Abstract:
In Poland and Germany, it is well known on the most secure level of academic knowledge that most juvenile criminal acts are minor offences. This study clarifies the different structural roots when dealing with young people who break the law, and uses this information for a critical comparison.
Serious differences appear in the legal shaping and in the organization principles of the juvenile administration of (criminal) justice as various models and legal solutions are discovered.
An analysis concerning the definition of the Petty Offence and methodically laying out its fundamental concerns forms the starting point of the study, before moving on to the different concepts of solving the problem in both countries. At the end, a specific definition of the Petty Offence is developed as far as young people are concerned, which will be usable in the context of this study. Following this, the existing systems of controlling juvenile law are compared. This section forms the main content of the study. Furthermore, the study focuses on the necessity of an intervention into minor delinquency, specifically geared towards the younger generation. The fundamental concerns, the definition and the various forms of diversion as a definitive way of overcoming the problem follow, before dealing with normative basics and the process of its application in Poland and Germany.
All in all, the study should primarily serve as a descriptive analysis of legal structures, which have been discovered, and it should give an insight into the practical conversion. After considering the various legal basics and practical conversion, the further congruence in the reactions particularly stands out. Therefore, the prevailing possibilities of a stay of proceedings amongst juvenile petty crime are used a great deal by legal appellants in both countries.