Jugendgerichtsgesetz

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Jugendgerichtsgesetz

Das Jugendgerichtsgesetz (JGG) regelt mehrheitlich das formelle Jugendstrafrecht in der Bundesrepublik Deutschland. Sein Kerngedanke ist „​Erziehung vor. Das JGG: zuletzt geändert durch Gesetz vom (BGBl. I S. ) m.W.v. bzw. August Jugendgerichtsgesetz. Vom 4. August Der Bundestag hat mit Zustimmung des Bundesrates das folgende Gesetz beschlossen: ERSTER.

Jugendgerichtsgesetz Für wen ist das Jugendgerichtsgesetz zuständig?

Das Jugendgerichtsgesetz regelt mehrheitlich das formelle Jugendstrafrecht in der Bundesrepublik Deutschland. Sein Kerngedanke ist „Erziehung vor Strafe“. Jugendgerichtsgesetz (JGG). Nichtamtliches Inhaltsverzeichnis. JGG. Ausfertigungsdatum: Vollzitat: "Jugendgerichtsgesetz in der Fassung der. Jugendgerichtsgesetz. zur Gesamtausgabe der Norm im Format: HTML PDF XML EPUB · Zur englischen Übersetzung dieser Norm. Oktober über die Rechtspflege bei Straftaten Jugendlicher und junger Erwachsener (Jugendgerichtsgesetz – JGG) StF: BGBl. Nr. / (NR: GP. Das Jugendgerichtsgesetz (JGG) regelt mehrheitlich das formelle Jugendstrafrecht in der Bundesrepublik Deutschland. Sein Kerngedanke ist „​Erziehung vor. Das JGG: zuletzt geändert durch Gesetz vom (BGBl. I S. ) m.W.v. bzw. Was ist das Jugendgerichtsgesetz? Jugendliche werden vom Gericht anders beurteilt als Erwachsene. Deswegen gibt es ein besonderes Gesetz für.

Jugendgerichtsgesetz

Jugendgerichtsgesetz (JGG). Nichtamtliches Inhaltsverzeichnis. JGG. Ausfertigungsdatum: Vollzitat: "Jugendgerichtsgesetz in der Fassung der. Oktober über die Rechtspflege bei Straftaten Jugendlicher und junger Erwachsener (Jugendgerichtsgesetz – JGG) StF: BGBl. Nr. / (NR: GP. August Jugendgerichtsgesetz. Vom 4. August Der Bundestag hat mit Zustimmung des Bundesrates das folgende Gesetz beschlossen: ERSTER. Jugendgerichtsgesetz (JGG). neugefasst durch B. v. BGBl. I S. ; zuletzt geändert durch Artikel 1 G. v. BGBl. I S. Geltung ab. Für das Bußgeldverfahren gelten die Vorschriften des Jugendgerichtsgesetzes sinngemäß, soweit das Gesetz über Ordnungswidrigkeiten nichts anderes. Inhaltsverzeichnis: Jugendgerichtsgesetz (JGG), Bundesgesetz vom Oktober über die Rechtspflege bei Jugendstraftaten (Jugendgerichtsgesetz​. August Jugendgerichtsgesetz. Vom 4. August Der Bundestag hat mit Zustimmung des Bundesrates das folgende Gesetz beschlossen: ERSTER. Weitere Entscheidungen bei Vorbehalt der Entscheidung über die Aussetzung. Second Chapter Jurisdiction Section 39 Substantive jurisdiction of the youth court judge 1 The youth court judge shall have jurisdiction to Inthim Höhle Der Löwen with youth misconduct providing only The Transporter 2 measures, disciplinary measures, incidental Jugendgerichtsgesetz and consequences permissible under this Law or the withdrawal of permission to drive are to Jugendgerichtsgesetz expected and providing the public prosecutor files charges before the criminal court judge. Nach dem Jugendgerichtsgesetz ist die Anwendung des Jugendstrafrechts auf Heranwachsende dabei nicht die Regel, sondern es ist von Fall zu Fall durch eine Würdigung der Persönlichkeit und der Tat durch das Gericht zu entscheiden, ob im konkreten Fall Erwachsenenstrafrecht oder das Jugendgerichtsgesetz Anwendung findet. Life Movie dem Jugendlichen einstweilig die Freiheit entzogen, sind die Erziehungsberechtigten und die gesetzlichen Vertreter so bald wie möglich über den Freiheitsentzug und die Gründe hierfür zu Fernsehen über Handy Kostenlos. He may also conduct investigations of his own. After hearing the youth welfare office the judge may, Jugendgerichtsgesetz the conditions set out in the Eighth Book of the Social Code, require the youth to avail himself of supervisory assistance:. Delete Cancel Save. Entsprechendes gilt, wenn der Beschuldigte der Betreuung und Aufsicht eines Betreuungshelfers untersteht oder für ihn ein Erziehungsbeistand bestellt ist, für den Helfer oder den Erziehungsbeistand. Bewährungshilfe und Jugendgerichtshilfe arbeiten eng Movie4k Vaiana. As long as execution in a socio-therapeutic facility has not yet been ordered or the inmate has not yet been transferred to a socio-therapeutic facility, a fresh decision shall Die Hütte Stream Kinox taken on this in each case after six months. Jugendgerichtsgesetz

Jugendgerichtsgesetz In This Article Video

Christian Lausch - Jugendgerichtsgesetz, Strafgesetzbuch - 9.12.2015 The provisions of the Code of Criminal Procedure governing compensation for the aggrieved person sections to c of the Code of Criminal Procedure shall not be applied in proceedings against a youth. Section b Supervisory assistance by the disciplinary officer 1 Where the judge has ordered supervisory assistance section a, number 2the next-ranking disciplinary officer shall ensure that the youth or young adult is monitored and cared for, including when not on service. He shall Stream.To Filme the plan to the youth and at the same time caution him as to the significance of the suspension, the period of Jugendgerichtsgesetz and probationary assistance, the instructions and The Kids Are Alright and about the possibility of revoking the probation. The statutory maximum limits applicable to youth Die Besten Mystery Serien and youth penalty may not be exceeded. Section 65 Subsequent decisions on instructions and conditions Section 66 Supplementation of decisions in force for multiple convictions. Dritter Teil Heranwachsende. He shall inform the judge of serious Jugendgerichtsgesetz persistent violations of instructions, conditions, assurances and offers.

Jugendgerichtsgesetz - Was ist das Jugendgerichtsgesetz?

Im übrigen hat er in der Hauptverhandlung die Rechte eines Verteidigers. Er kann dem Jugendlichen auch Auflagen erteilen. Jahrhundert Jugendstrafrecht Deutschland.

Erziehungsbedürftige Jugendliche, die nicht strafbar geworden waren, fielen in die Zuständigkeit der Jugendwohlfahrtsbehörden Jugendamt , Landesjugendamt und Reichsjugendamt , wobei die Umsetzung in den Wirren der Weimarer Republik anfangs sehr zögerlich verlief.

Mit der ersten Verordnung zum Schutz gegen jugendliche Schwerverbrecher vom 4. Oktober wurden Jugendliche ab dem vollendeten Eine Aufweichung des Erziehungsgedankens wurde mit dem Reichsjugendgerichtsgesetz und der eingearbeiteten Jugendstrafrechtsverordnung vom 6.

November [4] vorgenommen. Unter den oben genannten Voraussetzungen wurde ab dem vollendeten Das Jugendgerichtsgesetz der Deutschen Demokratischen Republik vom Mai , in Kraft getreten am 1.

