Juvenile offenders

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?