Libro III · Título II Capítulo V. Proceso de adolescentes en conflicto con la ley penal

When the adolescent is apprehended in flagrant violation of criminal law, he/she shall be presented immediately upon his/her detention before the competent judge. The detention shall be communicated simultaneously to the Public Prosecutor's Office, which shall act in accordance with the Law.

In no case may the detained adolescent be taken to a corps, barracks or police station or adult detention center. Whoever transfers or detains an adolescent to a place other than that indicated shall incur the crime of abuse of authority. The judge, under his/her strict responsibility, shall certify what is appropriate for purposes of the criminal prosecution of the person responsible.

In all cases, the judge when deciding the adolescent's case shall rule on the legality of the detention. Once the adolescent has been heard, the judge may issue an order of prosecution against him/her. This is appropriate only when there is information on the existence of a criminal act and sufficient rational grounds to believe that the adolescent has committed it or participated in it.

The purpose of the order of prosecution is to subject the adolescent to the proceedings. Said order must contain his/her personal identification data, a statement of the facts attributed to him/her, the legal classification of the crime or misdemeanor and its legal basis, the reasons and grounds for the decision, and the operative part. In the same order, the judge shall rule on the coercive measure to be adopted and its justification.

When the adolescent is released after his declaration, he shall appear before the judge hearing the case and/or the Public Prosecutor's Office, as many times as requested by them. The parents, guardians or persons responsible shall assume that obligation when the adolescent is under their care; in case of non-compliance, the judge may order that the adolescent be brought if his presence is strictly necessary. In cases in which the adolescent hides or is found to be in default, the judge, even without a prior declaration, may order that he be brought.

In cases of misdemeanors or crimes punishable with a penalty of imprisonment not exceeding three years or a fine pursuant to the Criminal Code or special criminal laws, if in their statement the adolescent does not admit the facts or the opportunity criterion or referral is not applicable, the peace judge shall convene, within a time limit of no more than ten days, a private hearing with the adolescent, the victim and the apprehending officers, in which the relevant evidence shall be received. The judge shall briefly hear those appearing and shall issue the definitive decision acquitting or imposing a sanction if appropriate.

The investigation shall be initiated on its own initiative or by complaint.

The Public Prosecutor's Office shall promote the investigation in accordance with the law, taking into account the restrictions that the special procedure imposes on it.

Once the complaint has been established, by any means, an investigation shall be initiated whose purpose shall be to determine the existence of the act, as well as to establish the perpetrators, accomplices or instigators. The harm caused by the crime shall also be verified.

The time limit for conducting the investigative proceedings shall not exceed two months. The Public Prosecutor's Office may request the extension from the judge on a single occasion for up to the same time limit, only in the case that the adolescent is subject to a coercive measure not involving deprivation of liberty.

Without prejudice to the investigation conducted, the judge may order:

a)That, on its own initiative or at the request of a party, the Public Prosecutor's Office carry out other proceedings.

b)The reception of anticipated evidence.

As long as there is no procedural linkage by means of the processing order, the investigation shall not be subject to time limits.

When the judge has knowledge that any adolescent has committed an act in violation of criminal law, he or she shall request the Public Prosecutor's Office to initiate the investigation.

Upon initiating the investigation, the Public Prosecutor's Office shall proceed to:

a)Verify the age and immediately inform the judge thereof.

b)Inform the adolescent, his or her parents, legal representatives or responsible persons and the judge of the violation attributed to him or her; and, where applicable, of the person accusing him or her.

c)Conduct such studies as the case warrants when necessary.

During the investigation, the Public Prosecutor's Office may request conciliation, opportunity and remission.

Once the inquiry has been exhausted or the time limit for the same has concluded, the Public Prosecutor's Office shall request of the judge, briefly or in reasoned form according to the case:

a)The dismissal of proceedings, provisional closure or archiving.

b)The accusation and opening to trial, in which case it shall indicate the facts to which the proceedings shall relate and shall attach the investigations conducted. In the accusation the prosecutor shall propose the sanction deemed most appropriate for the adolescent, providing reasoning for the legal and educational grounds for its request.

c)Request for extension of the investigation.

d)Application of the abbreviated procedure.

