Berlin Justice Senator Calls for Reform of Juvenile Criminal Law for Serious Crimes

Berlin's Justice Senator Felor Badenberg is pushing to reform the application of juvenile criminal law for young adults, particularly in cases of severe offenses. Following a recent Islamist attack on the sidelines of Christopher Street Day in Berlin, Badenberg stated that juvenile law should only be applied exceptionally and with strong justification for individuals who have reached the age of majority.

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Juvenile criminal law should only be applied exceptionally in particularly justified cases in these constellations.

"The legislator attributes full legal capacity to adults. Moreover, they can participate in the composition of a parliament through the exercise of their right to vote," Badenberg told 'Welt am Sonntag'. She finds it outdated that juvenile criminal law is typically applied to perpetrators under 21, especially in serious criminal cases, and advocates for the regular application of adult criminal law.

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The legislator attributes full legal capacity to adults. Moreover, they can participate in the composition of a parliament through the exercise of their right to vote.

Saxony's Justice Minister Constanze Geiert echoed these sentiments, calling for a reversal of the current practice. "The current regulations often no longer do justice to the reality of serious violent crimes committed by young perpetrators," Geiert said. While acknowledging the importance of rehabilitation, she stressed that it should not prevent necessary and consistent responses from the rule of law or lead to unnecessary bureaucratic hurdles.

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That juvenile criminal law is still applied in the usual way to perpetrators under 21, especially in cases of serious crime, I consider to be outdated.

Geiert proposed that adult criminal law should generally apply to young adults, with juvenile law becoming the exception requiring justification. She rejected proposals to apply adult criminal law only to "dangerous individuals," arguing that a fundamental reform of juvenile law, not limited to specific cases, would be more sustainable. The debate is fueled by the July 25th attack in Berlin's Tiergarten, where a 21-year-old drove a car into pedestrians, killing one and injuring 31, before being shot by police. The perpetrator had previously been arrested upon returning from attempting to join ISIS and received a 22-month suspended juvenile sentence for preparing a serious act of violence.

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The current regulations often no longer do justice to the reality of serious violent crimes committed by young perpetrators.