Congress moved to lower the minimum age of criminal responsibility
On criminology
There is a move to lower the minimum age of criminal responsibility from 15 years old to
9 years old.
Senator Nancy Binay strongly oppose this move. She said that "as a mother of 9 year old twins, alam ko na sa ganitong edad wala pa silang tamang kakayahan to decide kung ano ang tama at mali".
She further stated that even though we are serious in stopping juvenile crime, lowering the age of criminal responsibility may not be the best way to save children who may have gone astray. (nancy binay)
Hindi po lahat ng bata ay batang-hamog, at kaagad na lang ituturing na delinkwente pag nagkamali. At hindi lahat ng batang nalihis ng landas ay agad na ituturing kriminal.
We are definitely missing the point regarding this issue. These manipulated youth are also victims. We need to strengthen our social systems and not only the penal system.
Hindi dapat na tratuhin na parang mga halang na kriminal ang mga bata. They don't deserve to be condemned by society. They are children. These kids are practically victims of circumstances.
Good point right?
But for the purpose of the incoming criminology licensure examination, please remember the following points:
1. Under R.A. 9344 or the Juvenile Justice And Welfare Act a minor 15 years and below is exempt from criminal liability.
2. Under R.A. 9344 a minor over 15 but below 18 who acted without discernment is exempt from criminal liability.
A minor over 15 but below 18 who acted with discernment shall be subjected to a diversion program.
DISCERNMENT – mental capacity to fully appreciate the consequences of the unlawful act, which is shown by the:
1. manner the crime was committed
2. conduct of the offender after its commission
3. Person Over 9 and Under 15 Acting Without Discernment
NOTE: Such minor must have acted without discernment to be exempt. If with discernment, he is criminally liable.
Presumption: The minor committed the crime without discernment.
4. There is absolute criminal irresponsibility in the case of a minor under 9 years of age.
9 years old.
Senator Nancy Binay strongly oppose this move. She said that "as a mother of 9 year old twins, alam ko na sa ganitong edad wala pa silang tamang kakayahan to decide kung ano ang tama at mali".
She further stated that even though we are serious in stopping juvenile crime, lowering the age of criminal responsibility may not be the best way to save children who may have gone astray. (nancy binay)
Hindi po lahat ng bata ay batang-hamog, at kaagad na lang ituturing na delinkwente pag nagkamali. At hindi lahat ng batang nalihis ng landas ay agad na ituturing kriminal.
We are definitely missing the point regarding this issue. These manipulated youth are also victims. We need to strengthen our social systems and not only the penal system.
Hindi dapat na tratuhin na parang mga halang na kriminal ang mga bata. They don't deserve to be condemned by society. They are children. These kids are practically victims of circumstances.
Good point right?
But for the purpose of the incoming criminology licensure examination, please remember the following points:
1. Under R.A. 9344 or the Juvenile Justice And Welfare Act a minor 15 years and below is exempt from criminal liability.
2. Under R.A. 9344 a minor over 15 but below 18 who acted without discernment is exempt from criminal liability.
A minor over 15 but below 18 who acted with discernment shall be subjected to a diversion program.
DISCERNMENT – mental capacity to fully appreciate the consequences of the unlawful act, which is shown by the:
1. manner the crime was committed
2. conduct of the offender after its commission
3. Person Over 9 and Under 15 Acting Without Discernment
NOTE: Such minor must have acted without discernment to be exempt. If with discernment, he is criminally liable.
Presumption: The minor committed the crime without discernment.
4. There is absolute criminal irresponsibility in the case of a minor under 9 years of age.
Bigwas
Bigwas blog about Criminal law and Procedure, Criminology and Crimes, Philippine Banking and Finance, Insurance and Investment.