Scarica il documento - Dipartimento per la Giustizia Minorile

Juvenile probation in Germany
di Hans Gerz e Gunter May
Probation was introduced in Germany penal law in 1951. The probation system reflects
the federal structure of the German State, granting each of the 16 independent regions
in Germany a great deal of managerial autonomy. Hans Gerz and Gunter May are
both experts within the field. They are, beyond their many years of practical experience
in field, both key figures in the German probation system. Hans Gerz is president of
the national association ADB (Arbeitsgemeinschaft Deutscher Bewährungshelfer und
Bewährungshelferinnen), which represents the interests of all probation officers at the
national level while Gunter May is the director of probation services for minors and
young adults in Berlin at the Ministry of Research and Instruction.
The Probation System for Minors
by Hans Gerz
as mentioned, the German criminal justice system has had a probation
component since 1951. the provision and operation of probation is the responsibility
of local justice administrations with most of the decision-making power being granted
to the 16 regions (Bundesländer). the regions are autonomous in the management and
organization of the administration of justice within the region; this federalism is also
reflected in the organization of probation services. each region is free to establish local
laws regulation the management and provision of probation services. this means that
Germany has 16 independent forms of probation both within the adult and juvenile
systems. the only point in common between the 16 regions is represented in the penal
code for minors and penal code for adults, which provide the legislative base for all of
Germany.
The penal code for minors in regards to probation
the legislative frame work for the provision of services during probation is provided
by the penal code for minors. Minors under the age of 14 (refers to the age at the time
of the offence) are defined as “children” and are not punishable under the penal code
for minors. in cases where a minor under the age of 14 commits a crime, the child is
placed under observation by child social services. these offices offer educational support
and decide if it is opportune to remove the child from his/her family and entrust him/her to
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