INFORMATION OF INTEREST - accept as a prosecutor to the victim in criminal proceedings involving minors
Wednesday, July 14, 2010
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This is the second time that there has been a failure of this nature in the province of Santa Fe Experts say that this is actually repealed Article 5 of the Criminal Procedure Code that prevents prosecution under old.
Dr. Jorge Juárez, lawyer Rosario, confirmed this morning that the Board 2 meetings of the Appeals Chamber of that city agreed to a victim as a complainant in a case involving a minor.
As reported, the criminal event was detected in the month of February, when a family had gone on vacation but one member was attending regularly at home to make sure everything was okay. At that time, it is considered that there was a supply and a group of thugs entered the purpose of robbery.
Finally, criminals took $ 400,000 and half a kilo of gold found in the dwelling unit as an investigation begins to find those responsible. After a time it is determined that the fact involved a boy of 16 who is identified and monitored for accountability.
In this context, the court will take statements as a defendant and, according to counsel, "the key is" in the magistrate's decision that "although the law of the Code of the child victim be prohibited from acting complainant civil ", decided to give this place.
also worth noting that our capital had a similar resolution when 2 nd Chamber also took the same determination declaring the unconstitutionality of Article 5 and the victim accepted as a prosecutor. For these reasons, Juarez believes that "was repealed in fact" that Article. On this particular clarified that it applies only to these cases and left exposed to "human rights are also victims." Figures that hurt
former judge and former city attorney said Rosario, according to numbers from a study in Rosario, in nine years there were 68,000 cases identified involved with minors. Of that total, were issued in the four courts, only 74 convictions (35 in one case).
Given this situation, Juárez considered as "one of the problems" of these cases "that the juvenile courts in their supervisory role, trying to re-educate" therefore "sentence is almost like admitting that they failed in that attempt."
For him, "the key data are working on the first case, the first time that the child has a relationship with the crime." For this opined that "we must give one, two, three times, but not 70."
Dr. Jorge Juárez, lawyer Rosario, confirmed this morning that the Board 2 meetings of the Appeals Chamber of that city agreed to a victim as a complainant in a case involving a minor.
As reported, the criminal event was detected in the month of February, when a family had gone on vacation but one member was attending regularly at home to make sure everything was okay. At that time, it is considered that there was a supply and a group of thugs entered the purpose of robbery.
Finally, criminals took $ 400,000 and half a kilo of gold found in the dwelling unit as an investigation begins to find those responsible. After a time it is determined that the fact involved a boy of 16 who is identified and monitored for accountability.
In this context, the court will take statements as a defendant and, according to counsel, "the key is" in the magistrate's decision that "although the law of the Code of the child victim be prohibited from acting complainant civil ", decided to give this place.
also worth noting that our capital had a similar resolution when 2 nd Chamber also took the same determination declaring the unconstitutionality of Article 5 and the victim accepted as a prosecutor. For these reasons, Juarez believes that "was repealed in fact" that Article. On this particular clarified that it applies only to these cases and left exposed to "human rights are also victims." Figures that hurt
former judge and former city attorney said Rosario, according to numbers from a study in Rosario, in nine years there were 68,000 cases identified involved with minors. Of that total, were issued in the four courts, only 74 convictions (35 in one case).
Given this situation, Juárez considered as "one of the problems" of these cases "that the juvenile courts in their supervisory role, trying to re-educate" therefore "sentence is almost like admitting that they failed in that attempt."
For him, "the key data are working on the first case, the first time that the child has a relationship with the crime." For this opined that "we must give one, two, three times, but not 70."
Source: Notife/LT10
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