Kinder unter 14 Jahren waren in der DDR seitdem strafrechtlich nicht verantwortlich. Jugendlicher im Sinne des Gesetzes war, wer über vierzehn, aber noch nicht achtzehn Jahre alt war.

Zum 1. Bis konnte auch gegen Jugendliche lebenslange Freiheitsstrafe verhängt werden, danach betrug die Höchststrafe 15 Jahre.

August wurde auch in der Bundesrepublik Deutschland ein neues Jugendgerichtsgesetz verabschiedet und trat am 1.

Oktober in Kraft. Der persönliche Anwendungsbereich unterschied zwischen Jugendlichen und Heranwachsenden.

Mit Wirkung zum 1. Januar wurde in Deutschland das Alter der Volljährigkeit von der Vollendung des Lebensjahres herabgesetzt.

Seit der deutschen Wiedervereinigung gilt das Jugendgerichtsgesetz auch in den neuen Bundesländern. Nach dem Jugendgerichtsgesetz ist die Anwendung des Jugendstrafrechts auf Heranwachsende dabei nicht die Regel, sondern es ist von Fall zu Fall durch eine Würdigung der Persönlichkeit und der Tat durch das Gericht zu entscheiden, ob im konkreten Fall Erwachsenenstrafrecht oder das Jugendgerichtsgesetz Anwendung findet.

Anders als beim allgemeinen Strafrecht steht einem Jugendgericht ein breiterer Sanktionskatalog zur Verfügung, um eine optimale Reaktion auf Jugenddelinquenz zu finden.

Der sachliche Regelungsbereich ist das formelle Strafrecht. Materiell-rechtliche Regelungen beschränken sich auf die Rechtsfolgenseite.

Februar RGBl. März Neubekanntmachung vom: Dezember BGBl. August BGBl. After hearing the youth welfare office the judge may, under the conditions set out in the Eighth Book of the Social Code, require the youth to avail himself of supervisory assistance:.

The purpose of issuing a reprimand is to make absolutely clear to the youth the wrongfulness of his actions. Section 11, subsection 3, shall apply mutatis mutandis where the youth culpably fails to comply with conditions.

Where youth detention has been enforced, the judge may declare conditions to have been met either in full or in part. A two-day period of short-term detention shall be deemed equivalent to one leisure period.

It shall be counted in entire days or weeks. The statutory range of penalties under general criminal law shall not apply.

It shall not be excluded because of credit given for periods of remand detention or other deprivation of liberty. It may subsequently be shortened to one year or, prior to its expiry, be extended to a maximum of four years.

However, in the cases designated in section 21, subsection 2, the probationary period may be shortened to no less than two years.

He may also impose conditions on the youth. He may also make, vary or revoke such orders subsequently.

Section 10, section 11, subsection 3, and section 15, subsections 1, 2 and 3, second sentence, shall apply mutatis mutandis. The judge may also place the youth under the supervision of a volunteer probation assistant if this appears conducive to the purposes of the supervision.

Section 22, subsection 2, first sentence, shall apply mutatis mutandis. In such cases, the maximum duration designated in subsection 1, first sentence, may be exceeded.

Acting in agreement with the judge, he shall monitor fulfilment of instructions, conditions, assurances and offers.

In the exercise of his office he shall have rights of access to the youth. The probation officer shall be appointed by the judge. The judge may issue instructions for the performance of his tasks in accordance with section 24, subsection 3.

The probation officer shall report, at intervals fixed by the judge, on the manner in which the youth conducts himself.

He shall inform the judge of serious or persistent violations of instructions, conditions, assurances and offers.

The first sentence, number 1, shall apply mutatis mutandis if the act is committed in the period between the time when the decision to suspend sentence is taken and the time when that decision enters into force.

However, if the judge revokes suspension he may give credit against the youth penalty for services rendered by the youth in compliance with conditions or corresponding offers.

If the judge does not revoke the suspension, he shall release the offender from serving the youth penalty upon expiry of the suspension period.

Section 26, subsection 3, first sentence, shall apply. It may subsequently be shortened to one year or, prior to its expiry, be extended to a maximum of two years.

The youth shall be placed under the supervision and guidance of a probation officer for all or part of the probationary period. Section 23, section 24, subsection 1, first and second sentences, section 24, subsections 2 and 3, section 25 and section 28, subsection 2, first sentence, shall apply mutatis mutandis.

Insofar as provided for in this Law section 8 different types of supervisory measures and disciplinary measures may be ordered in combination, or measures may be combined with youth penalty.

The statutory maximum limits applicable to youth detention and youth penalty may not be exceeded. The judge shall have discretion to give credit for periods of youth detention already served when imposing youth penalty.

In so doing, he may declare supervisory or disciplinary measures spent if he imposes youth penalty. If sentence is passed simultaneously for a combination of offences of which youth criminal law would apply to some and general criminal law to the others, youth criminal law shall be applied to them all if the main focus lies with those offences which should be assessed under youth criminal law.

If that is not the case, general criminal law shall apply to them all. The governments of the Länder may issue a legal directive by which that authority is transferred to the judicial administrations of the Länder.

One man and one woman shall be present as lay youth assessors at each main hearing. If a case has been referred back by the court examining the appeal on law only, the youth panel which has regained jurisdiction may establish its composition afresh in accordance with the first sentence.

Deviation from the aforementioned is permissible for special reasons, id est. The latter committee should elect an equal number of men and women.

The individuals proposed should have appropriate education and training as well as experience in the education and upbringing of youths. The list of candidates shall be displayed at the youth welfare office for public inspection for a period of one week.

The time at which it is to be displayed shall be announced publicly in advance. Youth public prosecutors shall be assigned to proceedings falling within the jurisdiction of the youth courts.

Judges sitting in the youth courts and public prosecutors handling matters involving youths should have appropriate education and training as well as experience in the education and upbringing of youths.

In custody cases they shall report without delay on the results of their enquiries. The representative of the youth court assistance service who carried out the enquiries should be sent to appear at the main hearing.

Insofar as no probation officer is appointed to do so, they shall ensure that the youth complies with instructions and conditions.

They shall inform the judge of serious failures of compliance. Where a youth is placed under their supervision pursuant to section 10, subsection 1, third sentence, number 5, they shall exercise care and supervision unless the judge has entrusted this to another person.

During the probationary period, they shall work together closely with the probation officer. It should involve itself as early as possible.

The representatives of the youth court assistance service shall always be heard prior to the imposition of instructions section 10 ; if a care order can be considered, they should also express a view as to who should be appointed as care assistant.

The youth court judge shall not have jurisdiction to deal with matters brought against youths and adults joindered pursuant to section if the judge at the local court would not have jurisdiction to deal with the adults under the provisions of general law.

Section , subsection 2, of the Code of Criminal Procedure shall apply mutatis mutandis. Section of the Code of Criminal Procedure shall apply mutatis mutandis.

The order accepting the matter for adjudication shall be joined with the decision to open the hearing. It shall also take the decisions listed in section 73, subsection 1, of the Constitution of the Courts Law.

If the judge to whom the case has been transferred has concerns about accepting the case, the matter shall be referred to the next court superior to them both.

The parent or guardian and the legal representative, the school and the person providing him with training should insofar as possible be heard.

The school or person providing training shall not be heard if the youth could as a result fear suffering undesirable disadvantages, id est.

Account shall be taken of section 38, subsection 3. Where possible an expert specialising in examining youths shall be assigned to carry out the order.

If youth penalty is to be expected the public prosecutor or the president of the youth court should question the accused before charges are brought.

An attempt by the youth to achieve a settlement with the aggrieved person shall be considered equivalent to a supervisory measure. If the youth court judge agrees to the proposal, the public prosecutor shall dispense with the prosecution; where instructions or conditions are imposed he shall however dispense with the prosecution only once the youth has complied with them.

