In recent days, the apprehension of a 17-year-old adolescent for the fourth time in the Nueva Prosperina sector, in the northwest of Guayaquil, was learned.
The young man is pointed out as being one of those involved in collecting money from locals and intimidating citizens. According to police chief Christian Mayorga, despite previous apprehensions, this subject takes advantage of two situations (a disability in one arm and being a minor) to come up with alternative measures and continue on the streets.
For the fourth time, the Police detain a 17-year-old teenager who threatens and shoots against commercial premises in the northwest of Guayaquil
Precisely the second is one of the arguments that criminal gangs take into account when recruiting minors since they cannot go to jail, according to the Code for Children and Adolescents.
Article 305 of the Code establishes that adolescents are not criminally liable, so they cannot be tried by ordinary criminal judges and that the sanctions cannot be those provided by law. On the other hand, if they commit offenses classified as criminal, they must be sanctioned with socio-educational measures for their responsibility.
In the case of boys and girls, they are unimputable and are not responsible for what they are not subject to socio-educational measures.
“If a boy or girl is caught in cases that can be considered in flagrante according to article 326, they will be handed over to their legal representatives and, if they do not have them, to a care entity. Their detention and preventive hospitalization is prohibited, ”he indicated.
10 adolescents involved in the murder of police officers and attacks in Durán were not detained due to restrictions in the law
Article 321 provides that the deprivation of liberty of an adolescent can only be ordered as a last resort and can be revoked at any stage of the process.
“The adolescent who is in custody, preventive detention or serving a measure of deprivation of liberty, will do so in specialized centers that ensure their separation from adults who are also detained”, indicates article 322.
The socio-educational measures that are available to an offending adolescent in order to achieve social integration and repair the damage caused can be:
- Reprimand (verbal recrimination of the adolescent and his parents or representatives).
- Imposition of rules of conduct.
- Guidance and family support.
- Repair the damage caused.
- Community Services.
- assisted freedom
- Home hospitalization.
- Weekend internment.
- Internment with semi-liberty regime.
- Internment in a center for adolescent offenders.
This last measure applies to people over 14 years of age and for offenses that are punishable by imprisonment under ordinary criminal law, while it will only apply to children under 14 years of age in cases of murder, manslaughter, rape, plagiarism of persons and robbery with death. (YO)
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