Main tasks and practical skills:
- When deciding a penalty imposed on a juvenile offender, the Judge should perform as follows
- The Judge should determine a penalty that corresponds to the nature and seriousness of the offence committed by the juvenile;
- Where the juvenile offender is of the age of full 16 to less than 18, the penalty imposed on them shall be equal to three quarters of the penalty applicable to an adult offender, as provided in Point (a) of this Sub-section 11.1;
- Where the juvenile offender is of the age of full 14 to less than 16, the penalty imposed on them shall be equal to half of the penalty applicable to an adult offender, as provided in Point a of this Sub-section 11.1;
- For example: A is a juvenile offender who committed “the offence of narcotics trafficking” under Item 3 of Article 194 of the Penal Code, with a punishment framework of imprisonment of 15 to 20 years. First, the Judge must consider the position as if A were an adult offender. Because there were many mitigating factors in A’s case, the Judge shall apply Article 47 of the Penal Code and give them a sentence of 12-year imprisonment, on the assumption that A was an adult offender. Because A is actually a juvenile offender, the penalty imposed on them shall be 9-year imprisonment (three fourth of 12-year imprisonment) if they are of the age of full 16 to less than 18, and a 6-year imprisonment (half of 12-year imprisonment) if they are of the age of full 14 to less than 16.
- When deciding a penalty imposed on a juvenile offender, it is necessary to distinguish that:
- Where a penalty imposed on a juvenile offender is decided according to this Sub-Section 11.1 and the penalty is lower than the minimum penalty of termed imprisonment (three months), the Judge should apply such lower penalty and shall not apply termed imprisonment of less than three months.
- Where a penalty imposed on a juvenile offender is decided according to this Sub-Section 11.1 and the penalty’s remainder dates cannot be rounded up to one month, the Judge should apply the penalty which has been rounded by month.
|
