Juvenile Justice Process: Reform, Prosecution, and Reintegration
1. Beginning of the Reform Process
The reform process may not commence if the Prosecutor decides against opening a file. This occurs when allegations are minor offenses, lack violence or intimidation, and the child has no prior offenses. The focus is on educational and family solutions. Principles of opportunity include:
- Reconciliation between the child and victim in less serious cases without violence, leading to file closure upon commitment to repair.
- File closure if the accusation is understood and accepted by the child, or if intervention is deemed unnecessary due to time elapsed since the offense, provided it’s not serious.
- Suspension of measure execution (not exceeding two years) if the child commits no new offenses and engages in probation or socio-educational work.
- Replacement of measures, if in the child’s best interest.
2. Role of the Prosecution
The Prosecution directs the investigation and decides whether to proceed with a complaint. They can withdraw the file for minor offenses. Actions restricting fundamental rights require court authorization from the Juvenile Judge, who ensures respect for these rights. There is no hierarchical subordination between the Prosecutor and the Judge.
3. Private Prosecution
Directly offended parties, their parents, heirs, or legal representatives can act as private prosecutors. They have rights and duties, including:
- Bringing private prosecution.
- Requesting legal measures.
- Accessing proceedings and being informed of steps.
- Proposing evidence (excluding psychological, educational, family, and social aspects).
- Participating in evidence practice.
- Being heard in incidents and measure amendments.
- Participating in hearings.
- Utilizing available remedies.
4. Legal Procedure
Territorial Jurisdiction
Jurisdiction lies with the juvenile court in the minor’s domicile. If connected crimes occur in different locations, the domicile court prevails. Pre-trial, the juvenile court ensures respect for the child’s rights during the investigation initiated by the Prosecutor.
Instruction Phase
The Prosecutor assesses the plausibility of facts, relevance to criminal activity, and involvement of minors. Preliminary measures determine if the complaint is admitted. The instruction aims to establish facts and propose educational measures based on a technical team’s report. Precautionary measures, including custody (max 24 hours), are decided by the Juvenile Judge. The Prosecutor has 48 hours to decide on release or initiation of the case. Within 72 hours of arrest, the minor must be brought to justice.
Intermediate Stage
The Prosecutor refers the file to the juvenile court, including written statements and evidence. The minor’s Counsel is notified. A hearing is set, allowing the Counsel to submit a written statement within 5 days. Conformity can occur if the child accepts the Prosecutor’s terms.
Hearing Phase
The hearing date is set, with or without publicity, but media dissemination of images is prohibited. The child’s attendance is determined by the judge, but the Counsel’s presence is mandatory, along with the technical team. Representatives’ attendance is optional unless the court decides otherwise. Another attempt at conformity can occur. If not agreed, evidence is presented. The judge hears the Prosecutor, Attorney, technical team, and the child.
Ruling and Resources
The judge passes sentence within 5 days, with motivation and understandable language. Suspension of the measure is possible if the child is not convicted of new crimes and commits to reintegration. The court may order probation or socio-educational tasks. Sentences can be appealed to the Provincial Court or the Supreme Court’s 2nd Chamber.
5. Child Reintegration Measures
Measures include internment, semi-open custody, treatment, day care, weekend stay, probation, living with another person or family, educational benefits, socio-educational tasks, reprimand, driving license deprivation, and disqualification for honors and public positions.