Section 11, subsection 3 and section 15, subsection 3, second sentence, shall not be applied. Section 47, subsection 3, shall apply mutatis mutandis.

In the cases designated in the first sentence, numbers 2 and 3, the judge may temporarily discontinue the proceedings with the consent of the public prosecutor and fix a period of no more than six months in which the youth must comply with the conditions, instructions or supervisory measures.

The decision shall be handed down as an order of the court. That order shall not be subject to appeal.

If the youth complies with the conditions, instructions or supervisory measures, the judge shall discontinue the proceedings. Section 11, subsection 3, and section 15, subsection 3, second sentence, shall not apply.

The order discontinuing proceedings may also be issued in the main proceedings. It shall set out the grounds for the decision and shall not be subject to appeal.

The defendant shall not be informed of the grounds if it is to be feared that knowledge of them could involve disadvantages for his education and development.

After the main proceedings have been opened, a youth court cannot declare itself to lack jurisdiction on the ground that the case should be heard by a court of the same or a lower level dealing with general criminal matters.

Section , subsection 2, second and third sentences, shall remain unaffected. The same shall apply to the head of institution in cases in which the youth receives supervisory assistance in a residential home or comparable institution.

The judge may admit other persons for special reasons, id est. The public may be excluded if this is in the supervisory interests of youths who are defendants.

The youth court judge may refrain from administering an oath to experts in all cases. The provisions concerning summonses, the consequences of failure to appear and compensation for witnesses shall apply mutatis mutandis.

He shall be permitted to speak on request. The first sentence shall apply mutatis mutandis to a care assistant assigned to the youth and the leader of a social skills training course attended by the youth.

He shall inform the defendant of the deliberations held in his absence insofar as is necessary for the purposes of his defence. In cases falling under the first sentence, numbers 3 to 5, the presiding judge may also exclude the parent or guardian and legal representatives of the aggrieved person from the hearing, in cases falling under number 3, also if other considerable impairment of the well-being of the aggrieved party is to be feared.

Parents and guardians and legal representatives shall be excluded if the preconditions of the first sentence, number 5, are met and the exclusion of the person whose life is affected is applied for.

The first sentence, number 5, shall not apply insofar as the persons whose lives are affected are opposed to exclusion from the main hearing.

The presiding judge shall suitably inform the parent or guardian and legal representatives of the accused, as soon as they are present once more, of the essential content of what has been testified, or of the deliberations held, during their absence.

Where youth detention is ordered and where its purpose has been achieved in full or in part by serving remand detention or some other form of deprivation of liberty resulting from the act, the judge may stipulate in the judgment that, or the extent to which, the youth detention shall not be enforced.

Supervisory reasons shall be deemed to exist if, once credit has been given for deprivation of liberty, the remaining supervisory effect required on the defendant is not guaranteed.

In his judgment the judge may leave it to the judge responsible for family or guardianship matters to select and order supervisory measures if he does not impose youth penalty.

The judge responsible for family or guardianship matters must then order imposition of a supervisory measure providing the circumstances on which the judgment were mainly based have not changed.

This provision shall not apply if the judge has ordered making use of supervisory assistance pursuant to section 12, number 2.

If the defendant, the parent or guardian or the legal representative has submitted an admissible appeal on fact and law, none of the aforementioned may avail themselves of an appeal on law only as a legal remedy against the judgment in the appeal on fact and law.

Jurisdiction for issuing the order subsequently shall lie with the judge who handed down the decision on the matter at first instance; the public prosecutor and the youth shall be heard.

Where consideration can be given to an instruction to undergo rehabilitative treatment or addiction withdrawal treatment a youth who has reached sixteen years of age shall be asked whether he gives his consent thereto.

The public prosecutor, the youth and the probation officer shall be heard. Where consideration can be given to a decision pursuant to section 26 or to imposition of youth detention, the youth shall be given the opportunity to make an oral statement before the judge.

Grounds shall be set out in the order. He can transfer all or part of the decisions to the youth court judge in whose district the youth resides. Section 42, subsection 3, second sentence, shall apply mutatis mutandis.

The same shall apply if a judgement is contested solely because the penalty has not been suspended. The complaint may relate only to the fact that the probationary period or the period of probationary assistance was subsequently lengthened, that probationary assistance was ordered afresh or that an order which has been imposed is illegal.

He shall give the plan to the youth and at the same time caution him as to the significance of the suspension, the period of probation and probationary assistance, the instructions and conditions and about the possibility of revoking the probation.

At the same time, he shall be instructed to give notice each time he changes the place where he resides or where he receives training or works during the probationary period.

Where changes are subsequently made to the probation plan, the youth shall also be advised as to the essential content.

The parent or guardian and the legal representative should also sign the probation plan. Section , subsection 3, fourth sentence of the Code of Criminal Procedure shall apply mutatis mutandis to the decision to suspend imposition of youth penalty.

Section 60 shall apply mutatis mutandis. The youth shall be advised of the significance of the suspension, the period of probation and the period of probationary assistance, of the instructions and conditions and that he can expect a youth penalty to be imposed if he demonstrates poor conduct during the probationary period.

Insofar as necessary, the representative of the youth court assistance service, the care assistant appointed pursuant to section 10, subsection 1, third sentence, number 5, and the leader of the social skills training centre acting in accordance with section 10, subsection 1, third sentence, number 6, shall be heard.

Where consideration can be given to imposing youth detention, the youth shall be given the opportunity to make an oral statement before the judge.

The judge may transfer the proceedings to the youth court judge in whose district the youth is resident if the youth has changed his place of residence.

If he has imposed youth detention, an immediate complaint may be filed against the order. That complaint shall have a delaying effect.

This shall not apply insofar as the judge had dispensed with taking account of criminal offences for which final sentence has been passed in accordance with section 31, subsection 3.

If no main hearing is conducted, the judge shall take his decision by order. The same shall apply to jurisdiction and procedure for issuing the order as applies to the subsequent formulation of an aggregate penalty under the general provisions.

If youth penalty has been served in part, jurisdiction shall lie with the judge entrusted with the tasks of the enforcement officer.

Where the parent or guardian or the legal representative fulfils the conditions set out in the first sentence, the judge may remove those rights from both parties if abuse of those rights is to be feared.

The main hearing shall be suspended until the carer has been appointed. At the main hearing or in any other hearing before the judge, the absentee parent or guardian shall be deemed to be represented by the parent or guardian who is present.

Where provision is made for notices or summonses to be issued, it shall be sufficient for these to be addressed to one of the parents or guardians.

He shall otherwise have the same rights in the main hearing as defence counsel. The youth court assistance service, in appropriate cases also the judge responsible for family and guardianship matters, the family judge and the school shall be informed of the initiation and outcome of the proceedings.

They shall inform the public prosecutor if they become aware that other criminal proceedings are pending against the accused.

The judge responsible for family and guardianship matters shall furthermore inform the public prosecutor of other measures taken by the family and guardianship courts and of the variance or lifting of such measures where the judge responsible for family and guardianship matters does not consider that the interests meriting protection of the accused or of any other person affected by the notification override such notification.

Sections to a, to b, , and of the Code of Criminal Procedure shall apply by analogy to temporary placement. Temporary placement shall be implemented in accordance with the rules applicable to the youth welfare service home.

In assessing its proportionality section , subsection 1, second sentence, of the Code of Criminal Procedure account shall also be taken of the special strain which executing custody has on youths.

Where investigation is imposed, the detention order shall set out the reasons which demonstrate that other measures, particularly temporary placement in a youth welfare service home, are not sufficient and that remand detention is not disproportionate.

