La Sanción y los Tipos de Sanciones Dentro del SRPA, un Análisis en Forma y en Aplicación

Abstract

The Criminal Responsibility System for Adolescents is a conglomerate of legal provisions that guide the proceedings of the Judicial Branch in cases where criminal law is violated, taking as a special element, the fact that the defendant who is intended to be held responsible for typical behavior is a teenager. This system, while intended to be different from the regular Criminal Indictment System in terms of its guiding principles, institutions and subjects acting within the process ahead, is oriented according to Law 599 of 2000. It is for this reason that despite being a differential system, it is not properly regulated in a unique way in many of its elements, however, the Code of Children and Adolescents, Law 1098 of 2006, in Chapter V, lays the basis for one of the main elements that constitute a criminal system: sanctions attributable to conduct that is criminal, in particular, penalties that may be imposed on a teen when he or she is criminally responsible within the Adolescent Criminal Responsibility System. These sanctions include admonition, the imposition of rules of conduct, the provision of services to the community, assisted freedom, detention in the semi-closed environment and deprivation of liberty in the Specialized Care Centre. This document will address the study of each of the sanctions envisaged, as well as an analysis of the application within the Colombian context of them, contrasting the implementation of this model with respect to the guiding principles that should guide the persons involved in that process and whether the minimum guarantees of the defendants are respected, with special emphasis on the vulnerability condition in which they are located.