Libro III · Título II Capítulo III. Órganos y sujetos que intervienen en el proceso de adolescentes en conflicto con la ley penal

Acts committed by adolescents that violate criminal law shall be heard at first instance by the Trial Courts of Peace and the Trial Courts for Adolescents in Conflict with Criminal Law and, at second instance, by the Chamber of the Court of Appeals for Children and Adolescents and by the Adolescents Trial Court itself in the case of appeals filed against the decisions of the Peace judges. The Supreme Court of Justice shall be competent to hear such appeals as correspond to it under this Law, and the judge for Control of Execution of Sanctions shall have jurisdiction for the enforcement phase.

Adolescents to whom any transgression of criminal law is attributed shall have the right, from the commencement of the investigation, to be represented and heard in the exercise of their defense, to offer evidence and to file remedies, as well as to be informed of the reason for the sanction to be applied to them, without prejudice to the other rights recognized in this Law.

Adolescents who, without grave and legitimate impediment, fail to appear in response to a judicial summons, escape from the establishment or place where they are detained, or absent themselves from the place assigned for their residence shall be declared in default.

Once the escape or absence has been verified, default shall be declared in a reasoned order and an order of appearance shall be issued. If the latter is not complied with or cannot be executed, their compulsory conveyance shall be ordered.

The parents, guardians or persons responsible for the adolescent may intervene in the procedure, as assistants in the defense or as qualified witnesses, who supplement the respective psychosocial study. This does not prevent them from also participating in their capacity as witnesses to the act under investigation.

In accordance with the provisions established in this Law, the offended party may participate in the proceedings and may file the corresponding remedies, when he or she deems it necessary, for the defense of his or her interests in accordance with the provisions established by the Code of Criminal Procedure.

If a victim considers himself or herself harmed by a crime of private action, he or she may report it, directly or through a legal representative, before the Judge of Adolescents in Conflict with Criminal Law. All this without prejudice to the victim's right to resort to the corresponding civil route, so that the damage may be repaired to him or her.

In the processing of proceedings for transgressions, prosecutable only at the instance and interest of the victim, the complaint of the latter shall be required, in accordance with the rules established in criminal and criminal procedural legislation. The procedure shall be the same as for crimes of public action.

From the beginning of the investigation and throughout the proceedings, adolescents shall be assisted by defense counsel and no statement shall be taken from them without the assistance thereof.

Defense counsel shall:

a)Assert their intervention, from the moment of the complaint or accusation of an adolescent for the commission of a criminal act.

b)Maintain direct and continuous communication with the adolescent. Be present at all hearings of the proceedings, having previously advised the adolescent in private.

c)Be guarantor, under their strict responsibility, of respect for the rights and guarantees recognized by this Law for the adolescent.

d)Maintain direct and continuous communication with the adolescent's family, to inform them of the status of the proceedings.

e)Request that all steps necessary to protect the interests of the adolescent be carried out, in accordance with the guiding principles of this Law.

f)Ensure, under their strict responsibility, that any deprivation of liberty ordered against the adolescent is in accordance with the law. That it is executed under conditions respecting the human rights of the adolescent; for that purpose, they shall visit the Center and shall request and pursue the remedies necessary for the protection and respect of the rights of their client.

g)Report and take action before the competent authorities regarding any threat to or violation of the human rights of the adolescent that is communicated to them or of which they become aware.

h)Perform the other functions assigned to them by this and other laws.

The adolescent or any of their parents, guardians or responsible persons may appoint private defense counsel. If they lack financial resources, the State shall provide them with public defense counsel. For such purpose, the public criminal defense service shall have a section or group of defense counsel specialized in the subject matter.

The Public Prosecutor's Office shall be in charge of requesting before the Courts for Adolescents in Conflict with Criminal Law the application of the present provisions, by performing the necessary acts to promote and exercise, on its own initiative, the public criminal action; except for the exceptions established in the Code of Criminal Procedure and in this Law, for crimes of private action the complaint of the offended party shall be required. For such purpose, the Public Prosecutor's Office shall have prosecutors specialized in the subject matter.

It shall coordinate with the other institutions and authorities to ensure that all complaints or police reports related to the implication of an adolescent in an act defined as a crime or misdemeanor are directed to its special prosecutors with due promptness.

With respect to the proceedings concerning adolescents in conflict with criminal law, the functions of the Public Prosecutor's Office, through its specialized prosecutors, shall be:

a)To ensure compliance with this Law.

b)To initiate the investigation and the criminal prosecution of the adolescent in accordance with the procedure established in this Law, carrying out all pertinent and useful steps to determine the existence of the criminal act, the authorship or participation of the adolescent or, where applicable, of adults, and to verify the harm caused. If the participation of adults is established, he or she shall immediately bring it to the knowledge of the competent prosecutor, under his or her liability.

c)To conduct the investigation of transgressions committed by adolescents.

d)To promote the corresponding action.

e)To request evidence, submit it and, where appropriate, participate in its production.

f)To request, where appropriate, the cessation, modification or substitution of the sanctions ordered or to file legal remedies.

g)To provide legal and psychological guidance, when necessary, to the victim of the crime and to maintain constant and direct communication with the victim, notifying him or her of all the steps he or she carries out.

h)To advise the offended party during conciliation, when he or she so requests.

i)To be present at the first statement of the adolescent and to express an opinion on his or her legal and procedural status.

j)Such other functions as this Law and other laws assign to it.

In all phases of the proceedings, the prosecutor for adolescents must act with objectivity, impartiality and adherence to the principles set forth in this Law.

The National Civil Police shall be responsible for assisting the Public Prosecutor's Office and the tribunals for adolescents in conflict with Criminal Law, in the discovery and scientific verification of the transgressions and of their alleged persons responsible.

The National Civil Police must subject its actions to the guiding principles, rights and guarantees recognized by this Law, respecting the dignity, identity, age and sex of the adolescent. The use of degrading or humiliating measures or acts is prohibited, as is carrying out any type of interrogation, during apprehension, detention and investigation.