Still Juvenile Criminal Law at 18 to 20? What Section 105 JGG Means for Young Adults

Adult at 18? Not Necessarily in Criminal Law

Many young people and their families assume that full adult criminal law automatically applies on their 18th birthday. This is a misconception. For young adults, that is, people between 18 and 20 years of age, the milder juvenile criminal law can still be applied. Whether this is the case is decided in each individual case and can make a big difference to the outcome of proceedings.

This article explains when juvenile criminal law still applies to young adults under Section 105 JGG, why this is often more favorable and how the defense can work towards it in a targeted way.

What Section 105 JGG Covers

Section 105 JGG determines when juvenile criminal law rather than adult criminal law is to be applied to a young adult who has committed an offense. This is the case if the overall assessment of the personality shows that the young adult, at the time of the offense, was still equivalent to a juvenile according to their moral and intellectual development, or if, by its nature, circumstances or motives, the offense is a youthful misconduct.

The court thus examines the stage of development and the offense. If the young person was still juvenile in their maturity, or if the offense was typical of youthful behavior, juvenile criminal law applies. In practice, courts very frequently apply juvenile criminal law to young adults.

Why Juvenile Criminal Law Is Often More Favorable

The most important difference lies in the purpose. Juvenile criminal law places education at the forefront, not punishment. This opens up more flexible response options, from discontinuation through educational measures to a juvenile sentence that is measured differently than a penalty under adult law. The proceedings, too, are more strongly oriented towards the person and their development.

This does not mean that juvenile criminal law provides milder penalties in every case. In the most serious offenses, a considerable juvenile sentence can be imposed here as well. In the typical run of young-adult offenses, however, the range downwards is significantly greater, and especially the chances of a discontinuation or an educationally sensible, not purely punitive solution are higher. For a young person, it can therefore make a considerable difference whether they are treated under juvenile or adult criminal law.

"Whether a young adult is treated under juvenile or adult criminal law is often one of the most important course-settings in the entire proceedings. A good defense works out precisely this question."

• →Tom Beisel, Attorney

How the Defense Works Towards It

The application of juvenile criminal law is not a formality but the result of an assessment that the defense can influence. It can present the personal development, the life circumstances, the maturity and the character of the offense in such a way that the application of juvenile criminal law suggests itself. Precisely with young people whose life situation is still shaped by training, parental home and the search for orientation, there are often good arguments for this.

This is why it is worthwhile to engage a defense lawyer early who knows these aspects and presents them in a targeted way. What is worked out here in the first written submissions and during the proceedings can significantly shape the further course.

Frequently Asked Questions

Does adult criminal law automatically apply at 18?

No. For young adults between 18 and 20, juvenile criminal law can still apply under Section 105 JGG. This is decided in each individual case.

When is juvenile criminal law applied to young adults?

If the young adult, according to their development at the time of the offense, was still equivalent to a juvenile, or if the offense was a youthful misconduct. In practice, this is often the case.

Is juvenile criminal law really milder?

It is oriented differently. The idea of education is at the forefront, which enables more flexible responses. In many cases this is more favorable for the young person, even though a considerable juvenile sentence is also possible for the most serious offenses.

Can the defense influence which law applies?

Yes. The application of juvenile criminal law is based on an assessment of person and offense, on which the defense can make targeted submissions.

Are you or your child, as a young adult, facing criminal proceedings? Have it reviewed early whether the milder juvenile criminal law applies. I defend young people with empathy and determination and work out precisely this course-setting. Get in touch directly.