Saxony plans to hold 12- and 13-year-olds more accountable for crimes than is currently possible. This comes as a response to a proposal submitted to the State Ministries of Justice, which addresses the increasing frequency of serious violent offenses committed by minors.
Constanze Geiert, the Saxon Minister of Justice (CDU), stated that the rise in serious violence perpetrated by children who are not yet legally criminally responsible requires a critical review and potential strengthening of existing legal instruments. She emphasized the need for better coordination between the justice system, youth welfare services, parents, and the police to enable timely and effective reactions. Geiert proposed instituting a “responsibility procedure” for minors to adequately address the increase in severe violence.
Under this proposed procedure, allegedly delinquent children, their parents, the public prosecutor’s office, youth justice support services, and other stakeholders would be gathered. Geiert noted that the goal is for the process to feel akin to a criminal trial, even though it is not one. Key elements from youth criminal law could then be applied to children as young as 12 and 13. According to Geiert, the state should not wait until problematic developments are solidified; instead, the aim must be to better protect children, prevent escalations early on, and stop criminal careers from ever starting.
The legislative proposal criticizes the existing lack of effective measures against growing violence committed by young people. Consequently, Saxony seeks to examine whether the current legal framework is suitable for responding to increasing rates of juvenile violence. Furthermore, the document requests Minister of Justice Stefanie Hubig (SPD) to study whether the current range of interventions is adequate and sufficient to combat juvenile crime, and if not, to suggest alternative courses of action.
However, the German Children’s Aid Foundation has strongly rejected this push. Anne Lütkes, the foundation’s president, rejected both a lowering of the age of criminal liability and the possibility of court proceedings with limited sanctions for children under 14.
From a developmental psychology perspective, the foundation argues that the stage of development for children under 14 opposes lowering the criminal age, as current criminal law does not provide suitable responses for this age group. Lütkes further clarified that setting the threshold at 14 does not mean the state will be inactive. Under current law, the youth welfare office or a family court can already mandate protective measures or place children in institutional care as a last resort.
Instead, Lütkes advocates for increased investment in the infrastructure of children’s and youth welfare services and the judiciary. According to her, effective intervention in juvenile delinquency should occur not in criminal settings, but within pedagogical frameworks focused on relationships and education.