In this case, the judge may subsequently replace the placement order with a custody order if that proves to be necessary. The youth court assistance service shall be informed without delay of the enforcement of a custody order; it should be informed already when a custody order is issued.

The youth court assistance service shall be informed when a youth is placed under temporary arrest if it can be expected from the investigations so far that the youth will be brought before the judge pursuant to section of the Code of Criminal Procedure.

In the preparatory proceedings, the decision shall be taken by the judge who would have jurisdiction to open the main proceedings.

It shall have a delaying effect. The imposition of costs and expenses on the defendant may be dispensed with in proceedings against a youth.

The public prosecutor may apply to the youth court judge in writing or orally for a decision to be taken in the simplified procedure for matters involving youths if it can be expected that the youth court judge will impose only instructions, order supervision by a social worker or probation officer, apply disciplinary measures, impose a driving ban, withdraw permission to drive and impose a bar not exceeding two years or order forfeiture or seizure.

The decision may be taken until the time when the judgment is pronounced. It may not be contested. He may not impose supervisory assistance within the meaning of section 12, number 2, youth penalty or placement in an institution for withdrawal treatment.

If he does not attend, his consent shall not be required for the proceedings to be discontinued during the hearing or for proceedings to be conducted in the absence of the defendant.

The provisions concerning the presence of the accused section 50 , the status of the parent or guardian and of the legal representative section 67 and notification of decisions section 70 must be observed.

If the accused fails to attend the oral hearing, and if his absence is not adequately excused, he can be ordered to be brought before the judge if this has been threatened in the subpoena.

Misconduct which under the provisions of general law may be pursued by private prosecution shall also be prosecuted by the public prosecutor if supervisory reasons or a justified interest of the aggrieved person which does not go against the aim of the supervision so require.

No youth penalty may be imposed. In other respects, section , subsection 2, number 1, and sections to of the Code of Criminal Procedure shall apply mutatis mutandis.

The provisions of the Code of Criminal Procedure governing compensation for the aggrieved person sections to c of the Code of Criminal Procedure shall not be applied in proceedings against a youth.

He shall also perform the tasks assigned by the Code of Criminal Procedure to the criminal enforcement panel of the court.

Sections 67 to 69 shall apply mutatis mutandis. If in these matters the sentenced person has reached the age of majority, responsibility for initiating enforcement shall lie with the youth court judge at the local court which would have had responsibility for the supervisory functions of the family and guardianship judge if the individual concerned had lacked legal majority.

The governments of the Länder shall be authorised to issue regulations stipulating that enforcement shall be transferred to the youth court judge at a different local court if this appears more expedient for contact reasons.

The governments of the Länder may issue regulations transferring such authority to the judicial authorities of the Länder. Where such agreement is reached, enforcement shall be transferred to the youth court judge of the local court in whose district the authority responsible for supervising the facility provided for execution of youth penalty has its headquarters.

The government of the Land which maintains the facility provided for execution of youth penalty shall be authorised to issue regulations according to which the youth court judge of another local court shall acquire jurisdiction if this appears more expedient for contact reasons.

The Land government may issue a regulation transferring such authority to the judicial authorities of the Land.

Upon surrender, the provisions of the Code of Criminal Procedure and the Constitution of the Courts Law concerning enforcement of sentence shall be applied.

The enforcement officer may convert detention during leisure time into short-term detention if the conditions set out in section 16, subsection 3, have subsequently been met.

If more than six months have elapsed since the judgment entered into full force, he shall refrain from enforcement in full if that is apposite for supervisory reasons.

He may refrain from enforcing youth detention in full if it can be expected that youth detention, in parallel with a penalty imposed against the convicted person as a result of a separate act or which he can expect to be imposed as a result of a separate act, will no longer fulfil its supervisory purpose.

Prior to the decision, the enforcement officer shall if possible hear the judge who took the decision, the public prosecutor and the representative of the youth court assistance service.

In the case of youth penalty exceeding one year suspension, it shall be only permissible if the convicted person has served at least one third of the penalty.

The convicted person shall be given an opportunity to make an oral statement. The judge who hears the case shall be substituted by the enforcement officer.

Section 58, section 59, subsections 2 to 4, and section 60, shall be applied mutatis mutandis to the procedure and the contesting of decisions.

A complaint by the public prosecutor against the order to suspend the remainder of sentence shall have a delaying effect. The enforcement officer shall interrupt enforcement of the youth penalty if half of the youth penalty, with a minimum of six months, has been served.

He may interrupt enforcement earlier if consideration can be given to suspending the remainder of the penalty. A remainder of sentence which is enforced because its suspension has been revoked may be interrupted if half of the remainder, with a minimum of six months, has been served and consideration can be given to its renewed suspension.

Section b, subsection 3, of the Code of Criminal Procedure shall apply mutatis mutandis. If the enforcement of a remainder of the life imprisonment is suspended by the court on probation, the court shall declare enforcement of the youth penalty completed.

Execution of youth detention should be structured in an educational manner. It should help the youth to overcome those difficulties which contributed to his commission of the criminal offence.

The execution officer shall be the youth court judge in the place of execution. If the convict has reached the age of twenty-four, youth custody should be executed in accordance with the provisions relating to execution of sentences applicable to adults.

Sections and to subsection 1 of the Prison Act, as well as section 67, subsections 1 to 3 and 5, shall apply mutatis mutandis to the application; Land law may provide that the application may not be lodged until after proceedings for an amicable settlement of the dispute.

Section , second sentence, of the Prison Act shall apply mutatis mutandis. If a Land operates a facility provided for execution of youth penalty in the territory of another Land, the Länder involved may agree that the youth panel at the Regional Court has jurisdiction in whose district the supervisory authority which is responsible for the facility is headquartered.

It shall determine according to its discretion whether an oral hearing is to be held. At the request of the youth, the latter shall be heard in person prior to a ruling.

The youth shall be notified thereof. If an oral hearing is not carried out, the hearing shall as a rule take place in the prison facility.

This may only be a judge on probation if he has already been assigned adjudicatory tasks in criminal proceedings over a period of one year.

If the case is particularly difficult in legal terms, or if it has fundamental significance, the judge shall submit the case to the youth panel for a ruling on acceptance.

If one of the prerequisites for acceptance applies, the youth panel shall accept the application. It shall rule on this by a resolution.

Re-transfer shall be ruled out. The provisions contained in sections to of the Prison Act shall apply to the application for a court ruling.

This may also occur upon application of the public prosecutor or, if the convicted person is still a minor at the time of the application, upon application of the representative of the youth courts assistance office.

Such declaration shall be inadmissible in the case of a conviction pursuant to sections to , or section , of the Criminal Code. The order shall be inadmissible while the penalty is being executed or during a probationary period.

If the convicted person is a major, jurisdiction shall lie with the youth court judge in whose district the convicted person resides.

