Juvenile Justice Act (JGG)

Unofficial table of contents

JGG

Date of completion: 04.08.1953

Full quote:

" Juvenile Justice Act in the version of the Notice of 11 December 1974 (BGBl. 3427), most recently by Article 7 of the Law of 17 July 2015 (BGBl I). I p. 1332).

Status:	New by Bek. v. 11.12.1974 I 3427;
	Last amended by Art. 7 G v. 17.7.2015 I 1332

For more details, please refer to the menu under Notes

Footnote

(+ + + Text proof applicable: 1.1.1979 + + +)   
(+ + + measures due to EinigVtr cf.  JGG Annex EV; 
 No more to be used in accordance with the provisions.  Art. 109 (1) (a)   
 until f G v. 8.12.2010 I 1864 mWv 15.12.2010 u.  Art. 1 (2) (2) (c) G   
 v. 21.1.2013 I 91 mWv 29.1.2013 + + +) 

  

Unofficial table of contents

Content Summary

Part one
	Scope
		Personal and factual scope	§ 1
		Objective of the juvenile justice system; Application of the general criminal law	§ 2
Part two
	Young people
First main item
	Misconduct of young people and their consequences
First section
	General provisions
		Responsibility	§ 3
		Legal classification of the actions of young people	§ 4
		The consequences of the juvenile justice	§ 5
		Side effects	§ 6
		Measures of improvement and protection	§ 7
		Connection of measures and youth penalty	§ 8
Second section
	Education measures
		Types	§ 9
		Statements	§ 10
		Duration and subsequent amendment of instructions; consequences of the infringement	§ 11
		Aid for education	§ 12
Third Section
	Breeding
		Types and applications	§ 13
		Warning	§ 14
		Requirements	§ 15
		Jugendarrest	§ 16
		Jugendarrest next to youth penalty	§ 16a
Fourth Section
	The juvenile penalty
		Form and Conditions	§ 17
		Duration of the youth penalty	§ 18
		(dropped)	§ 19
Fifth Section
	Suspension of the youth penalty on probation
		(dropped)	§ 20
		Penalties	Section 21
		Probation Time	Section 22
		Instructions and conditions	Section 23
		Probation Help	§ 24
		Ordering and duties of the probation officer	Section 25
		Revocation of the sentence	Section 26
		Remission of the juvenile penalty	Section 26a
Sixth Section
	Suspension of the imposition of the juvenile penalty
		Requirements	§ 27
		Probation Time	§ 28
		Probation Help	§ 29
		Imposition of the juvenile penalty; repayment of the guilty verdict	§ 30
Seventh Section
	Several offences
		Multiple offences of a young person	Section 31
		Several offences in different age and maturity levels	Section 32
Second main piece
	Juvenile justice and juvenile justice
First section
	Juvenile justice
		Juvenile Courts	§ 33
		Occupation of the Youth Schöffengericht	§ 33a
		Occupation of the youth chamber	§ 33b
		Tasks of the Jugendrier	Section 34
		Youth spoons	§ 35
		Youth Attorney	§ 36
		Selection of Jugendrichter and Youth Prosecutors	Section 37
		Youth Court Aid	§ 38
Second section
	Responsibility
		Objective competence of the Jugendrier	§ 39
		Objective jurisdiction of the Juvenile Court	§ 40
		Objective competence of the Youth Chamber	Section 41
		Local competence	§ 42
Third Section
	Juvenile justice
First subsection
	The preliminary procedure
		Scope of the investigation	Section 43
		Questioning of the accused	Section 44
		Watch from the persecution	§ 45
		The main outcome of the investigation	Section 46
Second subsection
	The main procedure
		Adjustment of the procedure by the judge	§ 47
		Priority of juvenile courts	Section 47a
		Non-public	§ 48
		(dropped)	§ 49
		Presence in the main negotiation	§ 50
		Temporary exclusion of interested parties	Section 51
		Consideration of pre-trial detention in juvenile detention	Section 52
		Offsetting of pre-trial detention for juvenile justice	§ 52a
		Referral to the family court	Section 53
		Reasons for judgment	§ 54
Third Subsection
	Appeal procedure
		Dispute resolution	§ 55
		Partial execution of a single penalty	§ 56
Fourth subsection
	Procedure for the suspension of the youth penalty on probation
		Decision on suspension	Section 57
		Other decisions	Section 58
		Dispute	§ 59
		Probation Plan	§ 60
		Reservation of the ex-post decision on suspension	Section 61
		Time limit and competence for the reserved decision	Section 61a
		Other decisions subject to decision on suspension	Section 61b
Fifth Subsection
	Procedure for suspension of the imposition of the juvenile penalty
		Decisions	Section 62
		Dispute	§ 63
		Probation Plan	Section 64
Sixth subsection
	Complementary Decisions
		Subsequent decisions on instructions and conditions	Section 65
		Addition of legally binding decisions in case of multiple sentencing	Section 66
Seventh subsection
	Common procedural rules
		Status of legal guardian and legal representative	Section 67
		Necessary defence	Section 68
		Beistand	Section 69
		Communications	Section 70
		Belehrungen	Section 70a
		Provisional arrangements on education	Section 71
		Custody	Section 72
		Use of juvenile justice assistance in cases of civil liability	Section 72a
		Transport with representatives of the youth tribunal, the care worker and the educational assistance	Section 72b
		Accommodation for observation	Section 73
		Costs and expenses	Section 74
Eighth Subsection
	Simplified youth procedure
		(dropped)	§ 75
		Conditions of the simplified youth procedure	Section 76
		Rejection of the application	Section 77
		Procedure and decision	Section 78
Ninth Subsection
	Exclusion of provisions of general procedural law
		Criminal command and expedited procedure	§ 79
		Private sector and fog	§ 80
		Compensation for the injured	§ 81
Tenth subsection
	Arrangement of the safekeeping
		Procedure and decision	§ 81a
Third main piece
	Enforcement and enforcement
First section
	Enforcement
First subsection
	Constitution of enforcement and jurisdiction
		Head of execution	Section 82
		Decisions in the enforcement procedure	Section 83
		Local competence	Section 84
		Levy and transfer of enforcement	§ 85
Second subsection
	Jugendarrest
		Conversion of leisure time	§ 86
		Enforcement of the Jugendarrestes	Section 87
Third Subsection
	Juvenile penalty
		Suspension of the Restes of the juvenile penalty	Section 88
		Juvenile penalty, subject to decision on suspension	§ 89
		Suspension of the Restes of a juvenile penalty
		Interruption and enforcement of the juvenile penalty in addition to imprisonment	Section 89a
		Exception to the implementation of the juvenile justice system	§ 89b
Fourth subsection
	Custody
		Enforcement of pre-trial detention	Section 89c
Second section
	Execution
		Jugendarrest	§ 90
		(dropped)	Section 91
		Legal remedies in full	§ 92
		(dropped)	Section 93
		Accommodation in a descaling facility	Section 93a
Fourth main piece
	Removal of the Criminal Code
		(dropped)	§ § 94 to 96
		Elimination of the Criminal Code by the right to judge	Section 97
		Procedure	Section 98
		Decision	§ 99
		Removal of the penalty on the grounds of a penalty or a criminal offence	§ 100
		Revocation	§ 101
Fifth main piece
	Young people in the courts responsible for general criminal matters
		Responsibility	Section 102
		Connection of several criminal cases	Section 103
		Procedures against young people	Section 104
Part Three
	Growing up
First section
	Application of the substantive criminal law
		Application of juvenile justice to adolescents	Section 105
		Alleviation of general criminal law for adolescents; safekeeping	Section 106
Second section
	Court constitution and procedures
		Court constitution	Section 107
		Responsibility	Section 108
		Procedure	§ 109
Third Section
	Enforcement, enforcement and removal of the Criminal Code
		Enforcement and enforcement	§ 110
		Removal of the Criminal Code	Section 111
Fourth Section
	Growing up in the courts responsible for general criminal matters
		Appropriate application	Section 112
Fourth part
	Special provisions for soldiers of the Bundeswehr
		Application of juvenile justice	§ 112a
		(dropped)	§ 112b
		Enforcement	§ 112c
		Hearing of the Disciplinary Board	§ 112d
		Proceedings before the courts responsible for general criminal matters	§ 112e
Fifth Part
	Closure and transitional provisions
		Probation Helper	Section 113
		Execution of imprisonment in the institution for the execution of the juvenile penalty	Section 114
		(dropped)	§ 115
		Time scope	Section 116
		(dropped)	Section 117
		(dropped)	Section 118
		(dropped)	§ 119
		(dropped)	§ 120
		Transitional provision	Section 121
		(dropped)	§ 122
		(dropped)	§ 123
		(dropped)	Section 124
		entry into force	§ 125

Part one
Scope

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§ 1 Personal and factual scope

(1) This law applies when a juvenile or an adolescent is guilty of misconduct, which is punishable under the general rules of punishment. (2) Juvenile is who at the time of action is fourteen, but not yet eighteen, adolescents, who at the time of action is eighteen, but not twenty-one years old. Unofficial table of contents

§ 2 Objective of juvenile justice; application of the general criminal law

(1) The application of juvenile justice is intended to counteract, in particular, the renewed criminal offences of a young person or a young person. In order to achieve this goal, the legal consequences of the proceedings and, while respecting the parental legal guardianal law, are also primarily to be aligned with the concept of education. (2) The general rules apply only to the extent that nothing else in this law is concerned. is determined.

Part two
Young people

First main item
Misconduct of young people and their consequences

First section
General provisions

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§ 3 Responsibility

A young person is criminally responsible if, at present, he is mature enough after his moral and moral development to see the wrongdoing of the act and to act according to that insight. In order to educate a young person who is not criminally responsible for lack of maturity, the judge can order the same measures as the family court. Unofficial table of contents

§ 4 Legal classification of the actions of young people

Whether the unlawful act of a young person is to be regarded as a crime or a crime and when it is barred is governed by the provisions of the general criminal law. Unofficial table of contents

§ 5 The consequences of the juvenile justice

(1) The offence of a young person may be subject to educational measures. (2) The offence of a young person shall be punishable by means of breeding or juvenile punishment if the rules of parenting are not sufficient. (3) A juvenile sentence shall be suspended if the accommodation in a psychiatric hospital or an institution of destitution makes the punishment by the judge deprivation. Unofficial table of contents

§ 6 Consequences

(1) Inability to hold public office, to obtain rights from public elections or to vote or vote in public affairs may not be recognised. The announcement of the conviction must not be ordered. (2) The loss of the ability to hold public office and to obtain rights from public elections (§ 45 para. 1 of the Criminal Code) does not occur. Unofficial table of contents

§ 7 measures of improvement and security

(1) As a measure of improvement and security within the meaning of general criminal law, accommodation in a psychiatric hospital or an institution of deprivation, management supervision or the withdrawal of driving licences may be arranged (2) The court may, in the judgment, reserve the order of safekeeping in order to ensure that the law of the court is not

1.

the juvenile is sentenced to at least seven years ' imprisonment for or also on the grounds of a crime

a)

against life, physical integrity or sexual self-determination, or

b)

in accordance with § 251 of the Criminal Code, also in connection with § 252 or § 255 of the Criminal Code,

by which the victim has been physically or physically seriously damaged or exposed to such a danger; and

2.

the overall dismissal of the young person and his act or his deeds shows that he is likely to commit again to offences of the type referred to in paragraph 1.

The court orders the safekeeping of the convicted person if, in addition to his development, the convicted person, his deed or his deeds, and in addition to his/her development until the date of the decision, show that he was responsible for the offences referred to in the first sentence of 1 (1). Article 66a (3) sentence 1 of the Penal Code shall apply accordingly. § 67c (1) of the Penal Code applies to the examination as to whether the accommodation in the security custody is to be suspended at the end of the execution of the juvenile penalty and for the admission of the management supervision. (3) If the convicted person has not yet completed the twenty-seventh year of life, the court orders that the juvenile sentence be carried out in a social therapy institution, that it is to be carried out in a social therapy institution. because it doesn't help to promote the resocialization of the condemned can be. This arrangement can also be effected subsequently. As long as the execution in a social therapy facility has not yet been arranged or the prisoner has not yet been transferred to a social therapy institution, it is to be decided in each case after six months. If the person concerned has completed the twenty-fourth year of life, the Trial Chamber shall be responsible for the subsequent arrangement in accordance with the second sentence, otherwise the Youth Chamber responsible for the decision on enforcement measures in accordance with Section 92 (2). In addition, the sentence of § 66c (2) and 67a (2) to (4) of the Penal Code shall apply to the execution of the juvenile penalty. (4) Is the placement in a psychiatric hospital pursuant to § § § § 66c (2) and (4) of the Penal Code (4). 67d (6) of the Penal Code has been declared void because the state of the debt, which is the exclusive or diminishing condition on which the accommodation was based, did not exist at the time of the decision of the discharge, the Court of First Instance may Order the accommodation in the security custody retroactively if:

1.

the accommodation of the person concerned has been ordered in accordance with § 63 of the Criminal Code for several such acts or if the person concerned is due to act on one or more such acts which he/she is responsible for in accordance with Section 63 of the Penal Code has committed, has already been sentenced to a juvenile sentence of at least three years or had been housed in a psychiatric hospital, and

2.

the total dismissal of the person concerned, his deeds and, in addition to his development, until the date of the decision, it is likely that he will again commit crimes of the kind referred to in paragraph 2.

