Following the Islamist attack at Christopher Street Day in Berlin, the Berlin Senate intends to strengthen protection against terrorism through three changes to the criminal code. This will be pursued via an initiative at the Federal Council to amend the law.
According to Justice Senator Felor Badenberg (CDU), for youths and young adults aged 18 to 21, the default should be that adult criminal law applies, rather than the juvenile system as is often the case. “The principle that a young person, upon reaching adulthood, becomes an equal member of society with full rights and duties, must also apply to criminal law,” the Senate resolution says. Yet, in the area of the most serious crime, roughly 90 percent of cases currently rely on juvenile law. “This does not seem appropriate.”
The Union has been arguing for some time that for those aged 18 to 21, adult criminal law should apply across the board or at least as the strict default. CDU and CSU also called for this in their 2025 electoral program. Proponents of the current law point to recent research showing that brain maturation is not complete at 18, and that applying juvenile law yields lower recidivism rates.
Higher Courts Should Handle Such Cases
In addition, Badenberg argues that in the capital city, politically motivated serious offenses committed by youths and young adults should fall under the jurisdiction of higher courts rather than the juvenile courts, meaning the state security chambers of the regional courts. “These courts regularly deal with terrorist and other state-security proceedings and therefore possess particular experience and expertise in this area.”
Furthermore, a gap in the law governing the distribution of propaganda for terrorist organizations should be closed. To this end, Paragraph 86 of the Penal Code (StGB), which criminalizes the dissemination of propaganda for constitutional and terrorist organizations, should be amended. At present, it is not applicable in all cases.
During the Berlin attack on July 25, the 21-year-old attacker in Tiergarten used a car and a machete to kill a woman and injure 31 people. The Islamist was shot by police the following day.
