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juvenile shoplifting ( and accessory to a crime? )

2 posters

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jomerangel


Arresto Menor

Good morning po sir. i have a question lang po about a shoplifting incident.
my brother is a 10 year old boy. Pumunta po sila sa isang mall together with my two cousins para mag window shopping. And my brother brought with him a toy which we bought from another mall days ago. Nung nag ikot-ikot na sila sa mall nawala sa paningin nila 'yong brother ko. Then, nung nakita na nila yung brother ko, they decided to go home. Nung nasa stairs na sila going down the store, my brother handed an item to my cousin which he(my cousin) tought that it was my brother's toy. So nilagay lang ng cousin ko sa bulsa niya without looking at it. Upon exiting the said mall, they were blocked by security guards. Unang ini-check 'yong brother ko dahil nakita daw siya ng isang guard na may ni-conceal daw yong brother ko on his waist. Positive. May na recover ang mga guards sa brother ko. They also checked my cousin and may na recover din sa kanya(yong item na binagay ng brother ko doon sa cousin ko) which is apparently shoplifted by my brother. My cousin was not aware na yong ibinigay sa kanya ng brother ko was shoplifted. Kinuha din nila yong toy ng brother ko which is kapariho talaga ng toy na na-recover from my cousin. Ang nangyari po ay pinabayaran sa amin ang mga items na na-recover from my brother at binayaran naman namin as x1 kasi juvenile daw. But on the other hand, they accused my cousin of shoplifting because they recovered an item from him at sabi nila na "accessory to a crime" daw. And now he is detained at a police station at bukas pa daw siya mailalabas kapag na settle na namin yong 1 item na na-recover sa kanya. kasi close na yong mall nang naabutan namin siya sa Police Station at kailangan daw nang signature ng General Manager nila para ma release ang cousin ko the next day if we agree to a settlement or else, they will file a case against him.
Sir, question po:
Is this lawful? Accused of a crime you were not aware that you were committing?

attyLLL


moderator

you have to look at this from the other perspective. a stolen item was found in his possession. that is sufficient for finding of probable cause to accuse him in court.

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