Libro III · Título II Capítulo IV. Procedimientos

The proceedings concerning adolescents in conflict with criminal law shall have as objectives to establish the existence of a transgression of criminal law, to determine who is its author or participant and to order the application of the corresponding sanctions. Likewise, it shall seek the reintegration of the adolescent into his family and into society, in accordance with the guiding principles established in this Law.

The legal classification of the transgressions committed by adolescents shall be determined by the descriptions of prohibited conduct established in the Criminal Code and in special laws.

The age of the adolescent shall be proved by certification or record of the registration of their birth in the Civil Register. In the case of foreigners, information shall be requested from the Embassy or delegation of the adolescent's country of origin; in both cases, verification may be achieved by means of any official document.

The adolescent shall provide the data that permit their personal identification. If they fail to do so or if it is deemed necessary, a technical office shall carry out the physical identification, using personal data, fingerprints and particular marks. Recourse may also be had to identification by witnesses in the form prescribed for recognitions or to other means deemed useful.

Doubt concerning the data obtained shall not alter the course of the procedure and errors, provided that adolescents are involved, may be corrected at any time, even during the execution of the sanctions.

If in the course of the procedure it is established that the person charged with the crime was of legal age at the time of its commission, the Judge for Adolescents in Conflict with Criminal Law shall declare a lack of competence and shall remit the case file to the adult criminal jurisdiction. If the person is a minor under thirteen years of age, the procedure shall cease and the judge for adolescents in conflict with Criminal Law shall order that appropriate assistance be provided to the minor and shall refer the minor to the Judge for Children and Adolescents.

Procedural acts referred on grounds of lack of jurisdiction, both in the adolescent jurisdiction and in the adult jurisdiction, shall be valid for use in each of the proceedings, provided that they do not contravene the purposes of this Law nor the fundamental rights of boys, girls and adolescents.

When in the same act one or more adolescents participate with one or several adults, the cases shall be separated and the files of the persons of legal age shall be referred to the adult criminal jurisdiction. To maintain the connection to the extent possible in these cases, the different tribunals shall be obligated to reciprocally send each other copies of the evidence and the relevant proceedings, signed by the Secretary.

All means of evidence regulated in the Code of Criminal Procedure shall be admissible in the present proceedings, to the extent that they do not affect the purposes and rights enshrined in this Law. Evidence shall be assessed in accordance with the rules of sound reasoned criticism.

The civil action may be initiated and resolved in the procedure for adolescents in conflict with criminal law in accordance with the rules established in the Code of Criminal Procedure.

A preventive coercive measure may be applied only when the adolescent is subject to the proceedings and with the objective of:

a)Securing and guaranteeing the presence of the adolescent in the proceedings;

b)Securing the evidence; or,

c)Protecting the victim, the complainant or witnesses.

(Amended by Article 4 of Decree 2-2004 of the Congress of the Republic) The maximum duration of the coercive measure shall in no case exceed two months. Upon expiration of this time limit, they may only be extended by the judge by reasoned order, at the request of the prosecutor, for up to a maximum of two additional months, with the exception of the measure of provisional deprivation of liberty in a custodial center, which in no case may be extended.

(Amended by Article 4 of Decree 2-2004 of the Congress of the Republic) If there is a first-instance conviction judgment and it has been appealed, the Chamber for Childhood and Adolescence may extend on a single occasion the time limit of duration of the measure for such time as is necessary to decide the case, which shall not exceed one month.

In the event that an interim protective measure is to be ordered and there is a need to adopt one in accordance with the stated objectives, the judge ex officio or at the request of the prosecutor may order the application of the following measures:

a)The obligation of the adolescent to appear periodically before the tribunal or authority designated by the judge.

b)The prohibition on leaving without judicial authorization the country, the locality or the territorial area indicated by the judge.

c)The obligation to submit to the care or supervision of an adult and suitable person, who shall be responsible for his or her care and custody, to present him or her before the judge and to report on his or her situation whenever so requested.

d)House arrest, in his or her own residence or another suitable one indicated by the judge, under the responsibility of an adult person.

e)Prohibition on attending certain meetings or visiting certain places.

f)Prohibition on communicating with specific persons, provided that his or her right of defense is not affected.

g)Provisional deprivation of liberty in a special custody center. Only and exclusively in the cases indicated in this Law and at the request of the prosecutor.

It shall be guaranteed that in no case shall compliance with the imposed measure interrupt or prejudice the educational, family and work sphere of the adolescent, except in cases of provisional deprivation of liberty and where the alleged crime is directly related to any of those spheres.