(5) The regular time limit for checking whether the further execution of the accommodation in the security custody is to be suspended or declared to be suspended (Section 67e of the Criminal Code) shall be six times in the cases of paragraphs 2 and 4 Months if the person who has been submitted has not completed the twenty-fourth year of age at the beginning of the period of the deadline. Unofficial table of contents

Section 8 Connection of measures and youth penalty

(1) Educational measures and breeding agents, as well as several educational measures, or several breeding means, may be arranged side by side. With the order of assistance for education in accordance with § 12 No. 2, the rest of the youth must not be connected. (2) In addition to the youth penalty, only instructions and conditions can be given and the parenting county may be ordered. In addition to the imposition of a juvenile sentence or the suspension of its imposition, the rest of the youth may also be arranged under the conditions laid down in § 16a. If the young person is under the supervision of probation, there shall be at the same time existing parenting county until the expiry of the probation period. (3) In addition to educational measures, breeding funds and juvenile punishment, it may be permissible to the extent permissible under this law. Penalties and minor consequences will be recognized.

Second section
Education measures

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§ 9 Species

Education measures are

1.

the issuing of instructions,

2.

the order to use the assistance for education within the meaning of § 12.

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Section 10 Weisungen

(1) Instructions are commandments and prohibitions which govern the life of the young person and thereby promote and secure his education. There must be no unreasonable demands placed on the life of the young person. The judge may, in particular, impose on the young person,

1.

to follow instructions relating to the place of residence,

2.

to live in a family or in a home,

3.

to adopt a training or work place,

4.

to provide work,

5.

to supervise the supervision and supervision of a particular person (care worker),

6.

to take part in a social training course,

7.

to make an effort to compensate for the injured (offender victim compensation),

8.

To refrain from traffic with certain persons or to visit guest or amusement sites, or

9.

to take part in a transport lesson.

(2) The judge may also, with the consent of the legal guardian and the legal representative, impose on the young person to undergo a care by an expert or an educational cure. If the young person has completed the sixteenth year of life, this is to be done only with his consent. Unofficial table of contents

§ 11 Duration and subsequent amendment of instructions;
Consequences of the infringement

(1) The judge shall determine the duration of the instructions. The term shall not exceed two years; it shall not exceed six months in the case of a instruction pursuant to § 10 (1) sentence 3 no. 5 no more than one year, in the case of a instruction pursuant to § 10 (1) sentence 3 no. 6. (2) The judge may instructions (3) If the young person does not culpably follow instructions, then Jugendarrest may be imposed if an instruction is given to him or her, if the child is not responsible for the on the consequences of culpable infringement. In the event of a conviction, Jugendarrest shall not exceed four weeks in total. The judge shall see the execution of the youth of the youth if the young person is to comply with the instruction after the arrest of the person. Unofficial table of contents

§ 12 Help for education

The Judge may also, after hearing the Jugendamt, impose on the young person, under the conditions set out in the Eighth Book Social Code, help for education

1.

in the form of educational assistance within the meaning of Section 30 of the Book of Eighth Book of Social Law, or

2.

In a facility on day and night or in any other form of care in the sense of § 34 of the Eighth Book Social Code

to be used.

Third Section
Breeding

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§ 13 Species and Application

(1) The judge shall punish the offence with breeding funds if juvenile punishment is not offered, but must be made urgent to the young person to be aware that he has to stand for the injustice he has committed. (2) Breeding means are

1.

the warning,

2.

the issuing of conditions,

3.

the rest of the youth.

(3) Breeding funds do not have the legal effects of a penalty. Unofficial table of contents

Section 14 Warning

The warning is intended to give young people the right to make the wrong of action. Unofficial table of contents

§ 15 Requirements

(1) The judge may impose on the young person,

1.

to make the most of the damage caused by the act,

2.

to apologise personally to the injured person,

3.

to provide work, or

4.

to pay a sum of money in favour of a non-profit institution.

No unreasonable requirements may be imposed on the young person. (2) The judge shall only order the payment of a sum of money if:

1.

the young person is guilty of minor misconduct and is likely to be able to pay the sum of money from which he or she may be self-employed; or

2.

if the young person is to be deprived of the profit he has received from the act or the remuneration he has received for them.

(3) The judge may subsequently amend conditions or, in the case of reasons of education, exempt them from their fulfilment in whole or in part if this is necessary. In case of culpable non-fulfilment of obligations § 11 para. 3 shall apply accordingly. If Jugendarrest has been enforced, the judge may declare the conditions wholly or partly for the execution of the case. Unofficial table of contents

Section 16 Jugendarrest

(1) The rest of the youth is leisure, short-term arrest or permanent arrest. (2) The rest of the leisure time is imposed on the weekly leisure time of the young person and is calculated on one or two free-time periods. (3) The short-term arrest will take place instead of the leisure-time , if the related enforcement is appropriate for reasons of education and if neither the training nor the work of the young person are affected. Two days of short-term arrest are the same. (4) The permanent arrest shall be at least one week and not more than four weeks. It shall be measured after full days or weeks. Unofficial table of contents

Section 16a Jugendarrest in addition to youth penalty

(1) If the imposition or the execution of the juvenile penalty is suspended for probation, by way of derogation from Section 13 (1), Jugendarrest may also be imposed if:

1.

, taking into account the importance of the suspension of the parole and taking into account the possibility of instructions and conditions, in order to give the young person his responsibility for the injustice committed and for the to clarify the consequences of further offences,

2.

this is necessary in order to first remove the young person from a living environment with harmful influences for a limited period of time and to prepare them for the probation period by means of the treatment in the execution of the youth remnant; or

3.

This is necessary in order to achieve a more pressing educational influence on the young person in the course of the Jugendarrest's retreat, or in order to create a better chance of success for an educational influence in the probation period.

(2) The rest of the youth referred to in paragraph 1 (1) shall not normally be offered if the young person has previously served as permanent arrest for Jugendarrest or has not only been in custody in the short term in the course of full investigation.

Fourth Section
The juvenile penalty

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§ 17 Form and requirements

(1) The juvenile penalty is deprivation of liberty in a body provided for its enforcement. (2) The judge imposes juvenile punishment if, on account of the harmful inclinations of the young person who have in fact emerged, the sentence of the juvenile or the child shall be suspended. Breeding funds for education are not sufficient or if punishment is necessary because of the seriousness of the debt. Unofficial table of contents

§ 18 Duration of the juvenile penalty

(1) The minimum amount of the youth penalty shall be six months, the maximum of five years. If the crime is a crime for which, under the general criminal law, a maximum sentence of more than ten years ' imprisonment is threatened, the maximum sentence is ten years. The criminal proceedings of general criminal law shall not apply. (2) The juvenile penalty shall be so calculated that the necessary educational influence is possible. Unofficial table of contents

§ 19

-

Fifth Section
Suspension of the youth penalty on probation

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§ 20

(dropped) Unofficial table of contents

Section 21 Criminal suspension

(1) In the case of conviction for a juvenile sentence of not more than one year, the court shall suspend the execution of the sentence on probation, if it is to be expected that the young person may already have the conviction for a warning, and also without the influence of the penal system under the educational influence will lead to a legal change in life in the future. In particular, the personality of the young person, his prelife, the circumstances of his deed, his behaviour, his conduct, his life conditions and the effects to be expected from the suspension are to be taken into account. The court suspends the execution of the sentence even if the expectation mentioned in the first sentence is only justified by the fact that, in addition to the juvenile sentence, a child's sentence is imposed in accordance with § 16a. (2) The court of law shall be subject to the following conditions: The conditions laid down in paragraph 1 shall also apply to the execution of a higher youth penalty, which does not exceed two years, for probation, unless enforcement is required in respect of the development of the young person. (3) The sentence may be suspended are not limited to part of the youth penalty. It shall not be ruled out by an offsetting of pre-trial detention or any other deprivation of liberty. Unofficial table of contents

§ 22 probation period

(1) The judge shall determine the duration of the probation period. It shall not exceed three years and shall not be less than two years. (2) The probation period shall begin with the legal force of the decision on the suspension of the juvenile penalty. It may subsequently be shortened to one year or extended to four years before the end of the year. However, in the cases referred to in Article 21 (2), the probation period may only be shortened to two years. Unofficial table of contents

Section 23 Instructions and requirements

(1) The judge shall, for the duration of the probation period, have an educational influence on the life of the young person by means of instructions. He can also impose conditions on the young person. It can also subsequently hit, change or cancel these arrangements. § § 10, 11 (3) and § 15 (1), 2, 3 sentence 2 shall apply. (2) The power of the young person shall make promises for his or her future conduct of life or he shall provide himself with appropriate services which serve as a means of satisfaction for the injustice committed, the Judges shall, as a general rule, provisionally from appropriate instructions or conditions, if the fulfilment of the pledges or the offering is to be expected. Unofficial table of contents

Section 24 probation aid

(1) The judge shall submit to the young person in the probation period for a maximum of two years the supervision and management of a full-time probation officer. He may also submit it to a volunteer probation officer if it seems appropriate for reasons of education. § 22 (2) sentence 1 shall apply. (2) The Judge may amend or repeal a decision taken pursuant to paragraph 1 before the end of the term of the order; he may also reorder the subposition of the youth in the probation period. The maximum amount specified in the first sentence of paragraph 1 may be exceeded. (3) The probation officer shall assist the young person in assisting and supervising the situation. He shall, in agreement with the Judge, supervise the fulfilment of the instructions, conditions, pledges and offers. The probation officer shall promote the education of the young person and, if possible, cooperate with the legal guardian and with the legal representative in a trusting manner. In the performance of his duties, he shall have the right of access to the young person. He/she may ask the legal representative, the legal representative, the school, the training information about the life of the young person. Unofficial table of contents

§ 25 Order and obligations of the probation officer

The Probation Officer is appointed by the judge. The judge may give him instructions for his duties pursuant to section 24 (3). The probation officer reports on the life of the young person at intervals of time, which the judge determines. He shall inform the Judge of any violations of instructions, conditions, commitments or offers which are persistent or persistent in the event of a breach of the law. Unofficial table of contents

Section 26 Revocation of the penalty suspension

(1) The Court shall revoke the suspension of the youth penalty if the young person

1.

commits an offence in the period of probation and thereby shows that the expectation on which the sentence was based has not been fulfilled,

2.

is grossly or persistently contrary to instructions or is persistently escaping the supervision and management of the probation officer, thereby giving rise to the concern that he will commit criminal offences, or

3.

is grossly or persistently violating conditions.

The first sentence of paragraph 1 shall apply if the act has been committed in the period between the decision on the suspension of the sentence and the legal force of the sentence. If the juvenile penalty has been subsequently suspended by decision, Section 57 (5) sentence 2 of the Penal Code shall also apply accordingly. (2) The court shall, however, see the revocation if it is sufficient,

1.

to issue further instructions or conditions,

2.

to extend the period of probation or for a maximum period of four years, or

3.

to return the young person to a probation officer before the end of the probation period.

(3) Services provided by the young person in order to comply with instructions, conditions, commitments or offers (§ 23) shall not be reimbursed. The court may, however, apply to the juvenile penalty if it opposes the sentence of the sentence, benefits which the young person has provided for the fulfilment of conditions or equivalent offers. The rest of the youth, which has been imposed in accordance with § 16a, shall be credited to the youth penalty in the extent to which he has been served. Unofficial table of contents

Section 26a Decree of the juvenile penalty

If the judge does not revoke the sentence, he shall leave the youth penalty after the expiry of the probation period. Section 26 (3) sentence 1 shall apply.