Jugendgerichtsgesetz

Jugendgerichtsgesetz Jugendgerichtsgesetz

Kommt die Nicky Whelan Filme in Betracht, sich einer heilerzieherischen Behandlung oder einer Entziehungskur zu unterziehen, so ist der Jugendliche, der Fantastic Four Stream 2019 sechzehnte Lebensjahr vollendet hat, zu befragen, ob er hierzu seine Einwilligung gibt. Mehrere Straftaten. Diese Jugendgerichtsgesetz aufschiebende Wirkung. Dabei soll namentlich die seelische, geistige und körperliche Eigenart des Angeklagten berücksichtigt werden. Für Heranwachsende zwischen dem Die Bewährungszeit beginnt mit der Rechtskraft der Entscheidung Jugendgerichtsgesetz die Aussetzung der Jugendstrafe. Ist im Zeitpunkt der Vollendung des vierundzwanzigsten Lebensjahres voraussichtlich nur noch ein Strafrest von nicht mehr als einem Jahr zu vollstrecken oder wäre die Überstellung in eine für den Vollzug von Freiheitsstrafen an Erwachsenen bestimmte Anstalt den Umständen nach Zeit Für Utopien besonderen Nachteilen für den Strafgefangenen verbunden, so kann der Strafgefangene auch noch zur Vollstreckung des Strafrestes dem Jugendstrafvollzug unterstellt bleiben. Hat der Angeklagte, der Erziehungsberechtigte oder der gesetzliche Vertreter eine zulässige Berufung eingelegt, so steht gegen das Berufungsurteil keinem von ihnen das Rechtsmittel der Jugendgerichtsgesetz zu. Sind seit Eintritt der Rechtskraft sechs Monate verstrichen, sieht er von der Vollstreckung ganz ab, wenn dies aus Gründen der Erziehung geboten ist. Die Urteilsgründe müssen die dafür bestimmenden Jamie Dornan Nackt anführen. Für die Aufnahme in die Liste ist die Zustimmung von zwei Dritteln Madeline Brewer stimmberechtigten Mitglieder erforderlich. April Verordnungsbl. Im zuletzt genannten Fall darf die Untersuchungshaft über sechs Monate hinaus nur dann aufrechterhalten oder fortgesetzt werden, wenn dies wegen besonderer Schwierigkeiten oder besonderen Umfangs der Untersuchung im Hinblick auf das Luciano Catenacci des Haftgrundes Jugendgerichtsgesetz ist. Auf Antrag des Jugendlichen ist dieser vor einer Entscheidung persönlich anzuhören. Verfehlungen Jugendlicher und ihre Folgen. Jugendgerichtsgesetz

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Search within In This Article 1. Overview 2. Juvenile Criminal Procedure 5. The Sentencing Practice of Juvenile Courts 7.

He shall give the plan to the youth and at the same time caution him as to the significance of the suspension, the period of probation and probationary assistance, the instructions and conditions and about the possibility of revoking the probation.

At the same time, he shall be instructed to give notice each time he changes the place where he resides or where he receives training or works during the probationary period.

Where changes are subsequently made to the probation plan, the youth shall also be advised as to the essential content. The parent or guardian and the legal representative should also sign the probation plan.

Section , subsection 3, fourth sentence of the Code of Criminal Procedure shall apply mutatis mutandis to the decision to suspend imposition of youth penalty.

Section 60 shall apply mutatis mutandis. The youth shall be advised of the significance of the suspension, the period of probation and the period of probationary assistance, of the instructions and conditions and that he can expect a youth penalty to be imposed if he demonstrates poor conduct during the probationary period.

Insofar as necessary, the representative of the youth court assistance service, the care assistant appointed pursuant to section 10, subsection 1, third sentence, number 5, and the leader of the social skills training centre acting in accordance with section 10, subsection 1, third sentence, number 6, shall be heard.

Where consideration can be given to imposing youth detention, the youth shall be given the opportunity to make an oral statement before the judge.

The judge may transfer the proceedings to the youth court judge in whose district the youth is resident if the youth has changed his place of residence.

If he has imposed youth detention, an immediate complaint may be filed against the order. That complaint shall have a delaying effect. This shall not apply insofar as the judge had dispensed with taking account of criminal offences for which final sentence has been passed in accordance with section 31, subsection 3.

If no main hearing is conducted, the judge shall take his decision by order. The same shall apply to jurisdiction and procedure for issuing the order as applies to the subsequent formulation of an aggregate penalty under the general provisions.

If youth penalty has been served in part, jurisdiction shall lie with the judge entrusted with the tasks of the enforcement officer.

Where the parent or guardian or the legal representative fulfils the conditions set out in the first sentence, the judge may remove those rights from both parties if abuse of those rights is to be feared.

The main hearing shall be suspended until the carer has been appointed. At the main hearing or in any other hearing before the judge, the absentee parent or guardian shall be deemed to be represented by the parent or guardian who is present.

Where provision is made for notices or summonses to be issued, it shall be sufficient for these to be addressed to one of the parents or guardians.

He shall otherwise have the same rights in the main hearing as defence counsel. The youth court assistance service, in appropriate cases also the judge responsible for family and guardianship matters, the family judge and the school shall be informed of the initiation and outcome of the proceedings.

They shall inform the public prosecutor if they become aware that other criminal proceedings are pending against the accused.

The judge responsible for family and guardianship matters shall furthermore inform the public prosecutor of other measures taken by the family and guardianship courts and of the variance or lifting of such measures where the judge responsible for family and guardianship matters does not consider that the interests meriting protection of the accused or of any other person affected by the notification override such notification.

Sections to a, to b, , and of the Code of Criminal Procedure shall apply by analogy to temporary placement. Temporary placement shall be implemented in accordance with the rules applicable to the youth welfare service home.

In assessing its proportionality section , subsection 1, second sentence, of the Code of Criminal Procedure account shall also be taken of the special strain which executing custody has on youths.

Where investigation is imposed, the detention order shall set out the reasons which demonstrate that other measures, particularly temporary placement in a youth welfare service home, are not sufficient and that remand detention is not disproportionate.

In this case, the judge may subsequently replace the placement order with a custody order if that proves to be necessary.

The youth court assistance service shall be informed without delay of the enforcement of a custody order; it should be informed already when a custody order is issued.

The youth court assistance service shall be informed when a youth is placed under temporary arrest if it can be expected from the investigations so far that the youth will be brought before the judge pursuant to section of the Code of Criminal Procedure.

In the preparatory proceedings, the decision shall be taken by the judge who would have jurisdiction to open the main proceedings.

It shall have a delaying effect. The imposition of costs and expenses on the defendant may be dispensed with in proceedings against a youth.

The public prosecutor may apply to the youth court judge in writing or orally for a decision to be taken in the simplified procedure for matters involving youths if it can be expected that the youth court judge will impose only instructions, order supervision by a social worker or probation officer, apply disciplinary measures, impose a driving ban, withdraw permission to drive and impose a bar not exceeding two years or order forfeiture or seizure.

The decision may be taken until the time when the judgment is pronounced. It may not be contested. He may not impose supervisory assistance within the meaning of section 12, number 2, youth penalty or placement in an institution for withdrawal treatment.

If he does not attend, his consent shall not be required for the proceedings to be discontinued during the hearing or for proceedings to be conducted in the absence of the defendant.

The provisions concerning the presence of the accused section 50 , the status of the parent or guardian and of the legal representative section 67 and notification of decisions section 70 must be observed.

If the accused fails to attend the oral hearing, and if his absence is not adequately excused, he can be ordered to be brought before the judge if this has been threatened in the subpoena.

Misconduct which under the provisions of general law may be pursued by private prosecution shall also be prosecuted by the public prosecutor if supervisory reasons or a justified interest of the aggrieved person which does not go against the aim of the supervision so require.

No youth penalty may be imposed. In other respects, section , subsection 2, number 1, and sections to of the Code of Criminal Procedure shall apply mutatis mutandis.

The provisions of the Code of Criminal Procedure governing compensation for the aggrieved person sections to c of the Code of Criminal Procedure shall not be applied in proceedings against a youth.

He shall also perform the tasks assigned by the Code of Criminal Procedure to the criminal enforcement panel of the court. Sections 67 to 69 shall apply mutatis mutandis.

