La Entrevista del Niño, Niña o Adolescente como Prueba de Referencia en los Delitos Sexuales

Abstract

This master's thesis in criminal law, entitled "The interview of the boy, girl or adolescent in sexual crimes as a reference test", corresponds to a descriptive work, with an expository orientation, whose purpose is to address a problem and deepen the different aspects inherent, in front of a topic about which a lot has been written; However, just as there is an extensive bibliography, injustices committed within the development of the processes that are followed for sexual crimes, in which children and adolescents (hereinafter, NNA) appear as victims. In this regard, this study revolves around the following question: can the judge consider the criminal responsibility of the accused proven with a formal assessment of the forensic interview that is carried out on the child, allegedly the victim of a sexual act? Although the answer to this question is in the law itself, we must approach the subject in a descriptive way and delve into it, in order to identify with sufficient conceptual and empirical clarity what happens in practice.