Study on children's involvement in judicial proceedings : contextual overview for the criminal justice phase : Germany

The criminal judicial system for children victims and witnesses as well as for suspects in Germany can be considered overall as child-friendly and mainly exemplary in taking into account the child's age, physical and mental well-being as well as their educational needs. The protection of child victims is driven by several policy initiatives, legislation and with the support of governmental and non-governmental institutions. Child and adult victims and witnesses enjoy the same rights to a large extent. However, some rights only apply to child victims and some only to victims in general taking into account their particular vulnerability. A child above 14 years of age is only held responsible under the German Criminal Code, when he or she presents a sufficiently mature moral and mental state of development at the time of the offence so that he or she understands the unlawfulness of the offence and is able to act in line with that understanding. The judge can impose supervisory measures (Erziehungsmassregeln), disciplinary measures (Zuchtmittel) and a youth penalty (Jugendstrafe). Regarding child suspects, defendants and offenders the criminal justice system is targeted at the reintegration of the child and at avoiding renewed criminal offences. In order to achieve this goal, the legal approach to youth crime follows primarily an educational concept. Informal sanctions, such as diversion or suspension are imposed as a rule, especially for first-time offenders. Despite the overall good protection of children in criminal proceedings, some gaps have been identified both with respect to child victims/witnesses (e.g., concerning child victims' capacity to testify) and child suspects/offenders (e.g., concerning pre-trial and preventive detention of children).