Sixth Section
Suspension of the imposition of the juvenile penalty

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Section 27 Conditions

If, after exhaustion of the investigative possibilities, it is not possible to assess with certainty whether the offence of a juvenile has resulted in harmful inclinations from the extent that a juvenile penalty is required, the judge may: To determine the young person's guilt, but to suspend the decision on the imposition of the juvenile penalty for a probation period to be determined by him. Unofficial table of contents

§ 28 probation period

(1) The probation period shall not exceed two years and shall not be less than one year. (2) The probation period shall begin with the legal force of the judgment, in which the guilt of the young person is established. It may subsequently be shortened to one year or extended to two years before the end of the year. Unofficial table of contents

Section 29 Probation aid

The young person shall be subject to the supervision and management of a probation officer for the duration or part of the probation period. § § 23, 24 (1) sentence 1 and 2, para. 2 and 3, and § § 25, 28 (2) sentence 1 are to be applied accordingly. Unofficial table of contents

§ 30 Imposition of the juvenile penalty;
Eradication of the guilty verdict

(1) It is found, in particular, by poor guidance of the young person during the period of probation that the offence, which has been disregarded in the guilty verdict, is due to harmful inclinations from a scale which requires a juvenile penalty, such , the Court of First Instance recognises the sentence which, at the time of the verdict of the guilty verdict, would have given rise to a safe assessment of the harmful inclinations of the young person. Article 26 (3) sentence 3 shall apply. (2) The conditions set out in the first sentence of paragraph 1 shall not be met after the expiry of the period of probation, the guilty verdict shall be redeemed.

Seventh Section
Several offences

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§ 31 Multiple offences of a young person

(1) Even if a juvenile has committed several offences, the court only sets uniform educational rules, breeding funds or a juvenile sentence. As far as this law permits (§ 8), unequal parenting rules and breeding means can be arranged side by side or measures can be combined with the punishment. The legal limits of the youth and the juvenile penalty must not be exceeded. (2) If the juvenile has already been legally responsible for a part of the offences, or an educational rule, it is not possible to exceed the legal limits of the youth. If a breeding medium or a juvenile sentence has been fixed but has not yet been fully executed, served or otherwise completed, the judgment shall in the same way be recognised in the same way only on the basis of measures or juvenile penalties. The offsetting of pre-served youth is at the discretion of the court when it recognises juvenile punishment. Article 26 (3), third sentence, and § 30 (1), second sentence, remain unaffected. (3) If it is appropriate for educational reasons, the court may not be able to include any of the offences which have already been ruled out in the new decision. In doing so, it can explain educational measures and breeding funds when it is recognized by juvenile punishment. Unofficial table of contents

Section 32 Several offences in different age and travel professions

In the case of a number of offences which are dealt with at the same time and which would have to be applied to the part of juvenile justice and in some cases general criminal law, the juvenile justice system shall apply in a uniform manner if the emphasis is on the offences which have been committed after the criminal offence has been committed. Juvenile justice should be assessed. If this is not the case, the general criminal law shall be applied in a uniform manner.

Second main piece
Juvenile justice and juvenile justice

First section
Juvenile justice

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§ 33 Juvenile courts

(1) The juvenile courts decide on the misconduct of young people. (2) Juvenile courts are the criminal judge as a judge, the jury (the Juvenile Court) and the Trial Chamber (Youth Chamber). (3) The national governments are authorized to , by means of a decree law, that a judge in a district court order a judge for the district of several local courts (district judge) and that in a district court a joint juvenile tribunal court for the district of several Local Courts are established. The state governments can transfer the authorization to the Land Justice Administrations by means of a legal regulation. Unofficial table of contents

Section 33a Occupation of the Youth Schöffengericht

(1) The Juvenile Court shall consist of the Jugendrichter as chairman and two youth spoons. A man and a woman are to be used as youth spoons for each main hearing. (2) In the case of decisions outside the main negotiation, the youth spoons do not work with. Unofficial table of contents

§ 33b Occupation of the Youth Chamber

(1) The youth chamber is with three judges, including the chairman and two youth spoons (large youth chamber), in proceedings concerning appeals against judgements of the Jugendrier with the chairman and two youth spoons (small youth chamber) (2) At the opening of the main proceedings, the large youth chamber decides on its occupation in the main trial. If the main proceedings have already been opened, it shall decide on this when the appointment to the main hearing is scheduled. It shall decide to occupy three judges, including the chairman and two youth spoons, if:

1.

the matter is one of the general rules, including the regulation of § 74e of the Law on Judith of the Court of Justice on the jurisdiction of the Court of Arbitration,

2.

their jurisdiction is justified in accordance with Section 41 (1) (5), or

3.

to the extent or difficulty of the matter, the participation of a third judge seems to be necessary.

In addition, the large youth chamber decides to occupy two judges, including the chairman and two youth spoons. (3) The participation of a third judge is usually necessary in accordance with the third sentence of the third sentence of paragraph 3, if:

1.

the Youth Chamber has taken over the case in accordance with Section 41 (1) (2),

2.

the main negotiation is expected to last longer than 10 days, or

3.

the subject matter of one of the offences referred to in Article 74c (1), first sentence, of the Courts Constitution Act.

(4) In proceedings concerning the appeal against a judgment of the Juvenile Court, paragraph 2 shall apply accordingly. The large youth chamber decides its occupation with three judges, including the chairman and two youth spoons, even if the judgment under appeal has been recognized for a juvenile sentence of more than four years. (5) Has the great Youth chamber shall be appointed with two judges, including the chairman and two youth spoons, and shall, before the start of the main negotiation, create new circumstances which, in accordance with the provisions of paragraphs 2 to 4, shall be accompanied by a three-judge cast including the Chairperson and two Youth Spoons, it shall adopt a (6) If a case has been remitted by the Revisionsgericht or the main trial has been suspended, the respective competent youth chamber may again decide on its occupation in accordance with paragraphs 2 to 4. (7) § 33a (1) sentence 2, paragraph 2 shall apply accordingly. Unofficial table of contents

Section 34 Tasks of the Jugendrier

(1) The Jugendrichter shall be responsible for all the tasks a judge has in the court in criminal proceedings. (2) The juvenile judge shall be entrusted with the task of family-judicial education for the young person. For special reasons, in particular where the Jugendrier is appointed for the district of several local courts, this may be dismissed. (3) Family-judicial educational duties are

1.

the support of the parents, the guardian and the pastor through appropriate measures (§ 1631 para. 3, § § 1800, 1915 of the Civil Code),

2.

the measures to avert a danger to the young person (§ § 1666, 1666a, 1837 para. 4, § 1915 of the Civil Code).

3.

(dropped)

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§ 35 Youth Schöffen

(1) The spoons of the juvenile courts (youth spoons) shall be elected on a proposal from the Youth Assistance Committee for a period of five financial years from the committee provided for in Section 40 of the Court of Justice Act. The Youth Assistance Committee is to propose an equal number of men and women. (2) The Youth Assistance Committee shall propose as many men as women and must at least propose twice the number of persons required as youth spoons and auxiliary spoons. The proposal is intended to be educationally competent and to be experienced in youth education. (3) The list of proposals of the Youth Aid Committee is considered to be a list of proposals within the meaning of Section 36 of the Law of the Court of Justice. For inclusion in the list, the approval of two thirds of the voting members present, but at least half of all voting members of the Youth Assistance Committee, shall be required. The list of proposals is to be set up for one week in the Jugendamt for everyone's insight. The date of the presentation shall be made public in advance. (4) In the decision on objections to the list of proposals of the Youth Assistance Committee and in the election of the youth spoons and auxiliary spoons, the Jugendrier shall preside over the (5) The youth spoons are included in special lists for men and women separately. (6) The choice of the youth spoons is made at the same time as the choice of the spoons for the spoon courts and the Trial Chambers. Unofficial table of contents

Section 36 Youth Prosecutor

(1) Youth Prosecutors shall be appointed for proceedings which are part of the jurisdiction of the Juvenile Courts. Judges on the sample and civil servants on a sample should not be appointed to the Youth Prosecutor's Office in the first year after their appointment. (2) Juvenile attorney-general's duties may only be transferred to official prosecutors if they meet the special requirements , which are to be assigned to prosecutors for the performance of juvenile prosecutors ' duties. In individual cases, the person responsible for the performance of a youth attorney can be entrusted with the supervision of a juvenile prosecutor. The representation in proceedings before the juvenile courts may only be carried out under the supervision and in the presence of a youth prosecutor. Unofficial table of contents

Section 37 Selection of Jugendrichter and Youth Prosecutors

The judges at the juvenile courts and the youth prosecutors are supposed to be educationally qualified and experienced in the youth education. Unofficial table of contents

§ 38 Youth Court

(1) The Youth Tribunal shall be exercised by the Youth Offices in cooperation with the associations for youth assistance. (2) The representatives of the Youth Tribunal shall bring the educational, social and careerful aspects of the proceedings before the Juvenile courts. To this end, they shall support the authorities concerned through research into the personality, development and environment of the accused, and shall express their views on the measures to be taken. In cases of detention, they report on the results of their research. The main hearing is to be sent to the representative of the Youth Tribunal, who has carried out the research. Unless a probation officer is called upon to do so, they shall ensure that the young person shall comply with instructions and conditions. They shall inform the judge of significant infringements. In the case of the subposition pursuant to section 10 (1) sentence 3 no.5, they shall exercise the supervision and supervision if the judge does not entrust another person with it. During the probation period, they work closely with the probation officer. During the course of the operation, they remain in contact with the young person and take part in their reintegration into the community. (3) In the whole procedure against a young person, the Youth Tribunal is to be used. This is to be done as soon as possible. Before issuing instructions (§ 10), the representatives of the Youth Court shall always be heard; if a child-care directive is taken into consideration, they should also comment on who is to be appointed as a care worker.

Second section
Responsibility

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Section 39 Competence of the Jugendrier

(1) The Jugendrichter shall be responsible for misconduct of young people, if only educational measures, breeding funds, penalties and minor penalties, or the withdrawal of the driving licence, are to be expected in accordance with this Act and the Prosecutor's Office in the case of a criminal. The judge is not responsible for matters relating to young people and adults in accordance with § 103 if, according to the general regulations of the judges, the adults were not competent in the local court. § 209 (2) of the Code of Criminal Procedure shall apply. (2) The Jugendrichter shall not recognize the juvenile sentence of more than one year; he shall not be allowed to arrange the accommodation in a psychiatric hospital. Unofficial table of contents

Section 40 Sachliche jurisdiction of the Juvenile Court

(1) The Juvenile Court shall be responsible for any misconduct which does not fall within the jurisdiction of another Juvenile Court. § 209 of the Code of Criminal Procedure shall apply. (2) The Juvenile Court may, pending the opening of the main proceedings, bring about the decision of the Youth Chamber to decide whether to take over a case on account of its specific scope. (3) Before the adoption of the decision, the Chairman of the Youth Chamber shall invite the accused person to declare himself, within a period to be determined, whether he or she shall apply for the acceptance of individual evidence in advance of the main hearing. (4) The decision to take over the matter by the Youth Chamber or to take over Refuses, is not countervailable. The decision to take over the transfer is to be combined with the opening decision. Unofficial table of contents

Section 41 Sachliche jurisdiction of the youth chamber

(1) The Youth Chamber shall be the competent court of the first legal proceedings in matters relating to:

1.

which, in accordance with the general rules, including the regulation of Section 74e of the Law on Judith Law, are the responsibility of the Court of Arbitration,

2.

which, after submission by the Juvenile Court, takes it on account of its special scope (Article 40 (2)),

3.

which are linked to young people and adults in accordance with § 103 if, according to general rules, a large Trial Chamber would be responsible for adults,

4.

where the public prosecutor's office charges the youth chamber on account of the special need for protection of the injured of the offence, which may be considered as witnesses, and

5.

where the accused is accused of an act of the kind referred to in § 7 (2) and a sentence of five years imprisonment or placement in a psychiatric hospital is to be expected.

