Youth Crime Defence Lawyers in Germany

Our team of youth crime defence lawyers in Germany is dedicated to assisting young clients across a broad range of legal issues. We provide legal support in the following areas:

• Juvenile crimes, such as theft and shoplifting, vandalism, drug possession and distribution, assault and physical altercations.
• Cybercrime and online misconduct, including cyberbullying, cyberstalking, online fraud, and sharing explicit images.
• Traffic offences, such as driving without a license, driving under the influence, and reckless driving.

Theft in Germany is one of the most common youth crime offences, ranging from minor shoplifting to more serious property crimes. Under § 242 German Criminal Code (StGB), theft is defined as the unlawful taking of another person’s property with the intent to keep it. However, Jugendstrafrecht (Youth Criminal Law) and thus the Youth Courts Act (Jugendgerichtsgesetz, JGG) apply when minors are involved. Courts consider the offender’s age, maturity, and personal circumstances, often opting for alternative measures rather than severe penalties.

Young defendants may face stricter legal scrutiny in cases of repeated offences or aggravated theft. Our legal team ensures that each case is handled with care, emphasising factors like peer influence, financial hardship, or lack of awareness of legal consequences.

Vandalism occurs when an individual intentionally damages public or private property, such as buildings, vehicles, works of art, or public infrastructure. Under German law, these acts fall under §§ 303 to 305 StGB, which govern property damage and aggravated vandalism. The penalties’ severity depends on the extent of the damage. In some cases, vandalism charges may be linked to additional offences, such as arson or trespassing, which can escalate legal consequences. While minor cases may result in fines or suspended sentences, more serious offences can carry penalties of up to five years in prison.

Drug-related offences among youth are primarily governed by the German Narcotics Act (Betäubungsmittelgesetz, BtMG), which regulates the possession, distribution, and production of controlled substances. While drug offences are taken seriously under German law, cases involving minors are often handled differently, with a focus on rehabilitation rather than severe punishment. Juvenile drug offences typically involve possession of small quantities of illegal substances, distribution among peers, or consumption in public spaces, all of which can lead to legal consequences ranging from warnings to diversion programs or, in serious cases, juvenile detention.

Possession of narcotics without authorisation is a criminal offence under § 29 BtMG, with penalties depending on the type and quantity of the drug. While first-time offenders in minor cases may avoid harsh consequences, repeat offences or involvement in drug trafficking (§ 29a BtMG) can lead to more severe sanctions. Distribution of drugs to other minors is treated particularly seriously, as German law aims to prevent the spread of substance abuse among young people. German courts consider factors such as intent, addiction, and personal circumstances when determining penalties.

Physical assault, or bodily injury (Körperverletzung), occurs when someone deliberately or negligently causes harm to another person. Under §§ 223–229 StGB, this includes anything from minor scuffles to severe attacks resulting in significant injury. Youths may be particularly vulnerable to assault charges in situations where emotions run high, such as school conflicts, sports events, music festivals, or confrontations in public spaces. Even a single push, slap, or punch can legally qualify as assault, and if weapons or dangerous objects are involved, the offence becomes significantly more severe.

A common issue among young offenders is group violence, where multiple individuals participate in or encourage an assault, even passively. This group violence can lead to complicity charges, meaning a person who did not physically harm anyone can still face legal consequences. Additionally, negligent bodily harm can occur when reckless behaviour—such as an unintentional injury during a prank or excessive roughness in sports—leads to harm. Many young people may not fully understand the legal consequences of their actions, making them susceptible to criminal charges that could impact their future.

Sexual offences in Germany encompass a range of crimes that violate an individual’s sexual autonomy and integrity. These offences are taken particularly seriously in Germany, and Jugendstrafrecht applies to cases involving minors as offenders or victims. The severity of the offence, the age of those involved, and the presence of coercion or force all influence how such cases are prosecuted.

Sexual offences under German law include sexual assault (§ 177 StGB), which covers unwanted sexual acts, coercion, or exploitation of a vulnerable person, and rape (§ 177 Abs. 6 StGB), which involves sexual acts committed through violence, threats, or when the victim is incapable of resistance. Sexual abuse of minors (§§ 176–176b StGB) is another serious offence, criminalising any sexual activity involving children under 14, regardless of consent. Possession or distribution of child pornography (§ 184b StGB) is also heavily penalised, with strict laws against the creation, possession, or sharing of such material.

A common legal issue for youths is the sharing of explicit images or videos, also known as “sexting.” Many young people may not realise that possessing or distributing intimate photos of a minor, even with their consent, falls under child pornography laws (§ 184b StGB). Forwarding such content—whether as a joke, out of peer pressure, or as revenge—can lead to severe legal consequences, including criminal charges and a permanent record. Even if the person depicted consented to the creation of the material, its distribution can still be illegal.

Traffic offences committed by young drivers in Germany can have serious legal consequences, particularly when they involve reckless behaviour or violations of key road safety laws. Under § 21 German Road Traffic Act (StVG), driving without a valid driving licence is a criminal offence that can result in fines or even imprisonment, depending on the severity of the case. For juveniles, penalties may include driving bans, traffic safety courses, or participation in educational programs designed to prevent repeat offences.

Driving under the influence of alcohol or drugs is another significant concern among young drivers. Under § 316 StGB, operating a vehicle while intoxicated is a criminal act, and stricter limits apply to novice drivers under Germany’s zero-tolerance alcohol policy. Young offenders caught driving under the influence may face licence suspension, mandatory participation in addiction counselling, or, in more severe cases, juvenile detention. Dangerous driving, including reckless speeding, illegal street racing criminal offences (§ 315d StGB), and causing accidents due to negligence, can result in harsher penalties, particularly if others are injured. When juveniles are involved, courts consider factors such as intent, level of responsibility, and the potential for rehabilitation, often imposing alternative measures rather than immediate custodial sentences.

Germany’s Jugendstrafrecht (Youth Criminal Law) applies to individuals between 14 and 17 years old. At the same time, young adults aged 18 to 20 may also be tried under Jugendstrafrecht if the court determines that they still exhibit the maturity level of a juvenile rather than an adult. This distinction is crucial, as the legal consequences for youth offenders differ significantly from those imposed on adults.

A key component of this system is the role of Jugendhilfe (Youth Welfare Services), which works closely with the court to recommend suitable interventions, such as therapy programs, social services, or specialised training courses. This collaborative approach ensures that young offenders receive the support they need to learn from their mistakes, avoid reoffending, and reintegrate into society successfully.

Our German criminal defence lawyers understand the procedures of a Jugendgericht and are ready to manage your youth crime case with care and pursue the best possible outcomes for our young clients.

Police investigations involving minors require additional care and attention to ensure that their rights are fully protected. Young people in these situations can be in a vulnerable position, especially when they have not come into conflict with law enforcement previously. At Schlun & Elseven Rechtsanwälte, we provide comprehensive legal support for young clients at every stage of the legal process. From the moment a minor faces allegations, our team steps in to ensure their rights are protected. We offer immediate legal representation during police interrogations, safeguarding against coercion and ensuring that all legal safeguards specific to minors are upheld.

Families often feel overwhelmed when faced with youth crime legal proceedings involving their children, and we are here to provide clarity and support every step of the way. Such issues can be multiplied in cases where German is not the first language of the parents involved. Our team advises parents and guardians on the legal process, offering compassionate guidance to help them make informed decisions. By keeping families involved and informed, we foster a collaborative approach that prioritises the minor’s well-being while addressing the legal challenges at hand. Our lawyers advise clients in English as well as German.