Restorative Youth Justice in Peru
Introduction
The remission is the separation of the adolescent’s judicial process that has committed an infraction to the criminal law that does not have greater gravity, in order to avoid the negative effects that a process will bring, trying to give it a specialized orientation aimed at correcting their conduct andcontribute to your personal and social development.
The referral is expressed in the provision of abstention of exercising the public criminal action, issued ex officio by the prosecutor in charge of the investigation under the attribution conferred by subsection ‘B’ of article 204 of the Children’s Code and Adolescents(CNA) and notified to the procedural subjects (teenager, their parents, defense and the aggrieved party), in order not to enter the criminal system provided that it jointly compromises that their parents or responsible to follow ‘supervised orientation programs’ programs’For the Mindes. The content of these programs must be appropriate to the age, development and ability of the adolescent, through a diagnosis of its skills that allows you to guide its occupational profile and organize a life project, in order to integrate it into its social and family environment.
The remission is nothing other than ‘to’ refer ‘to the adolescent to the institutions of the community so that they provide an answer, different from the criminal sanction, in this sense, it works within the criteria of as an alternative to the judicial process itself (Mechanism Opportunity for fun, deformalization or dejudicialization) and also as an authentic alternative exit against the punitive response, that if the judicial process began and completed, the judicial process would probably be imposed on it. The remission is supported by Peru in the Convention on the Rights of the Child, in its article 40. In turn, the remission is treated amplitudely in the minimum rules of the United Nations for the administration of minors justice – Beijing rules. Particularly the eleventh rule of this document. The remission can be applied to the adolescent who has committed an infraction to the criminal law before the process or during it. Before the process, the referral can be arranged by the family prosecutor, and to this it is commonly called fiscal remission. During the process, the referral can be arranged by the Family Judge or by the Family Chamber, in any state of the process and this is what is commonly called judicial referral.
Developing
The fundamental objective of the remission is to rescue the adolescent who has committed an infraction to the criminal law that is not serious. You want to prevent this teenager from entering the vicious circle that is often opened when a judicial sanction is issued. In other words, the remission wants effectively to comply with the guarantee established in article 191 of the CNA: ‘The infringing adolescent justice system is oriented to its rehabilitation and to direct it to its well -being’.
Avoid the teenager who has committed an infraction that does not gravity magazine, the negative effects that a judicial process can lead to him: the legal consequences of a sentence necessarily hard and traumatic at such a short age, the social marginalization that can result from the passage throughthe criminal system: the danger of being stigmatized as a ‘dangerous person’;Personal shame and consistent family tension The non -desirable contact with other processed or sentenced adolescents, who present more serious behavior problems;The consistent danger of worsening adolescent behavior.’Offer the teenager the opportunity to modify their behavior by fulfilling an orientation program. In this way, the remission stimulates the adolescent to follow the path of their best personal and social development, and to move away from the crime. Seek compensation of the damage inferred to the victim of the violation of the criminal law (art. 206 CNA).
REMISSION CHARACTERISTICS
According to the previously glossed norms, we can point out that the remission at the fiscal level is characterized that it is an institution of the youth criminal justice framed within the criteria of occasions nuances other than those regulated in the justice of adult justice.
In the code of children and adolescents we have:
- Article 223.- Concept.- The referral consists in the separation of the adolescent offender from the judicial process in order to eliminate the negative effects of said process.
- Article 224.- Acceptance.- The acceptance of the remission does not imply the recognition of the infraction attributed or generates a history.
- Article 225.- Requirements.- When the referral is granted, it should be borne in mind that the infraction does not magazine Gravity, as well as the background of the adolescent and his family environment.
- Article 226.- Adolescent orientation that obtains remission.- To the adolescent who is separated from the process by remission, the corresponding socio-educational measure will be applied, with the exception of hospitalization.
- Article 227.- Consent.- The activities carried out by the adolescent as a result of the referral of the process must have their consent, that of their parents or responsible and must agree with their age, their development and their potentialities.
- Article 228.- Granting of the remission by the prosecutor, the judge and the Chamber.- Before initiating the judicial procedure, the prosecutor may grant the referral as a form of exclusion of the process. Initiate the procedure, and at any stage, the judge or the Chamber may grant the remission, importing in this case the extinction of the process.
conclusion
Family factors and social environment are in the center of the problem surrounding youth crime where the State fulfills a transcendent role and that the increase in crime is the product of its inability to generate socialization structures, in many cases, its responsibilities and responsibilities andDuties as government do not reach all urban sectors.
Crime is seen as a lack of control, the lack of monitoring and supervision during childhood development youth justifies the appearance of behaviors that are far from those who express the ideal concept of childhood and youth. The apparent failure of theconventional socialization structures. And the deviated behavior outbreak justifies the intervention of other social control institutions in the educational process.
Perhaps a starting point is to start by questioning the concept of ‘youth crime’ itself. The concept of crime and the way we understand that we are not disconnected from our collective understanding of childhood and youth as Moura says. F . We tend to consider natural and permanent.
Bibliography
- Bee, h .(1978), the development of the child. Harla s.To Mexico.
- Cavanaugh C, Kail V, (2011). ‘Human development. A life cycle perspective.’. Editorial: Cengage Learning Editores, S.A. Santa Fe.
- Kemelmajer de Carlucci, A (2004) Restorative Justice: Possible response for the crime committed by minors. Rubinzal –Culzoni 1st ed.-Santa Fe.
- Moura Ferreira, P.(1997), Youth crime: family and school.
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