The treatment of minors involved in cyber fraud is a complex issue, and the prevailing view is that they should be considered a combination of both criminals and victims of manipulation.

The emphasis, however, should lean heavily towards rehabilitation, education, and addressing the root causes of their involvement, rather than simply imposing punitive measures designed for adult offenders.

This nuanced approach is particularly relevant in places like Taiwan, given the reported involvement of tech-savvy youth in cyber fraud schemes and human trafficking for forced cyber labor in Southeast Asia.

Why They Are Criminals:

• Violations of Law: Minors who commit cyber fraud are still breaking the law. Their actions cause real financial and emotional harm to victims. In Taiwan, laws related to fraud, computer misuse, and personal data protection (like the PDPA) apply, and specific provisions in the Criminal Code address juvenile offenders.

  • Taiwanese Law: If a person who has reached the age of 14 but not 18 commits a crime, their punishment "shall be given a lighter or mitigated punishment." If a person is not given criminal punishment because they haven't reached 16, their guardian is ordered to discipline them, and in some cases, the government may take them in for rehabilitation.

• Intent (in some cases): While many might be unwitting, some minors may knowingly participate, driven by the desire for quick money, thrill-seeking, or peer pressure. This element of intent makes them complicit in criminal activity.

Why They Are Victims of Manipulation:

• Vulnerability: Minors are inherently more vulnerable to manipulation, coercion, and deceptive tactics due to their:

  • Developing Brains: Their brains, especially the prefrontal cortex responsible for decision-making, risk assessment, and impulse control, are not fully developed.

  • Lack of Life Experience: They may not fully grasp the long-term consequences of their actions or the severity of legal repercussions.

  • Financial Pressure: In many developing countries (and even some developed ones), economic hardship or the allure of "easy money" can make them susceptible to recruitment.

  • Peer Pressure and Social Isolation: A desire for acceptance, status within online groups, or a sense of belonging can lead them down illicit paths.

• Exploitation by Organized Crime: This is a critical factor. Minors are often specifically targeted by sophisticated cybercrime rings (as seen with human trafficking to Southeast Asian scam compounds). They are lured with fake job offers, then coerced, threatened, or held in debt bondage, forcing them to commit fraud against others. In these cases, they are unequivocally victims of human trafficking and forced labor.

• Lack of Awareness/Education: Many young people simply don't understand the legal ramifications or the ethical implications of certain online activities. They might perceive some activities as "pranks" or "games" without realizing they are serious felonies.

• Digital Natives, but Not Always Digitally Literate: While tech-savvy, they may lack critical digital literacy skills to identify scams, verify information, or understand online risks.

How They Should Be Treated: A Balanced Approach-

The ideal approach combines legal accountability with robust protective and rehabilitative measures.

1. Prioritize Identifying Victimization:

   • Screening for Trafficking/Coercion: Law enforcement and social services must prioritize thoroughly investigating whether the minor was coerced, threatened, or trafficked into the cyber fraud scheme. If so, their status shifts significantly to that of a victim needing protection, not just a criminal.

   • Support Services: Provide immediate access to psychological counseling, safe housing, and support services for victims of trafficking and exploitation.

2. Focus on Rehabilitation and Education over Punishment:

   • Juvenile Justice System: Minors should primarily be handled through a juvenile justice system that emphasizes rehabilitation, education, and social reintegration, rather than punitive incarceration.

   • Mitigated Sentences: As per Taiwanese law and international best practices, punishments should be lighter or mitigated compared to adults, taking into account their age and potential for rehabilitation.

   • Diversion Programs: Whenever possible, divert minors from the formal criminal justice system into programs that focus on:

     • Cybersecurity Education: Teaching them about ethical hacking, digital citizenship, and the dangers and consequences of cybercrime.

     • Skills Development: Providing them with positive, legitimate pathways to utilize their tech skills (e.g., coding bootcamps, IT certifications, ethical hacking competitions like HITCON CTF in Taiwan).

     • Life Skills and Mentorship: Addressing underlying social, psychological, or economic issues that led to their involvement.

     • Parental/Guardian Involvement: Engaging families in the rehabilitation process.

3. Hold Adult Perpetrators Accountable:

   • The focus should be on dismantling the criminal networks and prosecuting the adult masterminds and traffickers who exploit minors. Imposing harsh penalties on these individuals serves as a stronger deterrent and breaks the cycle of manipulation.

4. Prevention and Awareness:

   • Public Education Campaigns: Governments (like Taiwan's Ministry of Digital Affairs) should launch targeted public awareness campaigns, especially for youth and parents, about cyber fraud tactics, online safety, and the risks of falling prey to fake job scams or money mule schemes.

   • Cybersecurity Education in Schools: Integrating digital literacy and cybersecurity ethics into the school curriculum from an early age.

   • Positive Engagement for Tech Talent: Creating more opportunities for young tech enthusiasts to channel their skills into legitimate and beneficial activities (e.g., government-sponsored hackathons, cybersecurity training programs).

In conclusion, while minors involved in cyber fraud have committed illegal acts, a justice system that only treats them as "criminals" without acknowledging the manipulation and exploitation they often face is incomplete and ineffective. A more humane and ultimately more effective approach treats them as individuals in need of intervention, education, and rehabilitation, while simultaneously cracking down hard on the adults who prey on their vulnerabilities.