Necesidad de establecer un trámite especial, para el juzgamiento y sanción contra el maltrato de los niños, niñas y adolescentes, señalados en el Código de la Niñez Y Adolescencia

The Code of Children and Adolescents establishes an administrative procedure to report abuse of children and adolescents are presented in care institutions duly authorized when Cantonal Boards of Childhood and Adolescence, but the process is very different and the steps to be followed in case of abuse complaints filed by the judges of law such as judges of childhood and adolescence or civil judges acting in their stead. In the judicial process from abuse, the judge is obliged to initiate proceedings whatever the means by which known, either because he verbally communicate because he learns by any means of communication or complaint from anyone. When it comes to verbal complaint, the judge must reduce him to writing; what is legal and from the person who does the firm recognize and to avoid false accusations containing false accusations, or notoriously impossible or incredible. Immediately and in line with the fact that complaint, the judge shall issue appropriate action and to inform the Special Juvenile Police - DINAPEN. A revised Code of Childhood and Adolescence and related laws and there is no specific procedure established for cases of abuse, and must, judges resort to other alternative to solve cases. We clarify that if there is an administrative procedure that applies the cantonal board under copyright protection, but that may not apply in the judiciary. For the prosecution of juvenile cases, the Code of Childhood and Adolescence provides a single method for all subjects and is provided in Section II which deals with the contentious matter to the General Procedure applied. The Art 271 of the Code provides: The provisions of this section shall apply to the conduct of all matters relating to the subject matter of the Book Second, the resolution of the Third Book of the Judge has exclusive competence of Children and adolescence and in which a person actively raising a legitimate legal claim. The second book contains general provisions such as the nature of the family relationship. State protection, Biological Family Unit Affiliation, parental responsibility, reciprocal rights and duties of the parental relationship, specific duties of parents and fundamental duties of children. Title II deals with the Parental Rights, Title III Tenure, Title IV of the right to visits, Title V, Food Law, Title VI law to Pregnant Women Foods, Title VII of the adoption. The Third Book. Try the National System for the Comprehensive Protection of Children and Adolescents, General Provisions, Policies and Plans Of Integral Protection Agency, the National Council for Childhood and Adolescence of the Cantonal Councils for Children and Adolescents, the Cantonal Boards Rights Protection, Agency of Systems, Protection Measures, Foster Care, Foster Care Administrative, etc. It happens that the mistreatment of Children and Adolescents in the FIRST BOOK Title II Art 67, which means that the General Litigation procedure laid down in Art 271 of the Code of Childhood and Adolescence may not apply. Also, as of July 28, 2009, RO No published 643 reforms to the Code of Childhood and Adolescence establishing a new procedure for implanting the food system Unique Audience. Not applicable general litigation procedure provided for in the Code of Childhood and Adolescence and abuse case, then there must be a special procedure, for agility in these processes is necessary for the protection of children and adolescents, case otherwise their constitutional and legal rights are not guaranteed timely, non-compliance with the principle of due process and procedural speed. The method of abuse by the judicial authority must be agile in prevalence interests of the child. These processes have the same characteristics, the same formalities and strictness of regular processes, whenever a reform is to be to remove the writing system or unnecessary errands, a good example is implemented from the year 2009 in food system it has been virtually reduced to a single coach, called the single hearing. The reason being, the fundamental characteristic of a child process is to try to resolve issues atenientes them, not parents; consequent to this the judges must apply the rules and clarify legal uncertainties or gaps that may exist or arise during the process , always in favor of minors, even sacrificing the interest of others

• Main Author: Fierro Montero, Lenin Giovany (author)
• Format: bachelorThesis
• Language: spa
• Published: 2015
• Subjects: CÓDIGO ORGÁNICO DE LA NIÑEZ Y ADOLESCENCIA; EL JUZGAMIENTO; EL MALTRATO; CELERIDAD PROCESAL
• Online Access: http://dspace.unl.edu.ec/jspui/handle/123456789/8962