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Home› Civil Procedure & Administrative Law› OWiG (EN)

Section 98

Enforcement against juveniles and adolescents

(1) If the regulatory fine assessed against a juvenile is not paid after the expiration of the period fixed in accordance with section 95 (1), the youth court judge may, upon request of the execution authority, or if he or she himself is responsible for enforcement, adjudge ex officio that in lieu of a regulatory fine the juvenile

1.  complies with an order to work,

2.  makes restitution to the best of his or her ability for damage caused by the act,

3.  attends traffic classes if a violation of traffic regulations is involved,

4.  performs other specified services,

if granting easier means of payment, collection of the regulatory fine or the ordering of coercive detention is not deemed possible or appropriate. The youth court judge may give the orders in accordance with sentence 1 in combination with each other, and subsequently amend them.

(2) If the juvenile fails to comply with an order in accordance with subsection (1) through his or her own fault, and also fails to pay the regulatory fine, youth detention (section 16 of the Youth Courts Act) may be imposed on him or her if he or she has been instructed accordingly. Youth detention imposed in accordance with this may not exceed one week if a regulatory fining decision has been delivered. Prior to the imposition of youth detention, the juvenile is afforded the opportunity to make an oral statement before the judge.

(3) Youth detention may not be repeatedly imposed in respect of the same amount. The judge refrains from enforcing youth detention if the juvenile on imposition complies with the instruction or pays the regulatory fine. If youth detention has been enforced, the youth court judge may declare entire or partial dismissal of the regulatory fine.

(4) Subsections (1) and (3) also apply to the enforcement of the regulatory fine assessed against an adolescent.

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