Pre-trial detention
Criminal defense attorney Munich

Juvenile Criminal Law

Pre-trial Detention

Provisions and Options for Action

For pre-trial detention in juvenile criminal proceedings, certain requirements must be met, as in adult criminal law: First, there must be strong suspicion of a crime; second, there must be a reason for detention. Law enforcement authorities usually cite the risk of escape or obstruction of justice as grounds for detention. Another reason for detention is the risk of reoffending. A special feature of juvenile criminal law is that the legislature sets particularly strict requirements. It considers pre-trial detention a serious intrusion on adolescents, which is why it only provides for this measure in exceptional cases.

The regulations in Juvenile Criminal Law

These restrictions are contained in the Juvenile Court Act (JGG). Section 72 of the Juvenile Criminal Law Act stipulates that proportionality must be carefully considered in light of the considerable burdens placed on juveniles. Priority is given to placement in a residential home and similar measures. This is an important starting point for our firm to help those affected: Our lawyers examine the arrest warrant, which must include the reasons why alternatives are not an option. At the same time, the public prosecutor’s office and the responsible judge must address the issue of proportionality. If this does not comply with the regulations or the facts of the case, we can successfully challenge the arrest warrant in the juvenile criminal proceedings.

An additional limitation deserves attention for all defendants under the age of 16: For this group, stricter requirements apply under juvenile criminal law. The law only permits the imposition of pretrial detention due to a risk of flight if a juvenile has already evaded the proceedings, has made appropriate preparations, or has no permanent residence.

When an arrest warrant is executed: Act carefully

If the authorities use pretrial detention in juvenile criminal proceedings, it is a shock for those affected. It is a profound disruption in their lives and intimidating. Many make the mistake of subsequently allowing themselves to be tempted to make statements without legal representation. These statements can prove fatal in juvenile criminal proceedings. Instead, juveniles should refuse to testify and contact our law firm. We clarify the current situation in discussions with the arrested person, study the investigation file, and thoroughly examine the arrest warrant.

The most important tip in criminal law.

REFUSE TO TESTIFY, CONTACT A LAWYER

The most important tip applies to juvenile criminal law just as it does to general criminal law: Accused persons should not testify. Injudicious statements usually lead to self-incrimination, which greatly complicates the defense’s subsequent work. Instead, those affected should refuse to testify and immediately call H2 Attorneys at Law in Munich. They can be reached 24/7 via the emergency number. Our drug law specialists will consider a prudent litigation strategy. These considerations also include questions such as: Is therapy an option instead of punishment under Section 35 of the Narcotics Act (BtMG)? Can measures of reform and detention be avoided? Is the leniency program under Section 31 of the Narcotics Act (BtMG) suitable?