A Child in Conflict with the Law Is One Who
Model programs have helped families and children by providing them with information. Some programs educate parents on how to raise healthy children. some teach children about the effects of drugs, gangs, sex and weapons; and others aim to express to young people the innate value that they and all others have. All these programmes make young people aware of the fact that their actions have consequences. This is especially important at a time when young people are bombarded with sexual and violent images.20-24 Educational programmes have the underlying intention of promoting hope and creating opportunities for young people. (a) if the child in conflict with the law is not eligible for diversion; Section 10 of the Juvenile Justice (Care and Protection of Children) Act refers to the arrest of a child who would be contrary to the law. (a) The age of criminal responsibility is the age at which a child, aged fifteen (15) years and one (1) day or more, but under eighteen (18) years of age, commits a criminal offence with trial. (n) Article 12. Rights of the child having custody. Whenever medical treatment is required for a physical or mental impairment, require the physician to take immediate steps to provide the child with the necessary and appropriate treatment; (f) Respect and protect the right to privacy at all times, including the use of all necessary measures to promote this right, including the exclusion of the media; and (g) not to take fingerprints or photographs in a degrading and degrading manner during the investigation.
Article 13. Taking custody of a child without a warrant. – The enforcement officer or an individual who takes custody of an illegal child without an arrest warrant must comply with the provisions of §§ 113 § 5, 8 and 9 of the revised Code of Criminal Procedure and immediately hand over the child to the nearest police station. The child is prosecuted in accordance with Article 112 § 7 of the Code of Criminal Procedure. Article 14. Conduct of the initial investigation by the police. – The police officer carrying out the first examination of a child in conflict with the law must do so in the presence of one or both parents, guardian or guardian, or in their absence of the child`s next of kin, the child`s lawyer or a lawyer from the Public Prosecutor`s Office and the local social welfare officer. A representative of a non-governmental organization, religious group or member of the Barangay Council for Child Welfare may be present at the examination in the absence of the parents, guardian, parent or social welfare officer. (a) Section 15. Guidelines for fingerprinting and photographing the child. – The following guidelines must be followed when taking or photographing the child: (a) The child`s fingerprints and photo files must be separated from those of adults and kept confidential.
They may be inspected by law enforcement officials only if this is necessary for the effective performance of their duties and has already been supervised by the court; and (b) fingerprints and photographs will be removed from the records and destroyed: (1) if the proceedings against the child are not initiated or dismissed; or (2) if the child is twenty-one (21) years of age and there is no record that the child committed a crime after reaching the age of eighteen (18). Section 16. Admission report of the social affairs officer. – When taking care of a child in conflict with the law, the social assistance officer assigned to the child immediately conducts a preliminary examination of the child`s background and, in the event of an action brought before the indictment, submits the corresponding admission report to the court. Section 17. A criminal complaint may be filed against a child who is in conflict with the law by filing a complaint with the prosecutor. All criminal acts initiated by complaint or information will be prosecuted under the direction and control of the prosecutor assigned to the court. Requests for the detention of a child drug addict must be submitted in accordance with article 21 of the Rule on Children Charged under Republic Act No.
9165. (n) Article 18. Civil lawsuits. – If a criminal offence is committed against a child that is contrary to the law, the action for recovery of civil liability arising from the alleged offence is governed by article 111 of the revised Code of Criminal Procedure. Section 19. Preliminary examination. – In so far as this is compatible with that rule, the preliminary examination of a child in conflict with the law is subject to Article 112(3) of the revised Code of Criminal Procedure. A specially trained prosecutor is responsible for conducting the investigation, preliminary investigations and prosecutions in the case involving a child in conflict with the law. The child, on the other hand, is assisted by a private lawyer or, if he is not present, a lawyer from the Public Prosecutor`s Office. .