Libro III · Título II Capítulo VII. Recursos

The parties may challenge the decisions of the Trial Court for Adolescents in Conflict with Criminal Law only through the remedies of revocation, appeal, cassation and review.

All decisions are revocable on its own initiative by the judge who issued them or at the request of a party, except those that terminate the procedure. The filing of the application for revocation may be made verbally or in writing, within forty-eight hours following its notification.

The judge or tribunal before whom the application for revocation is filed shall decide it without further proceedings, within the following twenty-four hours.

The motion for reconsideration shall be processed in the forms established in the Criminal Procedure Code.

The following decisions shall be appealable:

a)The one resolving the conflict of jurisdiction.

b)The one ordering a provisional restriction on a fundamental right.

c)The one ordering remission.

d)The one terminating the proceedings.

e)The one modifying or substituting any type of sanction at the enforcement stage.

f)Any others causing irreparable harm.

The appeal shall lie only by the means and in the cases expressly established. The parties may appeal only when the decision causes them grievance. When the decision has been appealed only in favor of the adolescent, it shall not be modified to the adolescent's detriment.

The appeal shall be filed in writing, within the time limit of three days, before the judge for Adolescents in Conflict with Criminal Law hearing the matter.

In the filing, the grounds on which it is based and the applicable legal provisions shall be stated; in addition, relevant evidence shall be offered, where appropriate. Upon receipt of the brief, it shall be forwarded immediately to the Chamber of the Court of Appeals for Children and Adolescents.

Once the appeal is admitted, the tribunal shall summon the parties to appear at an oral hearing and argue the appeal within a time limit of five days from the notification. Except for orders that do not terminate the proceedings, in such case, upon receipt of the case file, the tribunal shall decide within a time limit of three days and, with certification of what was decided, shall return the case file immediately.

The time limit shall be ten days when there are reasons due to distance.

The same procedure and time limit shall be used for appeals filed against the decisions issued in this subject matter and in the cases provided for by the peace judges.

Immediately after the oral hearing, the Chamber of the Court of Appeals for Children and Adolescents shall decide the appeal raised, except in complex cases, in its judgment, in which case it may decide the appeal filed within a time limit of no more than three days.

The appeal in cassation lies against the decisions terminating the proceedings and against subsequent determinations of the sanction, provided that the act does not constitute a misdemeanor.

The appeal in cassation shall be processed in accordance with the formalities and time limits established for adults in the Code of Criminal Procedure. The Supreme Court of Justice constituted as a Tribunal of Cassation shall be competent to hear this appeal.

The appeal for review shall proceed on the grounds established in the Code of Criminal Procedure. The Cassation Tribunal shall be competent to hear this appeal.

The following may seek review:

a)The defense counsel of the sanctioned adolescent.

b)The ascendants, spouse, or siblings of the adolescent who are of legal age.

c)The Public Prosecutor's Office.