What is the punishment for the perpetrator (14)?

The tragic homicide in Aargau fueled the debate about a sharper juvenile justice. Which maximum penalty is possible with minors – and is that enough? 7 questions and answers.

Why are young people punished differently than adults?

While the punishment and re -socialization are in the foreground in adult criminals, juvenile justice law has two goals: the protection and upbringing of children and adolescents.

The reason for this is that personality and brain have not yet been completed in young people, says Gian Ege, assistant professor for criminal law at the University of Zurich. Sanctions and measures attempt to direct the young people to the right train.

What do these sanctions and measures look like?

Most often young criminals are sentenced to a so -called personal performance. This means that you have to make a non -profit work that lasts a maximum of three months depending on your age. Buses are also possible and prison terms for over 15-year-olds. Sometimes it also remains with a reference.

In addition, the judiciary can pronounce various protective measures. This goes from the supervision of the parents to inpatient therapy in a closed facility. Rayon and contact bans are also possible.

From what age can a child be punished?

Youth criminal law applies to children aged 10 and over. Previously, children are not punishable. If a younger child commits a crime, the child and adult protection authority (KESB) can order measures.

What punishment does he threaten Massic perpetrator (14) from Berikon?

Since the girl is not yet 15 years old, the highest possible punishment in the event of a conviction is a maximum of ten -day work, says youth criminal law expert Gian Ege. « If it shows that there is a developmental disorder or mental illness and there is a risk of relapse, protective measure is also possible, » he says. This can last until the perpetrator’s 25th birthday.

What happens to the girl now?

In general, although a prison sentence is only allowed from the age of 15, children from the age of 10 can be taken into custody, says Gian Ege. A prerequisite for this would be an urgent suspicion of crime and, for example, repetition or escape risk. It would also be conceivable that the girl would be placed inpatient to clarify whether it takes a protective measure.

A tightening of youth criminal law will soon come into force. What changes?

The parliament has decided that convicted young people can also be kept after serving a punishment. The custody is possible among young people who have committed a murder between the ages of 16 and 18 and where there is a serious risk that they will murder again. The new provision comes into force on July 1.

For the moment, the new law article is likely to remain a dead letter, says Gian Ege. Because the requirements are formulated in such a way that they could never be fulfilled. Other lawyers also consider the tightening to be feasible.

And now?

The alleged homicide in Berikon AG will heat the discussion about tightening the right to juvenile law. The Zurich SVP national councilor Nina Fehr Düsel demands higher maximum penalties for young criminals in a preliminary prison. The National Council only accepted him – albeit briefly.