(2) The Youth Chamber is also responsible for the hearing and decision on the appeal against the judgements of the Jugendrier and the Juvenile Court of Juvenile. It shall also take the decisions referred to in Article 73 (1) of the Law on the Law of the Court. Unofficial table of contents

Section 42 Local competence

(1) In addition to the judge who is responsible under the general procedural law or under special provisions, the competent authority shall be responsible for:

1.

the judge who is responsible for the family-judicial educational duties for the accused,

2.

the judge in whose district the free-of-charge defendant is at the time of the charge of the indictment,

3.

as long as the accused has not yet fully served a juvenile sentence, the judge who is responsible for the duties of the executing officer.

(2) The Public Prosecutor shall, if possible, raise the charge before the judge who is responsible for the family-judicial educational duties, but as long as the accused has not yet fully served a juvenile sentence, before the judge who is the judge (3) In the event that the defendant changes his/her stay, the judge may, with the consent of the prosecutor, submit the proceedings to the judge in whose district the defendant is staying. If the judge to which the proceedings has been handed down has concerns about the takeover, the Community upper court shall decide.

Third Section
Juvenile justice

First subsection
The preliminary procedure

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Section 43 Scope of the investigation

(1) After the initiation of the procedure, the life and family conditions, the development of the work, the previous conduct of the accused and all other circumstances which are necessary to assess his mental, mental and social conditions should be determined as soon as possible. Characteristic character can be used. The legal guardian and the legal representative, the school and the training representative should be heard, as far as possible. The hearing of the school or of the trainee shall not be heard if the young person would have to obtain from it undesirable disadvantages, including the loss of his training or work place. § 38 (3) must be taken into account. (2) Insofar as necessary, an investigation of the accused, in particular for the determination of his development status or other essential properties for the procedure of essential properties, shall be brought about. Where possible, an expert capable of studying young people is to be entrusted with the implementation of the order. Unofficial table of contents

Section 44 questioning of the accused

If a juvenile penalty is to be expected, the public prosecutor or the chairman of the juvenile court shall hear the accused before the charges are brought. Unofficial table of contents

§ 45 Abvision of the Persecution

(1) The Public Prosecutor may, without the consent of the judge, depart from the prosecution if the conditions of § 153 of the Code of Criminal Procedure are fulfilled. (2) The Public Prosecutor shall view the prosecution if an educational measure has already been carried out. or is not required to take part in the Judge referred to in paragraph 3 and not to collect the indictings. An educational measure is the aim of the young person's efforts to reach a balance with the injured person. (3) The Public Prosecutor encourages the issuing of a warning, of instructions pursuant to § 10 (1) sentence 3 nos. 4, 7 and 9 or of conditions by the Jugendrichter, if the accused is permanent and the Public Prosecutor considers the order of such a judicial measure to be necessary, but does not consider the imposition of the charges to be necessary. If the judge of the youth is in accordance with the suggestion, the prosecutor will see the persecution, but only after the young person has complied with them, when issuing instructions or conditions. Section 11 (3) and Section 15 (3) sentence 2 shall not apply. Section 47 (3) shall apply. Unofficial table of contents

Section 46 The main result of the investigation

The public prosecutor is to present the main result of the investigation in the indictance (Section 200 (2) of the Code of Criminal Procedure) in such a way that the accused's education as far as possible does not cause any disadvantages for his upbringing.

Second subsection
The main procedure

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Section 47 Cessation of the proceedings by the judge

(1) If the prosecution is filed, the judge may discontinue the proceedings if:

1.

the conditions laid down in Section 153 of the Code of Criminal Procedure are met;

2.

an educational measure within the meaning of section 45 (2), which makes a decision not subject to judgment, has already been carried out or has been initiated,

3.

the judge deems a decision to be taken by judgment and, against the young person, orders a measure referred to in Article 45 (3) sentence 1, or

4.

the defendant is not responsible for a lack of maturity.

In the cases referred to in points 2 and 3 of the first sentence, the judge may, with the consent of the public prosecutor, provisionally adjust the procedure and set a period of not more than six months for the young person, within which he/she shall comply with the conditions, instructions or educational requirements of the judge. Measures must be taken. The decision shall be taken by decision. The decision shall not be countervailable. If the young person enters into the conditions, instructions or educational measures, the judge shall put the procedure into effect. § 11 (3) and § 15 (3) sentence 2 shall not apply. (2) The appointment shall be subject to the approval of the public prosecutor, insofar as he has not already agreed to the provisional setting. The recruitment decision can also be taken in the main negotiation. It shall be provided with reasons and shall not be countervailable. The reasons are not communicated to the accused, to the extent that such disadvantages are to be feared for the education. (3) Because of the same act, only new facts or evidence can be brought on by a new charge. Unofficial table of contents

§ 47a Priority of juvenile courts

After the opening of the main proceedings, a juvenile court must not declare itself uncompetent, because the case belongs to a court of the same or lower order in charge of general criminal matters. Section 103 (2) sentence 2, 3 shall remain unaffected. Unofficial table of contents

Section 48 Non-public

(1) The hearing before the discerning court, including the proclamation of the decisions, shall not be public. (2) In addition to the parties involved in the proceedings, the person concerned shall be the injured, his/her legal guardian and his legal representative, and, if so, the defendant is subject to the supervision and management of a probation officer or the supervision and supervision of a caregiver, or an education counselor is appointed for him, the helper and the educational assistance shall be allowed to be present. The same shall apply in cases where the young person is granted assistance for education in a home or a comparable institution, for the head of the institution. Other persons may allow the chairman for special reasons, especially for training purposes. (3) If adolescents or adults are also charged in the proceedings, the trial shall be public. The public may be excluded if this is necessary in the interests of educating young people accused of being accused. Unofficial table of contents

§ 49

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§ 50 Presence in the main negotiation

(1) The main hearing can only take place without the accused if this is permitted in the general procedure, there are special reasons for it and the Public Prosecutor agrees. (2) The Chairman shall also be responsible for the charge of the legal guardian. and the legal representative. The regulations on the charge, the consequences of the whereabouts and the compensation of witnesses shall apply accordingly. (3) The representative of the Youth Tribunal shall be notified of the place and time of the main hearing. He receives the word upon request. (4) If an ordered probation officer takes part in the main trial, he shall be heard in the course of the development of the young person in the probation period. The first sentence shall apply to an appointed child care worker and to the head of a social training course in which the young person is participating, accordingly. Unofficial table of contents

Section 51 Temporary Exclusion of interested parties

(1) The Chairman shall exclude the accused person for the duration of such discussions from the trial, which may lead to disadvantages for the education. He has to inform him of what has been negotiated in his absence, insofar as it is necessary for his defence. (2) The Chairman may also have legal guardians and legal representatives of the defendant from the trial excluding:

1.

have serious educational disadvantages, because it is to be feared that, by discussing the personal circumstances of the accused in their present day, there will be a need for future cooperation between the persons mentioned and the Youth Court Aid is considerably hampered in the implementation of expected juvenile justice sanctions,

2.

they are suspected of being involved in the misconduct of the defendant, or in so far as they are convicted of involvement,

3.

to endanger the life, body or freedom of the defendant, of a witness or of another person or of any other significant impairment of the well-being of the accused,

4.

is to be feared that their presence will affect the identification of the truth, or

5.

Circumstances arising from the personal life of a party to the proceedings, witnesses or by an illegal act which have been violated in their presence would infringe legitimate interests, unless the interest of the Legal guardians and legal representatives in the discussion of these circumstances predominate in their presence.

In the cases of sentence 1 (3) to (5), the chairman may also exclude legal guardians and legal representatives of the injured person from the trial, in the case of point 3 even if another significant impairment of the well-being of the person in question shall be excluded from the proceedings. To get injured. Legal guardians and legal representatives shall be excluded if the conditions set out in sentence 1 (5) are met and the exclusion from the person whose life is concerned is requested. Sentence 1 no. 5 shall not apply in so far as the persons whose areas of life are affected are contrary to the exclusion in the main hearing. (3) § 177 of the Law Constitutional Law applies accordingly. (4) In the cases referred to in paragraph 2, the exclusion of persons from the exclusion of the persons concerned shall be subject to the exclusion of the exclusion of the persons concerned to work towards a consensual exit from the sitting room. The Chairman shall inform the legal representatives and legal representatives of the accused as soon as they are present, in an appropriate manner, of the essential content of what is stated during their absence or otherwise. (5) The exclusion of legal guardians and legal representatives pursuant to paragraphs 2 and 3 is also admissible if they are appointed for assistance (§ 69). Unofficial table of contents

Section 52 Inquiry into remand custody of youth groups

If the Jugendarrest is recognized and its purpose is achieved in whole or in part by pre-trial detention or any other deprivation of liberty suffered as a result of the deed, the judge may say in the judgment that or to what extent the rest of the Jugendarrest is not shall be enforced. Unofficial table of contents

Section 52a Inquiry of pre-trial detention in the case of juvenile punishment

(1) If the defendant has suffered pre-trial detention or another deprivation of liberty on the occasion of an act which has been or has been the subject of the proceedings, it shall be credited to the juvenile penalty. However, the judge may order that the offsetting shall not be wholly or partly justified if, in the light of the defendant's conduct, it is not justified on grounds of deed or for educational reasons. Educational reasons are given in particular if the necessary educational influence on the defendant is not guaranteed if the deprivation of liberty is taken into account. (2) (omitted) Unofficial table of contents

Section 53 Transfer to the family court

The Judge may, in the judgment, leave the family court to the choice and order of educational measures if he does not recognise juvenile punishment. The family court must then order an educational rule, unless the circumstances that were relevant to the judgment have changed. Unofficial table of contents

§ 54 Reasons

(1) If the accused is found guilty, the reasons for the judgment shall also be based on the circumstances for his or her punishment, for the measures ordered, for the transfer of their selection and order to the family court or for the removal of such a case. have been determined by breeding means and punishment. In doing so, the psychological, mental and physical characteristics of the accused shall be taken into account. (2) The reasons for the judgment shall not be communicated to the accused, insofar as there are disadvantages for the education.

Third Subsection
Appeal procedure

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Section 55 Dispute Resolution

(1) A decision in which only educational measures or breeding funds are arranged or where the selection and arrangement of educational measures are left to the family court cannot be challenged on the grounds of the scope of the measures and not therefore , because other or further educational measures or breeding funds should have been ordered, or because the selection and arrangement of the educational measures have been left to the family court. This provision does not apply if the judge has ordered to use aid for education in accordance with § 12 No. 2. (2) Anyone who has appealed for an admissible appeal can no longer appeal against the appellate judgment. If the defendant, the legal guardian or the legal representative has lodged an admissible appeal, none of them is entitled to the appeal of the revision. (3) The legal guardian or the legal guardian A representative may withdraw the appeal lodged by him only with the consent of the accused person. (4) Insofar as a party member under the first sentence of paragraph 1 is prevented from challenging a decision or, in accordance with paragraph 2, no legal remedy against the Pursuant to Section 356a of the Code of Criminal Procedure, appeal can be made accordingly. Unofficial table of contents

Section 56 Paring of a single penalty

(1) If a defendant has been sentenced to a single penalty on account of several offences, the appeal court may, before the main hearing, declare the judgment in respect of part of the sentence as enforceable if the guilt of a person is subject to a penalty. the offence or, in the case of a number of offences, have not been contested. The order shall be admissible only if it corresponds to the well-understood interest of the defendant. The part of the penalty shall not exceed the penalty which corresponds to a conviction for the offences in respect of which the guilt has not been objected to. (2) An immediate appeal is admissible against the decision.

