Análisis jurídico y doctrinario del procedimiento abreviado en delitos cometidos por adolescentes infractores
This research seeks to demonstrate the feasibility of applying the abbreviated procedure in crimes committed by adolescent offenders, remembering that the Comprehensive Organic Criminal Code, upon entering into force in 2014, this figure in matters of Childhood and Adolescence, was applied without a...
محفوظ في:
| المؤلف الرئيسي: | |
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| التنسيق: | bachelorThesis |
| اللغة: | spa |
| منشور في: |
2024
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| الموضوعات: | |
| الوصول للمادة أونلاين: | https://dspace.unl.edu.ec/jspui/handle/123456789/29099 |
| الوسوم: |
إضافة وسم
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إضافة وسم | الملخص: | This research seeks to demonstrate the feasibility of applying the abbreviated procedure in crimes committed by adolescent offenders, remembering that the Comprehensive Organic Criminal Code, upon entering into force in 2014, this figure in matters of Childhood and Adolescence, was applied without any problem. At the beginning of 2020, the vast majority of judges and prosecutors opted to stop applying this figure in adolescent offenders, however, there were a certain number of judges who, according to their criteria and based on their sound criticism, continued to apply the abbreviated procedure in adolescents until the end of 2020. For this reason, a legal conflict has arisen, which continues to this day, since the existence of opposing criteria among judges and prosecutors with respect to the application of this procedure in matters of Children and Adolescents indirectly generates legal insecurity for adolescents who have committed a criminal offense. The Public Defender's Office, after learning that judges and prosecutors were no longer applying the abbreviated procedure in adolescents, decided to cancel its guide entitled "Practical Guide for Litigation in Juvenile Criminal Justice with a Restorative Approach" because of Title 6, which provided recommendations on the application of the abbreviated procedure in adolescent offenders. Knowing that there is no legal impediment to not applying this procedure in adolescent offenders, and after analyzing comparative law, we observed that the abbreviated procedure is a figure that favors the best interests of the child, since it gives the adolescent offender the opportunity to voluntarily accept this procedure, with a view to improving his condition with respect to the sanction. Thus, the aim of this paper is to carry out a legal and doctrinal study of the abbreviated procedure for adolescents who have committed crimes. |
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