Jugendgerichtsbarkeit#
Juvenile Penal Law: Austria has a special criminal code for juveniles, which is valid from the Criminal Responsibility, Age of until the age of 19 (Jugendgerichtsgesetz 1988 = juvenile court law, 1988).
There are juvenile courts in Vienna (Jugendgerichtshof), Graz, and
Linz. Criminal proceedings are adapted to the situation of accused
juveniles, and disciplinary measures can be chosen from a broad range
of possibilities, in order to find the most appropriate means of
preventing further offences in each individual case. The imposition of
unconditional penalties is the most extreme of these. Particular
features are: 1) waiver of prosecution with or without a judge´s
warning, 2) closing of the case following satisfactory compensation
for the misdeed out of court, 3) provisional closing of the case for a
trial period or if certain conditions are fulfilled. In addition,
legal dispositions can be made with regard to family or juvenile
welfare (care orders to remove a juvenile from unsatisfactory
surroundings, etc.).
In principle, applicable penalties are half of the maximum amount;
there is no minimum penalty and no life imprisonment sentence. The
juvenile penal system has its own regulations and penal institutions
or units. Information about criminal records is only obtainable under
limited circumstances, and criminal records are erased after a shorter
period of time than for adults. Of special significance are the
ancillary Probation and juvenile court assistance services. The
social workers and psychologists in the latter institution assist the
court, particularly by presenting inquiry material.
Literature#
U. Jesionek and K. Held (eds.), Jugendgerichtsgesetz 1988, 1989.