Juvenile Laws at Malta
Malta has established a comprehensive juvenile justice system that emphasizes rehabilitation and the best interests of the child. Here's an overview:
⚖️ Age of Criminal Responsibility
Under 14 years: Children are presumed incapable of committing a crime (doli incapax). However, parents or guardians may be held accountable if they failed to prevent the offense.
14 to 16 years: Minors can be charged with a crime but may be exempt from criminal responsibility if the offense was committed without "mischievous discretion," meaning they lacked awareness of their actions.
16 to 18 years: Considered criminally responsible, but penalties are typically reduced by one or two degrees compared to adult sentences.
🏛 Juvenile Court
The Juvenile Court, located in Sta. Venera, handles cases involving minors under 18 Proceedings are confidential, and the court may issue care orders when necessary
🏫 Rehabilitation and Support Services
The Foundation for Social Welfare Services (FSWS) operates under the Minors Protection (Alternative Care) Ac. It offer:
Child Protection Investigation Unit Investigates cases of abuse and neglect.
Court Services Provides assessments and recommendations in child-related legal matter.
Children's House A child-friendly environment for judicial investigations involving minor.
International Child Protection Addresses issues like trafficking, forced marriages, and online abuse.
🔄 Recent Reforms and Recommendation
An inquiry into juvenile justice has led to several recommendatios:
*Raise the age of criminal responsibility: From 12 to 14 yeas.
*Expand Juvenile Court jurisdiction: To include all individuals under 8.
*Improve social worker caseloads: Reduce from 40 to 10–15 cases per professional.
*Enhance police protocols: Implement specialized training and ensure the presence of youth workers during interrogations.
🏠 Alternative to Incarceration
The government is working to establish therapeutic residences for minors, moving away from placing them in adult prision.This includes creating separate facilities for female offenders.
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