Q: If a juvenile committed a premeditated murder, would they be tried as a juvenile or as an adult? What would be the penalty in this case?
A: A juvenile is someone who is under the age of 18 at the time of the crime, as per Federal Law 9 of 1976.
Criminal proceedings cannot be carried out against a delinquent who is less than seven years of age, but they are subject to the authority of the courts.
Sanctions for juveniles over seven and less than 16 who commit a criminal offence are left to the judge. Should the juvenile be over 16, the judge would rule according to the law.
However, juveniles are not subject to capital punishment, cannot be sent to an adult prison or face financial sanction.
Article 10 of the penal code stipulates: 1. In cases where an adult would be subject to the death penalty or imprisonment, a juvenile would face a maximum of 10 years in detention. 2. In cases where the adult crime is punishable by imprisonment, the juvenile detention penalty should not exceed half the adult period that was set for the crime. 3. Detention of juveniles will be at locations that provide social care and education.
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