Análisis del sistema de responsabilidad penal para adolescentes: Enfoque legislativo y jurisprudencial de la sanción, desde la perspectiva constitucional de la protección reforzada a niños, niñas y adolescentes en Colombia.”

Abstract

With the emergence of the Criminal Responsibility System for Adolescents, the Colombian State proposes a change in the Legal System applicable to minors who commit criminal behavior, maintaining the understanding of children and adolescents as responsible subjects of rights and citizens of special legal and Constitutional protection, making the family, society and the State responsible for the development and development in the community through the Institutions as central actors of this protection and guarantees of the safeguarding of their rights and free development.

The purpose of this Criminal Responsibility System is the application of a pedagogical, specific and differentiated criminal process with respect to the adult system; guaranteeing restorative justice, truth and reparation for damage by the adolescent. At the same time, the guiding principle of the judicial authorities is the preferential application of the principle of opportunity, in accordance with the principle of comprehensive protection, specifying that the execution of sanctions must respond to the need to restore violated rights and inclusion in society; differentiating each adolescent and the circumstances that led him to commit the crime to fully comply with the pedagogical and restorative purpose of the System.

This recognition has generated that adolescents in conflict with criminal law enjoy the same protection as all boys, girls and adolescents and for this reason the authority of the authorities to exercise surveillance and implement relevant protection measures for achieve the restoration of the rights of adolescent offenders; In addition to this, the observation of the execution of a Criminal System of particular sanctions, with criminal guarantees established in the Constitution and in the Law.