NOTES IN JUVENILE JUSTICE SYSTEM

BY: Prof Renor N. Apela

JUVENILE DELINQUENCY
It refers to an anti-social act or behavior that deviates from the normal pattern of rules
and regulations, customs, and culture that society does not accept and which justifies some kind
of punishment or corrective measures. Those persons adjudged to be delinquent under the age
fixed by law are called juvenile delinquents. A delinquent is one whose behavior has brought a
minor or child into repeated conflict with the law.

. CAUSES OF JUVENILE DELINQUENCY:

>>Family
The family is the first and most basic (autonomous) institution in our society, which develops
the child’s potentials in all its many aspects like emotional, intellectual, moral and spiritual, and
physical and social. It is within the family that the child must learn to curb his desires and to
accept rules that defines the time, place and circumstances under which highly personal needs
maybe satisfied in socially acceptable ways. The following are some of the causes why some
children become juvenile delinquents as influence by their own families.
1. the faulty development of the child;
2. lack of parental guidance;
3. lack of love and the instinct of hate or envy due to unfair treatment;
4. parental rejection; and
5. broken home or family.
The family becomes a cause of juvenile delinquency when parents find it hard to balance
their jobs
with their parental and domestic responsibilities and leaving little or no time at all for their
children. Other cited causes are;
a. family disruption due to migration
b. marital discord or family problems
c. nuclear family versus extended family
d. single parenthood
e. most importantly, lack of guidance leads the youth to join bad company or gangs.

The family’s migration to urban areas causes the child to experience a sense of deprivation,
culture
shock, and being prone to be victimized by organized and syndicated crimes, drug addiction,
pornography, and even prostitution.

>> ENVIRONMENT
This is where the child gets most of his influence, especially in his first formative years.
Youth
in the society turns to become delinquent due to companions in a given environment. Our youth
today accused those ahead of them of failure to define how to live with the right values, with
honor and success in a world that is changing too fast for them to understand. Children now
becomes victims of their own environment, their attitudes, manner of dressing, taste, ambition,
and even behaviors are imitated or have been influenced by those anti-social acts recognized in
their environment. Some of the results of a crime-inducing environment are the following;
1. association with criminal groups;
2. alcoholism and drug addiction;
3. impulse of fear;
4. crime-inducing situations that causes criminalistic tendencies; and
5. imitated instinct like selfishness, violence and anti-social wishes.
The environment of a child plays a big role in his development as an individual since it
reflects
on the personality structure of the child. The environment also covers the place where the child
grows up, the people around him, and the conditions both physical, emotional, spiritual plus the
mental set-up of those close to him.

>>POVERTY
Jobless people are poor, thus become susceptible to crime commission since low-income
families
usually take refuge among city relatives who lives in a congested and depressed areas. The
implication of this problem on poverty reflects on the children of poor families whose physical
and
health welfare are being set aside, giving more priority to foods.

>> MASS MEDIA

People nowadays are becoming increasingly aware of the influence of mass media in the
lives of their children. Television, radio, and the press are sources of education, as great or
even greater than the more traditional institutions of the community. The media constitute a
very large national industry, dependent in large part on the patronage of the young. It is
important to examine the collective efforts of this industry on the development of young people,
the values that are being taught by the media; the images of the adult social roles that the youth
sees, and above all, the works done by the media advertising on out youth who became
conspicuous co summers at very early age.

Violent comic cartoons are easily imitated by younger a generation that produces violent
behavior later. Twisted values inculcated into the minds of our youth, manifest violent behavior
later and distorted principles that most often irritating relationship is the usual outcome among
people close to him.

>> POLICE
The police as the first line of defense against crime, must deal with the serious problem of
youth crime. And the importance of this juvenile-police relation should not be taken for granted
or ignore by our law enforcers because they are the juvenile’s first contact with the justice
system.
The police must become a close working partner of other components of criminal justice
system just as it should also be of the juvenile justice system, if real progress is to be made in
this problem. It must be noted that broad field of police-juvenile work is becoming increasingly
important in order to prevent delinquency. The relationship between the police and the youth
should be given tremendous importance and the quality of the relationship should be such that
the youth will be guided toward constructive citizenship instead of causing them to intensify heir
anti-social feeling towards the police.

