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All Jurisprudence based

0 tracked cards Criminal Law

Two scenarios involving theft by a minor: (A) A 13-year-old steals a laptop from a classroom and is caught by a teacher; the act is non-violent and the school authorities initiate welfare measures rather than criminal proceedings. (B) A 16-year-old steals the same laptop from a classmate after slight resistance; the incident is referred to the Juvenile Justice and Welfare Board for disposition. Under Republic Act No. 9344, Sec. 6, as amended, which statement best describes their liability and the applicable proceedings/dispositions? Identify the controlling doctrine and apply it to each age scenario.

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The 13-year-old has no criminal liability and no criminal proceedings; the 16-year-old, as a child in conflict with the law, shall be processed under the Juvenile Justice and Welfare Act with non-custodial dispositions (diversion, counseling, restitution, or community service), imprisonment not being the default remedy. The 13-year-old is criminally liable for theft and may be charged in a regular criminal court; the 16-year-old would also be charged in a regular criminal court and may be imprisoned if found guilty. The 13-year-old’s case is referred to the Department of Social Welfare and Development (DSWD) for protective welfare measures; the 16-year-old’s case is disposed of by the Juvenile Court, with non-custodial dispositions; imprisonment is never allowed for minors under RA 9344. The 13-year-old’s case will be dismissed and the incident will not appear in the records; the 16-year-old’s case will be disposed of as a non-custodial measure by the Juvenile Court.

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