Scarica il documento - Dipartimento per la Giustizia Minorile

Dossier
the care of another family or group home. the penal code for minors in Germany is usually
aimed at individuals between 14 and 18 years of age (18 not included), who are defined as
adolescents. individuals between the ages of 18 and 21, defined as “adolescents of legal
age”, bridge the adult and juvenile systems and can be sentenced either in accordance
with the penal code (for adults) or the penal code for minors; the latter is likely to take
place if they demonstrate mental development that does not correspond with their age or
if they have committed a crime that is typical for adolescents.
Minors can be given a custodial; the maximum being, according to the penal code
for minors, 10 years for homicide. the minimum custodial sentence, according to the penal
code for minors, is six months. a discussion about probation is also important in considering
custodial sentences. probation is always a judicial measure in Germany that is based on a
penal process. the penal code for minors, as articulated in its various paragraphs, defines
the legislative framework of probation:
• Paragraph 21 establishes, for example, that the adolescent can only be placed
on probation if the custodial sentence does not exceed 24 months, if one
retains that the minor perceives the sentence as a “lesson”—in regards to not
committing further crimes—and if the minor promises (while under supervision
of an educational nature) to not engage in further criminal behaviour. the
decision to place the minor on probation or not takes into consideration his/
her personality, past, the circumstances surrounding the current offence, his/her
behaviour after committing the offence, and his/her general life conditions.
• Paragraph 22 refers to the time on probation, which usually ranges from at least
two years to a maximum of 3 years.
• Paragraph 23 refers to the judge’s right to give recommendations and requirements
for the minor’s lifestyle while on probation. these can also be given once the minor
is placed on probation and may be modified or suspended at any time.
• Paragraph 25 defines the employment and obligations of probation officers,
specifying that the court has the task of charging the probation officer with
specific cases. the paragraph further specifies that probation officers are
obliged to refer to the court in regards to the lifestyle that the minor should
engage in and eventual failures to comply with the recommendations and
requirements outlined by the judge.
Finally, paragraph 26 regulates the repeal of the conditional suspension of the
sentence. a request for the repeal of probation may be made if the minor does not
respect the judge’s recommendations and dispositions even after meeting with and
being admonished by the probation officer. in this case the probation officer is forced to
inform the court at which point the judge decides what steps to take next. in the case of
recidivism, the prosecutor usually files a new charge against the juvenile with the juvenile
court, thus initiating a new penal procedure. it should be noted that every juvenile that is
placed on probation risk a repeal of their probation status if they commit another crime.
it is however possible that the juvenile is placed on probation again, even if he/she is still
on the initial probation sentence.
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