To Prevent Repeated Juvenile Crimes... "Need to Expand Participation of Psychological Experts in Police Investigations"

Police 'Juvenile Offender Investigation Expert Participation System'
Analyzing Juvenile Offenders to Prevent Recidivism
Legal Specification Needed Instead of Directive
"Used as Important Basic Data for Juvenile Offender Treatment"

[Image source=Yonhap News]

Three of five middle school students who habitually assaulted younger middle school students in the Yangcheon-gu area of Seoul were arrested on the 1st. They are accused of extorting more than 1 million won and assaulting a 13-year-old middle school student. Two years ago, they stole a car in Seoul and hit a university freshman who was working part-time delivery in Daejeon with the car and fled. The victim of this accident died, but the perpetrators were not criminally punished at the time because they were considered juvenile offenders not subject to criminal responsibility. On the 9th of last month, a 15-year-old middle school student, A, in Gangnam, Seoul, was caught by the police after stealing a car and fleeing from an apartment. The police sent him home, citing a low risk of escape. However, the next day, A stole a car again and was caught by the police once more.

Juvenile offenders not subject to criminal responsibility refer to minors aged 10 or older but under 14 years old. Even if they commit a crime, they are considered to lack criminal responsibility and mainly receive protective measures rather than punishment. As crimes committed by such juvenile offenders have become a social issue, the Ministry of Justice has formed a task force to devise a plan to update the age criteria. The proposal to lower the age criteria for juvenile offenders not subject to criminal responsibility is controversial both domestically and internationally. Opponents argue that efforts to reform and prevent recidivism should precede strengthening punishments.

A representative opinion is to expand the police’s ‘Juvenile Offender Investigation Expert Participation System.’ This system involves psychological experts participating in police investigations of juvenile offenders to analyze them and prevent recidivism based on the analysis. The behavioral prediction data sheets used in the analysis are also utilized at the prosecution or court stages to determine the treatment of juveniles who have committed offenses.

In 2020, out of a total of 64,595 juvenile offenders, 9,826 (15.2%) were investigated with psychological experts. Last year, out of 54,138 juvenile offenders, 12,611 (23.3%) were investigated with experts.

However, this system is only stipulated in the police directive ‘Juvenile Affairs Handling Regulations,’ and psychological analysis data are used merely as participation materials. The ‘Prosecutor’s Pre-Decision Investigation System,’ which allows prosecutors to request investigations into juveniles’ conduct and history from probation officers at the prosecution stage, and juvenile investigation systems at the court stage are regulated under Articles 9 and 12 of the Juvenile Act, differing from the police system. Although experts participating in investigations handle sensitive information about the juvenile offenders’ environment, there is no confidentiality obligation regulation regarding this.

Park Kyung-rim, an investigator at the Legislative Research Office’s Political and Administrative Research Division, said, "It is necessary to legislate the expert participation system under the Juvenile Act rather than a directive," adding, "Behavioral prediction data should be used as important basic data related to the treatment of juvenile offenders, not just as simple reference."

A police official said, "Through legislation, it will be possible to make dispositions (regarding juvenile offenders) linked with the guidance review committee at the police stage," adding, "If safety measures such as specifying experts’ confidentiality obligations are prepared together, participation rates are expected to increase due to the nature of the system requiring consent from juvenile offenders and their parents."

This content was produced with the assistance of AI translation services.