Underage smokers can be fined

For some it may be the scent of great freedom. Others fear for their health when smokers are around. They have since been banned from the school grounds. Smoking is no longer permitted there.

Legal basis

Children and young people under the age of 18 are generally not allowed to smoke in public. This results from Section 10 of the Youth Protection Act.

In recent years, the individual federal states have passed non-smoking protection laws. Among other things, these laws provide for a ban on smoking in schools and educational institutions (e.g. § 2 Paragraph 1 No. 4a NRauSchG SH). A violation of the smoking ban is an administrative offense and can be fined. Do not expect these laws to be declared unconstitutional one day. The Federal Constitutional Court has already ruled several times that restrictions in the free development of personality through smoking bans are to be accepted in order to protect the health of the other affected persons.

The smoking ban has also been implemented in the school laws of the federal states. This is how Section 4 (10) SchulG SH regulates it Smoking and alcohol ban for all schools in the country. It applies in the school building itself and on the entire school premises and also extends to school events outside the school premises.

As part of the educational mandate, the school is supposed to make an exemplary contribution to enabling students to lead a life without being dependent on addictive substances. Therefore, addictive substances are not only discussed in class. Schoolchildren are also provided free of addictive substances on the school premises.

School penalties

Practical experience in dealing with addictive substances is not a prerequisite for a good grade in biology or social studies classes. If you are caught smoking at school, there are consequences. There is little room for excuses.

The school has to fulfill its educational mandate. For this purpose, the pupils are generally to be encouraged to comply with the law and school regulations. Penalties are imminent for violations.

The school laws of the individual federal states regulate which school penalties and administrative measures can be imposed. But there are no big differences. It can e.g. B. the Exclusion from class to be imposed for a few days. The punishment must be proportionate to the occasion.

Incidentally, the code of criminal procedure does not apply to school sentences. The school sentence is usually not preceded by extensive evidence.

The student has the Possibility to file an objection or to sue. A class conference resolution is an administrative act. However, objection and action have no suspensive effect. The measure will therefore have already been implemented before the opposition was decided. If the pupil has not violated the ban on smoking or if the punishment was lacking, his “honor” can only be restored afterwards.

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