or the desire to get it over with quickly is not a good substitute for understanding the situation.

Identify language problems, medication, a disability or other needs that affect communication. The explanation about the police interrogation helps to collect questions. Explain which documents are available and who has already been in contact; prevent the young person from receiving the same unclear message from multiple adults.

The lawyer represents the young person

If a crime is suspected, a minor will be assigned a lawyer in the juvenile proceedings. The situation may be different in the case of minor offences. Therefore, ask which arrangement applies and what exactly is arranged. The lawyer has his own professional role in addition to parents and other supervisors.

Let the young person ask questions themselves and discuss which conversations are confidential. A parent who takes over all the answers can unintentionally obscure what the young person understands or needs. You can read more about affordability and special financing at pro deo legal assistance.

Parental support is important, but it has limits

Parents or an appropriate confidant can play a role in contact, support and understanding agreements. They do not automatically take over the defense. Whether attendance is permitted or mandatory depends in part on the phase and the applicable rules.

Ask explicitly who is being called and what is expected of each person. The young person and parent may have different questions. A practical parent question is, for example, about school or transport; a confidential question from the young person about the suspicion belongs to the lawyer.

The research also looks at the personal situation

The Child Protection Council can investigate and advise in a youth case. This also concerns the personal situation, development and required help. That investigation is a different task than assessing whether the criminal offense has been proven.

Prepare questions about home, school, work and guidance honestly and concretely. Collect existing agreements without constructing an ideal image yourself. Ask how factual inaccuracies in a report can be discussed and what role the lawyer has in those documents.

Not every juvenile case ends up before the same judge

Depending on the fact and the conditions, different settlements may apply. A Halt settlement is not the same as a conviction by the juvenile court. Nor does an invitation to Halt indicate that every young person is eligible or that a program is without conditions.

Discuss an offered route before it is seen as a simple formality. If a summons is issued, the summons, attendance and preparation must be discussed. Separate decisions apply again during pre-trial detention; use the explanation about pre-trial detention.

Session, school and future questions overview

Youth hearings generally take place behind closed doors. That does not mean that you can go to court without preparation. Ask who is present, which documents are discussed and when the young person will have the floor. Also check the call to parents or guardian.

Crimes are registered in judicial documentation from the age of 12; For violations, registration depends, among other things, on the fact and the settlement. The registration is not automatically deleted when someone turns 18. A successfully completed Halt program must be distinguished from this. If in doubt, ask exactly which decision has been registered and how you can view your own data.

Take concerns about work, education and a Certificate of Good Conduct seriously, but do not draw an automatic conclusion. The rules for judicial registration are slightly different from the assessment of a Certificate of Good Conduct. A criminal history does not make any education or future job impossible; the concrete assessment and required steps require attention.

Create an overview that the young person can use themselves

A short timeline with the next appointment, the lawyer's name and the most important questions is often more useful than a folder that only a parent can understand. Write out difficult words in plain language and ask whether the explanation is appropriate. Ask for an interpreter when needed.

Keep official documents and let the lawyer know in a timely manner if anything changes. Do not use a public contact form for complete child files. Our guide to a arrested family member helps parents and other relatives define their practical role.

• Check the date of the event and the age at that time.
• Ask who arranges lawyer assistance and how contact is possible.
• Make a note of the next appointment and any call for parents.
• Report language, care or support needs.
• Discuss school, work and VOG as separate questions.