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Shvoong Home>Law & Politics>Criminal Law>RA 9344 YOUTHFUL OFENDERS Summary

RA 9344 YOUTHFUL OFENDERS

Article Summary   by:fallenfromheaven     Original Author: fallenfromheaven
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CHILD IN CONFLICT IN LAW..TROUBLED? The Legislative Branch of the Philippine Government have passed a law regarding the children age ranging from 15-18 who have committed a crime. Sad but true, Filipino children nowadays are more aggressive in their actions up to the point that they have opted to do somethings which is sometime is prohibited by the law. There are valid factors which maybe the reason why they committed such, present social situation, things that happen in his surroundings such as his parents influences, his relatives, neighbors, his peers and the thing he see or observed in t.v. or in movies. It is quite disturbing that such thing may now happen. This is the reason why our government has considered in making the law regarding children in conflict with law as they are so called because they still view that children at such is not completely whole in his discernment, that some possible external things intervened with him that push him to commit a crime.But such law is not completely good in its nature. It also has some flaws in it. One of its flaws is that although it is acceptable that children who committed a certain crime in the age of 9 years and below is completely exempted from criminal liability, children who committed a crime at the age of 15 and below and 15-18 is different. Why? it is because viewing the existing conditions in our society, children on such ages may have the complete or partial knowledge in what they are doing because in such age they have already coming in the stage of maturity, already wondering and questioning and exploring everything they want to know in any means available to them so how come a boy for example who at the age of 16 raped a girl is exempt from the crime he committed when it is obvious that he know what he is doing? Another flaw of said law is that it fails to also have a rehabilitation to the victims themselves.
In a crime, not only the accused is the one who suffered from it by means of his conscience and shame brought about it and the penalty imposed to him if any, but also the victims suffered from it because originally they are the one who incur the damage. Therefore, the government should have to make a somewhat Rehabilitation Program, wherein the accused should meet the offended party in order for the two of them to see the reasons of both sides, feel each others feeling and understand what each of them is going through. With this, there might be a possibility that both of them will have a closure, forgiveness given by the victim to the accused and the accused extending his sorry to the victim and the possibility of never doing a crime again. Children now are more influenced by what they see, hear and learn from things. We cannot blame them because it is what the world now but it would be a lot more better if we help them learn from it by not letting them do it in the first place.
Published: March 08, 2008   
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  1. 1. pro-children

    Comment on Summary of RA 9344

    i don't think d rehab program for minor offenders and victims u have in mind is possible especially on rape cases. Yes, they both need rehab but separate program. To remind u, law for child victim is RA 7610 where rehab is among its provisions.

    0 Rating Wednesday, July 27, 2011
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