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Youth Courts Law

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Übersetzung durch Chris Pavis und Neil Mussett.

Translation provided by Chris Pavis and Neil Mussett.

© 2009 juris GmbH, Saarbrücken
 

Part I
Scope
Section 1 Scope as to persons and substantive scope
Section 2 Goal of criminal law relating to young people; application of general criminal law
Part II
Youths
First Title
Youth misconduct and its consequences
First Chapter
General provisions
Section 3 Criminal liability
Section 4 Legal classification of acts committed by youths
Section 5 Consequences of youth offences
Section 6 Incidental consequences
Section 7 Measures of reform and prevention
Section 8 Combination of measures and youth penalty
Second Chapter
Supervisory measures
Section 9 Types of measure
Section 10 Instructions
Section 11 Duration of and subsequent amendments to instructions; consequences of failure to comply
Section 12 Supervisory assistance
Third Chapter
Disciplinary measures
Section 13 Types of measure and their application
Section 14 Reprimands
Section 15 Conditions
Section 16 Youth detention
Fourth Chapter
Youth penalty
Section 17 Form and conditions
Section 18 Duration of youth penalty
Section 19 -
Fifth Chapter
Probationary suspension of youth penalty
Section 20 (Deleted)
Section 21 Suspension of sentence
Section 22 Probationary period
Section 23 Instructions and conditions
Section 24 Probationary assistance
Section 25 Appointment and duties of the probation officer
Section 26 Revocation of probationary suspension of sentence
Section 26a Remission of youth penalty
Sixth Chapter
Suspension of imposition of youth penalty
Section 27 Conditions
Section 28 Probationary period
Section 29 Probationary assistance
Section 30 Imposition of youth penalty; spending of sentence
Seventh Chapter
Combination of offences
Section 31 Commission of several offences by a youth
Section 32 Combination of offences committed at different ages and different stages of maturity
Second Title
Constitution and procedure of youth courts
First Chapter
Constitution of youth courts
Section 33 Youth courts
Section 33a
Section 33b
Section 34 Tasks of the youth court judge
Section 35 Lay youth assessors
Section 36 Public prosecutors handling matters involving youths
Section 37 Selection of youth court judges and public prosecutors handling matters involving youths
Section 38 Youth courts assistance service
Second Chapter
Jurisdiction
Section 39 Substantive jurisdiction of the youth court judge
Section 40 Substantive jurisdiction of the lay youth assessors' court
Section 41 Substantive jurisdiction of the youth panel
Section 42 Geographical jurisdiction
Third Chapter
Youth criminal proceedings
First Subchapter
Preliminary proceedings
Section 43 Scope of investigations
Section 44 Questioning the accused
Section 45 Dispensing with prosecution
Section 46 Principal results of the investigations
Second Subchapter
The main proceedings
Section 47 Discontinuation of proceedings by the judge
Section 47a Pre-eminence of the youth courts
Section 48 Exclusion of the public
Section 49 Administering of oath
Section 50 Presence at the main hearing
Section 51 Temporary exclusion of participants
Section 52 Credit for remand detention when calculating youth detention
Section 52a Credit for remand detention when calculating youth penalty
Section 53 Transfer of matters to the family or guardianship judge
Section 54 Grounds for the judgment
Third Subchapter
Legal remedies
Section 55 Contesting decisions
Section 56 Partial enforcement of an aggregate penalty
Fourth Subchapter
Procedure for probationary suspension of youth penalty
Section 57 Decision on suspension
Section 58 Further decisions
Section 59 Contesting decisions
Section 60 Probation plan
Section 61 (Deleted)
Fifth Subchapter
Procedure for suspension of imposition of youth penalty
Section 62 Decisions
Section 63 Contesting decisions
Section 64 Probation plan
Sixth Subchapter
Supplementary decisions
Section 65 Subsequent decisions on instructions and conditions
Section 66 Supplementation of decisions in force for multiple convictions
Seventh Subchapter
Common provisions on procedure
Section 67 Position of the parent or guardian and of the legal representative
Section 68 Compulsory defence counsel
Section 69 Adviser
Section 70 Notifications
Section 71 Preliminary orders on supervision
Section 72 Remand detention
Section 72a Involvement of the youth court assistance service in custody matters
Section 73 Placement for observation purposes
Section 74 Costs and expenses
Eighth Subchapter
Simplified procedure for cases involving youths
Section 75 (Deleted)
Section 76 Conditions for applying the simplified procedure for matters involving youths
Section 77 Rejection of the application
Section 78 Procedure and decision
Ninth Subchapter
Suspension of provisions of general procedural law
Section 79 Penalty order and accelerated procedure
Section 80 Private prosecution and private ancillary prosecution
Section 81 Compensation for the aggrieved person
Third Title
Enforcement and execution
First Chapter
Enforcement
First Subchapter
Status of enforcement and jurisdiction
Section 82 Enforcement officer
Section 83 Decisions in enforcement proceedings
Section 84 Geographical jurisdiction
Section 85 Surrender and transfer of enforcement
Second Subchapter
Youth detention
Section 86 Conversion of detention during leisure time
Section 87 Enforcement of youth detention
Third Subchapter
Youth penalty
Section 88 Suspension of remainder of youth penalty
Section 89 -
Section 89a Interruption and enforcement of youth penalty in combination with imprisonment
Second Chapter
Execution
Section 90 Youth detention
Section 91 Purpose of executing youth penalties
Section 92 Legal recourse in execution of youth detention, youth penalty and placement in a psychiatric hospital or in an institution for withdrawal treatment
Section 93 Remand detention
Section 93a Placement in an institution for withdrawal treatment
Fourth Title
Striking from the criminal record
Sections 94 to 96
Section 97 Striking from the criminal record by judicial instruction
Section 98 Procedure
Section 99 Decision
Section 100 Striking from the criminal record following remission of penalty or of a remainder of penalty
Section 101 Revocation
Fifth Subchapter
Youths brought before courts with jurisdiction for general criminal matters
Section 102 Jurisdiction
Section 103 Joinder of several criminal matters
Section 104 Proceedings against youths
Part III
Young adults
First Chapter
Application of substantive criminal law
Section 105 Application of youth criminal law to young adults
Section 106 Mitigation of general criminal law with regard to young adults; preventive detention
Second Chapter
Constitution of the court and procedure
Section 107 Constitution of the court
Section 108 Jurisdiction
Section 109 Procedure
Third Chapter
Enforcement, execution and striking from the criminal record
Section 110 Enforcement and execution
Section 111 Striking from the criminal record
Fourth Chapter
Young adults appearing in courts with jurisdiction for general criminal matters
Section 112 Application mutatis mutandis
Part Four
Special provisions applicable to soldiers in the Federal Armed Forces
Section 112a Application of youth criminal law
Section 112b Supervisory assistance by the disciplinary officer
Section 112c Enforcement
Section 112d Hearing the disciplinary officer
Section 112e Proceedings before courts with jurisdiction for general criminal matters
Part Five
Concluding and transitional provisions
Section 113 Probation officers
Section 114 Execution of imprisonment in a facility provided for execution of youth penalty
Section 115 Regulations on execution issued by the German Federal Government
Section 116 Temporal application
Section 117 Composition of the court
Section 118
Section 119 Custodial sentences
Section 120 References
Section 121 Transitional provision
Section 122
Section 123 Special provision for Berlin
Section 124 Berlin clause
Section 125 Entry into force