No doubt, this is likely one of the topics that produces essentially the most social battle, the accountability of minors.
Within the media we learn and see how girls and boys below the age of 18 commit severe crimes, even homicide. What occurs to those minors?
Concerning the below 18 and over 14, following a coverage the place precedence is the combination of minors in society, the legal age of majority has been established at 18 years and the internment measures are established as distinctive, and in juvenile facilities. That’s, if the crime is dedicated by an individual below 18 years of age, they don’t undergo deprivation of liberty in jail.
Article 19 of the Penal Code refers minors below 18 to the Juvenile Regulation, and this Regulation regulates a “particular legal process” by way of the Juvenile Courts. The Juvenile Choose will have the ability to assign sanctions to the minor, and as now we have identified beforehand, she or he could even intern them in a juvenile heart. When the Investigating Choose considers it applicable, after listening to the lawyer, the Public Prosecutor’s Workplace and fulfilling a sequence of necessities (not a really severe crime, with out violence, and so on.) minors below 21 are additionally judged by Juvenile Judges. With this measure they will benefit from the particular measures of social reintegration (educational, cultural applications and so on …).
Concerning the below 14 years These are usually not topic to any legal accountability, making use of solely the civil provisions for the safety of minors, assessing the scenario of the minor and taking sufficient safety measures. That’s, there isn’t a crime (the legal authority doesn’t intervene) and the executive authority intervenes, usually Social Providers, and administrative measures are taken whether it is verified that the minor is in a scenario of helplessness.
That is the present authorized scenario, with the social strain that exists on minors who commit very severe crimes equivalent to murders, we have no idea if the legislator will give in in the long run or will proceed to use the precept of social reintegration in a determine manner.