Fourth subsection
Procedure for the suspension of the youth penalty on probation

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Section 57 Decision on suspension

(1) The suspension of the youth penalty on probation shall be subsequently ordered in the judgment or, as long as the execution of the sentence has not yet begun, by decision. If the decision on the suspension has not been reserved in the judgment, the court responsible for the subsequent decision is the court which recognised the case in the first legal proceedings; the public prosecutor's office and the young person are to be heard. (2) the Court of First Instance shall not reserve the decision on suspension to a subsequent decision or refuse to suspend it in the judgment or in a subsequent decision, its subsequent order shall be admissible only if, since the judgment has been issued, , or in the decision, circumstances which have been identified by themselves or in connection with: (3) If any instructions or conditions (§ 23) are to be considered, the young person should be asked in appropriate cases whether he or she promises to live in the future. , whether or not to provide services which serve as a source of satisfaction for the injustice that has been committed. If the instruction is to be taken into consideration for a treatment or an educational cure, the young person who has completed the sixteenth year of life is to be asked whether he or she gives his consent to this. (4) § 260 (4) sentence 4 and Section 267 (3) sentence 4 of the Code of Criminal Procedure shall apply accordingly. Unofficial table of contents

Section 58 Further decisions

(1) Decisions which are required as a result of the suspension (§ § 22, 23, 24, 26, 26a) shall be taken by the judge by decision. The public prosecutor, the youth and the probation officer are to be heard. If a decision is taken into consideration in accordance with Section 26 or the imposition of Jugendarrest, the young person shall be given the opportunity to make an oral statement before the judge. The decision shall be justified. (2) The judge shall also direct the execution of the provisional measures in accordance with Section 453c of the Code of Criminal Procedure. (3) The judge who ordered the suspension shall be responsible. He can transfer the decisions in whole or in part to the judge of the youth, in whose district the young person is holding. Section 42 (3) sentence 2 shall apply accordingly. Unofficial table of contents

Section 59 Dispute

(1) An immediate decision to dispel or oppose the suspension of the juvenile penalty is, if it is challenged on its own or only together with the decision on the order of a youth sentence in accordance with Section 16a, immediate Appeal admissible. The same applies if a judgment is only appealed because the sentence has not been suspended. (2) Against a decision on the duration of the probation period (§ 22), the duration of the period of subordination (§ 24), the rearrangement of the Subposition in the probation period (§ 24 para. 2) and on instructions or conditions (§ 23) is admissible. It can only be based on the fact that the probation period or the period of delivery has been subsequently extended, the sub-position has been re-arranged or that a decision taken is unlawful. (3) Against the revocation of the suspension of the (4) The decision on the decree (§ 26a) cannot be appealed. (5) In the event of a judgment, a permissible revision and against a decision relating to a judgment arranged in the judgment will be subject to a decision of the Court of Justice. Suspension of the youth penalty on probation, appeal is lodged, so the Court of Appeal shall also have jurisdiction to decide on the appeal. Unofficial table of contents

§ 60 probation plan

(1) The Chairperson shall put together the instructions and conditions issued in a probation plan. He shall inform him of the importance of the suspension, the probation of probation and the time of delivery, the instructions and conditions as well as the possibility of revocation of the suspension. At the same time, it must be given to him to indicate any change in his/her stay, training or work place during the period of probation. (2) The name of the probation officer shall be entered in the probation plan. (3) The young person shall be confirmed by his signature, that he has read the probation plan, and promise that he will comply with the instructions and conditions. The guardian and the legal representative are also to sign the probation plan. Unofficial table of contents

Section 61 Subject to the subsequent decision on suspension

(1) In the judgment, the Court of First Instance expressly reserves the right to a subsequent decision on the suspension of the youth penalty on probation, if:

1.

after exhaustion of the investigative possibilities, the findings made may not yet be justified by the expectation of the first sentence of Article 21 (1), first sentence, and

2.

there is a prospect that such expectation will be justified in the foreseeable future (Section 61a (1)) on the basis of approaches to the life of the young person or any other particular circumstances.

(2) A corresponding reservation may also be issued if:

1.

have emerged in the main negotiation circumstances of the kind referred to in paragraph 1 (2), which alone or in conjunction with other circumstances could justify the expectation of the first sentence of Article 21 (1), first sentence,

2.

the findings relating to the circumstances which are significant in accordance with paragraph 1, but require further investigation and

3.

the interruption or suspension of the main negotiation would lead to erratic or disproportionate delays.

(3) If in the judgment the reservation is pronounced, § 16a shall apply accordingly. The reservation is to be included in the judgment formula. The reasons for the judgment must be based on the circumstances which determine it. In the case of the delivery of the judgment, the young person shall be lecturing on the meaning of the reservation and of his conduct in the period up to the subsequent decision. Unofficial table of contents

§ 61a Deadline and responsibility for the reserved decision

(1) The reserved decision shall be taken no later than six months after the date of entry into force of the judgment. The Court of First Instance may, subject to the reservation, set a shorter maximum period. For special reasons and with the consent of the convicted person, the period referred to in the first or second sentence may be extended by decision to a maximum of nine months from the date of the judgment of the judgment. (2) The decision shall be subject to the reserved decision. the Court of First Instance, in whose judgment the actual findings on which it was based could be examined for the last time.
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Section 61b Further decisions relating to the suspension of the decision on suspension

(1) The court may grant to the young person, for the period between the entry into force of the judgment and the expiry of the period laid down in § 61a (1), instructions and conditions; § § 10, 15 (1) and (2), § 23 (1) sentence 1 to 3, paragraph 2 shall apply accordingly. The court is to submit to the young people for this period of supervision and supervision of a probation officer; this is to be dispensed with only if adequate care and supervision by the juvenile justice assistance are guaranteed. In addition, § § 24 and 25 are to be applied accordingly. Probation aid and youth court aid work closely together. In doing so, they may also transmit personal data via the convicted person, insofar as this is necessary for the proper performance of the care and monitoring tasks of the respective other body. In the case of the decisions referred to in this paragraph, the first sentence of Article 58 (1), (2) and (4), (3), first sentence, and (5) and (5) shall apply The provisions of § 60 shall apply mutatily. (2) Before the expiry of the time limit laid down in accordance with § 61a (1), reasonable grounds for the acceptance that a suspension of the juvenile sentence on probation shall be rejected shall apply to § 453c of the (3) If the juvenile penalty is suspended, the period of time from the entry of the legal force of the judgment, in which the suspension of a subsequent decision has been reserved, shall be suspended until the end of the period. on the entry of the legal force of the decision on the suspension to the provisions of Article 22 (4) If the suspension is refused, the court may apply to the juvenile penalty benefits provided by the young person for the purpose of carrying out instructions, conditions, commitments or offers of the child. The court has to count on the benefits if the legal consequences of the act would otherwise exceed the measure of guilt. With regard to Jugendarrest, which has been imposed in accordance with § 16a (§ 61 (3) sentence 1), § 26 (3) sentence 3 shall apply accordingly.

Fifth Subsection
Procedure for suspension of the imposition of the juvenile penalty

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Section 62 Decisions

(1) Decisions in accordance with § § 27 and 30 shall be taken on the basis of a main hearing by judgment. § 267 (3) sentence 4 of the Code of Criminal Procedure shall apply mutatis mutant to the decision to suspend the imposition of the juvenile sentence. (2) With the consent of the public prosecutor, the redemption of the guilty verdict after the expiry of the probation period may also be without (3) if a main hearing carried out during the probation period does not require that a juvenile penalty is required (Article 30 (1)), the decision to decide whether or not to impose the penalty shall be taken by the decision of the Court of First (4) For the other decisions taken as a result of a suspension of the § 58 (1) (1), (2) and (4) and (3) sentence 1 shall apply in a reasonable way. Unofficial table of contents

Section 63 Dispute

(1) A decision by which the guilty verdict shall be redeemed after the expiry of the probation period (section 62 (2)) or the decision to impose the juvenile penalty shall be suspended (Section 62 (3)). (2) In other respects, § 59 (2) and (5) shall apply. sensual. Unofficial table of contents

Section 64 probation plan

§ 60 shall apply mutatily. The young person shall be informed of the importance of the suspension, the period of probation and the submission of instructions and conditions and of the fact that he should be expected to fix a juvenile penalty if he or she during the period of probation of the period of probation. bad lead.

Sixth subsection
Complementary Decisions

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Section 65 Night-time decisions concerning instructions and conditions

(1) The judge of the first legal train shall, after hearing the public prosecutor and the young person, take decisions which relate to instructions (§ 11 para. 2, 3) or obligations (§ 15 para. 3) by means of a decision. To the extent necessary, the representative of the "Jugendgerichtshilfe" ("Jugendgerichtshilfe"), the care worker appointed pursuant to § 10 (1) sentence 3 no. 5, and the head of a social training course acting in accordance with § 10 paragraph 1 sentence 3 no. If the imposition of Jugendarrest is taken into account, the young person shall be given the opportunity to make an oral statement before the judge. The judge may submit the proceedings to the judge in whose district the young person is staying when he/she has changed his/her stay. § 42 (3) sentence 2 shall apply. (2) If the Judge has rejected the amendment of instructions, the decision shall not be countervailable. If he has been subject to a Jugendarrest, immediate appeal is admissible against the decision. This has suspensive effect. Unofficial table of contents

§ 66 Supplement to final decisions in case of multiple conviction

(1) The uniform setting of measures or juvenile penalties (§ 31) is not and are not yet fully carried out, served or otherwise provided by the final decisions of the law which have been recognised by the law enforceable decisions, breeding funds and penalties. The judge shall make such a decision retrospectily. This does not apply in so far as the judge, in accordance with Section 31 (3), had not been involved in the inclusion of legally valid offenses. (2) The decision is due to a main hearing by judgment, if the prosecutor requests it or the Chairman it considers it appropriate. If a main hearing is not carried out, the judge shall decide by decision. The same applies to the competence and decision-making procedure as for the subsequent formation of a total penalty in accordance with the general rules. If a juvenile penalty is partially served, the judge shall be responsible for the duties of the executing officer.

Seventh subsection
Common procedural rules

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Section 67 Position of the guardian and the legal representative

(1) Insofar as the accused has a right to be heard, to ask questions and requests or to be present in the case of investigation, this right shall also be entitled to the legal guardian and the legal representative. (2) Is a The rights of the legal representative for the election of a defender and for the consideration of a defendant are to be addressed to the legal representative. (3) Legal remedies are also available to the legal guardian. (4) The judge can do this To the extent that they are suspected of being involved in the misconduct of the accused, or to the extent that they are convicted of involvement, the rights of the guardian and the legal representative shall be withdrawn from the right of the guardian and the legal representative. If the conditions set out in the first sentence are met by the legal guardian or the legal representative, the judge may oppose the withdrawal of the sentence against both if there is a fear of abuse of the rights. If the guardian and the legal representative are no longer entitled to their rights, the family court shall appoint a carer for the purpose of exercising the interests of the accused in the pending criminal proceedings. The main negotiation is suspended until the order of the Pfleger. (5) If several are entitled to education, then each of them may exercise the rights of the legal guardian in this law. In the main hearing or in any other proceedings before the judge, the absent guardian shall be considered as represented by the present. Where communications or charges are required, it shall be sufficient if they are addressed to a legal guardian. Unofficial table of contents

Section 68 Necessary Defense

The Chairman shall appoint a defender to the accused if:

1.

an adult would be a defender to order,

2.

the legal guardian and the legal representative are deprived of their rights under this law,

3.

the legal guardian and the legal representative have been excluded from the trial pursuant to § 51 para. 2 and the impairment in the exercise of their rights by subsequent information (§ 51 para. 4 sentence 2) is not sufficient can be balanced,

4.

in order to prepare an opinion on the state of development of the accused (§ 73), his accommodation in an institution shall be eligible, or

5.

shall be carried out against him in custody or temporary accommodation in accordance with § 126a of the Code of Criminal Procedure, as long as he has not completed the eighteenth year of his life; the defender shall be ordered immediately.

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§ 69 Beistand

(1) The Chairman may order the accused person in any position of the proceedings if there is no case of the necessary defence. (2) The legal guardian and the legal representative may not be appointed to the assistance. if this would be a disadvantage for the upbringing. (3) The assistance can be granted access to the file. Moreover, in the main hearing, he has the rights of a defender. He is not authorized to represent the defendant. Unofficial table of contents

Section 70 Communications

The juvenile justice system, in appropriate cases also the family court and the school, are informed of the initiation and the outcome of the proceedings. They shall inform the public prosecutor if they become aware that another criminal procedure is pending against the accused. The family court also informs the Public Prosecutor of the family court measures as well as their amendment and annulment, unless it can be recognized by the family court that the defendant's interests are worthy of protection or that of the notice of the notice Persons concerned outweigh the exclusion of the transmission. Unofficial table of contents

§ 70a Belehrungen

(1) Prewritten teachings of the young person must be carried out in such a way as to correspond to his/her development and educational level. They shall also be addressed to their legal guardians and legal representatives present in such a way as to enable them to fulfil their responsibilities with regard to the subject matter of the instruction. If legal guardians and legal representatives are not present in the teaching of the young person about the significance of the legal consequences of the court, they must be given the information in writing. (2) If there is an instruction on the matter, the the importance of the suspension of a juvenile sentence on probation or of the importance of the reservation of a subsequent decision in the presence of juvenile or adolescent co-defendants, who are only responsible for the purpose of drawing up a child's education or training; or Breeding funds are to be given an understanding of the teaching of the importance of the decision. Unofficial table of contents

Section 71 Preliminary orders on education

(1) Up to the legal force of the judgment, the judge may take provisional orders on the education of the youth or encourage the granting of benefits under the Eighth Book Social Code. (2) The judge may grant the interim accommodation in an appropriate home for youth assistance, provided that this is also necessary with regard to the measures to be expected in order to prevent young people from continuing to endanger their development, in particular prior to the commission of new offences. § § 114 to 115a, 117 to 118b, 120, 125 and 126 of the Code of Criminal Procedure apply analogously to the provisional accommodation. The execution of the provisional accommodation shall be governed by the rules applicable to the home of youth assistance. Unofficial table of contents

Section 72 provisional detention

(1) Pretrial detention may only be imposed and enforced if its purpose cannot be achieved by means of a provisional arrangement on education or other measures. In the case of the examination of proportionality (Section 112 (1) sentence 2 of the Code of Criminal Procedure), account must also be taken of the particular burdens on young people. Where pre-trial detention is imposed, the arrest warrant shall state the reasons for the fact that other measures, in particular temporary accommodation in a home for youth assistance, are not sufficient and that the pre-trial detention is not is disproportionate. (2) As long as the young person has not yet completed the sixteenth year of life, the imposition of pre-trial detention is only admissible on account of the risk of escape, if he/she

1.

had already withdrawn from the proceedings or had taken steps to escape, or

2.

does not have a permanent residence or residence within the scope of this Act.

