background
Criminal offenses: why children are not brought to justice
Section 19 of the Criminal Code stipulates that anyone under the age of fourteen when committing the crime is incapacitated. photo
© picture alliance / dpa
In Germany, you are only liable to prosecution from the age of 14. Before that, criminal prosecution is not possible. However, an act may still have consequences.
Children under the age of 14 when they commit a crime are considered innocent by law. Because it is assumed that they do not yet have a sufficient overview of the consequences of their actions. Therefore, even if they commit a homicide, children are not prosecuted, cannot be tried, and cannot be convicted.
In sensational cases, therefore, there are often calls for the age of criminal responsibility to be lowered. Even according to the current legal situation, it is not the case that the act has no consequences.
The police are still investigating – for example to clarify what exactly happened and whether older people of criminal responsibility were involved in the crime. The child may be taken to the office and questioned. A search is also possible.
If a criminal complaint is filed, the public prosecutor’s office will always discontinue the proceedings because of the lack of criminal responsibility. However, it checks whether the family court or other bodies such as the youth welfare office need to be notified. The police also informed the youth welfare office.
It’s not about punishment, it’s about support. Which measures are taken depends heavily on the individual case. The child may need psychiatric treatment, possibly in a closed facility. It is also possible that the parents will get help with the upbringing – or that the child will be placed in a child and youth welfare facility, in a home or with a foster family for a while. However, the legal hurdles for separating from the parents against their will are high.