The unimputable infraction of the child in Mexico
In Mexico it is considered that the minor offends is imputable, that is, it does not have the ability to want and understand the negative of the crime. Being unimputable, it lacks an element in the theory of crime, which is formed by action, type, antijuridicity and guilt, the imputability being the budget of guilt. No one can be guilty if they do not have the ability to know that what it does is wrong, for that reason, the minor does not commit crimes and therefore it is not possible to apply a penalty.
This can be reaffirmed by article 84 of the General Law of the Rights of Girls, Children and Adolescents that says that: the federal authorities, of the federal, municipal entities and of the territorial demarcations of the Federal District, within the scope of their respectivecompetences, will guarantee that girls and boys to whom the commission or participation is attributed to a fact that the law indicates as a crime is recognized that they are exempt from criminal responsibility and guarantee that they will not be deprived of liberty or subject to any procedure, but thatThey will be only subject to social assistance in order to restore them, where appropriate, in the exercise of their rights.
While in the National Law of the Integral Criminal Justice System for Adolescents in the first article, it establishes that the law itself will be applied to those who attribute a conduct typified as a crime by criminal laws and have between twelve years fulfilled and less thaneighteen years of age and that they are the competence of the Federation or the federative entities, within the framework of the principles and rights enshrined in the Political Constitution of the United Mexican States and in the international treaties of which the Mexican State is part.
In the case in which any authority is aware of the alleged commission or participation of a girl or child in a fact that the law indicates as a crime, will immediately give notice to the competent Protection Attorney’s Office. Girls or boys, in no case may they be detained, retained or deprived of their liberty by the alleged commission or participation in the fact that the law indicates as a crime.
Whenever a minor is in the context of the commission of a crime, those who exercise parental, guardianship, guard and custody will immediately be notified.
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