Juvenile Criminal Law: What Parents Need to Know if Their Child Is Accused

Your Child Is Accused? Stay Calm, and Act Correctly

When your own child is suddenly confronted with a criminal accusation, it is a shock for parents. A summons, a call from the police or the news that the son or daughter is under investigation triggers fear and helplessness. Many parents ask themselves what to do now, what their child faces and how they can protect them.

This article explains clearly how juvenile criminal law works, from what age it applies, what consequences are possible, what parents should do immediately and absolutely avoid, and why, precisely with young people without a German passport, the residence-law side must be considered.

From What Age Does Juvenile Criminal Law Apply?

Juvenile criminal law is governed by the Juvenile Court Act (Jugendgerichtsgesetz, JGG) and distinguishes three groups. Children under 14 are not criminally responsible; no criminal proceedings can be brought against them. Juveniles between 14 and 17 are subject to juvenile criminal law. For young adults between 18 and 20, it is examined in each individual case whether juvenile or already adult criminal law applies, depending on their stage of development and the nature of the offense.

For juveniles, the court additionally examines what is known as responsibility maturity. The question is whether the young person was mature enough, according to their moral and intellectual development, to recognize the wrongfulness of the act and to act on this understanding. This examination is an important starting point for the defense.

The Decisive Difference: Education Instead of Punishment

Juvenile criminal law pursues a fundamentally different purpose than adult criminal law. The focus is not on punishment but on the idea of education. The aim is for the young person to learn from what happened and not to offend again. This opens up possibilities that do not exist for adults in this form, and it is a real opportunity.

The possible responses are graduated. The mildest is the discontinuation of the proceedings, often combined with a condition such as community service, a victim-offender mediation or a conversation. In addition, there are educational measures and disciplinary measures such as directives, warnings or work conditions. The juvenile sentence, that is, deprivation of liberty, is the last resort and only comes into consideration for more serious offenses or harmful tendencies.

"In juvenile criminal law, it is rarely about fighting for an acquittal at any price. It is about finding a solution that does not burden the child for a lifetime over one mistake. An early, clever defense can achieve a great deal here."

• →Tom Beisel, Attorney

What Parents Should Do Immediately

The most important thing first: your child does not have to say anything about the matter. Like any accused person, it has the right to remain silent, and it should make use of this until a defense lawyer has been engaged and has reviewed the case file. Do not encourage your child to quickly clear up the matter with the police. What is said there can hardly be corrected later.

Accompany your child, but leave the legal side to an expert. Parents want to help and sometimes speak to the police or the court themselves. This is well-intentioned but can be harmful. All communication with authorities should go through the defense lawyer.

The Often Overlooked Side: Residence Status

If your child or your family does not hold a German passport, a second, frequently underestimated dimension is added. Criminal proceedings, and even more so a conviction, can affect the residence permit, complicate a later settlement permit or jeopardize naturalization. Even ongoing proceedings can delay immigration decisions.

For this reason, the defense should from the start keep in view not only the criminal proceedings but also the consequences under residence law. A resolution that is mild in criminal terms but causes damage under residence law is not a good solution. Both sides must be thought of together, and this is precisely a strength that matters when choosing a defense lawyer.

Why Early Defense Makes the Difference

Precisely because juvenile criminal law knows so many paths to a mild, educationally sensible solution, an early defense is particularly worthwhile. Those who start early can often achieve a discontinuation of the proceedings before it comes to charges or even a trial. This protects your child not only from a penalty but also from the burden of long proceedings.

Frequently Asked Questions

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