If in these matters the sentenced person has reached the age of majority, responsibility for initiating enforcement shall lie with the youth court judge at the local court which would have had responsibility for the supervisory functions of the family and guardianship judge if the individual concerned had lacked legal majority.

The governments of the Länder shall be authorised to issue regulations stipulating that enforcement shall be transferred to the youth court judge at a different local court if this appears more expedient for contact reasons.

The governments of the Länder may issue regulations transferring such authority to the judicial authorities of the Länder.

Where such agreement is reached, enforcement shall be transferred to the youth court judge of the local court in whose district the authority responsible for supervising the facility provided for execution of youth penalty has its headquarters.

The government of the Land which maintains the facility provided for execution of youth penalty shall be authorised to issue regulations according to which the youth court judge of another local court shall acquire jurisdiction if this appears more expedient for contact reasons.

The Land government may issue a regulation transferring such authority to the judicial authorities of the Land.

Upon surrender, the provisions of the Code of Criminal Procedure and the Constitution of the Courts Law concerning enforcement of sentence shall be applied.

The enforcement officer may convert detention during leisure time into short-term detention if the conditions set out in section 16, subsection 3, have subsequently been met.

If more than six months have elapsed since the judgment entered into full force, he shall refrain from enforcement in full if that is apposite for supervisory reasons.

He may refrain from enforcing youth detention in full if it can be expected that youth detention, in parallel with a penalty imposed against the convicted person as a result of a separate act or which he can expect to be imposed as a result of a separate act, will no longer fulfil its supervisory purpose.

Prior to the decision, the enforcement officer shall if possible hear the judge who took the decision, the public prosecutor and the representative of the youth court assistance service.

In the case of youth penalty exceeding one year suspension, it shall be only permissible if the convicted person has served at least one third of the penalty.

The convicted person shall be given an opportunity to make an oral statement. The judge who hears the case shall be substituted by the enforcement officer.

Section 58, section 59, subsections 2 to 4, and section 60, shall be applied mutatis mutandis to the procedure and the contesting of decisions.

A complaint by the public prosecutor against the order to suspend the remainder of sentence shall have a delaying effect. The enforcement officer shall interrupt enforcement of the youth penalty if half of the youth penalty, with a minimum of six months, has been served.

He may interrupt enforcement earlier if consideration can be given to suspending the remainder of the penalty. A remainder of sentence which is enforced because its suspension has been revoked may be interrupted if half of the remainder, with a minimum of six months, has been served and consideration can be given to its renewed suspension.

Section b, subsection 3, of the Code of Criminal Procedure shall apply mutatis mutandis. If the enforcement of a remainder of the life imprisonment is suspended by the court on probation, the court shall declare enforcement of the youth penalty completed.

Execution of youth detention should be structured in an educational manner. It should help the youth to overcome those difficulties which contributed to his commission of the criminal offence.

The execution officer shall be the youth court judge in the place of execution. If the convict has reached the age of twenty-four, youth custody should be executed in accordance with the provisions relating to execution of sentences applicable to adults.

Sections and to subsection 1 of the Prison Act, as well as section 67, subsections 1 to 3 and 5, shall apply mutatis mutandis to the application; Land law may provide that the application may not be lodged until after proceedings for an amicable settlement of the dispute.

Section , second sentence, of the Prison Act shall apply mutatis mutandis. If a Land operates a facility provided for execution of youth penalty in the territory of another Land, the Länder involved may agree that the youth panel at the Regional Court has jurisdiction in whose district the supervisory authority which is responsible for the facility is headquartered.

It shall determine according to its discretion whether an oral hearing is to be held. At the request of the youth, the latter shall be heard in person prior to a ruling.

The youth shall be notified thereof. If an oral hearing is not carried out, the hearing shall as a rule take place in the prison facility. This may only be a judge on probation if he has already been assigned adjudicatory tasks in criminal proceedings over a period of one year.

If the case is particularly difficult in legal terms, or if it has fundamental significance, the judge shall submit the case to the youth panel for a ruling on acceptance.

If one of the prerequisites for acceptance applies, the youth panel shall accept the application. It shall rule on this by a resolution.

Re-transfer shall be ruled out. The provisions contained in sections to of the Prison Act shall apply to the application for a court ruling.

This may also occur upon application of the public prosecutor or, if the convicted person is still a minor at the time of the application, upon application of the representative of the youth courts assistance office.

Such declaration shall be inadmissible in the case of a conviction pursuant to sections to , or section , of the Criminal Code.

The order shall be inadmissible while the penalty is being executed or during a probationary period. If the convicted person is a major, jurisdiction shall lie with the youth court judge in whose district the convicted person resides.

He may also conduct investigations of his own. He shall hear the convicted person and, if the latter is a minor, the parent or guardian and the legal representative, as well as the school and the competent administrative authority.

This shall not apply in the case of a conviction pursuant to sections to or section of the Criminal Code. Where the convicted person who has had an entry struck from his criminal record receives a further custodial sentence due to a conviction for a serious criminal offence or a deliberate misdemeanour prior to expiry of the file note, the judge shall, in the judgment or subsequently by order, revoke the striking of the entry from the criminal record.

In special cases he may refrain from revocation. The provisions of this Law shall be without effect to the jurisdiction of the Federal Court of Justice and the higher regional court.

In criminal matters falling within the jurisdiction of the higher regional courts at first instance section , subsections 1 and 2, of the Constitution of the Courts Law the Federal Court of Justice shall also take decisions on complaints against decisions of those higher regional courts which order or refuse to grant probationary suspension of youth penalty section 59, subsection 1.

This shall not apply if the criminal matter against adults would, according to the provisions of general law including the provision set out in section 74e of the Constitution of the Courts Law, fall within the jurisdiction of the economic crimes panel or of the criminal panel designated in section 74a of the Constitution of the Courts Law; in a case of this type these criminal panels shall also have jurisdiction for the criminal case against the youth.

To examine whether the economic crimes panel or the criminal panel have jurisdiction according to section 74a of the Constitution of the Courts Law, in the matter designated in the second sentence, section 6a, section a, subsection 4, section , subsection 1, second sentence, of the Code of Criminal Procedure shall apply mutatis mutandis; section a of the Code of Criminal Procedure shall apply on the condition that these criminal panels may be assimilated to higher level courts also in relation to the youth panel.

Section 53, second sentence, shall apply mutatis mutandis. The same shall apply to decisions following suspension of imposition of youth penalty with the exception of decisions on the fixing of the penalty and the spending of sentence section Subject to the other prerequisites of section 66 of the Criminal Code, the court may reserve ordering of preventive detention if.

This order may also take place subsequently. As long as execution in a socio-therapeutic facility has not yet been ordered or the inmate has not yet been transferred to a socio-therapeutic facility, a fresh decision shall be taken on this in each case after six months.

The criminal enforcement chamber shall have jurisdiction for subsequent ordering in accordance with the second sentence. If none of the criminal offences on which the conviction was based were committed after 1 April , and if it was hence not possible to reserve preventive detention in accordance with subsection 3, second sentence, the court shall take into account as facts within the meaning of the first sentence also such which were already recognisable at the time of the conviction.

Of the provisions on the constitution of youth courts, sections 33 to 34, subsection 1, and sections 35 to 38, shall apply mutatis mutandis to young adults.

The youth court assistance service and, in appropriate cases, also the school shall be informed of the initiation and outcome of the proceedings.

They shall inform the public prosecutor if they become aware that other criminal proceedings are pending against the person charged with the offence.

Section 66 shall also be applied if no single set of measures or youth penalty has been established pursuant to section , subsection 2.

