RA 9344 Flashcards
Republic Act No. 9344
Juvenile Justice and Welfare Act of 2006
Bail
Security given for the release of the person in custody of the law, furnished by him/her or a bondsman to guarantee his/her appearance before any court.
Best Interest of the Child
Totality of circumstances and conditions which are most congenial to the survival, protection, and feelings of security of the child and most encouraging to the development of the child.
Child at Risk
A child who is vulnerable to and at the risk of committing criminal offense because of personal, family, and social circumstances
Circumstances of children at risk
- being abused
- exploited
- abandoned/neglected
- from a dysfunctional or broken family
- being out of school
- a streetchild
- member of a gang
- living in a community with high levels of criminality and drug abused
- situations w/ armed conflict
Children In Conflict With The Law
A child who is alleged as, accused of, or adjudged as, having committed an offense under PH laws.
Diversion
Alternative, child-appropriate process of determining the responsibility and treatment of a child in conflict with the law on the basis of his/her cultural, social, economic, psychological or educational background w/o resulting to formal court proceedings.
Intervention
Series of activities which are designed to address issued that caused the child to commit an offense. It may include counseling, skills training, education, etc.
Restorative Justice
Principle which requires a process of resolving conflicts with the maximum involvement of the victim, offbder and the community. It seeks to obtain reparation for the victim, reconciliation of the offender, the offended, and the community
Intervention program
A child 15 or under at the time of offense shall be exempt from Crim liability but subject to this program.
Diversion program
A child 15 but under 18 shall be exempt from CL and shall be subject to intervention UNLESS he acted w/ discernment wherein he shall undergo diversion
If the imposable penalty is not more than 6 years and there is a victim of the crime
Diversion shall be before the law enforcement officer or Punong Barangay and shall be in the form of mediation, fam conferencing and conciliation
If the imposable penalty is not more than 6 years but crime is victimless
Diversion shall be conducted by SWDO w/ child and his parents
Detention/Institutionaliztion
Measure of last resort and only for the shortest possible period of time.
If child has reached 18 under suspended sentence, court can:
- discharge the child
- order execution of sentence
- extended the suspended sentence for a period/until 21 yeats
Offenses not applicable to persons below 18
Vagrancy and prostitution
Mendicancy
Snifling Rugby
Rights of Children in Conflict with Law
- not to be subject to torture
- not to be imposed a sentence of capital punishment
- not to be deprived unlawfully of his liberty
- to be treated w humanity
- access to assistance
- respect privacy
- imposed a judgment in proportion to the gravity of offense
Levels of the Intervention program
- Primary - general measures to promote social justice & equal opportunity, tackle root causes of offenses.
- Secondary - measures to assist Children at risk
- Tertiary - measures to avoid unnecessary contact w formal justice system & prevent reoffending
Treatment of Children below 15
- Authority has the duty to immediately release the child to the custody of parents/guardian.
- Authority shall notice to the local SWDO who will determine app programs for child.
- If parents cant b located/refuse, custody can be taken by NGO
- If child referred is abandoned/neglected, petition for involuntary commitment
Procedure for taking child into Custody
- LEO shall explain to child offense & reason for custody.
- After 8 hrs of apprehension, custody is turned over to SWDO/NGO and will explain to child/parents consequences.
- Physical and mental exam
- Child secured in quarters separate w opposite sex & adult offenders
Contract of Diversion
- Conferencing, mediation, conciliation proceedings
- Completed within 45 days
Duty of Punong Barangay when There is No Diversion
PB handling the case shall within 3 days from determination of absence of jurisdiction over case forward the records to the law enforcement officer, prosecutor, or appropriate court.
Duty of LEO when there is no Diversion
Shall forward to prosecutor/jusge concerned for the conduct of PI to determine whether or not the child should remain under custody and correspondingly cuarged with the court.
Factors used in formulating diversion program for child
- Child’s feelings of remorse for the offense
- Parents of legal guardians ability to supervise or guide the child
- The victim’s view ahout the propriety of the measures to be imposed
- Availability of community-based programs