The proper discharge of police responsibilities should be carried through the following:
1. close observation of places and conditions which may be regarded as breeding places
for
youth crime and delinquency;
2. police should always be in a better position than others to discover the existence of
harmful
influences to children;
3. the police should know who are potential or actual delinquents and recognize who are
victims of abuse and neglect;
4. they should also give emphasis to the public that home is the most vital force in the
prevention of juvenile delinquency.

>> Peers, Companions, and Juvenile Gangs

These group of people interact with the youth in a positive and negative ways. In a negative
outcome of a relationship, the results are problems which are practically derived from different
values, personality structures, and emotional composition of people around the youth. Most
importantly group behavior continues to be the source of delinquent acts.

>> RELIGION
A child’s development usually involves the inculcation of a set of moral belief that lead in
the direction of socially approved behavior. Religion becomes a causative factor in juvenile
delinquency when its traditional role in the area of delinquency prevention fails, much more
when its religious leaders or spokesperson remain un forceful in delinquency problem. When
members of the religious community take an active part in the problem of delinquency behavior
among the youth, with its full blast of support and mobilization, the juvenile problem will be
minimized, if not totally eradicated. Additionally, the religious community can facilitate the
participation of the private sector in the delinquency prevention programs.

>> SCHOOL
The school, unlike the family, is a public instrument for training young people. Hence, the
school is more directly accessible to change through the development of new resources and
policies. And, since it is the principal institutions for the development of a basic commitment to
the goals and values of our society, it is expected that our educational institutions be provided
withy the resources to compete with illegitimate attraction for the youth’s mind. These factors
that creates a gap between institution-child relationship are the following:
1. failure of the school in the character development of the youth;
2. use of methods that create the condition of failure on the part of the students;
3. truancy
4. lack of facilities for curricular and extra-curricular activities
5. absence of proper motivation on the part of the school’s mentors

>> Other Factors

1. unemployment
2. emotional immaturity – when a youth refuse to accept the truth and becomes too
emotional
 in many aspect of his life;
3. too much ego – whether right or wrong, safe or dangerous, permitted or prohibited;
4. psychopath personality – characterize by lack of response, lack of conscience, deficient
feeling of affection towards others, and aggression towards his
environment and other people.

PRESIDENTIAL DECREE NO. 603 - THE CHILD AND YOUTH WELFARE CODE
. Approved by – late Pres. Ferdinand E. Marcos
on – Dec. 10, 1974
Effectivity date – June 10, 1975
The Child and Youth Welfare Code is one of the many special laws enacted by the
government in order to guarantee the following constitutional mandates:

. Art. 11 – Declaration of Principles and State Policies

Section 12
a. recognizing the sanctity of the family life and protecting and strengthening the family as a
basic
autonomous social institution;
b. equally protecting the life of the mother and the unborn from conception, and
c. recognizing the rights and duty of the parents in rearing the youth.
Art. 5 - Commencement of Civil Personality
The civil personality of the child shall commence from the time of his conception, for all
purposes favorable to him, subject to the requirements of Art. 41 of Civil Code.
Section 13
a. recognizing the vital role of the youth in nation-building.
Art. 15
a. recognizing the Filipino family as the foundation of the nation.

. Application of the Code

The Child and Youth Welfare Code shall apply to all persons 18 years of age, as amended
by RA 6809, (an Act lowering the age of majority from 21 to 18) except those emancipated in
accordance
with the law, “child” or “minor” or “youth” as used in this Code shall refer to such person.

. RIGHTS OF THE CHILD

All children shall be entitled to the rights herein set forth without distinction as to legitimacy
or illegitimacy, sex, social status, religious affiliation, political antecedents, and other factors.
. The right to be born well, with the dignity and worth of a human being from the moment of
his
conception.
. The right of a wholesome family life that will provide him with love, care, and
understanding,
guidance and counseling, and moral and material security.
. The right to a well-rounded development of his personality, to the end that he may
become a
happy, useful and active member of the society.

. DUTIES OF PARENTS:
1. to give him affection, companionship and understanding
2. to extend to him the benefits of moral guidance, self-disciplined and religious instruction
3. to inculcate in him the value of industriousness, thrift and self-reliance
4. to supervise his activities including his recreation
5. to provide him with adequate support including;
a. food or sustenance
b. dwelling or shelter
c. clothing
d. medical assistance
e. education and transportation

Parents shall take special care to prevent the child from becoming addicted to
intoxicating drinks, narcotics, smoking, gambling, and other vices or harmful practices.

