Abstract:
Juvenile penal sanctions are intended for education and/or deterrence. Neither does work. Alternative reactions on the occasion of a criminal act therefore ought to be discharged from the expectation of unattainable effects, oriented on the delinquent activity instead of the personality of the actor, and first of all concentrated on the reduction of harmful effects of sanctioning. The most obvious conse- quence even of criminal damages is the restitution of the caused harm. Although the legal prerequisits for the use of restitution are well elaborated in the German Juvenile Penal Law, juvenile courts and prosecutors are neglecting this instrument. This is different especially in the USA. What shall we do?