Age of Criminal Liability: Then and Now

Introduction
I. Human Rights and Human Responsibility
II. History and Origin of Juvenile Justice
In general terms, juvenile justice finds its origins in earlier pauper laws, criminal
justice systems, child protection systems, and other elements. Towards the end of feudal
England, authorities developed a range of policies to cope with poverty, which by the
1500s and 1600s included statutory authority to remove children from the custody of
their pauper parents. Children were placed as apprentices with others until the age of
majority, in order to ensure their proper upbringing.

Reformers were equipped by the late 1800s with their expansive vision of children
needing state assistance, the long history of poor laws in intervening in families’ lives, a
modified parens patriae concept to justify broader interventions, as well as a positivist
theory framework. They sought a distinct system for children separate in spirit and reality
from the adult criminal justice system: a paternalistic system that would protect based
upon the individualized interventions of judges.

The convergence of these and other elements led to the creation of the world’s first
juvenile court, and the advent of juvenile justice as a modern institution, in Chicago,
Illinois, in 1899. As many of its components already enjoyed great influence
internationally—child protection and juvenile reform systems, legal positivism, and so on
—juvenile justice systems spread quickly across the United States, Canada, and Europe,
leading to new laws to carry out this mission. Primarily from Europe, juvenile courts
spread to Latin America and many European colonies around the world.

Nonetheless, juvenile justice was not predestined to follow this historical trajectory.
Tanenhaus documents how the abolition of slavery in the United States led by the late
1800s to a sophisticated discourse on children’s rights, which carefully weighed the
balance between liberty and protection rights. Social reformers initially included due
process guarantees in the early administration of dependency cases, but their
understanding of rights soon shifted towards children’s needs and protection rights, and
to states’ obligations to ensure those rights. What might have been an entirely different
starting point for juvenile justice was reverted to a classic welfare approach with little
focus on procedural rights. Moreover, juvenile justice systems evolved and diversified
from their very beginning and into the present—pragmatically adapting structures, rules,
and institutional identity to meet local challenges—such that pure welfare approach
systems may have always been rare.

III. Age of Criminal Responsibility: a definition

Age of Criminal Liability or Responsibility is often used as the following:

 As a definition of the process for dealing with an alleged offender, the range of
ages specifies the exemption of a child from the adult system
of prosecution and punishment. Most states develop special juvenile justice systems
in parallel to the adult criminal justice system. Here, the hearings are essentially
welfare-based and deal with children as in need of compulsory measures of
 treatment and/or care. Children are diverted into this system when they have
committed what would have been an offense as an adult.
 As the physical capacity of a child to commit a crime. Hence, children are
deemed incapable of committing some sexual or other acts requiring abilities of a
more mature quality.

IV. United Nations Convention on the Rights of the Child

Provided in the UN Declaration of Human Rights are the things entitled to every
individual. Yet, these provisions and policies also give limitations due to several circumstances
or conditions. In addition, there exists the UN Convention on Rights of the Child in which
terms are specified for children. This has defined that a ‘child’ must be of 18 years old and
below. It includes their claims regarding their needs as well as privileges. This convention has
adopted what is stated in the Geneva Declaration the Rights of the Child of 1924 and in the
Declaration of the Rights of the Child.
Regarding the criminal age of responsibility, it is said the children are excluded. It is
believed that brought by different aspects such as mental and emotional capacity of children,
they cannot be held liable for any accusations or any crime that they commit. It is indicated
that "the child, by reason of his physical and mental immaturity, needs special safeguards and
care, including appropriate legal protection, before as well as after birth".
The following are the provisions and guarantees that children can enjoy out of some
circumstance like criminal offenses:
Article 40
Sec. 2. To this end, and having regard to the relevant
provisions of international instruments, States Parties shall, in
particular, ensure that:

(a) No child shall be alleged as, be accused of, or recognized

as having infringed the penal law by reason of acts or
omissions that were not prohibited by national or
international law at the time they were committed;

(b) Every child alleged as or accused of having infringed the

penal law has at least the following guarantees:

(i) To be presumed innocent until proven guilty according to

law;

(ii) To be informed promptly and directly of the charges

against him or her, and, if appropriate, through his or her
parents or legal guardians, and to have legal or other
appropriate assistance in the preparation and presentation of
his or her defence;

