The brutal murder of 12-year-old Luise by two young girls in a forest near Freudenberg has shocked Germany. However, the girls are under 14 and therefore not punishable under criminal law. So, how will they be dealt with now?
The fate of the two girls who killed their twelve-year-old friend Luise in a forest in Freudenberg on Saturday will be decided by the Youth Office Siegen-Wittgenstein and ultimately the responsible family court.
Perpetrators are at an unknown location
As already reported, the youth welfare office has taken the twelve and thirteen-year-old perpetrators out of their families and placed them at an unknown location. Normally, the public prosecutor’s office drops the case, as minors in this country are not subject to punishment until the age of 14.
Children can still be held liable
However, in civil law, child perpetrators can still be held liable. Victims and their relatives can claim compensation for pain and suffering as well as damages. In civil law, the age limits are staggered differently. From the age of seven, it may be that the child’s family has to pay for damage caused by the child. Parents are liable if they have violated their duty of supervision.
Youth welfare office examines the family environment
The Youth Office takes over the duty of care for young offenders. In such cases, staff initially examine the family environment. Subsequently, the case workers can order further measures and assistance for upbringing as part of child and youth care. With the help of a family judge, the parents can be deprived of custody of the child who has become delinquent. It is also possible to place the daughter or son in a foster family or in a home.
Perpetrators are psychiatrically assessed
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Following Luise’s violent death in Freudenberg, the two perpetrators will be psychiatrically assessed next. If the expert finds a severe mental disorder, the family judge may order admission to a children’s and youth psychiatric clinic. “Such court-ordered detention is, however, time-limited and is reviewed regularly,” reports criminal defense attorney Burkhard Benecken.
“People get out quickly”
As this placement in a closed institution is not aimed at punishment, but at treating minors, the lawyer says “young people often get out quickly”. And then the question arises of what happens next. “Should they return to their families or live somewhere else permanently?”
According to Benecken, he has seen many juvenile offenders who tend towards violent acts, even as children. Neither the criminal justice system nor the youth welfare offices set limits for them early enough.” Therefore, something has to change in dealing with these problem cases in childhood, he says. “Better therapy and compulsory measures are needed, so that the delinquent feels the consequences of their actions quickly. If there is a great danger from the child offender, there must be a way to lock them up temporarily.”
The case of murdered Jona in Olpe
The case of murdered Jona in Olpe proves how great the difference is in the therapy offered between underage child perpetrators and legally responsible teenagers. In October, a 14-year-old strong teenager strangled his petite classmate. The perpetrator had already been under juvenile supervision for two years, but without success. After the crime, the teenager was transferred to a youth detention center, where he is now being treated. In contrast, the underage perpetrators of Freudenberg may not even face punishment under criminal law.
In conclusion, the case of the Freudenberg perpetrators has caused great public outrage, but it also highlights the need for better measures and treatments for young offenders. The focus should be on prevention and effective interventions to ensure that young offenders do not continue down the path of violence and that victims and their families.