(3) The judge who has issued the warrant shall decide on the execution of an arrest warrant and on the measures to be taken to avoid his enforcement in urgent cases of the Jugendrichter, in whose district the pre-trial detention has been carried out (4) Under the same conditions under which an arrest warrant may be issued, the provisional accommodation may also be placed in a home for youth assistance (§ 71 (2)). In this case, the judge may subsequently replace the placement command with an arrest warrant, if this proves necessary. (5) If a juvenile is in custody, the procedure with special acceleration shall be (6) The judicial decisions relating to pre-trial detention may, for important reasons, be transferred to the competent judge, all or part of another judge's judge. Unofficial table of contents

Section 72a Appeal of the Youth Court in cases of civil liability

The Court of Appeal shall immediately be informed of the execution of an arrest warrant and shall already be informed of the issue of an arrest warrant. The Youth Tribunal shall be informed of the provisional arrest of a young person if, according to the state of the investigation, it is to be expected that the young person will be presented to the judge in accordance with Section 128 of the Criminal Procedure Code. Unofficial table of contents

Section 72b Transport with representatives of the Youth Tribunal, the care worker and the educational assistance

If a young person is in pre-trial detention, the representatives of the juvenile justice service shall also be allowed to travel with the accused to the same extent as a defender. The same applies if the accused person is subject to the supervision and supervision of a care worker, or if he or she has been appointed as an education counselor, for the aid worker or for his/her educational assistance. Unofficial table of contents

Section 73 Accommodation for observation

(1) In order to prepare an opinion on the state of development of the accused, the judge may order, after hearing an expert and the defendant, that the accused be brought into an institution suitable for the examination of young people. and is observed there. In the preparatory procedure, the judge who would be responsible for the opening of the main proceedings will decide. (2) An immediate appeal against the decision shall be admissible. It shall have suspensive effect. (3) The detention in the institution shall not exceed the duration of six weeks. Unofficial table of contents

Section 74 Costs and expenses

In proceedings against a young person, it may be waived to impose costs and expenses on the accused.

Eighth Subsection
Simplified youth procedure

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§ 75

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Section 76 Conditions of the simplified youth procedure

The public prosecutor may, in writing or orally, request a Jugendrier to decide in the simplified youth procedure if it is to be expected that the judge shall only give instructions to order the parenting counsel; In the event of a ban on the use of the breeding product, he or she will be able to identify a driving licence, withdraw the driving licence and fix a ban of not more than two years, or the decay or the confiscation. The prosecutor's request shall be the same as the indictment. Unofficial table of contents

Section 77 Rejection of the application

(1) The judge shall reject the decision in the simplified procedure if the case is not appropriate, in particular where the order of assistance for education within the meaning of Section 12 (2) or the imposition of juvenile punishment is likely, or extensive evidence needs to be taken. The decision may be taken until the judgment is announced. It shall not be countervailable. (2) If the Jugendrier takes the decision under the simplified procedure, the Public Prosecutor shall submit an indicting-rift. Unofficial table of contents

Section 78 Procedure and decision

(1) The Jugendrichter decides in the simplified youth procedure due to oral proceedings by judgment. It must not be recognized by means of education within the meaning of § 12 No. 2, juvenile punishment or accommodation in an equalising institution. (2) The Public Prosecutor is not obliged to take part in the trial. If it does not participate, it shall not require its consent to cease the proceedings in the trial or to conduct the trial in the absence of the accused. (3) For the simplification, acceleration and youthful design of the Proceedings may be deviated from procedural rules to the extent that this does not affect the investigation of the truth. The provisions concerning the presence of the accused (§ 50), the position of the legal guardian and the legal representative (§ 67) and the notification of decisions (§ 70) must be observed. If the accused remains away from the oral proceedings and if his long-distance stay is not sufficiently apologised, the presentation may be arranged if the charge has been threatened with the summons.

Ninth Subsection
Exclusion of provisions of general procedural law

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Section 79 Criminal order and expedited procedure

(1) A criminal order shall not be issued against a young person. (2) The accelerated procedure of general procedural law is inadmissible. Unofficial table of contents

Section 80 Private collage and fog

(1) Private action cannot be levied against a young person. The Public Prosecutor shall also pursue a misconduct which may be pursued in accordance with the general provisions by private action, even if there are grounds for education or a legitimate interest of the injured person, which does not preclude the purpose of education. (2) A counterclaim is admissible against a juvenile private kläger. (3) The public lawsuit raised can only be used as a co-warrior who is responsible for a crime against life, physical integrity or sexual self-determination or in accordance with § 239 (3), § 239a or § 239b of the Criminal Code, by which the victim has been seriously or physically damaged or has been exposed to such a danger, or by a crime according to § 251 of the Penal Code, also in connection with § 252 or § 255 of the penal code. In addition, Section 395 (2) (1), (4) and (5) and § § 396 to 402 of the Code of Criminal Procedure shall apply accordingly. Unofficial table of contents

§ 81 Compensation of the injured

The provisions of the Code of Criminal Procedure relating to the compensation of the injured (§ § 403 to 406c of the Code of Criminal Procedure) are not applied in proceedings against a young person.

Tenth subsection
Arrangement of the safekeeping

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Section 81a Procedure and decision

§ 275a of the Code of Criminal Procedure and § § 74f and 120a of the Law Constitutional Law apply analogously to the procedure and the decision on the arrangement of the accommodation in the security custody.

Third main piece
Enforcement and enforcement

First section
Enforcement

First subsection
Constitution of enforcement and jurisdiction

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Section 82 Enforcement Officers

(1) Leader is the Jugendrier. It also carries out the duties assigned to the Criminal Procedure Code of the Trial Chamber. (2) Insofar as the Judge has ordered assistance for education within the meaning of § 12, the further jurisdiction shall be governed by the provisions of the Eighth. (3) In the cases of § 7 (2) and (4), the enforcement of the accommodation and jurisdiction shall be governed by the provisions of the Code of Criminal Procedure if the person concerned has completed the twenty-first year of life. Unofficial table of contents

Section 83 Decisions in the enforcement procedure

(1) The decisions of the enforcement officer in accordance with § § 86 to 89a and 89b para. 2 as well as in accordance with § § 462a and 463 of the Code of Criminal Procedure are jugenery decisions. (2) For the judicial proceedings which become necessary for the execution of the sentence Decisions to be taken against an order taken by the executing director shall be the youth chamber in cases where:

1.

the leader himself or, under his chairmanship, the Juvenile Court of Appeal in the first legal proceedings,

2.

the law enforcement officer would have to decide on his or her own order in the performance of the duties of the Trial Chamber.

(3) The decisions referred to in paragraphs 1 and 2 may, unless otherwise specified, be challenged with an immediate appeal. § § 67 to 69 shall apply mutatily. Unofficial table of contents

Section 84 Local competence

(1) The Jugendrichter shall initiate enforcement in all proceedings in which he/she himself, or under his chairmanship, recognized the Juvenile Court in the first legal proceedings. (2) Insofar as, except in the cases referred to in paragraph 1, the decision of a , the initiation of enforcement shall be the subject of the Jugendrichter of the Local Court, to which the family-judicial educational duties are to be carried out. If, in these cases, the convicted person is of the age of age, the initiation of enforcement shall be granted to the judge's judge of the local court, who shall be subject to the family-judicial education duties where there is still a lack of majority. (3) In the cases referred to in paragraphs 1 and 2 The Jugendrichter shall execute the execution of the case, unless otherwise specified in Section 85. Unofficial table of contents

Section 85 levy and transfer of enforcement

(1) If Jugendarrest is to be completed, the first judge responsible shall issue the execution to the Jugendrichter who, according to § 90 para. 2 sentence 2, is responsible as a law enforcement officer. (2) If a juvenile sentence is to be completed, then after the admission the convicted person in the establishment for the execution of the juvenile penalty, the enforcement of the Jugendrichter of the local court, in whose district the institution for the execution of the juvenile penalty is situated. The State Governments are empowered to determine, by means of a decree law, that enforcement is transferred to the Jugendrichter of another local court, if this appears more favourable for reasons of transport. The State Governments may transfer the authorization to the Land Justice Administrations by means of a legal regulation. (3) In the case of a country holding a facility for the execution of the juvenile sentence in the territory of another country, the parties concerned may Countries agree that the judge of a local court of the country which has the institution responsible for the execution of the juvenile penalty should be responsible. If such an agreement is reached, enforcement shall be carried out on the Jugendrichter of the Local Court in whose district the supervisory authority responsible for the establishment of the juvenile penalty is situated. The Government of the country which has the facility for the execution of the juvenile penalty shall be empowered to determine, by means of a decree law, that the judge of another local court shall be responsible if, for reasons of transport, this shall be the responsibility of the seems more favourable. The Land Government may transfer the authorization to the Land Justice Administration by means of a legal regulation. (4) Paragraph 2 shall apply mutagenically to the execution of a measure of improvement and security pursuant to Section 61 (1) or (2) of the Criminal Code. (5) 6. If the convicted person has completed the twenty-fourth year of life, the person convicted shall be able to relinquish the execution of the sentence in accordance with the provisions of paragraph 2 of this Article. Until 4 competent law enforcement officers carry out the execution of a Provisions of the prison sentence for adults or a measure of improvement and security to the enforcement authority competent in accordance with the general rules, if the enforcement of the criminal law or of the law is likely to be will last longer and the special basic ideas of juvenile justice will no longer be decisive, taking into account the personality of the convicted person, for the further decisions; the levy is binding. The charge shall be subject to the provisions of the Code of Criminal Procedure and the Law on Criminal Law. (7) For the prosecution of the public prosecutor's office in the enforcement proceedings § 451 (3) of the Code of Criminal Procedure accordingly.

Second subsection
Jugendarrest

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§ 86 Conversion of the leisure time

The executing manager may convert leisure rest to short-term arrest if the conditions of section 16 (3) have subsequently occurred. Unofficial table of contents

Section 87 Enforcement of the Jugendarrestes

(1) The execution of the Jugendarrestes shall not be suspended for probation. (2) § 450 of the Code of Criminal Procedure shall apply mutagenically to the offsetting of pre-trial detention to Jugendarrest. (3) The executing officer shall see the execution of the sentence. Jugendarrestes wholly or, if Jugendarrest is partially served, from the execution of the remainder, if circumstances have emerged since the judgment of the judgment, which alone or in connection with the circumstances already known may be seen as a check from the Enforcement shall be justified on grounds of education. If six months have elapsed since the validity of the legal force, he or she shall not be required to execute the sentence if this is necessary for reasons of education. From the execution of the act of jugeny it can be completely disguted if it is to be expected that the Jugendarrest, in addition to a penalty imposed on the convicted for another act, or which he has to expect because of a different act, will no longer fulfil its educational purpose. Before the decision, the law enforcement officer shall, if possible, hear the discerning court, the public prosecutor's office and the representation of the juvenile justice assistance. (4) The execution of the act of jugeny is inadmissible if the legal force has entered into force since the entry of the judicial authority. Year has passed. In the case of § 16a, after three months have elapsed since the entry of the legal force of the enforcement, no longer shall be commenced. Jugendarrest, which has been imposed in accordance with § 16a and has not yet been served, shall not be enforced any more if the court

1.

the suspension of the juvenile penalty is revoked (Article 26 (1)),

2.

to a juvenile sentence the imposition of which has been suspended (Article 30 (1) sentence 1), or

3.

the suspension of the juvenile penalty is rejected in a subsequent decision (Section 61a (1)).

