La responsabilidad penal para niños, niñas o adolescentes que han incurrido en la comisión de un delito

Abstract

The Criminal Responsibility System for Adolescents enshrined in the Law 1098 of 2006, contains the rules and principles as well as judicial proceedings and administrative bodies that govern or are involved in the investigation and prosecution of criminal conduct made by children or adolescents who are between fourteen and eighteen 14 18 when committing the unjust. As regards our research are the measures established as a form of sanction, its application according to the crime or the criminal offense and flexibility thereof, is the criticism that it is incumbent on the issue of reference, guarantees, and impediments that same law provides is what has allowed to continue committing crimes of various sorts by children or adolescents. This article describes and explains reflection procedures applicable in the current accusatory penal system against children, child or adolescent offenders, taking into account the differences in treatment established in correspondence with the age of these. It was then part of finding the source of responsibility is accountability, which is predicated of those over fourteen (14) and under eighteen (18) years, and describe the safeguards Act 1098, Code of Children and adolescence, devoted to these people throughout the criminal process, a conformity analysis is made to the provisions of Article 177 of the Code for children and adolescents regarding different sanctions for children or adolescents who have incurred the commission of a crime and as these become repeat offenders, a description of the different national rules, treaties and international agreements concerning the issues and finally an analysis of jurisprudence needed to clarify the concepts of responsibility, protection and security thereof