Amendments to Juvenile Offender Provisions

Purpose and policy focus

Presidential Decree No. 1179 clarifies and strengthens youthful-offender provisions that were previously deficient or ambiguous.
It promotes effectiveness in dealing with juvenile delinquency.

Key youthful-offender definition

A youthful offender is a child, minor, or youth, including one who is emancipated in accordance with law, who is over nine years but under eighteen years of age at the time of commission of the offense.
A child nine years of age or under at the time of commission is exempted from criminal liability and is committed to the care of the father or mother, or the nearest relative or family friend, in the discretion of the court and subject to its supervision.
The same commitment rule applies to a child over nine years and under fifteen years of age at the time of commission unless the child acted with discernment, in which case the child is proceeded against under Article 192.
Article 80 of the Revised Penal Code is repealed by the provisions of this Chapter.

Duty to medically examine

Article 190 requires the law-enforcement agency concerned to take a youthful offender, after apprehension, to any available government medical or health officer in the area for a physical and mental examination.
When treatment for any physical or mental defect is indicated, steps must be immediately undertaken to provide such treatment.
The examination and treatment papers must form part of the record of the case of the youthful offender.

Suspension of sentence and commitment

Article 192 directs that, after hearing the evidence, if the court finds the youthful offender committed the acts charged, the court determines the imposable penalty, including any civil liability chargeable against the offender.
Instead of pronouncing judgment of conviction, the court may, upon application of the youthful offender and if it finds that the best interest of the public and that of the offender will be served, suspend all further proceedings and commit the minor to:
- the custody or care of the Department of Social Welfare, or
- any training institution operated by the government, or
- any other responsible person,
  until the offender reaches twenty-one years of age, or for a shorter period as the court may deem proper.
The court’s decision must consider reports and recommendations of the Department of Social Welfare or the government training institution or responsible person under whose care the offender is committed.
Upon receipt of the application for suspension of sentence, the court may require the Department of Social Welfare to prepare and submit a social case study report on the offender and his or her family.
The youthful offender must be subject to visitation and supervision by a representative of the Department of Social Welfare or the government training institution designated by the court, subject to conditions the court prescribes.
The benefits of this article do not apply to a youthful offender who has once enjoyed suspension of sentence under Article 192, or to one convicted of an offense punishable by death or life imprisonment.

Limits on appeal

Under Article 193, the order of the court denying an application for suspension of sentence under Article 192 is not appealable.

Periodic conduct reports

Article 195 requires the Department of Social Welfare (or government training institution or individual under whose care the youthful offender is committed) to submit to the court a written report on conduct and on the youthful offender’s intellectual, physical, moral, social, and emotional progress.
Reports must be submitted every four months or oftener when required in special cases.

Return to court and disposition at 21

Article 197 requires the return of the youthful offender to the committing court if the offender is found incorrigible, has willfully failed to comply with rehabilitation program conditions, or if continued stay in the training institution is inadvisable.
If the youthful offender reaches twenty-one while in commitment, the court must determine whether to:
- dismiss the case in accordance with the next preceding article, or
- pronounce judgment of conviction.
If judgment conviction is pronounced, the convicted offender may apply for probation under Presidential Decree No. 968.
In any case covered by Article 197, the youthful offender must be credited in the service of his or her sentence with full time spent in actual commitment and detection effected under this Chapter.

Confidentiality of records

Under Article 200, where a youthful offender is charged before any city or provincial fiscal or before any municipal judge and the charges are ordered dropped, all records are privileged and may not be disclosed directly or indirectly to anyone for any purpose whatsoever.
Where the court acquits the youthful offender, dismisses the case, or commits the offender to an institution and subsequently releases the offender pursuant to this Chapter:
- the records are privileged and may not be disclosed directly or indirectly to anyone except to determine whether a defendant may:
  - have his sentence suspended under Article 192, or
  - be granted probation under Presidential Decree No. 968, or
  - have civil liability enforced, if civil liability was imposed in the criminal action.
The youthful offender cannot be held under any provision of law to be guilty of perjury or concealment or misrepresentation by reason of failure to acknowledge the case or recite any fact related thereto in response to any inquiry made for any purpose.
“Records” for purposes of Article 200 include records that may be in the files of the National Bureau of Investigation, and with any police department, or any other government agency involved in the case.

Effect of the amendments

Articles 189, 190, 192, 193, 195, 197, and 200 of Presidential Decree No. 603 are amended to adopt the rules on youthful-offender definition, medical examination, suspension of sentence and commitment, appeal limits, conduct reporting, return to court and disposition at age twenty-one, record confidentiality, and related effects.