Expert on juvenile crime: Juvenile criminal law for all up to 21

A German youth law expert has called for extending juvenile criminal justice provisions to all individuals under the age of 21, arguing that this approach could help prevent radicalization among young adults. Professor Theresia Höynck, a leading authority in children’s and youth law at the University of Kassel and president of the German Association of Youth Courts and Youth Court Assistants (DVJJ), stated that the current system allows for the application of juvenile sentencing even for those aged 18 to 20, which she believes is both justified and necessary. The discussion around expanding youth criminal law came after the attack on the Berlin Pride parade by Abdel Ballout, who was later identified as one of the perpetrators. According to reports, Ballout was able to remain free despite his involvement in the incident because a court had previously applied juvenile criminal law to him. This decision allowed him to avoid adult prison time, prompting calls from Union politicians for stricter measures against young offenders. Professor Höynck acknowledged the legitimacy of such political debates, emphasizing that the duration of youth criminal law application is a policy choice. She pointed to research showing that parts of the brain responsible for impulse control and consequence assessment continue developing until around age 25. Therefore, she argued, youth criminal law remains a valuable tool for influencing behavior during this critical period of development. While she did not advocate extending juvenile criminal law beyond 25, Höynck suggested that applying it to all individuals up to the age of 21 would be more consistent with current practices. She noted that many young adults today already benefit from juvenile legal protections, including restrictions on gun ownership, driver's licenses, and access to gambling venues. These exceptions, she explained, reflect the broader societal recognition of the unique developmental stage of young people. In response to criticism that allowing juvenile criminal law for 18-year-olds contradicts their right to vote, Höynck emphasized that legal distinctions often exist for specific reasons. She highlighted that while young adults can participate in democratic processes, they still require special considerations in areas involving safety and social responsibility. Interior Minister Alexander Dobrindt of the Christian Social Union (CSU) has pushed for excluding juvenile criminal law from cases involving known extremists, such as Ballout. However, Höynck countered that the focus should remain on the maturity level of the individual rather than on police classifications. She stressed that courts typically have little or no information about such designations, making them unsuitable criteria for determining the appropriate legal framework. Ballout had expressed intentions to travel from Lebanon to Syria to join the Islamic State, seeking training in weapon use. Höynck argued that even those identifying with extremist groups can still be influenced and shaped, making flexible juvenile criminal law an effective tool for intervention. She noted that such cases highlight the importance of balancing public safety concerns with the rehabilitative goals of youth justice. In the case of Ballout, the youth court granted a probationary measure known as “Vorbewährung,” which is available only within the scope of juvenile criminal law. This provision allows for conditional release under supervision, offering a chance for rehabilitation while ensuring community protection. Höynck described how such measures can serve as a bridge between punishment and reform, particularly for individuals whose actions pose potential risks.