When should community mediation be applied to offenders under 18 years of age?
(Baonghean.vn) - Ms. Luong Thi An in Tuong Duong district asked: How is the application of community reconciliation measures for people under 18 years old who commit crimes regulated? Which agency organizes reconciliation?
Reply:
Community reconciliation is a monitoring and educational measure applied to people under 18 years of age who commit crimes and are exempt from criminal liability.
Regulations on applying community reconciliation measures to people under 18 years of age who commit crimes are recorded in Article 94 of the 2015 Penal Code, amended in 2017, specifically as follows:
1. Community reconciliation is applied to people under 18 years of age who commit crimes in the following cases:
a) Persons from 16 to under 18 years of age who commit less serious crimes or serious crimes;
b) Persons from 14 to under 16 years of age who commit very serious crimes as prescribed in Point b, Clause 2, Article 91 of this Code.
2. The investigation agency, the Procuracy or the Court shall coordinate with the People's Committee at the commune level to organize community mediation when the victim or the victim's legal representative has voluntarily reconciled and requested exemption from criminal liability.
3. The person to whom community mediation measures are applied must perform the following obligations:
a) Apologize to the victim and compensate for damages;
b) Obligations specified in Clause 3, Article 93 of this Code.
It can be understood that applying community reconciliation measures to people under 18 years of age who commit crimes is a form of handling with the purpose of deterring and educating people under 18 years of age after the Investigation Agency, the Procuracy, and the Court decide to exempt criminal liability for people under 18 years of age who commit crimes.
