Minority Law Examples – Human Rights of Minorities Law { 2022 }

A minority law group, which literally means, refers to a group of people whose behavior, race, religion, ethnicity, or other characteristics of a minor group. The rights and privileges of a child in conflict with the law are as follows:

Characteristics of Minority Groups and Human rights of minorities

Exempting circumstances of minority Rights

Minority Meaning: In order to exempt a minor, who is fifteen years of age or above, from criminal liability, it must be shown that he has committed a criminal act without understanding. Choosing an isolated and dark place to commit a crime Law, boxing to prevent the victim from being caught and to weaken his defense “indicates the mental capacity of the accused to be punished for the consequences of his illegal act. Fully understand (People vs. Jacinto, GR No. 182239), March 16, 2011).

MINORITY law
MINORITY

Minority law A child who is already serving a sentence will also benefit from the previous application of RA 9344. If they are so eligible under this Act or other applicable law, they will be released immediately (Section 68 of RA No. 9344; People v. Monticello, GR No. 193507, January 30, 2013).

Minority examples Privilege mitigating circumstance

In People vs. Agassar, GR No. 177751, January 7, 2013 – The suspect is entitled to the privileged conditions of a minor, which reduces the fine by one degree. The explanation of the law in increasing such leniency and sympathy is that due to his age, the accused has acted less sensibly. This is despite the fact that his minority law was not proved during the trial and that his birth certificate was submitted to us late for consideration because ruling according to it would affect the state, the victim, and his heirs. Will not be adversely affected.

Under section 98 of RA No. 9165, the provisions of RPC do not apply unless the accused is a minor. In such a case, life imprisonment will be considered a reclamation. Overall, if the accused is a juvenile, section 68 of the RPC relating to circumstances that diminish the juvenile’s eligibility will apply to the offense of illegal possession of dangerous dr-ugs even though the penalty is life imprisonment.

Therefore, a life sentence for illegal possession of a dangerous dr-ug, known as reclamation perpetual, by a minority law, will be temporarily graduated due to conditions that reduce a minor’s eligibility (people vs. someone). GR 186227, July 20, 2011).

Minority Suspension of the sentence

Whereas Section 38 of RA 9344 provides that the suspension of sentence may still be enforced even if the child in conflict with the minority law is already 18 years of age or older at the time of declaration of his offense. Section 40 of the law limits the suspension of a child until the child reaches the maximum age of 21 years.

Therefore, a child in conflict with the law, who has reached the age of 21, cannot avail of the privilege of suspension of sentence (People v. Mantelba, GR No. 186227, July 20, 2011; People v. Salcido, GR No. 186523, June 22, 2011). People v. Arpon, GR No. 183563, December 14, 2011 (Justice de Castro; People v. Monticello, GR No. 193507, 30 January 2013).

Probation

The right to apply for probation despite being attractive – Section 4 of PD No. 968 provides: “An application for probation must be filed within the period of completion of the appeal and if the respondent has completed the appeal. So the application for probation will not be accepted or accepted. Punishment decision. “ However, RA No. 9344 has explicitly amended section four of PD No. 968 and provided that a child in violation of the law may apply for probation at any time.

Section 42 of RA No. 9344 provides: “The court may, after convicting and convicting a child in violation of the law, and, at any time, on application, place the child on probation in the lie of his service. In the best interests of the child, the phrase at any time” in section 42 means that a child who is in conflict with the law may apply for probation even beyond the period of completion of the appeal and whether the child The appeal against the sentence has been completed.

The right of a person or user of a dangerous dr-ug to apply for probation – a rule under section 24 of RA No. 9165, which disqualifies dr-ug traffickers and applicants for probation, extends to the owner of a dangerous dr-ug. Does not Padwa v. People, GR No. 168546, 23 July 2008, was held that:

“Minority law treats dr-ug users and holders as victims, while dr-ug traffickers and smugglers are considered victims. Therefore, where dr-ug traffickers and smugglers, such as Padua, are subject to probation law. While young people who rely on, use and possess dr-ugs are given the opportunity to correct their ways. “

The right to apply for probation, even if the penalty for possession of a dangerous dr-ug is more than six years. Goes Probation However, under section 70 of RA No. 9165, for the first time a juvenile offender may apply for probation for possession of a dangerous dr-ug, even if the sentence is more than 6 years imprisonment.