. Liabilities of Parents
Parents and guardians are responsible for the damage or torts (an injury or wrong done to
another) caused by the child under their parental authority in accordance with the Civil Code.

. Child and Youth Welfare and Community

 Community shall mean, the local government, together with the society of individuals or
institutions, both public and private, in which the child lives. To insure the full enjoyment of the
rights of every child to live in a society that offers or guarantee him safety, health, good moral
environment and facilities for his wholesome growth and development, it shall be the duty of the
community to;
1. to bring about a healthy environment necessary to the formal growth of the children;
2. to help the institutions of learning achieve the fundamental objectives of education;
3. to organize or encourage movements and activities, for the interest of the children and
youth;
4. and, to assist the State in combating and curtailing juvenile delinquency and
rehabilitating wayward children.

. Barangay Councils
Barangay Councils shall have the authority to enact ordinances and resolutions not
inconsistent with the law or municipal ordinances, as may be necessary to provide for the
proper development and welfare of the children in the community, in consultation with
representatives of national agencies concerned with child and youth welfare. Examples of
ordinances or resolutions the barangay can enact;
1. steps to prevent juvenile delinquency and assist parents of children with behavioral
problems;
2. adopt measures for the health of the children;
3. curfew hours, especially for children;
4. recreational or sport facilities to keep them busy.

. Child and Youth Welfare and the SAMAHAN

Samahan as used in this Code, refers to the aggregate of persons or those responsible
persons from various sectors of the community or those working in commercial, industrial, and
agricultural establishment or enterprises whether belonging to labor or management. Some of
the most important duties of the Samahan are the following:

1. to prevent the exploitation of children in any employment or calling;

2. to help out-of-school youth to learn and at the same time to help them look for opportunities
to engage in economic self-sufficient projects.

Art. 17 – Joint Parental Authority

The father and the mother shall exercise jointly just and reasonable parental authority and
responsibility over their legitimate or adopted children. In case of disagreement, the father’s
decision shall prevail unless there is a judicial order to the contrary.

. Parental authority - or the so called patria potestas is the sum total of the rights which
the law grants to the parents over the person and property of their children while they are
minors and unemancipated to facilitate compliance with their duties of support and education,
which are incumbent upon them.

. Parental responsibility - is the sum total of the duties and obligations of parents over
their minor and unemancipated children.

Art. 107 - Employment of Children Below Sixteen Years

Children below sixteen years of age may be employed to perform light work which is not
harmful to their safety, health or normal development and which is not prejudicial to their
studies.

. Special Categories of Children:

. Dependent child - is one who is without a parent, guardian or custodian; or one whose
parents or guardian or other custodian for good cause desires to be relieved of his care and
custody; and is dependent upon the public for support.

. Abandoned child - is one who has no proper parental are or guardianship, or whose
parents or guardians have deserted him for a period of at least six continuous months.

. Neglected child - one whose basic needs have been deliberately unattended or
inadequately attended. Neglect may occur in two ways.
a. There is physical neglect when the child is malnourished, ill clad and without proper
shelter. A child is unattended when left by himself without provisions for his needs and/or
without proper supervision.
b. Emotional neglect - exist when children are maltreated, raped, seduced; when
children are exploited, overworked or made to work under conditions not conducive to good
health; or are made to beg in the streets or public places, or when children are in moral danger,
or exposed to gambling, prostitution and other vices.
Art. 189 – Youthful Offender
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 the
commission of the offense.
A child nine years of age or under at the time of the commission of the offense shall be
exempt from criminal liability and shall be committed to the care of his father or other, or
nearest relative or family friend in the discretion of the court and subject to its supervision. The
same shall be done for
a child over nine years and under fifteen years of age at the time of the commission of the
offense, unless he acted with discernment.

Art. 190 – Physical and Mental Examination

It shall be the duty of the law-enforcement agency concerned to take the youthful offender,
after his apprehension, to any available government medical or health officer in the area for
physical and mental examination. Whenever treatment for any physical or mental defect is
indicated, steps shall be immediately undertaken to provide the same. This examination and
treatment papers shall form part of the record of the case of the youthful offender.