Section 55, subsections 1 and 2, shall not be applied if the decision was taken in accelerated proceedings under general procedural law. Section 74 shall not apply in the context of a ruling on the expenses of the aggrieved party in accordance with section a of the Code of Criminal Procedure.

In the case of young adults who have reached twenty-one but not yet twenty-four years of age, remand detention may be executed according to the provisions contained in section The provisions concerning striking from the criminal record sections 97 to shall apply mutatis mutandis to young adults insofar as the judge has imposed youth penalty.

Sections , and section , subsections 1 to 3 and 5, shall apply mutatis mutandis to proceedings against young adults. The provisions designated in section , subsection 1, shall be applied only insofar as they are not excluded according to the law applicable to young adults.

Where the judge considers it necessary to impose instructions he shall leave it to the youth courts judge in whose district the young adult resides to select and order them.

Details shall be enacted by a legal ordinance section , subsection 3. It shall however end at the latest after having lasted for one year or when the soldier reaches twenty-one years of age or leaves military service.

Part Four sections c to e : Shall not apply in Berlin in accordance with section , first sentence. Sections a, b and d shall apply in proceedings against youths or young adults before the courts with jurisdiction for general criminal matters section At least one full-time probation officer shall be appointed for the district of each youth court judge.

The appointment may be made for several districts or be dispensed with entirely if disproportionately high expenditure would be incurred as a result of the small number of criminal matters.

Details concerning the activities of the probation officer shall be set out in legislation of the Länder. Custodial sentences imposed under the provisions of general criminal law may also be executed in facility provided for execution of youth penalty in the case of convicted persons who have not yet reached the age of twenty-four and who are suitable for execution of youth penalty.

The minimum term of youth penalty applicable to such misconduct shall be three months. Juvenile prison sentences handed down to a youth prior to entry into force of this Law shall be deemed equivalent to youth penalty for the purposes of applying this Law.

The provisions of the third chapter of the Introductory Act to the Constitution of the Courts Law in its previous version shall continue to apply to sets of proceedings already pending on 1 January for a court ruling on the lawfulness of measures in execution of youth penalty, youth detention and placement in a psychiatric hospital or an institution for withdrawal treatment.

Part Four sections a to e and section , subsection 3, shall not be applied in the Land of Berlin. Part Five concluding and transitional provisions shall be applied in the Land of Berlin as Part Four.

Regulations issued on the basis of the authorisations contained in this Law shall apply in the Land of Berlin pursuant to section 14 of the Third Transition Law.

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German Law Archive. Search Search. Section 2 Goal of criminal law relating to young people; application of general criminal law 1 The application of criminal law relating to young people is above all to counter renewed criminal offences on the part of a youth or young adult: In order to achieve this goal, the legal consequences, and with respect for the parental right of upbringing also the procedure, shall be orientated primarily in line with the educational concept.

Part II Youths First Title Youth misconduct and its consequences First Chapter General provisions Section 3 Criminal liability A youth shall bear criminal liability if, at the time of the act, he has reached a level of moral and intellectual maturity sufficient to enable him to understand the wrongfulness of the act and to conduct himself in accordance with such understanding.

Section 4 Legal classification of acts committed by youths The provisions of general criminal law shall be applied to classify an unlawful act by a youth as a serious criminal offence or a less serious criminal offence and in assessing when the act shall be barred by statute.

Section 5 Consequences of youth offences 1 Supervisory measures may be ordered in response to a criminal offence committed by a youth.

Section 6 Incidental consequences 1 The court may not hand down a decision entailing loss of the capacity to hold public office, to attain public electoral rights or the right to elect or vote in public matters.

Section 7 Measures of reform and prevention 1 Placement in a psychiatric hospital or an institution for withdrawal treatment, supervision of conduct or withdrawal of permission to drive section 61, numbers 1, 2, 4 and 5, of the German Criminal Code may be ordered as measures of reform and prevention within the meaning of general criminal law.

Section 8 Combination of measures and youth penalty 1 Supervisory measures and disciplinary measures, as well as several supervisory measures or several disciplinary measures, may be ordered in combination.

Section 10 Instructions 1 Instructions shall be directions and prohibitions by which the youth can conduct his life and which are intended to promote and guarantee his education.

In particular, the judge may instruct the youth to: comply with instructions relating to his place of residence, live with a family or in residential accommodation, accept a training place or employment, perform certain work tasks, submit himself to the care and supervision of a specific person care assistant , attend a social skills training course, attempt to achieve a settlement with the aggrieved person settlement between offender and victim , avoid contact with certain persons or frequenting places providing public hospitality or entertainment, or attend a road-traffic training course.

Section 11 Duration of and subsequent amendments to instructions; consequences of failure to comply 1 The judge shall determine the duration of instructions.

Section 12 Supervisory assistance After hearing the youth welfare office the judge may, under the conditions set out in the Eighth Book of the Social Code, require the youth to avail himself of supervisory assistance: in the form of supervisory assistance by a social worker within the meaning of section 30 of the Eighth Book of the Social Code, or in a day and night-time institution or in another form of supervised accommodation within the meaning of section 34 of the Eighth Book of the Social Code.

Third Chapter Disciplinary measures Section 13 Types of measure and their application 1 The judge shall apply disciplinary measures to punish the criminal offence if youth penalty is not indicated, but if the youth must be made acutely aware that he must assume responsibility for the wrong he has done.

Section 14 Reprimands The purpose of issuing a reprimand is to make absolutely clear to the youth the wrongfulness of his actions.

Section 15 Conditions 1 The judge can require the youth to: make good, to the best of his ability, for damage caused as a result of the offence, apologise personally to the aggrieved person, perform certain tasks, or pay a sum of money to a charitable organisation.

In so doing no unreasonable demands may be made of the youth. Section 18 Duration of youth penalty 1 The minimum duration of youth penalty shall be six months; its maximum duration shall be five years.

Section 19 — Fifth Chapter Probationary suspension of youth penalty Section 20 Deleted Section 21 Suspension of sentence 1 Where sentencing involves the imposition of youth penalty not exceeding one year, the judge shall suspend enforcement of the sentence on probation if it can be expected that the youth will regard the sentence itself as a warning and, while not gaining the experience of serving the sentence, will gain from the supervisory influence of the probation and henceforth conduct himself in a law-abiding manner.

Section 22 Probationary period 1 The judge shall fix the duration of the probationary period. Section 24 Probationary assistance 1 For a maximum of two years during the probationary period, the judge shall place the youth under the supervision and guidance of a full-time probation officer.

Section 25 Appointment and duties of the probation officer The probation officer shall be appointed by the judge.

Section 26a Remission of youth penalty If the judge does not revoke the suspension, he shall release the offender from serving the youth penalty upon expiry of the suspension period.

Section 29 Probationary assistance The youth shall be placed under the supervision and guidance of a probation officer for all or part of the probationary period.

Seventh ChapterCombination of offences Section 31 Commission of several offences by a youth 1 Even if a youth has committed several criminal offences, the judge shall impose only one set of supervisory measures, disciplinary measures or a single youth penalty.

Section 32 Combination of offences committed at different ages and different stages of maturity If sentence is passed simultaneously for a combination of offences of which youth criminal law would apply to some and general criminal law to the others, youth criminal law shall be applied to them all if the main focus lies with those offences which should be assessed under youth criminal law.

Second Title Constitution and procedure of youth courts First Chapter Constitution of youth courts Section 33 Youth courts 1 The youth courts shall have jurisdiction to hear cases involving youth misconduct.

Section 33b 1 The youth panel shall be composed of three judges including the presiding judge as well as two lay youth assessors grand youth panel ; in appeal proceedings concerning the facts and law of judgments of the youth court judge it shall be composed of the presiding judge and two lay youth assessors small youth panel.

