19-year-old Jenairo H. has been sentenced on appeal to two years of youth detention and youth TBS for killing a youth care worker in Emmen. The court in Leeuwarden rules that trial under juvenile criminal law is most appropriate, despite the seriousness of the case.
At the beginning of 2023, 26-year-old counselor Marit was killed with multiple stab wounds in the Yorneo youth institution by the then 16-year-old H., who lived there at the time, and a fellow resident. The fatal attack took place in the presence of a 15-year-old girl who also stayed at the institution.
The Public Prosecution Service (OM) aimed for trial under adult criminal law. According to the Public Prosecution Service, the seriousness of the violence and the circumstances of the robbery justify a more serious approach. For adults, a TBS measure can in principle be extended indefinitely, while juvenile TBS for minors lasts a maximum of seven years.
Like the court in Assen, the court rejects that reasoning. According to the judges, juvenile criminal law is intended for minors who are still developing. Experts, including behavioral scientists, also recommended that H. be treated according to juvenile criminal law.
The court considers it proven that H., together with a then 19-year-old fellow resident, had planned to steal a safe from the institution. During that attempt, the supervisor was attacked and killed. This constitutes robbery murder.
In addition, the court also charges H. with a robbery of a fast-food restaurant and a failed robbery of a gas station. Both facts took place in the same period. The co-suspect was previously sentenced to six years in prison and TBS with compulsory treatment.
The file shows that the two were part of a youth gang and had been sent out that evening to steal money or goods. The final loot from the institution, a few hundred euros, is in stark contrast to the severity of the violence.
An important element in the criminal case is the psychological condition of the suspect. H. was examined at the Pieter Baan Center, where experts concluded that he suffered from personality disorders. As a result, he is considered to have reduced accountability.
According to the court, this has direct consequences for the sentence. At the same time, the judges emphasize that treatment is necessary to prevent recurrence. Youth TBS is specifically aimed at this: intensive treatment in a closed setting, with the aim of returning to society.
A decisive factor for the court is that H. is still young and can still develop, according to experts. He is now 19 years old, but he is still seen as pedagogically impressionable.
The court also points out that juvenile TBS can be converted into a TBS measure for adults if this proves necessary in the future. This leaves room for a more serious approach if the treatment has insufficient effect.
The death of the young youth care worker had a major impact, both on her relatives and on colleagues and the broader youth care sector. After the incident, employees in closed institutions raised the alarm about their safety and the risks of working with complex, sometimes violent young people. The surviving relatives and other victims will be jointly awarded compensation of more than 110,000 euros.
The ruling underlines the ongoing tension in criminal law between retribution and treatment, especially among young perpetrators of serious violent crimes. Where the Public Prosecution Service emphasizes the seriousness of the offense and the protection of society, the court expressly opts for a process in which treatment and development are central.
With this ruling, the court confirms the line that juvenile criminal law can remain leading, even in the case of very serious crimes committed by minors, provided there is still perspective for change.
