Focus on juvenile crime: Does Austria need a new system?

Focus on juvenile crime: Does Austria need a new system?

In an explosive exchange at a meeting of the jury court in Innsbruck, the debate about the criminal responsibility of young people was reopened. Public prosecutor Hansjörg Mayr expressed concern that state institutions often act passively and are unable to intervene in a timely manner when children become delinquent. He explained that existing laws in Austria can only recommend educational measures, but cannot mandate them, which leads to an inadequate response to youth crime. The statistics show that although youth crime is falling, the response to it needs to be adapted. Mayr advocated strong daily structures and protective measures similar to those in Switzerland, where criminal responsibility applies from the age of ten and the focus is on protection and education Observer reported.

In Switzerland, young people who become delinquents have the opportunity not only to be punished but also to be supported through various interventions. There, closed and open facilities, instead of prisons, can pursue the goal of rehabilitating young people through stability and structure. Critics, including Patrik Killer, a youth advocate in Switzerland, raise doubts about the lack of flexibility in Austrian legislation and emphasize the need to create regulations that make it possible to take young people out of the usual environment for long periods of time in order to solve their problems. Also those at ORF Tyrol The expressed view that family and social media have a morbid influence on children was highlighted, further fueling the debate on child delinquency and the appropriateness of responses to it.

Penalties for young offenders

The legal framework for punishing young people who act culpably is also a central point in the current debate. In Switzerland, various punishments are set for young people, which are assessed according to the age and severity of the crime. The law allows for no punishment to be imposed in some cases if the consequences of the offenses are serious for the young people themselves. The focus is on education - in addition to reprimands and community service, measures such as personal achievements can be ordered that are intended to have a positive influence on the young person's social behavior. Those under the age of 15 are largely spared from severe punishments in the event of violations, while in more serious cases from the age of 15, the youth court can also order imprisonment for up to four years, an aspect that is critically questioned in the context of the Austrian legal situation.