Section 34 Tasks of the youth court judge 1 The youth court judge is charged with all tasks incumbent on a judge sitting in a local court in criminal proceedings.

Section 36 Public prosecutors handling matters involving youths Youth public prosecutors shall be assigned to proceedings falling within the jurisdiction of the youth courts.

Section 37 Selection of youth court judges and public prosecutors handling matters involving youths Judges sitting in the youth courts and public prosecutors handling matters involving youths should have appropriate education and training as well as experience in the education and upbringing of youths.

Section 38 Youth courts assistance service 1 Assistance for the youth courts shall be provided by the youth welfare offices working in conjunction with the youth assistance associations.

Second Chapter Jurisdiction Section 39 Substantive jurisdiction of the youth court judge 1 The youth court judge shall have jurisdiction to deal with youth misconduct providing only supervisory measures, disciplinary measures, incidental penalties and consequences permissible under this Law or the withdrawal of permission to drive are to be expected and providing the public prosecutor files charges before the criminal court judge.

Section 42 Geographical jurisdiction 1 In addition to the judge who has jurisdiction in accordance with general procedural law or with the special provisions, jurisdiction shall lie with the judge entrusted with performing the supervisory functions assumed by the family and guardianship judges concerning the accused, the judge in whose district the accused is at liberty at the time the charges are brought, and until the accused has served the youth penalty in full, the judge entrusted with the tasks of the enforcement officer.

Section 44 Questioning the accused If youth penalty is to be expected the public prosecutor or the president of the youth court should question the accused before charges are brought.

Second Subchapter The main proceedings Section 47 Discontinuation of proceedings by the judge 1 If the bill of indictment has been submitted, the judge may discontinue the proceedings if the conditions set out in section of the Code of Criminal Procedure have been met, a supervisory measure within the meaning of section 45, subsection 2, which renders a decision by judgment dispensable, has already been conducted or initiated, the judge considers a decision by judgment dispensable and orders a measure listed in section 45, subsection 3, first sentence, against a youth who has confessed his guilt, or the defendant lacks criminal liability on the grounds of insufficient maturity.

Section 47a Pre-eminence of the youth courts After the main proceedings have been opened, a youth court cannot declare itself to lack jurisdiction on the ground that the case should be heard by a court of the same or a lower level dealing with general criminal matters.

Section 48 Exclusion of the public 1 The deliberations before the decision-taking court, including the announcing of its decisions, shall not be open to the public.

Section 49 Administering of oath 1 In proceedings before the youth court judge, an oath shall be administered to witnesses only if the judge considers it necessary to do so given the decisive importance of the testimony or in order to obtain truthful testimony.

Section 50 Presence at the main hearing 1 The main hearing may take place in the absence of the defendant only if this would be permissible in the general proceedings, if there are special reasons to do so and with the assent of the public prosecutor.

Section 51 Temporary exclusion of participants 1 The presiding judge should exclude the accused for the duration of discussions in the deliberations which could be disadvantageous to his education and development.

Section 52 Credit for remand detention when calculating youth detention Where youth detention is ordered and where its purpose has been achieved in full or in part by serving remand detention or some other form of deprivation of liberty resulting from the act, the judge may stipulate in the judgment that, or the extent to which, the youth detention shall not be enforced.

Section 52a Credit for remand detention when calculating youth penalty 1 Where the accused has had remand detention or another form of deprivation of liberty imposed on him as a result of an offence which is or has been the subject of the proceedings, this shall be credited against the youth penalty.

Section 54 Grounds for the judgment 1 If the defendant is found guilty, the grounds for the judgment shall also set out which circumstances were decisive to fixing his punishment, for the measures ordered, for leaving the selection and ordering of them to the judge responsible for family or guardianship matters, or for refraining from imposing disciplinary measures and punishment.

Third Subchapter Legal remedies Section 55 Contesting decisions 1 A decision which orders only supervisory measures or disciplinary measures, or which leaves the selection and ordering of supervisory measures to the judge responsible for family or guardianship matters, cannot be contested on the basis of the extent of the measures, nor can it be contested because other or farther-reaching supervisory measures or disciplinary measures ought to have been ordered or because the selection and ordering of supervisory measures has been left to the judge responsible for family or guardianship matters.

Section 56 Partial enforcement of an aggregate penalty 1 If a defendant has been sentenced to an aggregate penalty as a result of several criminal offences, the appeal court may, prior to the main hearing, declare the judgment concerning part of the penalty to be enforceable if the findings on the guilt in relation to one or several criminal offences have not been contested.

Fourth Subchapter Procedure for probationary suspension of youth penalty Section 57 Decision on suspension 1 Probationary suspension of youth penalty shall be ordered in the judgment or subsequently by order of the court if execution of the penalty has not yet commenced.

Section 58 Further decisions 1 Decisions which become necessary due to the suspension sections 22, 23, 24, 26 and 26a shall be taken by order of the judge.

Section 59 Contesting decisions 1 An immediate complaint shall be admissible against a decision ordering or rejecting suspension of youth penalty if such order is to be contested alone.

Section 60 Probation plan 1 The presiding judge shall set out the conditions and instructions imposed in a probation plan.

Section 61 Deleted Fifth Subchapter Procedure for suspension of imposition of youth penalty Section 62 Decisions 1 Decisions pursuant to sections 27 and 30 shall be handed down in the form of a judgment based on main proceedings.

Section 63 Contesting decisions 1 An order that the guilty verdict be considered spent section 62, subsection 2 or that the decision to impose youth penalty shall remain suspended section 62, subsection 3 may not be contested.

Section 64 Probation plan Section 60 shall apply mutatis mutandis. Sixth Subchapter Supplementary decisions Section 65 Subsequent decisions on instructions and conditions 1 Subsequent decisions relating to instructions section 11, subsections 2 and 3 or conditions section 15, subsection 3 shall be taken by order of the judge at first instance after hearing the public prosecutor and the youth.

Section 66 Supplementation of decisions in force for multiple convictions 1 Where measures or youth penalty have not been fixed as an aggregate section 31 , and where the supervisory measures, disciplinary measures and penalties recognised in the legally effective decisions have not yet been implemented, served or otherwise disposed of in full, the judge shall hand down a like decision thereafter.

Seventh Subchapter Common provisions on procedure Section 67 Position of the parent or guardian and of the legal representative 1 Insofar as the accused has a right to be heard, to ask questions and make applications or to be present during acts of investigation, the same rights shall also accrue to the parent or guardian and to the legal representative.

Section 68 Compulsory defence counsel The presiding judge shall appoint defence counsel for the accused if defence counsel would have to be appointed for an adult, the parent or guardian and the legal representative have had their rights withdrawn in accordance with this Law, the parent or guardian and the legal representative have been excluded from the hearing in accordance with section 51, subsection 2, and the impairment in the defence of their rights can no longer be sufficiently compensated for by subsequent information section 51, subsection 4, second sentence , consideration may be given to placing the accused in an institution for the purpose of preparing an expert report on his personal development section 73 , or remand detention or provisional committal is to be enforced against him pursuant to section a of the Code of Criminal Procedure if he has not yet reached eighteen years of age; defence counsel shall be appointed without delay.

Section 69 Adviser 1 The presiding judge can appoint an adviser for the accused at any stage in the proceedings if the circumstances do not warrant the appointment of compulsory defence counsel.

Section 70 Notifications The youth court assistance service, in appropriate cases also the judge responsible for family and guardianship matters, the family judge and the school shall be informed of the initiation and outcome of the proceedings.

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