Underaged offenders not exempt from criminal liability - PM Dept

The Legal Affairs Division of the Prime Minister’s Department has stated that children under the age of 18 are not free from criminal liability for their actions.

This was detailed in a set of Frequently Asked Questions (FAQ) clarifying the application of the Penal Code (Act 574) and the Child Act 2001 (Act 611).

It confirmed that the Child Act provides a protective procedural framework, but does not absolve underage individuals from being punished for criminal acts under the primary punitive laws.

“The Penal Code and other punitive laws in Malaysia do not exempt any individual from criminal liability,” today’s statement read, underscoring that every individual is responsible for their criminal acts, including children.

This means that a child who commits a crime can still be charged and punished under the provisions of the Penal Code.

The FAQ addressed concerns that the Child Act might shield young offenders, stating, “Does the Child Act prevent a bully from being punished? NO. Any child offender can still be punished under the Penal Code.”

The division highlighted the distinction in how these cases are handled.

The legal process for a child accused of a crime is governed by the Child Act 2001, which introduces differences from the standard criminal court procedure to prioritise the child’s welfare and rehabilitation.

A key feature is the establishment of the Court for Children. The court is led by a magistrate who is assisted and advised by two panel advisers, one of whom must be a woman.

Furthermore, the Child Act mandates protections for the rights and dignity of the child.

All proceedings are conducted in a closed session to guard the child’s confidentiality and well-being. Section 15 of the Act also prohibits the disclosure of the child’s identity to the public and the media.

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