Justice: Penalty: When children have to be liable for their actions

From the age of minors can be prosecuted for criminal offenses, the criminal law regulates clearly – but not every criminal offense also has criminal consequences. The term “penalty” is central.

In Germany, at the age of 18, one is considered to be of legal age – that is: educational law and legally independent. However, responsibility can be used in a criminal law. According to Paragraph 19 of the Criminal Code (StGB), the legal penalty is 14 years. Children under the age of 14 are therefore not guilty – even if they commit a serious crime.

But even young people from 14 are not punishable per se. The Youth Court Act (JGG) also requires the so -called “responsibility”. She describes whether a young person is considered ripe enough to recognize the wrong of his deed and be able to act according to this insight. If this is not the case, even a young person can be considered not guilty. The assessment meets the court in individual cases, often based on an expert opinion.

Educational approach instead of a flat -rate law enforcement

The responsibility is central to the pedagogically oriented youth criminal law. It should educate young people (14 to 17 years), not punish. Adolescents (18 to 20 years) can also be treated – depending on maturity and act – according to juvenile justice.

The Federal Ministry of Justice emphasizes the educational approach of youth criminal law. A general lowering of the fream is repeatedly challenged, but experts warn: deterrence alone helps little. Prevention, education and social support are crucial.