Necesidad de reformar el art. 262 del Código de la Niñez y Adolescencia, en relación a quien debe juzgar a los adolescentes infractores

The Art. 226 of the Code of Judicial Function, states that in each district will be the number of judges and judges, among others, young offenders, established by the Judicial Council, with the determination of the location of residence and the territorial jurisdiction of which have competence, if not set this determination is understood to be district. But the fact is that the Judicial Council has considered that in the prosecution of juvenile offenders, they are tried by judges of childhood and adolescence, this is because the standards referred to in Art. 262 of the Code of Childhood and Adolescents stating that the trial of adolescents will be made by the judges of the matter, which is for them within their respective territorial jurisdictions, knowledge and resolution of issues related to the responsibility of juvenile offenders. Juvenile offenders should be tried and punished by a special judge in criminal matters, because they are tried by a Judge for Children and Adolescents under the Code of the same name, make our inefficient approach processing juvenile offenders when it judge is specialized in matters of alimony, custody, adoption, custody, among others that are civil, but in criminal matters to resolve issues of adolescent offenders should be specialized in this area judges, allowing to have a tribunal to carry out the prosecution of offenses. The procedural subjects prosecution committed by juvenile offenders are the judge, the attorneys of adolescent offenders and adolescent accused. As the judge of childhood and adolescence the person exercising jurisdiction, representing the court and charged with initiating the process and solve a judgment matters within its competence, which begins with the opening of instruction, has the detention or competency of the accused, fixed bail and parole granted, provides implementation and performance evidence, introducing other precautionary measures personal and real character, seizure, etc. The creation of specialized courts for criminal prosecution of juvenile offenders, contributes to a specialized justice, which is taken into account as a fundamental aspect of the adolescent interest, which must be applied as principles, referred to in Art. 168 of the Constitution of the Republic of Ecuador, including the sixth paragraph substantiation of processes in all subjects, levels, steps and proceedings will be conducted by the oral system in accordance with the principles of concentration, contradiction and device . Undoubtedly the Code of Childhood and Adolescence has improved certain specific legal institutions, including the Criminal Responsibility of juvenile offenders, however, given the time of application of the rules of the Code of Childhood and Adolescence, has been unable to detect a problem that has all light, becomes a violation of due process and is that the same Judge for Children and Adolescents, is also one Warranties Controller acts as Judge Judicial Officer of crime committed by the adolescent

• Main Author: Burneo Jaramillo, José Luis (author)
• Format: bachelorThesis
• Language: spa
• Published: 2015
• Subjects: CÓDIGO DE LA NIÑEZ Y ADOLESCENCIA; MENORES INFRACTORES; JUZGAMIENTO; EL DEBIDO PROCESO
• Online Access: http://dspace.unl.edu.ec/jspui/handle/123456789/8767