Art. 192 – Suspension of Sentence and Commitment of Youthful Offender

If after hearing the evidence in the proper proceedings, the court should find that the
youthful offender has committed the acts charged against him, the court, shall determine the
imposable penalty, including any civil liability chargeable against him. However, instead o
pronouncing judgment of conviction, the court upon the application of the youthful offender and
if it finds that the best interest of the public as well as that o the offender will be served thereby,
may suspend all further proceedings and commit such minor to the custody or care of the
Department of Social Services and Development or to any training institution operated by the
government or any other responsible person until he shall have reached the age of twenty one ,
or for a shorter period as the court may deem proper, after considering the reports and
recommendations of the Department of Social Services and Development or the government
training institution or responsible person under whose care he has been committed.
The benefits of this article shall not apply to a youthful offender who has once enjoyed a
suspension of sentence under its provision or to one who is convicted for an offense punishable
by death or life imprisonment or to one who is convicted for an offense by the Military Tribunals

Art. 193 - Appeal

The order of the court denying an application for suspension of sentence under the provision
of Art. 192 shall be appeallable.

Art. 195 – Report on Conduct of Child

The Department of Social Welfare or government training institution or individual under
whose care the youthful offender has been committed shall submit to the court every four
months or oftener as may be required to special cases, a written report on the conduct of said
youthful offender as well as the intellectual, physical, moral, social and emotional progress
made upon him.

Art. 196 – Dismissal of the Case

If it is shown to the satisfaction of the court that the youthful offender whose sentence has
been suspended, has behaved properly and has shown his capability to be a useful member of
the community, even before reaching the age of majority, upon recommendation of the DSWD,
it shall dismiss the case and order his final discharge.

Art. 197 – Return of the Youthful Offender to Court

Whenever the youthful offender has been found incorrigible or has willfully failed to comply
with the conditions of his rehabilitation programs, or should his continued stay in the training
institution be inadvisable, he shall be returned to the committing court for the pronouncement of
judgment.

Art. 200 - Records of Proceedings

Where a youthful offender has been charged before any city or provincial judge and the
charges have been ordered dropped, all the records of the case shall be considered as
privileged and may not be disclosed to any one for any purpose whatsoever. “Records” within
the meaning of this article shall include those which may be in the files of the NBI and with any
other government agency which may have been involved in the case.

Art. 201 - Civil Liability of Youthful Offenders

The civil liability for acts committed by a youthful offender shall devolve upon the offender’s
father and, in case of his death or incapacity, upon the mother, or in case of her death or
incapacity, upon the guardian. Civil liability may also be voluntarily assumed by a relative or
family friend of the youthful.
Republic Act 7610 – “SPECIAL PROTECTION OF CHILDREN AGAINST CHILD ABUSE,
EXPLOITATION AND DISCRIMINATION ACT.”
Approved by: Former Pres. Corazon C. Aquino
on: June 17, 1992

Sec. 2 Declaration of State Policy and Principles

It is hereby declared to be the policy of the State to provide special protection to children
from all forms of abuse, neglect, cruelty, exploitation and discrimination, and other conditions
prejudicial to their development; provide sanctions for their commission and carry out a program
for prevention and deterrence of and crisis intervention in situations of child abuse, exploitation
and discrimination. The State shall intervene on behalf of the child when the parent, guardian,
teacher or person having are or custody of the child fails or is unable to protect the child against
abuse, exploitation and discrimination or when such acts against the child are committed by the
said parent, guardian, teacher or person having care and custody of the same.
It shall be the policy of the State to protect and rehabilitate children gravely threatened or
endangered by circumstances which will affect or will affect their survival and normal
development and over which they have no control.

Sec. 3 Definition of Terms -

1. “Children” refers to persons below the age of 18 years or those over but are unable to
fully take care of themselves or protect themselves from abuse, neglect, cruelty, exploitation or
discrimination because of a physical or mental condition;
2. “child abuse” refers to the maltreatment, whether habitual or not, of the child which
includes any of the fallowing:
(a) psychological and physical abuse, neglect, cruelty, sexual abuse and emotional
maltreatment;
(b) any act b7 deeds or words which debases, degrades or demeans the intrinsic
worth and dignity of the child as a human being;
(c) unreasonable deprivation of his basic needs for survival, such as food and
shelter; or
(d) failure to immediately give medical treatment to an injured child resulting in
serious impairment of his growth and development or in his permanent
incapacity or death.
3. “circumstances” which gravely threaten or endanger the survival and normal
development of children include, but not limited to, the following:
(a) being in a community where there is armed conflict or being affected by armed
conflict-related activities.
(b) working under conditions hazardous to life, safety and morals which unduly
interfere
with their normal development;
(c) living in or finding for themselves in the streets or rural areas without the care
of parents, or guardian or any adult supervision needed for their welfare;
(d) being a member of an indigenous cultural community and/or living under
conditions of extreme poverty or in an area which is underdeveloped and/or
lacks or has inadequate access to basic services needed for their welfare;
(e) being a victim of a man-made or natural disaster or calamity.
2. “comprehensive program against child abuse, exploitation and discrimination” refers to
coordinated program of services and facilities to protect children against:
(a) child prostitution and other sexual abuse;
(b) child trafficking;
(c) obscene publications and indecent shows;
(d) other acts of abuse; and
(e) circumstances which threaten or endanger the survival and normal
development of children.