(iii) To have the matter determined without delay by a

competent, independent and impartial authority or judicial
body in a fair hearing according to law, in the presence of
legal or other appropriate assistance and, unless it is
considered not to be in the best interest of the child, in
particular, taking into account his or her age or situation, his
or her parents or legal guardians;
 (iv) Not to be compelled to give testimony or to confess
guilt; to examine or have examined adverse witnesses and to
obtain the participation and examination of witnesses on his
or her behalf under conditions of equality;

(v) If considered to have infringed the penal law, to have this

decision and any measures imposed in consequence thereof
reviewed by a higher competent, independent and impartial
authority or judicial body according to law;

(vi) To have the free assistance of an interpreter if the child

cannot understand or speak the language used;

(vii) To have his or her privacy fully respected at all stages of

the proceedings.

This declaration presents how the children will be rehabilitated and empowered in case of
disobedience in the penal laws. There must also be establishments or institutions that will be
responsible in the same situation. Primarily, the parents of the children are called to be the
fundamental foundation of their growth and development. They are required to fulfil their all
of the responsibilities in order to maintain not just the child’s condition but as well as the
national peace and order.
Lastly, it is given that the government should set a minimum age of criminal responsibility to
be observed as their juvenile justice system, for the fairness and quick resolution of judicial
and alternative proceedings. At this point, the UN Committee on the Rights of a Child
repeatedly expressed the view that the minimum age of criminal liability should be 12 years,
considering other propositions and opinions.

III. Crimes Related to Children

a. News Articles
b. Statistics and Trends
IV. Age of Criminal Responsibility on Foreign Countries
One of the most contentious issues in juvenile justice policy is determining the minimum
age of criminal responsibility (MACR) (Woodbridge, 1939). There is a large variation
around the world on what the appropriate age is, and even within nations differences
exist depending upon the nature of the crime and the jurisdiction. In Iran the age is
different for each sex, with girls being held responsible at age nine and boys at age
fifteen.

According to Lash (2012), The United Nations, through the Committee on the Rights of
the Child, stated in a 2007 general comment, “Children’s rights in juvenile justice states
that ‘a minimum age of criminal responsibility below the age of 12 years is considered by
the Committee not to be internationally acceptable.’” Despite many years of effort there
is little consensus around this issue.
 In addition, the Child Rights International Networks proposes all the MACRs provided in
countries around the world. They are the following:

Figure 1.

Figure 2.

Malaysia
Malaysia has a dual system of secular and Islamic law, which has resulted in a number of
different minimum ages of responsibility depending on which branch of the law is
applicable.

 Under the Penal Code, a person can be held criminally responsible from the age of 10.
[Penal Code, Article 82. See also Child Act Article 2]
 Under the Syariah Criminal Offences (Federal Territories) Act 1997, Muslim children can
be held criminally responsible from the onset of puberty. [Syariah Criminal Offences
(Federal Territories) Act 1997, Articles 2 and 51]
 Offences under the Internal Security Act can be prosecuted regardless of age. [Essential
(Security Cases) Regulations 1975, Article 3]

Philippines.
No one can be held criminally responsible for an act carried out while under the age of
15. Children aged older than 15 but younger than 18 can only be held criminally
responsible where they have “acted with discernment”. [Republic Act No. 10630, Section
6]

Several Bills were introduced between 2006 and 2013 with a view to lowering the
minimum age of criminal responsibility, but the relevant provisions did not appear in the
version of the Act that entered into force.

Singapore.
Children can be held criminally responsible for offences committed from the age of
seven. Children aged older than seven but younger than 12 cannot be held criminally
responsible unless they have “attained sufficient maturity of understanding to judge the
nature and consequence of [their] conduct on that occasion.” [Penal Code, Sections 82
and 83]

Syria.
A child under the age of 10 at the time of an alleged criminal offence cannot be held
criminally responsible. [Juvenile Act 1974, Article 10 (as amended by Legislative Decree
No. 52 of 2003]

Thailand.
No person can be held criminally responsible for an offence committed while under the
age of seven. A child older than seven but younger than 14 cannot be “punished”, but
can be subjected a number of sentences including detention in a school or place of
training and instruction. [Penal Code, Sections 73 and 74(1)-(5)]

United Arab Emirates.

The minimum age of criminal responsibility under criminal law is seven. Under Shari'a law,
children typically become liable for Islamic punishments at the onset of puberty.

