Ist § 105 I JGG noch zeitgemäß? - Eine empirische Untersuchung der richterlichen Praxis im Verhältnis zu neueren politischen und interdisziplinären wissenschaftlichen Tendenzen

[Is § 105 I JGG still up to date? - An Empirical Study of Judicial Practice in Relation to Recent Political and Interdisciplinary Academic Trends]

The appropriate treatment of adolescents under criminal law has been controversial for years and has been the focus of various legal policy discussions and reform efforts. Since the introduction of Section 105 I JGG in 1953, the wording of the standard has remained unchanged to this day. Judicial practice, on the other hand, has changed considerably since its introduction. In the early days of the provision, sentencing under juvenile criminal law was still the exception. In the years that followed, there was a development in favor of the frequency of application of juvenile criminal law. This trend has continued in judicial practice to this day. To this end, § 105 I JGG grants the trial judge considerable discretion. The study is therefore dedicated to the concrete approach of judicial practice with regard to the decision on the application of juvenile or general criminal law.  The criteria used by judges to decide which law to apply and which characteristics are of particular relevance are examined empirically. In particular, the factors of age, gender, marital status, living situation, education and a possible report by the juvenile court assistance are differentiated and discussed.  At the same time, the study is intended to contribute to the clarification of different regional application rates. Finally, the findings of the empirical study in relation to judicial practice will be placed in relation to more recent political trends and reform proposals.