The Senate Permanent Commission for Justice and Human Rights, overseen by the senator Silvestre Siale Bileka, is continuing with its analysis of the Proposal for Regulatory Law on Criminal Responsibility for Minors. The Senate intends t legislate on this matter to cover the vacuum identified in the current Penal Code on crimes committed by minors.
In order that the application of the proposed law is in accordance with the current circumstances, in the event that it is approved as law, the members of the Justice Commission are working diligently on this legal instrument, analysing every article.
In addition to studying the content of articles 34 to 39, the members of the commission have debated aspects regarding the suspension of application of the verdict of the sentence, deriving from article 40. This paragraph indicates that the competent judge for the execution of the issued sentence or the representative of the technical team and the public body for the protection of minors may agree to the suspension of the verdict contained in the sentence, when the imposed measure is not greater than two years in length.
There are three conditions that may result in the suspension of the verdict, comprising in not being condemned through a final sentence during the time of the suspension; that the minor assumes the promise to demonstrate an attitude and willingness to return to society; to the extent that the judge may establish the application of a regime of supervised liberty during the period of suspension or the obligation to carry out some socio-educational activity recommended by the public body for the protection or reform of minors.
With regards to this final paragraph, which has led to intense and profound debate, as the senators understand that the minor who has been condemned for a crime must fully complete the sentence, in order not to adulterate the future law, article 40 was put to the vote for removal or rewording, with the final decision to be taken by the Senate plenary session.
Taking into account that laws are drawn up in accordance with obligation to act, the proposal of the Senate with respect to this proposal is to correct the conduct of minors and, furthermore, to allow the family courts and supervision of minors to have a legal instrument to judge minors.
Source: Senate Communication Office