Viet Nam.
A child aged 14 or older can be held criminally responsible for “very serious crimes
intentionally committed or particularly serious crimes”. A child aged 16 or older can be
held criminally responsible for any offence.

Children aged 14 to 18 are classified as “juvenile offenders” if they are convicted of a

criminal offence. [Criminal Code, Articles 12 and 68]

France.
Persons under the age of 18 “able to understand what they are doing” are criminally
responsible for the felonies, misdemeanours or petty offences of which they have been
found guilty, and may be subject to measures of protection, assistance, supervision and
education according to the conditions laid down by specific legislation. There is no
absolute minimum age set at which children become able to be held criminally
responsible, but a child will usually be considered to have “discernment” between the
ages of 8 and 10.

Children aged 13 to 18 years can be criminally sentenced, including to prison terms and
children aged 16 to 18 can in certain circumstances be subjected to adult sentences.
[Criminal Code, Article 122-8; Ministry of Foreign and European Affairs, “Juvenile Justice
in France” May 2008]

Bahamas
Children under the age of 10 cannot be held criminally responsible for any act and a child
under the age of 12 can only be held criminally responsible where he or she has “attained
sufficient maturity of understanding to judge the nature and consequences of [his or her]
conduct in the matter in respect of which [he or she] is accused. [Penal Code, Section
91(1) and (2)]

Brazil
The minimum age of criminal responsibility is formally identified as 18 in the Brazilian
Constitution. If a person is under the age of 18, an alleged criminal offence is considered
an infraction and the person would be subject to “socio-educative measures”.

United States of America

The minimum age of criminal liability is set at the federal and state level in the United
States. At the state level, 33 states set no minimum age of criminal responsibility,
theoretically allowing a child to be sentenced to criminal penalties at any age

Body
I. Republic Act 9344 or the Juvenile Justice and Welfare Act of 2006
Republic Act 9344 or the Juvenile Justice and Welfare Act of 2006

Republic Act No. 9344 or the “Juvenile Justice and Welfare Act” defines the Juvenile
Justice and Welfare System as a system dealing with children at risk and children in
conflict with the law, which provides child-appropriate proceedings, including
programmes and services for prevention, diversion, rehabilitation, re-integration and
aftercare to ensure their normal growth and development. Republic Act 9344, or the
Juvenile Justice and Welfare Act of 2006, was passed by Congress on March 21; it was
signed by President Gloria Macapagal-Arroyo on April 28, and will take effect 15 days
after its publication on May 5.

The law puts forth a comprehensive system for the administration of juvenile justice,
including the rehabilitation of youthful offenders and their reintegration into their
communities, and the prevention of juvenile delinquency. It raises the age of criminal
responsibility to fifteen, from nine as provided in existing laws. A child between 15 and 18
can be charged only if he or she committed the act, knowing that it was a crime. R epublic
Act No. 9344 took 13 years to pass. This was legislated to fulfill (1) its constitutional
obligation to protect children (especially the poor Filipino children who have less in life
and whose infractions are mostly theft; clearly they commit crimes as a desperate
measure to survive), and (2) the nation’s commitment to the Convention on the Rights of
the Child.

The law does not allow children who are 15 years old and below and who
commit crimes to go “scot-free.” What the law provides is a different process for them to
be made accountable. They are not “released” simply because they cannot be criminally
charged; they can be “institutionalized,” a form of deprivation of liberty, for a more
focused intervention and reformation.The law’s mechanisms fall under the general
framework of what children’s rights advocates call “restorative justice,” or one that
presumes that children in conflict with the law are themselves victims. Those children who
come in conflict with the law will undertake what the law calls a “diversion program” that
involves their families, communities, and local barangay officials; detention becomes a
last resort. Children in conflict with the law are victims of circumstances beyond their
control. Dysfunctional families, lack of discipline by responsible persons and society’s
myriad of decisions that perpetuate poverty can push them to bad behavior.

RA 9344 is not only for the benefit of children. The safety of society is its foremost
interest. That is why it prioritizes rehabilitation and not imprisonment. Experience has
shown that the formal criminal justice system can be harmful to children and likely lead
them deeper into criminality. Instead of putting these children in jail together with
hardened criminals, thus jeopardizing their physical and psychological well-being and
development, we should provide them the proper intervention and facilities for their
rehabilitation. RA 9344 was enacted precisely for this purpose.