Third Subsection
Juvenile penalty

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Section 88 Suspension of the Restes of the juvenile penalty

(1) The enforcement officer may suspend the execution of the sentence of the juvenile sentence on probation if the convicted person has served a portion of the sentence and this in respect of the development of the young person, including taking into account the (2) The suspension of the execution of the Restes may only be ordered for particularly important reasons, before the end of six months. In the case of a juvenile sentence of more than one year, it shall be admissible only if the convicted person has served at least one third of the penalty. (3) In the cases referred to in paragraphs 1 and 2, the enforcement officer shall take his decision at an early stage to the effect that the be able to take the necessary measures to prepare the convicted person for his life after dismissal. It may revoke its decision until the convicted person has been dismissed if the suspension is due to newly arrived or published facts with regard to the development of the young person, including taking into account the (4) The Head of Enforcement shall decide on the hearing of the Prosecutor and of the Executive Director. The convicted person shall be given the opportunity to make an oral statement. (5) The Head of Enforcement may fix periods of no more than six months before the expiry of which an application by the convicted person to suspend the criminal offender for probation is inadmissible. (6) If the executing manager orders the suspension of the execution of the sentence of the juvenile sentence, § 22 para. 1, 2 sentence 1 and 2 as well as the § § 23 to 26a shall apply in a reasonable manner. The leader of the enforcement shall replace the person with the recognition of the recognition. § § 58, 59 (2) to (4) and § 60 are to be applied accordingly to the procedure and the challenge of decision-making. The complaint lodged by the Public Prosecutor's Office against the decision ordering the suspension of the criminal proceedings has suspensive effect. Unofficial table of contents

§ 89 Youth penalty on reservation of decision on suspension

If the court has reserved the decision on the suspension of the juvenile penalty to a subsequent decision, the juvenile penalty may not be enforced before the expiry of the time limit laid down in § 61a (1). This shall not apply if the suspension has previously been rejected in a decision taken on the basis of the reservation. Unofficial table of contents

Section 89a Interruption and enforcement of the juvenile penalty in addition to imprisonment

(1) If a sentence of imprisonment is also to be carried out against the sentenced person to be juvenile, the juvenile penalty shall, as a rule, be executed first. The enforcement officer shall interrupt the execution of the juvenile penalty if half, but at least six months, of the juvenile penalty are served. He may interrupt enforcement at an earlier date when the suspension of the criminal law is considered. A criminal law enforceable on the basis of the revocation of its suspension may be interrupted if half, but at least six months, of the criminal law are served and a renewed suspension is contemplated. § 454b (3) of the Code of Criminal Procedure applies accordingly. (2) If a convicted person other than life imprisonment is to execute a juvenile sentence, then if the last sentence relates to a criminal offence the convicted person shall be sentenced to death. The judgment in the proceedings in which the actual findings on which it was based could be examined last time shall be deemed to be a sentence of life imprisonment. (3) In the cases referred to in paragraph 1, Section 85 (6) shall apply in accordance with the provisions of Section 85 (6) of the Court of Justice of the European Union. The condition that the enforcement officer may make the execution of the juvenile penalty if the convicted person has completed the twenty-first year of his life. Unofficial table of contents

Section 89b exception to the enforcement of the juvenile justice system

(1) In a convicted person, the 18. The juvenile penalty may be carried out in accordance with the provisions of the enforcement of the juvenile justice system in accordance with the provisions of penal law for adults, and is not suitable for the execution of the juvenile justice system. Has the convicted the 24. Under the provisions of the Penal Code for Adults, the sentence is to be completed in accordance with the provisions of the Penal Code. (2) The Enforcement Officer decides on the exception of the execution of the juvenile justice system.

Fourth subsection
Custody

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Section 89c Enforcement of provisional detention

As long as young people are at the age of 21. In the case of young prisoners, the pre-trial detention shall be carried out in accordance with the rules on the enforcement of pre-trial detention and, if possible, in the institutions designated for young prisoners. If the person concerned is not 24 years old in the case of execution of the arrest warrant 21, but not yet 24 years of age, the pre-trial detention may be carried out in accordance with those provisions and in those bodies. The decision shall be taken by the court. The institution designated for the reception shall be heard before the decision.

Second section
Execution

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§ 90 Jugendarrest

(1) The execution of the Jugendarrestes is intended to awaken the sense of honour of the young person and to make him aware that he has to stand up for the injustice he has committed. The full course of the youth in the youth is to be designed in a educational way. It is intended to help young people cope with the difficulties that have contributed to the commission of the crime. (2) The rest of the youth is being carried out in youth institutions or in the restrooms of the State Justice Department. The judge is the Jugendrichter at the place of the execution. Unofficial table of contents

§ 91 (omitted)

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Section 92 Legal remedies in full

(1) Against a measure regulating individual matters in the field of youth, juvenile and detention in a psychiatric hospital or in a descaling institution (Section 61 (1) and (2) of the Criminal code) or in the security custody may be requested by a court decision. § § 109 and 111 to 120 (1) of the Penal Code as well as § 67 (1) to (3) and (5) apply accordingly; the law may stipulate that the application shall not be valid until after a procedure for the amicable (2) The Youth Chamber shall decide on the application, in the district of which the participating law enforcement authority has its registered office. The Youth Chamber is also responsible for decisions pursuant to § 119a of the Penal Act. If a country maintains an institution for the execution of the juvenile penalty in another country, the participating countries may agree that the youth chamber shall be responsible for the district court, in the district of which the institution responsible for the establishment of the competent supervisory authority. (3) The youth chamber shall decide by decision. It shall determine, at the discretion of the person, whether oral proceedings shall be held. At the request of the young person, it is to be heard personally before a decision. The young person is to be lecturing on this. If oral proceedings are not carried out, the hearing usually takes place in the law enforcement body. (4) The youth chamber is occupied with a judge except in the cases referred to in the second sentence of paragraph 2. A judge on a sample may only be a judge if he has already been given judicial duties in criminal proceedings over a period of one year. If the case has particular difficulties of a legal nature or if its fundamental importance is attached to it, the judge shall submit the case to the Youth Chamber for a decision on a takeover. If one of the prerequisites for a takeover is in place, the Youth Chamber will accept the application. It shall decide on this by decision. A retransmission is excluded. (5) For the costs of the proceedings, § 121 of the Penal Code applies with the proviso that, in accordance with § 74, it is possible to impose costs and expenses on the young person. (6) In accordance with Article 89b (1) of the Rules of the Penal Code for adults, or if the young person has completed the twenty-four year of life in the course of a detention order, paragraphs 1 to 5 shall not apply. The provisions of § § 109 to 121 of the Penal Act are applicable to the review of enforcement measures. Unofficial table of contents

§ 93 (omitted)

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§ 93a Accommodation in a descaling institution

(1) The rule of law in accordance with Section 61 (2) of the Penal Code shall be carried out in a body in which the special therapeutic means and social assistance necessary for the treatment of addicted young persons are available. (2) To the goal of achieving the goal of treatment can be loosened up and largely carried out in free forms.

Fourth main piece
Removal of the Criminal Code

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§ § 94 to 96 (omitted)

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Section 97 Elimination of the Criminal Code by the right to judge

(1) If the Jugendrier has obtained the conviction that a juvenile sentenced to juvenile punishment has proved to be a righteous man, he shall, on his own account or at the request of the convicted person, declare that he is a righteous person. Legal representative or guardian of the criminal law shall be deemed to have been removed. This may also be done at the request of the public prosecutor or, if the convicted person is still a minor at the time of the application, at the request of the representative of the Youth Court. The declaration shall be inadmissible if it is a conviction in accordance with § § 174 to 180 or 182 of the Criminal Code. (2) The order may not be issued until two years after the sentence has been served or remitted, unless the convicted person is the person who is not responsible for the sentence. The elimination of the criminal record has been particularly worthy. The arrangement is not permitted during the execution or during a probation period. Unofficial table of contents

Section 98 Procedure

(1) The Jugendrichter of the Local Court, who is responsible for the family-judicial educational duties for the convicted person, shall be responsible. If the convicted person is of age, the judge of the judge is responsible in whose district the convicted person is domiciled. (2) The Jugendrichter, in charge of the investigation into the leadership of the convicted person and his probation, preferably has the authority to do so, who cared for the convict after the sentence was taken. He can do his own investigation. He hears the convicted person and, if he is a minor, the legal guardian and the legal representative, the school and the competent administrative authority. (3) After the conclusion of the investigation, the prosecutor is to be heard. Unofficial table of contents

Section 99 Decision

(1) The Jugendrichter decides by decision. (2) If he does not consider the conditions necessary for the removal of the criminal record, he can postpone the decision for a maximum of two years. (3) The decision is an immediate appeal against the decision allowed. Unofficial table of contents

§ 100 Elimination of the Criminal Code following the adoption of a penalty or a criminal offence

If the sentence or a criminal offence is issued after a period of imprisonment of not more than two years after the suspension of the parole, the judge shall at the same time declare the criminal offence to be removed. This does not apply if it is a conviction in accordance with § § 174 to 180 or 182 of the Criminal Code. Unofficial table of contents

Section 101 Revocation

If the convicted person, whose penalty is declared to be removed, is again sentenced to imprisonment before the repayment of the endorsement for a crime or premeditated offence, the judge shall revoke the sentence in the judgment or retrospection. by decision, the removal of the penalty. In special cases, it can be discredited from the revocation.

Fifth main piece
Young people in the courts responsible for general criminal matters

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Section 102 Jurisdiction

The jurisdiction of the Federal Court of Justice and the Higher Regional Court shall not be affected by the provisions of this Act. In the case of criminal matters belonging to the jurisdiction of Oberlandesgericht in the first legal proceedings (Section 120 (1) and (2) of the Law of the Court of Justice), the Federal Court of Justice also decides on appeals against decisions of these Higher Regional Courts, by which is ordered or rejected for the suspension of the juvenile penalty (Section 59 (1)). Unofficial table of contents

Section 103 Connection of several criminal cases

(1) Criminal cases against young people and adults may be linked in accordance with the rules of general procedural law if it is necessary to study the truth or for other important reasons. (2) The juvenile court is entitled to be entitled to it. This does not apply if the criminal case against adults according to the general rules, including the regulation of § 74e of the Law of the Court of Justice on the responsibility of the Economic Criminal Chamber or the Trial Chamber pursuant to Section 74a of the In such a case, these Trial Chambers are also responsible for the criminal proceedings against the young person. In the case of sentence 2, § § 6a, 225a (4), § 270 (1) sentence 2 of the Code of Criminal Procedure shall apply in accordance with Section 209a of the Code of Criminal Procedure for the examination of the competence of the Economic Criminal Chamber and the Trial Chamber pursuant to Section 74a of the Law Constitutional Law in the case of sentence 2 of the German Court of Justice. The Code of Criminal Procedure must be applied with the proviso that these Trial Chambers also have a higher order of order in relation to the Juvenile Chamber. (3) The judge decides to separate the related items, so that the duty of the judges shall be handed over at the same time. has been severed to the judge who would have been responsible without the connection. Unofficial table of contents

Section 104 Procedure against young people

(1) In proceedings against young persons in the courts responsible for general criminal matters, the provisions of this Act shall apply to:

1.

Misconduct of young people and their consequences (§ § 3 to 32),

2.

education and the legal status of the Youth Tribunal (§ § 38, 50 (3)),

3.

the scope of the investigation in the preliminary proceedings (§ 43),

4.

the cessation of the prosecution and the cessation of the proceedings by the judge (§ § 45, 47),

5.

pre-trial detention (§ § 52, 52a, 72),

6.

the reasons for the judgment (§ 54),

7.

the appeal procedure (§ § 55, 56),

8.

the procedure for the suspension of the youth penalty on probation and the imposition of the juvenile penalty (§ § 57 to 64),

9.

the participation and legal status of the legal guardian and the legal representative (§ § 67, 50 para. 2),

10.

the necessary defence (§ 68),

11.