. Section 7 Child Trafficking

Any person who shall engage in trading and dealing with children including, but not
limited to the act of buying and selling of a child for money, or for any other consideration, or
barter, shall suffer the penalty of reclusion temporal to reclusion perpetua. The penalty shall be
imposed in its maximum period when the victim is under twelve years of age.

. Sec. 8 - Attempt to Commit Child Trafficking

(a) When a child travels alone to a foreign country without valid reason and without
clearance issued by the DSWD or written permit or justification from the child’s
parents or guardian;
(b) When a pregnant mother executes an affidavit of consent for adoption for
a consideration;
(c) When a person, agency, establishment or child-caring institution recruits women
or
couples to bear children for purposes of child trafficking;
 (d) When a doctor, hospital or clinic official or employee, nurse, midwife, local civil
registrar or any other person simulates birth for then purpose of child trafficking; or
(e) When a person engages in the act of finding children among low-income families,
Hospitals, clinics, nurseries, day-care centers, or other child-caring institutions who can be
offered for the purpose of child trafficking.

. WORKING CHILDREN

. Section 12 - Employment of Children

Children below fifteen (15) years of age may be employed, Provided, That the following
minimum requirements are present :
1. The employer shall secure for the child a work permit from the Department of Labor
and Employment;
2. The employer shall ensure the protection, health, safety and morals of the child;
3. The employer shall institute measures to prevent exploitation or discrimination taking
into account the system and level of renumeration, and the duration and arrangement
of working time; and
4. The employer shall formulate and implement a continuous program for training and
skill acquisition of the child.

. Sec. 13 - Non-formal Education for Working Children

The Department of Education, Culture and Sports shall promulgate a course design under
its non-formal education program aimed at promoting the intellectual, moral and vocational
efficiency of working children who have not undergone or finished elementary or secondary
education. Such course design shall integrate the learning process deemed most effective
under given circumstances.

. Section 22 – Children as Zones of Peace

Children are hereby declared as Zones of Peace. It shall be the responsibility of the State
and all other sectors concerned to resolve armed conflicts in order to promote the goal of
children as zones of peace. To attain these objectives, the following policies shall be observed:
(a) Children shall not be the object of attack and shall be entitled to special respect. They
shall be protected from any form of threat, assault, torture or other cruel, inhumane or
degrading treatment;
(b) Children shall not be recruited to become members of the Armed Forces, nor be
allowed to take part in the fighting, or used as guides, couriers, or spies;
(c) Delivery of basic social services such as education, primary health and emergency
relief services shall be kept unhampered;
(d) The safety and protection of those who provide services including those involved in
fact-finding missions from both government and non-government institutions shall be
insured. They hall not be subjected to undue harassment in the performance of their
work;
(e) The public infrastructure such as schools, hospitals and rural health units shall not be
utilized for military purposes such as command posts, barracks, detachments, and
supply depots; and
(f) All appropriate steps shall be taken to facilitate the reunion of families temporarily
separated due to armed conflict.

Sec. 27 - Who May File a Complaint

Complaints on cases of unlawful acts committed against children as enumerated herein may
be filed by the following:
(a) Offended party;
(b) Parents or guardian
(c) Ascendant or collateral relative within the third degree of consanguinity;
(d) Officer, social worker or representative of a licensed child-caring institution;
(e) Officer or social worker of the Department of Social Welfare and development;
(f) Barangay Chairman; or
(g) At least three (3) concerned, responsible citizens where the violation occurred.

