La responsabilidad penal de los adolescentes infractores

Abstract

In this case study, the juridical-legal situation of an offending adolescent will be analyzed, who was in the company of a person of legal age, both being detained by members of the national police while driving a scooter without license plates, for later arrest. make the respective requisition finding a firearm in the possession of the adolescent, the police continue with the respective process. The adolescent's lawyer, who was a public defender, asked the prosecutor and the judge to grant him the remission, on the grounds that, if he met all the requirements and conditions established in the Code for Children and Adolescents, however, Despite everything that was mentioned above, the judge did not accept the petition, since the adolescent had had a conciliation certificate for the crime of robbery. Based on this, the present case study will analyze whether or not the failure to comply with the referral was correct, which was a request from the public defender's office of the offending adolescent, even analyzing the point that even the prosecution agreed with said alternative of early solution of conflict, determining whether or not there was a violation of rights in the present case, and according to the results show that since the judge did not want to accept the remission, what were the other alternatives that exist to avoid internment, since all custodial measures must be considered as ultimo ratio.