Violent crime in Bad Oeynhausen - Do we want to punish young people more severely? What speaks for it - and what doesn't
In the Kurpark of Bad Oeynhausen – a city in North Rhine-Westphalia – two young men argue with a group of teenagers. One person is severely injured and dies a short time later. According to the police, a 18-year-old is responsible for the murder and has been arrested.
A few days later, the CDU party leader goes into seclusion and calls for German juvenile law to be stricter. The age of criminal responsibility – the point at which juveniles can be held accountable for actions – should be lowered from 14 to 12 years, and all over 18-year-olds should be punished like adults. Is that right?
Controversy after incident in Bad Oeynhausen
The proposal receives support from politicians of various parties as well as – to some extent – from social initiatives.
According to the law, a person is considered incapable of guilt if they are under 14 years old at the time of the offense. However, according to an AfD proposal, German law does not "raise the question of whether a person could be culpable in individual cases" and criticizes this situation. "Criminal law measures do not have to be feared by children in Germany. Children cannot be taken into custody, nor can they be detained preventively."
"Sanctions of juvenile law – instructions, warnings, orders, and juvenile detention" can prevent young people from slipping into a criminal career, as the former FDP fraction leader in the Berlin House of Representatives, Martin Lindner, once put it. Roland Koch, former Minister President of Hessen, demanded that "zero tolerance against violence ... should begin early." According to a petition to the German Bundestag, it is also important to consider that "the protection of victims must be an absolute priority." "The rights of offenders have significantly less weight." For example, it cannot be justified to an victim of a serious crime that they will encounter the offender again after only two years of prison, which were imposed according to the existing juvenile law.
Juvenile law serves education
Opponents emphasize the educational aspect that lies behind the law. It is not about retribution for juveniles as it is in adult criminal law.
The fight against youth crime must be ensured by better coordination between police, prosecutors, youth courts, and youth welfare offices, as the former Federal Minister of Education and Research Annette Schavan (CDU) argues.
Justice Minister Buschmann reminds us that the "Reichsjugendgesetz" of 1943, which lowered the age of criminal responsibility from 14 to 12, was repealed in the Federal Republic because it did not correspond to the basic principles of juvenile law – especially the educational focus.
With a "tough on crime" policy – that is, a stricter punishment – false expectations would be aroused that there would be fewer crimes in the future, according to criminal law professor Wolfgang Heinz from the University of Konstanz.
The goal is "the return to the right path," through "carefully graded reaction possibilities: community service, social training, anti-violence courses," argues Bernd Klippstein, prosecutor in Freiburg and state chairman of the German Association for Juvenile Courts and Juvenile Court Help.
What helps as well? Neither does handling troubled youth like in the Third Reich era, nor can current crimes by minors be completely prevented using existing means. However, we cannot avoid the call for a – cautious – further improvement of existing means.
Criminal lawyer Heinz summarizes what has been argued against leniency in sentencing for decades: "The earlier and more consistent the response to a specific crime type in terms of punishment, the greater the likelihood that the criminal career will be prolonged. Certain purely punitive sanction sequences increase the risk that there will be a third crime, let alone a fourth, by a factor of three."
- Martin Lindner, former FDP fraction leader in the Berlin House of Representatives, believes that sanctions in juvenile law can prevent young people from slipping into a criminal career.
- According to the CDU party leader, German juvenile law should be stricter, with the age of criminal responsibility being lowered from 14 to 12 years and all 18-year-olds being punished like adults.
- Roland Koch, former Minister President of Hesse, demanded that "zero tolerance against violence" should begin early in addressing youth crime.
- The proposal to lower the age of criminal responsibility has garnered support from various parties and social initiatives, but the AfD criticizes the current law for not raising the question of individual culpability.
- Justice Minister Buschmann points out that the "Reichsjugendgesetz" of 1943, which lowered the age of criminal responsibility, was repealed in the Federal Republic due to its lack of alignment with juvenile law's educational focus.
- Criminal law professor Wolfgang Heinz from the University of Konstanz warns against false expectations following a stricter punishment policy, suggesting that fewer crimes will not be the outcome.
- Bernd Klippstein, prosecutor in Freiburg and state chairman of the German Association for Juvenile Courts and Juvenile Court Help, advocates for carefully graded reaction possibilities in addressing youth crime such as community service and anti-violence courses.
- Heinz, a criminal lawyer, has argued against leniency in sentencing for decades, stating that the earlier and more consistent the punishment, the greater the likelihood of preventing a recurrence of criminal behavior.
- The fight against youth crime requires better coordination between police, prosecutors, youth courts, and youth welfare offices, as argued by former Federal Minister of Education and Research Annette Schavan (CDU).
