young people under the age of 18 years who are suspected in a criminal case or the accused, should have to FOCUS Online information in the future, significantly more rights to professional defence.
Without a lawyer, no questioning and comparisons
unlike now, you need to in the future from “the first hour” of a lawyer to be represented. If you have defenders with no choice, the state shall place a public defender. This applies at the latest when the police, young people explained to the accused in a method and if you are a youth punishment – probation – threatening. Without law, you are not allowed to be heard in support of the rule, or to be used as a comparison.
first emerged during the main hearing that a youth sentence comes into question and, therefore, the participation of a defence lawyer is necessary, you must start the main hearing Afresh.
Germany to implement until the summer of 2019 European law
This is according to FOCUS-Online-information from a draft of the Federal Ministry of justice. With the corresponding Change in the youth court act, which must be of the Bundestag and the Bundesrat decided, Germany the EU-Directive.
The Reform is designed to take account of the fact that young people have in comparison to adults often have greater difficulty to recognize the importance of criminal proceedings and to understand its processes. Often you don’t know, what is the impact of your Statements to police or prosecutors.
The youth criminal law applies to young people aged between 14 and 17 years of age. Between the age of 18. and the 21. Birthday they are referred to as adolescents. Then a conviction under juvenile criminal law or the adult law. Children up to the age of 14. Years of age are not criminally responsible.
Young offenders are currently no defenders
need to have under the current law young people only in exceptional cases, a defender, for example, if you have a particularly serious criminal Offence is alleged, if the accommodation threatens in a psychiatric institution or if you need to in custody. In all other cases not assisted by a lawyer. Often want, or the parents can’t pay for a defender, so that young people are not left to fend for themselves.
In practice, I sometimes have serious consequences, says the Berlin-based criminal defense attorney Oliver Bartsch: “Under the pressure of the investigation, young people, who perhaps have to do for the first time with the justice to lay that insane confessions and commit mistakes they made with the help of a lawyer.” Bartsch and many of his lawyer colleagues working in the area of juvenile justice, welcomed the planned changes to the law.
youth judge warns against the adoption of the new law
other experts, the reform proposals will encounter harsh criticism, not only because of the expected high cost. Compared to FOCUS Online several lawyers complained that “massive additional burden” for police, prosecutors and the courts. They fear a significant increase in the number of cases where young people need a lawyer.
The new regulation will lead to a much longer process, warns the Berlin youth judge Corinna sat Roth. In your assessment, at least four to six weeks to go “,” into the country, before it can ever come to the first interrogation of the juvenile. So the police would have to check the officers first, if a defender is ordered, then the lawyer files request for inspection and then with his client for advice.
“All of that takes a very long time,” says Sassen Roth, “and the requirement for speed would nullify what the punishment should be carried out in a timely manner to the fact, completely.” Thus, the core idea of the appliance of the juvenile justice system is at serious risk, to educate young people primarily to punish, and so of other actions. Sassen Roth: “In its current Form, the law may not be decided.”
Sentenced to be able to fight hours fight
Sassen, Roth is your opinion, not alone: Several youth prosecutors speak out vehemently against the planned expansion of appeal opportunities for sentenced young people. According to the Ministry of justice the perpetrators should precautions in the future, against Education, or means of Breeding may below to a youth sentence immediately appeal. For example, if you do not fit the duration of the Arrest, the amount of money in circulation or the number of imposed hours of work. So far, this is not possible.
The justification in the draft bill, the “educational value” of a sanction is doubtful if the young people feel the measure as “unjust” and “a Review will be denied”.
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what is the everyday life in Germany’s justice really? What is not to be running around? How is it better? FOCUS Online is the whole 2019, in dishes on the road: There, where normal people fight for their rights. Where spectacular processes to run. Where Germany to redeem his promise must be able to trust to be a legal state, the people. Our reporters speak with judges, prosecutors, defendants, Victims and witnesses.
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Here you will find all of the articles in the court reports.
youth prosecutors disagree and say that the introduction of a possibility to Lodge a Complaint as “completely inappropriate measure”. To make, among other things, because the higher court should only decide according to the documents, without a personal impression of the person Concerned. “Preposterous,” as a country lawyer.
youth court calls for “adequate equipment”
the concern is also the fact that the tasks of the youth court are to help are greatly expanded prepares professionals. Their representatives must, in the future, “should be considered as early as possible” in a method, and “before making a decision for a prosecution to” a detailed assessment of the accused.
So good and useful, the project is also, with the current staff, the work could be handled hardly, in justice circles. In an opinion for the Ministry of the “German Association for juvenile courts and juvenile court assistance requested” as a precautionary measure, the facilities “for the perception to equip their tasks adequately”.
The Katarina Barley (SPD) – led Federal Ministry of justice will be able to ignore the critical voices from relevant organisations and associations. At the Moment we are going to examine the objection “that,” said a spokesperson for the Ministry to FOCUS Online. “We will discuss of course whether Changes will be made.” Time is of the essence. In the next spring, we will submit the new juvenile court law, the Bundestag and the länder chamber. At the latest on 11. June 2019 to come into force.
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