A law was recently enacted that involves the
most appropriate way to treat children up to 18 years old who violate
the law.
This
law is called the Juvenile Justice Law or RA 9344. It is acknowledged
as the first law in this country which comprehensively protects the
rights of children in conflict with the law.
This
law is significant for different reasons, depending on the stature
of the person affected.
If
you are a parent of a child aged 15 years old and below who is in
conflict with the law, your child cannot be accused of a criminal
offense but he or she will undergo intervention programs designed
by the local social welfare and development council to reform and
rehabilitate the child.
What
will happen if your child is more than 15 years old but below 18?
If the child commits a crime with discernment, he or she may be criminally
charged.
If
the child acted without discernment he or she shall also be criminally
exempt but he or she has to undergo an intervention program.
What
is discernment? It is the mental capacity of the child to distinguish
right from wrong and understand the consequences of his or her actions.
There
are other details of the law which affected parents and the affected
victims have to know.
In
this column, my position is: the system needs to be tested, particularly
in the aspect of lowering crimes committed by children.
Will
the law not encourage adult law breakers to use children in committing
crimes?
The
law may have good intentions, but will it deter crimes or increase
their frequency?
Will
the government be prepared with interventions program that are able
to rehabilitate the child offenders?
I
am sure many of us would be asking these questions as soon as we experience
or observe the effects of the law.
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