When an accusation is formulated and the opening of the trial or the dismissal of proceedings is requested, the judge shall order, no later than one day after its filing, notification to all parties, including the aggrieved party, if any.

In the decision ordering the notification referred to in the preceding paragraph, the judge shall set the day and time for the oral and closed hearing of the intermediate procedure, which shall be held within a time limit of no more than ten days counted from the date on which the Public Prosecutor's Office presented its request.

Between the hearing of the intermediate procedure and the notification of the request of the Public Prosecutor's Office, at least five days must elapse, so that the parties may exercise their right of defense.

The request of the Public Prosecutor's Office and the means of investigation conducted by the prosecutor shall remain in the court for consultation from the filing of the request.

On the day and time set for the hearing of the intermediate procedure, the judge shall be present at the place designated for the hearing, shall verify the presence of the prosecutor, of the adolescent and of his or her defense counsel, as well as of the other parties that have been admitted or that request their admission. The judge shall declare the hearing open. Immediately thereafter, the judge shall advise the parties of the importance and meaning of what will occur, shall instruct them to pay attention and shall grant the floor to the prosecutor to state the grounds for his or her request.

The judge shall then grant the floor to the aggrieved party or to the complainant to state his or her position regarding his or her claims and to reproduce the means of conviction on which he or she bases them.

Upon conclusion of the intervention of the aggrieved party or complainant, the judge shall grant intervention to the adolescent and to the defense counsel attorney, to state their position regarding the claims of the prosecutor and of the complainant; and, where applicable, to reproduce the evidence on which they base their claims.

All incidental issues that may arise shall be addressed in a single act, at the hearing, unless the judge decides to address them successively or to defer any of them, as best serves the orderly conduct of the hearing.

In the discussion of the incidental issues, the floor shall be granted only once, for the time established by the judge, to the prosecutor, to the defense counsel and to the other parties.

When the Public Prosecutor's Office requests the provisional closure, the archiving or the extension of the investigation, the judge shall decide within a time limit not exceeding forty-eight hours.

The decision by which the judge decides to admit the prosecutor's accusation shall contain:

a)The precise description of the fact that is the subject of the trial and the identity of the adolescent or adolescents.

b)The legal classification of the fact.

c)The subsistence or substitution of the preventive measures.

d)The description of the evidence supporting the accusation.

Once the specification of the facts and the opening of the proceedings have been favorably resolved, the judge shall summon the prosecutor, the parties and the defense counsel, so that within the time limit of five working days, they appear for trial, examine the record, the documents and the seized items, offer evidence and file such motions for recusal as they deem appropriate.

In the written offer of evidence, the Public Prosecutor's Office and the adolescent, his or her defense counsel or his or her parents or representatives, may present all the evidence they consider appropriate to be taken.

Once the time limit for offering evidence has expired, the judge shall rule, by means of a reasoned decision, on the admission or rejection thereof.

The judge may reject manifestly irrelevant evidence and order, on its own initiative, such evidence as he or she considers necessary.

In the same decision in which the evidence is admitted, the judge shall set the day and time to hold the trial, which shall be held within a time limit not exceeding ten days.

The hearing shall be oral and private, under penalty of nullity. It shall be held in the presence of the adolescent, his or her defense counsel, the victim and the prosecutor. In addition, the parents or representatives of the adolescent may be present; if possible, the witnesses, experts, interpreters and other persons whom the judge deems appropriate.

It shall be closed to the public and shall be governed, insofar as applicable, by the Code of Criminal Procedure.

At the outset, the judge shall instruct the adolescent on the importance and meaning of the trial.

Where it is necessary to address matters that may cause the adolescent psychological harm, the judge, after prior consultation with the adolescent, his or her defense counsel and the parties, may order the adolescent's temporary removal from the hearing.