Among the features of RA 9344 are the following:

 On the rights of children in conflict with the law:
The law begins by laying down the basic principles in the administration of juvenile
justice. Every child in conflict with the law, RA 9344 says, shall have the following rights,
among others: the right not to be subjected to torture or other cruel, inhuman or
degrading treatment or punishment; the right not to be imposed a sentence of capital
punishment or life imprisonment, without the possibility of release; the right not to be
deprived, unlawfully or arbitrarily, of his/her liberty; detention or imprisonment being a
disposition of last resort, and which shall be for the shortest appropriate period of time;
the right to be treated with humanity and respect for the inherent dignity of the person,
and in a manner which takes into account the needs of a person of his/her age; the right
to prompt access to legal and other appropriate assistance; the right to bail and
recognizance, in appropriate cases; the right to have his/her privacy respected fully at all
stages of the proceedings.

Structures for the law’s implementation:

A Juvenile Justice Welfare Council (JJWC) is created under the administrative
supervision of the Department of Justice and to be chaired by the Department of Social
Welfare and Development. Under the supervision of local social welfare officers, the CICL
will undergo a program for diversion which could include the following: written or oral
apology; reparation of damage caused; counseling for the child and his/her family; anger-
management trainings; participation of the CICL in community service.
 On the prevention of juvenile delinquency:
The law talks about the role of the family, the educational system, and the mass
media in the prevention of juvenile delinquency. The law orders local governments to
create Local Councils for the Protection of Children, which will oversee the design and
implementation of a comprehensive plan on delinquency prevention. One percent of the
Internal Revenue Allotment of barangays, municipalities, and cities will be allocated to the
LCPC.
On taking CICL into custody, the law lists the proper procedures for taking a child into
custody. From when a child is taken into custody, the law says, the law enforcement
officer shall explain to the child in simple language why he/she is being placed under
custody and the offense that he/she allegedly committed; properly identify
himself/herself and present proper identification to the child; not use vulgar or profane
words; not sexually harass or abuse the child; not display or use any firearm, weapon,
handcuffs or other instruments of force or restraint, unless necessary and after all other
methods of control are exhausted; immediately and not later than eight hours after
taking the child, turn over the custody of the child to the social welfare and development
office or other accredited NGOs and notify the child’s parents/guardians.

II. Different Proposals of Changing the law ( from 9 yrs. To 12 to 15 )

III. Senate Bill 2026: Proposal of Lowering MACR

Brought by the increasing rate of crimes committed by children, the government of the
Philippines has been alarmed. It lead them to implement a certain act to cease the
proliferation of this condition. The Senate, headed by Sen. Vicente Sotto III, had proposed
a bill aiming to lower the criminal age of liability to 12 years old. They believe that
children are being exploited to enter into a illegal commitment as to the provisions of RA
9344 known as “Juvenile Justice and Welfare Act of 2006” is considered.

Ages younger than fifteen as exemptions are said to be too high based on
international standards. It is mentioned that the UN Committee has expressed their views
about setting the age of criminal liability into 12 years old. "Due to the continuing
challenge in the implementation of RA 9344, as amended, the aforesaid law must be
further amended to lower the minimum age of criminal liability in order to adapt to the
changing times.This bill will finally give clarity to the true intention of the law. The
amendment to the law will institutionalize the criminal liability of teenagers who
committed serious criminal offense," Sotto said.

The proposal has been proven by several videos showing criminal cases where
children below 15 years old are involved. It was done to have some amendments on the
said act. Children at ages 9 to 12 years who committed serious crimes or against the
penal laws will be deemed as neglected children under PD 603 known as Child and Youth
Welfare Code. There’ll be institutions that will shoulder them for recovery called Bahay
Pag-asa. Yet children that are proven to act the crime without discernment will be
exempted from the criminal liability.

The said bill must pass such proceedings in order to fully amend the act and implement
the proposal.
IV. Comparisons between past and present situation
a. Age Limit
b. Conditions
c. Criminal Offenses
d. Existence of Buhay Pag-asa
V. Effects of amending the act
Conclusion
I. Pro’s and Anti’s regarding the amendment ( statements from the senate vs.
CBCP/ CHR)
II. People’s Perceptions (Interview)

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