Treatment procedure for Juvenile delinquent in Juvenile Justice

Treatment procedure for Juvenile delinquent in Juvenile Justice cross border and the Discussion Presented by Mr. Apichat Jarusiri Inspector Department of Juvenile Observation and Protection Ministry of Justice of Thailand

Situation on Juvenile delinquency in ASEAN Economic Community (AEC) Nowadays, every country finds the common problems in juvenile delinquent which are the more excessive violence, complexity and increasing number of juvenile delinquent. Without an effective solution, juvenile delinquency situation may lead to severe problems in transfer juvenile delinquent in AEC, including the possible in transmitting the criminal behavior between each other.

Statistics of Juvenile Delinquents in 2013 • Classified by age and gender Gender Total Male Age number % Total 36, 763 100 10 -15 10, 672 29. 03 15 -18 number Female % number % 34, 279 93. 24 2, 484 6. 76 9, 881 26. 88 791 2. 15 26, 091 70. 97 24, 393 66. 35 1, 698 4. 62

Juvenile justice related law Each country has the specific law regarding the juvenile treatment in justice system. However, there are common issues for consideration; - The age of criminal responsibility, which are different in each country (7, 10, 14 and 15 years old) - Age measurement in AEC country (Age on the day of arrest, the day that commit the crime or the day of adjudication)

Juvenile Justice System in Thailand • Juvenile and Family Court and Juvenile and Family Cases Procedure Act of 2010. Child : age over 10 but not exceeding 15 Youth : age over 15 but not attain 18

The place to detain at before or after the adjudication Most of countries in AEC have the specific place to detain the juvenile before and after the adjudication.

Department of Juvenile Observation and Protection before adjudication • 77 Observation and Protection Centers. • 33 Remand Homes (33 provinces) after adjudication • 18 Juvenile Training Centers

The Observation and Protection Center Before adjudication • Compiling the fact finding reports including bio-psychosocial aspects and submit to the court. • Detain the juveniles who are not on bail in remand home and taking care before and during adjudication. • Divert the juveniles through special measure.

The Juvenile Training Center After adjudication (institutional treatment) • Treatment and rehabilitation the juveniles according to the court order. • Prepare the juveniles for reintegration into society.

Process in Training Center • 3 Phases – Making individual treatment plan. – Treatment and rehabilitation. – Pre-release.

Treatment and Rehabilitation • Providing activities according to ITP. – Education : academic course, vocational training. – Treatment Program : self esteem building, anger control, drug rehabilitation program, cognitive behavior therapy, enhancing positive potential for youth leaders, family program , etc. – Alternative activities : life skill training, arts, music, sports, club activity , etc.

Diversion • Special measure in place of criminal prosecution. – Penalty of the offending is not over than 5 year imprisonment. – Repent for the offending. – May return to be good citizen without accusation. – Develop individual treatment plan. – Perform according to individual treatment plan. – The public prosecutor orders not to prosecute.

Discussion • Treatment for juvenile in justice system • How to change ‘border’ to ‘without border or cross border’

Cross border/without border - The diversion of Juvenile Case before entering the justice system - Lower the gap between the age of criminal responsibility among countries - Non-violent treatment and procedure for juvenile in justice system - Transferring juvenile to continue jurisdiction in homeland country should be done promptly

Now open for discussion