The adolescent may communicate with the defense at all times, and for that purpose shall be seated next to the defense.

Where possible, the hearing room shall be adapted in accordance with the educational purpose pursued by this special procedure.

The judge shall divide the trial into two stages:

a)On the degree of liability of the adolescent in the act that violates criminal law.

b)On the suitability and justification of the sanction.

For the determination of the sanction, the judge shall be assisted by a psychologist and a pedagogue.

Once the judge has ascertained that the adolescent understands the content of the accusation and has verified the identity of the latter, the judge shall advise the adolescent that he or she may make a statement or refrain from doing so, without his or her silence implying a presumption of guilt.

If the adolescent agrees to make a statement, after doing so he or she may be questioned by the prosecutor and by his or her defense counsel. He or she may likewise be questioned by the victim or his or her legal representative. Questions shall be clear and direct, and it shall be verified that the adolescent understands them.

During the course of the hearing, the adolescent may make such statements as he or she deems appropriate, and the parties may put questions to him or her, with the objective of clarifying his or her assertions.

After the adolescent's statement, the judge shall receive the evidence in the order established in the Code of Criminal Procedure for the debate phase, unless the judge deems it appropriate to alter it.

The tribunal may order, at the request of a party, the admission of new means of evidence, if in the course of the debate they prove indispensable or manifestly useful for clarifying the truth. In this case, the hearing shall be suspended at the request of any of the parties for a time limit of no more than five days.

It may also summon the experts if their opinions prove insufficient. The necessary expert procedures shall be carried out at the same hearing, when possible.

Once the existence of an act that violates criminal law and the degree of participation therein of the adolescent have been proven, the judge shall declare it.

Upon completion of the reception of evidence, the judge shall give the floor to the Public Prosecutor's Office and to defense counsel, so that in that order they present their conclusions, the type of applicable sanction and its duration at the appropriate procedural time. In addition, the judge shall invite the transgressor and the offended party to address what occurred during the hearing.

The parties shall have the right to reply, which shall be limited to rebutting the adverse arguments presented in the conclusions.

Once the first stage of the debate has concluded and the existence of the act that violates criminal law and the degree of participation therein of the adolescent has been declared, the discussion of the suitability of the sanction shall proceed. The judge shall determine the degree of exigibility and justify the sanction imposed.

In this same act, the judge shall establish the purpose of the sanction, the duration and the conditions under which it must be complied with; for such purpose, he shall be assisted by a psychologist and a pedagogue.

The judge shall issue a final decision immediately after the hearing has concluded, based on the proven facts, the existence of the act or its atypicality, the authorship or the participation of the adolescent, the existence or the non-existence of grounds excluding liability, the circumstances or seriousness of the act and the degree of exigibility. The judge may issue the final decision up to three days after the hearing has ended.

The final decision shall conform to the general principles that guide this Law; and in particular to the following:

a)The response to adolescents in conflict with criminal law shall always be proportional to the circumstances and to the seriousness of the act, the degree of exigibility and to their circumstances and needs.

The sanctions of deprivation of liberty shall always be reasoned and shall be reduced to the minimum possible.

b)Respect for their human rights, their integral formation, their family and social insertion and their personal and cultural identity.

c)Deprivation of liberty shall only be imposed as a sanction of last resort, upon prior justification of the nonexistence of another adequate response and provided that the grounds indicated in Article 252 of this Law concur.

The following are requirements of the judgment:

a)The name, date and location of the Trial Court issuing the final decision.

b)The personal data of the adolescent and any other relevant identification data.

c)The reasoning and the decision of the judge on each of the issues raised during the final hearing, with express statement of the factual and legal grounds on which it is based.

d)The precise determination of the fact that the judge deems proven or not proven.

e)The applicable legal sanctions.

f)The clear, precise and reasoned determination of the sanction imposed. The type of sanction, its duration and the place where it must be executed shall be determined.

g)The signature of the judge.

The content of the final decision shall be personally notified to the parties in the same hearings, leaving written record of the act and the time.