Natural Legislation 8/2021, of June 4, on the excellent safety of kids and adolescents towards violence, which is able to come into power on June 21, dedicates its Chapter X to “the Safety Forces and Our bodies”. It’s commendable that prevention and motion are particularly regulated in conditions of violence that minors could also be subjected to., and that or not it’s devoted (though it solely incorporates two articles), additionally, particularly, a Chapter to the work of the Safety Forces and Our bodies.

In its article 49 it imperatively establishes the creation of models specialised in investigation, prevention, detection and motion in conditions of violence towards kids and adolescents, making specific reference to the police of native entities, assuming an advance to what’s established in Natural Legislation 1/2004, of December 28, on Complete Safety Measures towards Gender Violence, which solely talked about the Native Police as mere cooperators within the management of the safety measures to be adopted.

The duty to create specialised models could be interpreted as an issue within the police of small municipalities because of the shortage of human assets, however within the case of a authorized imposition, this impediment must get replaced with the particular dedication that the group of minors deserves. previous. The textual content doesn’t present any novelty in any of the motion standards contained in article 50, already cited above in Natural Legislation 1/1996, of January 15, on the Authorized Safety of Minors, and which had been scrupulously utilized by police and civil guards. Thus, guaranteeing respect for the rights and the most effective pursuits of minors, or lowering the follow of procedures involving minors to those who are strictly obligatory, making statements on a single event with the intervention of execs. with particular coaching.

The identical could be mentioned about the best of the minor to be accompanied by an individual of their belief freely designated by him, or the avoidance of contact with the particular person underneath investigation, which have been embodied in articles Four and 20 of Legislation 4/2015, of April 27, of the Statute of the sufferer of the crime. In my view, two points deserve particular remark: the opportunity of making a grievance by the minor with out being accompanied by an grownup, and the duty that the police have protocols for prevention, consciousness, early detection, investigation and intervention in conditions of violence exerted on minors.

The formulation of the grievance is an act of nice significance, because it should comprise all the weather that permit assessing the necessity for defense measures and supply an account of information that clearly delimits each the felony offense and the mitigating or aggravating circumstances. Solely on this approach will or not it’s doable to forestall the minor from declaring a number of instances or having to hold out investigation procedures that have an effect on him. Thus, the opportunity of them reporting on their very own must be certified. The Legislation itself does so in its article 52.three referring to complaints concerning knowledge safety, through which the receiving public official has to estimate whether or not the minor has adequate maturity.

However that maturity doesn’t assure the safeguarding of the minor’s curiosity, and I perceive that they need to be assisted by specialised legal professionals previous to the grievance, as is finished with victims of gender violence (Protocol of motion and coordination of the Forces and Corps of State Safety and legal professionals within the face of gender violence regulated in LO 1/2004, of December 28, on complete safety measures towards gender violence). The intervention of the lawyer doesn’t limit the liberty of the minor to specific himself and makes it doable for the grievance to comprise the required parts.

The opposite situation is that of police motion protocols. Being the curiosity of the minor a precept worthy of the best safety, A single protocol must be revealed for all Safety Forces and Our bodies. It exists for the case of victims of gender violence, and it ought to exist for the therapy of violence towards kids and adolescents. Solely on this approach can or not it’s assured that each one minors residing within the nationwide territory are beneficiaries of the identical rights.

Failure to approve a single protocol may generate a form of peasantism just like the one that happens in some issues that additionally have an effect on minors. By means of instance, though many could possibly be cited, within the case of reconstituted households the opportunity of exercising parental authority is simply contemplated within the Aragonese and Catalan foral laws, omitting Frequent Legislation, and the identical happens in issues such because the entry to parenting coordination. It’s It’s subsequently really useful {that a} single motion information device be applied all through the State., and extra, taking into consideration that the Legislation imposes the creation of specialised models within the Native Police, very various by way of materials and human assets and by way of intervention standards.

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