Warum war CSD-Attentäter auf freiem Fuß? Vorbewährung, Bewährung, Jugendstrafrecht

A suspected Islamist attack on the sidelines of Berlin's Christopher Street Day has raised a question that is almost universally answered incorrectly in the public debate: How could a man already convicted and classified as an Islamist threat have been at large at the time of the attack? The answer lies not in a failure of the justice system, but in the structure of juvenile criminal law and criminal procedure. The suspected perpetrator was a young adult. Whether juvenile or adult criminal law applies to an 18- to 20-year-old defendant is determined by Section 105 of the Juvenile Courts Act (JGG). The decisive factor is either a level of maturity still corresponding to that of a juvenile, or a juvenile offense based on the nature, circumstances, or motives of the act. In practice, this regularly leads to juvenile criminal law for young adults, whose guiding principle, according to Section 2 of the JGG, is rehabilitation, not retribution. The juvenile sentence of one year and ten months, imposed for preparing a serious act of violence endangering the state, falls within the range eligible for suspension. According to Section 21 of the Juvenile Courts Act (JGG), the court suspends a juvenile sentence of up to two years on probation if the prognosis warrants it. However, a crucial point here, which hardly anyone correctly identifies, is that the court did not issue a suspended sentence, but rather a preliminary probation order pursuant to Section 61 of the JGG. It deliberately refrained from making a decision on suspension, reserving it for a later ruling in order to await further developments. Equally important is the separation of two levels. "Potential offender" is a term used in police risk prevention, not a criminal charge. A classification as a potential threat does not automatically create grounds for detention. Deprivation of liberty in criminal proceedings requires a specific offense and grounds for detention according to Sections 112 et seq. of the Code of Criminal Procedure (StPO). Furthermore, the judgment was not yet legally binding; the public prosecutor's office had filed an appeal, and the presumption of innocence applies until the judgment becomes legally binding. With the death of the alleged perpetrator, a procedural obstacle arises; the proceedings are discontinued, and there will no longer be a legally binding conviction for the attack. Equally important is the separation of two levels. The livestream also addresses a second current case in which the suspected perpetrator killed himself, and another person who allegedly accompanied him is under investigation for suspected aiding and abetting. The death of the suspected main perpetrator leads to the dismissal of the proceedings against him pursuant to Section 170 Paragraph 2 of the German Code of Criminal Procedure (StPO), but does not preclude the prosecution of an accomplice. Aiding and abetting under Section 27 of the German Criminal Code (StGB) requires only an intentionally committed unlawful principal offense, not the conviction of the main perpetrator. This principal offense must be established independently in the proceedings against the suspected accomplice, because according to Section 29 of the German Criminal Code (StGB), each participant is punished according to their own guilt, regardless of the guilt of others, and a judgment against a separately prosecuted person is not binding on the court that decides the case later. Reubel Grubwinkler Attorneys at Law is one of the largest law firms in Germany specializing exclusively in criminal defense. Fourteen criminal defense attorneys and a professor of criminal law, over 20,000 completed cases, recognized by Leaders League 2026 and Bloomberg Law 2026, with offices in Munich, Frankfurt am Main, Stuttgart, Freilassing, Eggenfelden, and Bad Kötzting. The firm was founded by Konstantin Grubwinkler, a certified specialist in criminal law. In addition to narcotics and white-collar crime, the firm focuses on defending clients in capital offenses, particularly murder and manslaughter, and has a dedicated team of experts for these areas, as well as for juvenile criminal law. This team includes Thorsten Hein and Marc N. Wandt, who are listed by FOCUS as top criminal defense attorneys. Contact and initial consultation: https://www.rgra.de