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

The Permanent Commission for Justice and Human Rights is studying and analysing the Proposal for Regulatory Law on Criminal Responsibility for Minors in the Republic of Equatorial Guinea.

Under the moderation of the senator Silvestre Siale Bileka, the Permanent Commission for Justice and Human Rights began the study and analysis of the Proposal for Regulatory Law on Criminal Responsibility for Minors on 5th September, in order to enrich and improve this legal instrument.

Along those lines, the Permanent Commission overseen by Siale Bileka, assisted by the President Teresa Efua Asangono and the First and Second Vice-Presidents, A�ngel Serafin Seriche Dougan Malabo and Agustin Nze Nfumu, are studying and analysing carefully and exhaustively the proposed law, in order to obtain an enriched improved legal text, in both form and substance.

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, signed by the Republic of Equatorial Guinea with the United Nations.

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.

The legal document which is the object of study and analysis by the commission is made up of an Explanatory Memorandum, 64 articles, four additional provisions, nineteen transitional provisions, a repeal provision and a final provision.

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.

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. The proposal aims to provide the necessary instruments for the family courts and supervision of minors for the judgement of crimes committed by minors.

Source: Senate Press Office

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