Study of the Proposal for Regulatory Law on Criminal Responsibility for Minors continues

The Senate Permanent Commission for Justice and Human Rights continued its work on 19th September regarding the study and analysis of the Proposed Law Governing the Criminal Responsibility of Minors in the Republic of Equatorial Guinea.

To enrich and improve the proposed law governing the criminal responsibility of minors in the Republic of Equatorial Guinea, in order to obtain an enriched improved legal text, both in form and substance, is the aim of the meetings that have been held since 5th September by the members of the Permanent Commission for Justice and Human Rights.

To that end, the members of the commission have presented their necessary fruitful and adequate contributions, together with amendments, taking into account the current situation in the country in the area of juvenile delinquency and the Convention on Children’s Rights, signed by the Republic of Equatorial Guinea with the United Nations.

Precisely in the amendments section, the two sub-commissions tasked with reducing from nine to one and a half pages the text outlining the reasons for the proposed Law Governing the Criminal Responsibility of Minors, taking into account the fact that the majority of its content is covered in the outline of this legal instrument, and with a view to facing the debates on the agenda which is the subject of the many commission meetings, have presented the work of rewording to the Permanent Commission for Justice and Human Rights.

The reworded document of the outline of the reasons for the proposed law was revised and agreed upon by members of the Commission, finalising details which are soon to be submitted for consideration by the Senate table, for subsequent ratification.

The study and analysis of this legal instrument arose as a result of observing the legal vacuum within the Penal Code in relation to cases brought against minors of sixteen years old, with approval in cases where it is deemed appropriate to refer to the higher courts. The intention is thus to demand criminal responsibility for minors, and provide the family courts and supervision of minors the powers to judge crimes committed by them, and to apply regulations applicable for the compliance of measures and sentences applied.

Along these lines, the Permanent Commission for Justice and Human Rights, overseen by the senator Silvestre Siale Bileka, assisted by the President of the institution Teresa Efua Asangono, and the First and Second Vice-Presidents, A�ngel Serafin Seriche Dougan Malabo and Agustin Nze Nfumu, are studying and analysing the proposal fully and in fine detail. To do that, the members of the commission are presenting the necessary fruitful and adequate contributions, together with amendments, taking into account the current situation in the country in the area of juvenile delinquency and the Convention on Children’s Rights.

The proposed law arose through the initiative of the PDGE parliamentary group in the Senate, in order to cover the legal vacuum in the current Penal Code on the regulation of this issue.

Its outline of reasons states that its enactment is due to the need imposed by that set out in organic law number 5/2009, dated 18th May, reforming organic law number 10/1984, regulating judicial power, which states in chapter 6, articles 54, 55, 56 and 57, the creation, functions and scope of the family courts and supervision of minors in the Republic of Equatorial Guinea for the judgement of crimes committed by minors.

The organic law sets out a flexible judicial framework so that courts dealing with minors can determine the measures applicable to them, with regards to criminal actions, based above all on an evaluation of the interests of the minor, with minors taken as those persons between twelve and sixteen years of age.

Source: Senate Press Office

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