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Philippine College of Criminology

641 Sales Street in Sta. Cruz, Manila

Prepared By Lover D. Madrilejos Masteral Student

Submitted to: Dr. Ernesto Guttierez Professor Diversion Program Invaded in Republic Act 9344

diversion programs are also designed to ameliorate the problem of overburdened juvenile courts and overcrowded corrections institutions (including detention facilities). . In part. However. the child shall be subjected to an intervention program pursuant to Section 20 of this Act. A child above fifteen (15) years but below eighteen (18) years of age shall likewise be exempt from criminal liability and be subjected to an intervention program. Minimum Age of Criminal Responsibility. which shall be enforced in accordance with existing laws. 9344 SEC.A child fifteen (15) years of age or under at the time of the commission of the offense shall be exempt from criminal liability. The basis of the diversion argument is that courts may inadvertently stigmatize some youth for having committed relatively petty acts that might best be handled outside the formal system. so that courts and institutions can focus on more serious offenders. CHAPTER 2 Diversion Program . or channel out. The concept of diversion is based on the theory that processing certain youth through the juvenile justice system may do more harm than good. unless he/she has acted with discernment. such child shall be subjected to the appropriate proceedings in accordance with this Act.Diversion Programs: An Overview Diversion is "an attempt to divert. The exemption from criminal liability herein established does not include exemption from civil liability. youthful offenders from the juvenile justice system“. in which case. 6. Republic Act No.

the following diversion programs may be agreed upon.SEC. 31. (8) Participation in available community-based programs. 23. SEC. (6) Counseling for the child in conflict with the law and the child's family. .Diversion may be conducted at the Katarungang Pambarangay. (3) Indemnification for consequential damages. .Children in conflict with the law shall undergo diversion programs without undergoing court proceedings subject to the conditions herein provided: SEC. (2) Reparation of the damage caused. Stages Where Diversion May be Conducted. 24. (iii) values formation. or . (4) Written or oral apology. Kinds of Diversion Programs. (7)Attendance in trainings. and (iv) other skills which will aid the child in dealing with situations which can lead to repetition of the offense. but not limited to: (a) At the level of the Punong Barangay: (1) Restitution of property. guidance and supervision orders. including community service. .The diversion program shall include adequate socio-cultural and psychological responses and services for the child. System of Diversion. At the different stages where diversion may be resorted to. (ii) problem solving and/or conflict resolution skills. (5) Care. the police investigation or the inquest or preliminary investigation stage and at all 1evels and phases of the proceedings including judicial level. such as. seminars and lectures on: (i) anger management skills.

. vocation and life skills programs. or (5) Institutional care and custody. and (2) Confiscation and forfeiture of the proceeds or instruments of the crime. (c) At the level of the appropriate court: (1) Diversion programs specified under paragraphs(a)and (b) above.(9) Participation in education. (b) At the level of the law enforcement officer and the prosecutor: (1) Diversion programs specified under paragraphs (a)(1) to (a)(9) herein. (2) Written or oral reprimand or citation. (3) Fine: (4) Payment of the cost of the proceedings.