AN ACT ESTABLISHING A COMPREHENSIVE JUVENILE JUSTICE AND WELFARE

SYSTEM (REPUBLIC ACT 9344)
By : Pres. Gloria M. Arroyo
Approved on : May 4, 2006
Sponsored by : Sen. Francis Pangilinan
Statements:
Upon the affectivity of RA 9344, cases against children 18 years old and below at the time
the crime was committed shall be dismissed. These children shall then be referred to the
appropriate local social welfare and development officer, who will determine whether to release
them to the custody of their parents or have them go through rehabilitation programs.
 The law said that those with suspended sentences and undergoing rehabilitation shall also
be released, unless it is contrary to the best interest of the child. RA 9344 also states that a
“family court shall also determine whether or not continued detention is necessary and if not,
determine appropriate alternatives for detention.
“If detention is necessary and the offender is detained with adults, the court shall
immediately order the transfer of the child to a youth detention home.”
Children who have been convicted and are serving out their sentence shall also benefit from
the retroactive application of the law and be entitled to appropriate treatment provided for under
this law.
RA 9344 exempts children 18 years old and below from criminal liability. They will only be
subjected to an intervention program – a series of activities designed to address issues that
caused the child to commit offense.
Intervention take the form of an individual treatment program that could include counseling,
skills training, education and other activities that will enhance the child’s well-being.
However, children above 15 or below 18 may have to face appropriate proceedings if the
prosecution proves they acted with discernment in committing an offense.
The exemption granted to children, however, does not cover civil liability.
RA 9344 also created a Juvenile Justice and Welfare Council composed of representatives
from various government agencies, which will convene 15 days after this law goes into effect.
The Council, which will be chaired by the Department of Social Welfare and Development will
ensure the effective implementation of RA 9344.

The juvenile justice law also mandates the establishment and strengthening of local councils
for the protection of children, which will be composed of responsible members of the
community, representatives from the youth sector, and the government and private agencies
concerned with the welfare of children.
The local council will serve as the primary agency to coordinate with and assist local
government units on the adoption of a comprehensive plan to prevent delinquency and to
oversee its proper implementation.
One percent of the internal revenue allotment of barangays, municipalities and cities shall be
allocated for the strengthening and implementation of the programs of the local council. Each
local government unit is in charge of disbursing this allocation.
Under RA 9344, media practitioners are ordered to maintain the highest professional
standards in reporting and covering cases of children in conflict with the law. In this part of the
law, it states that; any undue, inappropriate and sensationalized publicity of any case involving a
child in conflict with the law is hereby declared a violation of the child’s rights.
Law enforcers shall refrain from “using vulgar or profane words and from sexually harassing or
abusing, or making sexual advances on the child in conflict with the law.
The law added that law enforcers shall not display any firearm, weapon or handcuffs, unless
necessary in apprehending child offenders.
Another provision of RA 9344 states that law enforcers shall turn over custody of the child
“immediately but not later than eight hours after apprehension” to the Social Welfare and
Development Office or other accredited non-government organizations and notify the child’s
parents or guardians and the public attorney’s office, of the child’s apprehension.
The Social Welfare and Development Office shall then explain to the child and the child’s
parents or guardians, “the consequences of the child’s act with a view towards counseling and
rehabilitation, diversion from the criminal justice system and reparation, if appropriate.”

DEFINED TERMS UNDER RA 9344

. Diversion - refers to an alternative child-appropriate process of determining the responsibility
and treatment of a juvenile in conflict with the law on the basis of his social, cultural, economic,
psychological or educational background without resorting to formal court adjudication.

. Diversion programs – refer to programs that the juvenile in conflict with the law is required to
undergo instead of formal court proceedings.

. Probation – is a disposition alternative under which a juvenile in conflict with the law is
released and permitted to remain in his home after conviction and sentence.

. Discernment – means the mental capacity to understand the difference between right and
wrong and its consequences.

. Restorative Justice – is a principle which requires a process of resolving conflicts with the
maximum involvement of the victim, the offender, and the community. It seeks to obtain
reparation for the victim, reconciliation of the offender, the offended and the community and
reassurance to the offender that he can be reintegrated into society.

. Initial contact – is the apprehension or taking into custody of a juvenile in conflict with the law
by law enforcement officers or private citizens.
 Exemption from criminal liability does not include exemption from civil liability which shall
be enforced in accordance with the provisions Art. 221 of the Family Code.

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