HANSE STRAFRECHT
Attorney Elger-Günther working on a file at the defence table in her robe, photographed from above.

Juvenile criminal law

Investigation discontinued: attempted theft

Discontinuation at the investigation stage

Juvenile criminal law

What had happened? The client was suspected of having aided a case of aggravated theft by helping the main suspect to secure the loot. The proceedings were discontinued under sect. 47 JGG (German Juvenile Courts Act) subject to the payment of a small sum of 200 euros. This spared the client a main hearing and brought the proceedings to an end.

Discontinuation under section 47 JGG

In juvenile proceedings the court may discontinue the case under section 47 JGG where an educational measure has already been carried out or set in motion and a conviction does not appear necessary. The prosecution must consent. Section 45 JGG allows the prosecution itself to refrain from pursuing the matter at an earlier stage.

Such a discontinuation is not a conviction. It is not entered as a previous conviction in the Führungszeugnis, the certificate of conduct, but only noted in the educational register.

Features of juvenile criminal proceedings

The Juvenile Courts Act applies to young people aged 14 to 17 and, under the conditions of section 105 JGG, also to young adults up to the age of 20. The guiding idea is education rather than retribution. The Act therefore provides for educational measures, disciplinary measures and only as a last resort a juvenile sentence.

The juvenile court assistance service accompanies the proceedings, reports on the young person's circumstances and comments on suitable measures. Hearings are generally not held in public. Those with parental responsibility take part in the proceedings.

What a monetary condition is in law

A monetary condition is not a fine. It is a condition imposed instead of a penalty, often as a payment to a charitable organisation. If the condition is met, the discontinuation stands.

Because no conviction is handed down, no previous conviction is recorded. This is general information on criminal proceedings and does not replace advice on an individual case.

Provisions: § 47 JGG

The proceedings described here have been concluded. The outcome of any case always depends on its individual circumstances.

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