Communications (§ 70),

12.

the accommodation for observation (§ 73),

13.

Costs and expenses (§ 74),

14.

the exclusion of provisions of general procedural law (§ § 79 to 81) and

15.

Procedure and decision in case of order of safekeeping (§ 81a).

(2) The application of further procedural provisions of this Act is at the discretion of the judge. (3) As far as it is necessary for reasons of state security, the judge may order that the use of the juvenile justice assistance and the participation of the Guardians and legal guardians. (4) If the judge deems the order of education necessary, he has to leave the selection and order of the judge to the family court. § 53 Sentence 2 shall apply. (5) The Jugendrichter, in whose district the young person is holding, shall have the following decisions to be transferred:

1.

decisions to be taken following the suspension of the youth penalty on probation;

2.

Decisions required after suspension of the imposition of the juvenile penalty, with the exception of the decisions on the determination of the penalty and the repayment of the guilty verdict (§ 30);

3.

Decisions which are necessary after the reservation of a subsequent decision on the suspension of the juvenile penalty, with the exception of the reserved decision itself (§ 61a).

Part Three
Growing up

First section
Application of the substantive criminal law

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Section 105 Application of juvenile justice to adolescents

(1) If an adolescent is guilty of misconduct, which is punishable under the general rules, the judge shall apply the provisions of Sections 4 to 8, 9 (1), § § 10, 11 and 13 to 32 in force for a young person, if:

1.

the overall assessment of the person's personality, taking into account also the environmental conditions, shows that, at the time of deed, he or she was still equal to a young person after his moral and spiritual development, or

2.

it is the nature, the circumstances or the motives of the act to be a youth misconduct.

(2) Section 31 (2) sentence 1, para. 3 is to be applied even if the adolu has already been convicted of a part of the offences in accordance with general criminal law. (3) The maximum sentence of the youth penalty for adolescents is ten. Years. If the offence is murder and the maximum rate of sentence 1 is not sufficient because of the particular gravity of the debt, the maximum amount shall be 15 years. Unofficial table of contents

Section 106 Mitigation of general criminal law for adolescents; safekeeping

(1) If the general criminal law is to be applied on account of the offence of an adolu, the court may, instead of life imprisonment, recognise a custodial sentence of ten to fifteen years. (2) The court may order that the Loss of ability to hold public offices and to obtain rights from public elections (§ 45 para. 1 of the Criminal Code) does not occur. (3) Protection of safekeeping must not be disposed of in addition to the penalty. In the judgment, the court may reserve the order of safekeeping, if:

1.

the adolu is sentenced to a term of imprisonment of at least five years for one or more crimes

a)

against life, physical integrity or sexual self-determination, or

b)

in accordance with § 251 of the Criminal Code, also in connection with § 252 or § 255 of the Criminal Code,

by which the victim has been physically or physically seriously damaged or exposed to such a danger; and

2.

in the light of the overall assessment of the adolu and his deed or his deeds with reasonable certainty, or at least likely to be the case for which he is responsible for offences of the type referred to in paragraph 1 and As a result, at the time of condemnation, it is dangerous for the general public

(4) Under the other conditions set out in the second sentence of paragraph 3, the court may also declare such a reservation if:

1.

the conviction is made on account of one or more of the misdeed pursuant to Section 176 of the Criminal Code,

2.

the other requirements of Section 66 (3) of the Criminal Code are fulfilled, in so far as the Penal Code does not refer to Section 66 (1), first sentence, point 4 of the Criminal Code, and

3.

it is also in the case of the relevant previous and future acts to be expected to be those of the kind referred to in point 1 or paragraph 3, second sentence, point 1, by which the victim seriously or physically harms or is at risk of such danger has been or would have been suspended.

(5) If, in addition to the penalty, the order of detention is reserved and the convicted person has not completed the twenty-seventh year of life, the court orders that the sentence in a social therapy institution should already be used for the sentence. unless the resocialisation of the perpetrator can be better promoted by this means. This arrangement can also be effected subsequently. As long as the execution in a social therapy facility has not yet been arranged or the prisoner has not yet been transferred to a social therapy institution, it is to be decided in each case after six months. The judicial enforcement chamber shall be responsible for the subsequent arrangement in accordance with the second sentence. § 66c (2) and 67a (2) to (4) of the Criminal Code shall remain unaffected. (6) The court orders the safekeeping of the convicted person, if the convicted person, his deed or his deeds, and in addition to his/her development until the time of the sentence the decision indicates that he is to be expected to offend the offences referred to in the second sentence of paragraph 3 (1) or (4); Section 66a (3), first sentence, of the Penal Code shall apply. (7) Is the action referred to in paragraph 3, second sentence, No. 1 shall be placed in a psychiatric hospital in accordance with section 67d (6) of the Penal code has been declared void because the state of the debt excluding or diminishing the condition on which the accommodation was based did not pass at the time of the discharge decision, so the court may place the accommodation in order to ensure that the security is held in custody,

1.

the accommodation of the person concerned has been ordered in accordance with § 63 of the Criminal Code for several such acts or if the person concerned is due to act on one or more such acts which he/she is responsible for in accordance with Section 63 of the Penal Code has committed, has already been sentenced to imprisonment for at least three years or had been housed in a psychiatric hospital, and

2.

the overall performance of the person concerned, his deeds and, in addition to his development, until the date of the decision, it is likely that he will again commit crimes of the kind referred to in the second sentence of paragraph 3 (2).

(7) (omitted)

Second section
Court constitution and procedures

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Section 107 Court constitution

§ § 33 to 34 (1) and § § 35 to 38 apply to adolescents from the provisions on the juvenile justice constitution. Unofficial table of contents

Section 108 Jurisdiction

(1) The rules on the jurisdiction of juvenile courts (§ § 39 to 42) also apply in case of misconduct. (2) The Jugendrichter is also responsible for the misconduct of adolescents, if the application of the general criminal law to (3) If, in view of the illegal act of an adolu, the general criminal law is to be applied, Section 24 (2) of the Law of the Court of Justice shall apply. If, in the individual case, a higher sentence than four years ' imprisonment or the accommodation of the accused in a psychiatric hospital, alone or in addition to a sentence, or in the security custody (§ 106 (3), (4), (7)) is to be expected, the youth chamber. The decision of a reduced occupation in the main trial (§ 33b) is not permissible if the order of accommodation in the safekeeping, the reservation or the arrangement of the accommodation in a psychiatric hospital to is expected. Unofficial table of contents

Section 109 Procedure

§ § 43, 47a, 50 (3) and 4, § 68 (1) and (4), § 70a (1) sentence 1, (2) and § § 72a to 73 and § 81a shall apply in accordance with the provisions relating to juvenile prosecution proceedings (§ § 43 to 81a). , The Youth Tribunal and, in appropriate cases, the school shall be informed of the initiation and the outcome of the proceedings. They shall inform the public prosecutor if they become aware that another criminal procedure is pending against the accused. The public can be excluded if this is offered in the interest of the adolescents. (2) If the Judge of Judge juvenile justice (§ 105) ends, § § 45, 47 (1) sentence 1 no. 1, 2 and 3, para. 2, 3, § § 52, 52a, 54 (1), § § 55 up to 66, 74 and 79 (1) accordingly. § 66 shall be applied even if the uniform setting of measures or juvenile penalties is not required in accordance with Section 105 (2). Section 55 (1) and (2) shall not apply if the decision has been taken in the accelerated procedure of the general procedural law. § 74 is not to be applied in the context of a decision on the expositions of the injured person in accordance with § 472a of the Code of Criminal Procedure. (3) In a case against an adolu, § 407 (2) sentence 2 of the Code of Criminal Procedure does not apply.

Third Section
Enforcement, enforcement and removal of the Criminal Code

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Section 110 Enforcement and enforcement

(1) § 82 (1), § 83 to 93a for adolescents according to § 82 (1), § 82 (1), insofar as the Judge applies to juvenile justice (§ 105) and measures allowed under this Act are applicable to adolescents. (2) For the execution of pre-trial detention at the time of the pretrial period, § 89c applies accordingly. Unofficial table of contents

Section 111 Elimination of the Criminal Code

The provisions relating to the elimination of the Criminal Code (§ § 97 to 101) shall apply mutamatters to adolescents as long as the judge has imposed a juvenile sentence.

Fourth Section
Growing up in the courts responsible for general criminal matters

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Section 112 Appropriate application

§ § 102, 103, 104 (1) to (3) and (5) apply in accordance with procedures against adolescents. The provisions referred to in Article 104 (1) shall be applied only in so far as they are not excluded under the law applicable to the adolescents. If the judge deems the issuing of instructions necessary, he shall leave the selection and arrangement to the Jugendrichter, in whose district the adolu is holding up.

Fourth part
Special provisions for soldiers of the Bundeswehr

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Section 112a Application of juvenile justice

The juvenile justice system (§ § 3 to 32, 105) is valid for the duration of the military service of a young person or adolescent with the following deviations:

1.

Assistance for education within the meaning of § 12 may not be ordered.

2.

(dropped)

3.

When issuing instructions and conditions, the judge shall take into account the special features of the military service. Instructions and conditions which have already been issued should adapt it to these specific features.

4.

A soldier can be ordered as a volunteer probation officer. In his activity (§ 25 sentence 2), he does not submit to the instructions of the judge.

5.

From the surveillance by a probation officer, who is not a soldier, are excluded matters for which the military superiors of the youth or adolescent have to provide. Measures taken by the Disciplinary Board shall take precedence.

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§ 112b (omitted)

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§ 112c Enforcement

(1) The Head of Enforcement shall be required to execute Jugendarrest, who is in fact imposed because of a deed before the commencement of the military service relationship, against soldiers of the Bundeswehr, if the special features of the military service require it and (2) The decision of the enforcement officer referred to in paragraph 1 shall be a jugendriy decision within the meaning of § 83.

Footnote

Fourth part (§ § 112c to 112e): Does not apply in Berlin according to. § 123 sentence 1 Unofficial table of contents

§ 112d Hearing of the Disciplinary Board

Before the judge or the executing officer imparts instructions or conditions to a soldier of the Bundeswehr, from the execution of the Jugendarrestes according to § 112c, paragraph 1, or orders a soldier as a probation officer, he shall be the next to the next Listen to the disciplinary action of the young person or adolescent.

Footnote

Fourth part (§ § 112c to 112e): Does not apply in Berlin according to. § 123 sentence 1 Unofficial table of contents

§ 112e Procedure before the courts in charge of general criminal matters

§ § 112a and 112d are to be applied in proceedings against young people or adolescents before the courts in charge of general criminal matters (§ 104).

Footnote

Fourth part (§ § 112c to 112e): Does not apply in Berlin according to. § 123 sentence 1

Fifth Part
Closure and transitional provisions

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Section 113 probation officer

At least one full-time probation officer shall be set up for the district of each youth judge. The investment can be made for several districts or not at all if there would be disproportionately high expenses due to the low number of cases of criminal cases. The details of the work of the probation officer shall be regulated by the Land Act. Unofficial table of contents

Section 114 Imprisonment of imprisonment in the institution for the execution of the juvenile penalty

In the institution for the execution of the juvenile sentence, those convicted who have not yet completed the twenty-fourth year of life and are suitable for the execution of the juvenile justice may also be punishable by imprisonment, according to general Criminal law has been imposed. Unofficial table of contents

§ 115 (omitted)

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Section 116 Time scope

The law shall also apply to misconduct committed prior to its entry into force. Unofficial table of contents

§ § 117 to 120 (omitted)

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Section 121 Transitional provision

(1) For proceedings already pending on 1 January 2008, on the judicial decision on the legality of measures in the execution of juvenile justice, youth and accommodation in a psychiatric hospital or in a The provisions of the Third Section of the Introductory Act to the Law on the Law of the Court of Appeal are to be applied further in their previous version. (2) For procedures which have been brought before the Youth Chamber before 1 January 2012, § 33b (2) is to be applied in the version valid until 31 December 2011. (3) The Public Prosecutor's Office in proceedings in which it is to be decided on the basis of the order of judgment or the subsequent order of safekeeping, the files shall be handed over to the Chairman of the competent court before 1 January 2012, is § 74f of the Court of Justice Act to be applied in accordance with the version valid until 31 December 2011. Unofficial table of contents

§ § 122 to 124 (omitted)

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Section 125 Entry into force

This law will take place on 1 January. October 1953 in force.