El sistema de justicia penal juvenil y el Ministerio Público
"The Juvenile Justice System and the Public Ministry" is the result of a research documentary, with a design bibliographic and descriptive level, which was from an analytical and critical perspective on the performance of the Public Prosecutor Juvenile Criminal Process in order to demonstrate its pe...
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2013
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| Accés en línia: | http://hdl.handle.net/10872/4368 |
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| Sumari: | "The Juvenile Justice System and the Public Ministry" is the result of a research documentary, with a design bibliographic and descriptive level, which was from an analytical and critical perspective on the performance of the Public Prosecutor Juvenile Criminal Process in order to demonstrate its performance from the research phase to determine the results of the same, in the stage of the criminal from the aspect of access to justice. The work is divided into three sections: The first contains the historical evolution of Juvenile Justice in the World and the historical evolution of the juvenile Justice in Venezuelan law, based on an analysis of the historical process in order to understand the current conception of our justice in the juvenile system, the change of the irregular situation doctrine, Doctrine of Integral Protection and the Public Ministry's position on these two systems, incorporating doctrine and comments from the rules and principles of the UN United on the topic. The second part, an overview based on an analysis in brief on Guiding Principles and safeguarding System Adolescent Criminal Responsibility, justified by the development of a juvenile justice system distinct from adults. The Third Public Ministry intervention in the various phases of Adolescent Criminal Process: High, Middle, trial and execution, and the difficulties to adequately perform their function, statistical data, analyzes important point in reference, although true in terms of the new role that it has to bear in the context of juvenile justice, being in charge of the exercise of criminal action, the fact remains that presents obstacles in carrying out their functions which are important to highlight. Concluding that juvenile crime will not go away just by the new function that should perform the public prosecutor, but it can be said that it would increase its effectiveness by having modern legislation and consistent with current social reality of our country; effectiveness would increase if some aspects were modified, as the police investigation was in its functions expeditiously, more courts in different states, have care institutions with programs and equipment needed to monitor sanctions imposed, all of which prevent impunity and allow the Attorney General to make more effective individual rights and strict respect of fundamental rights of due process. |
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