The judge is empowered to order public or private institutions to enforce the coercive measures imposed on adolescents.

Provisional deprivation of liberty is exceptional in nature, especially for those over thirteen years of age and under fifteen, and shall only be applied when it is not possible to apply another less burdensome measure.

This coercive measure is only appropriate when necessary, according to the stated objectives, and when:

a)There is a danger of flight and/or of obstructing the investigation of the truth; and,

b)The act attributed to the adolescent constitutes a crime involving serious violence and is against the life, physical integrity, individual or sexual liberty of persons.

In all cases this measure shall be ordered by the judge, in a reasoned order, only upon request of the prosecutor, who must assert the aforementioned elements. Adolescents to whom this measure is applied shall be referred to a special custody center for adolescents in conflict with criminal law. In no case may it be the same premises as the special compliance center. There shall be suitable centers for each sex. In the centers, admission of the adolescent shall not be permitted without a prior written order from a competent judicial authority.

The center shall have its own regulations, in which the adolescent's private communication with his or her defense counsel, periodic visits from his or her family members; the continuation of his or her educational activity, as well as all internationally established rights and guarantees for adolescents deprived of liberty, must be guaranteed.

In order for provisional internment to be as brief as possible, the Trial Courts for adolescents in conflict with criminal law and the investigative bodies shall consider as a matter of maximum priority the effective processing of cases in which provisional internment of an adolescent is resorted to.

The proceedings terminate early by:

a)Compliance with the obligations imposed in the record of conciliation.

b)Remission.

c)Regulated opportunity criterion.

All transgressions of criminal law where there is no serious violence against persons admit conciliation.

Conciliation is a voluntary act between the offended party and the adolescent or the adolescent's parents, guardians or persons responsible.

For the fulfillment of the obligations of patrimonial content, any person may bind himself or herself.

Conciliation shall not be authorized when the best interests of the adolescent are violated.

Conciliation proceeds on its own initiative or at the request of a party, provided that there are indications or evidence of the adolescent's participation in the act and no grounds excluding liability concur.

Conciliation proceeds until before the trial before the judge hearing the case.

The prosecutor may promote conciliation and it shall be authorized by the judge, upon the prior favorable opinion of the adolescent's defense counsel.

To conduct the conciliation hearing, the adolescent, their legal representative or responsible person, the offended party or victim, who if an adolescent, the summons shall additionally include their legal representative, shall be summoned. The defense counsel and the prosecutor shall also be summoned, where they have already participated in the proceedings.

If any of the indispensable parties fails to attend the conciliation hearing, a record thereof shall be made and the procedure shall continue. The foregoing shall not prevent a new conciliation hearing from being held.

With the parties present, the purpose of the proceeding shall be explained to them, proceeding to hear those summoned. If an agreement is reached, a record shall be drawn up which shall be signed by those appearing.

The conciliatory settlement suspends the procedure. If there is no agreement, a note thereof shall be made and the processing thereof shall continue.

Compliance with the conciliation extinguishes the action before the specialized Trial Courts and the civil action before the corresponding Trial Courts.

In the record of conciliation the agreed obligations shall be determined, among which the reparation of the damage to the victim or to the offended party shall be contemplated, a time limit for its fulfillment shall be indicated and guarantees shall be constituted, if necessary.

The certification of the record of conciliation shall have the quality of an enforceable title.

The legal representatives together with the adolescent undertake jointly and severally to comply with the obligations determined in the conciliation record, when they are obligations of patrimonial content.

When the adolescent fails without just cause to comply with the obligations of non-patrimonial content determined in the record of conciliation, the procedure shall continue as if no conciliation had taken place.

If they are obligations of patrimonial content, the offended party, before bringing the civil action, may ask the judge to request the obligated payment for compliance with the obligations.

The judge may examine the possibility of not continuing the proceedings, when the committed act is punishable under the Criminal Code with a penalty of imprisonment whose minimum is less than three years, based on the degree of participation in the harm caused and reparation for the same.

If the judge considers that continuation of the proceedings is not appropriate, the judge shall summon the parties to a joint hearing and, with their prior agreement, shall order referral of the adolescent to community programs, with the support of their family and under the control of the institution carrying them out; if there is no agreement among the parties, the proceedings shall continue.

The Public Prosecutor's Office shall have the obligation to exercise the public action before the corresponding tribunals, in accordance with the provisions of this Law.

Nevertheless, it may request the judge to dispense, totally or partially, with the prosecution; to limit it to one or several violations or to any of the persons who have participated in the act, when dealing with an act which, due to its insignificance, the minimal nature of the contribution as participant, does not affect the public interest.