Admissibility of procedural transfer in juvenile criminal proceedings when the defendant changes residence prior to indictment

The Federal Court of Justice (BGH) quashed the order of the Leipzig District Court’s Juvenile Judge to transfer the criminal proceedings to another venue, ruling that the originating court must retain jurisdiction. The dispute concerned the admissibility of a procedural transfer under German Juvenile Court Law, where the lower court sought to move the case because the accused had relocated from Leipzig to Pforzheim. The decisive legal basis was § 42(3) sentence 1 JGG, under which a transfer is impermissible if the defendant changes their place of residence before the formal filing of the indictment; since the move occurred on July 25, 2021, two days prior to the indictment on July 28, 2021, the transfer was void and the original court remained responsible for the investigation and decision.