La reapertura de la investigación previa dentro del proceso de juzgamiento de adolescentes infractores.

Abstract

In the present research work carried out we seek to demonstrate the level of lack of protection, the degree of affectation and violation of the rights and constitutional guarantees suffered by adolescents and victims of infractions committed by an adolescent within the process of judging adolescent offenders, especially in the pre-procedural phase of prior investigation, since, being the substantial part to begin the process, through which the prosecutor must collect all the evidence or elements of conviction necessary to determine the participation of the adolescent under investigation, many times these investigative procedures are deficient or are incomplete due to the short period established by law for their execution, therefore, if they are not fulfilled in their entirety and within the time established by law, the case is definitively archived, which makes reopening impossible. of the process despite the public criminal action not yet having prescribed. Likewise, preventing the prosecutor, despite having sufficient elements of conviction, from requesting that the judge dictate the day and time for the hearing to formulate charges against the adolescent offender, since the possibility is not contemplated in the law. to reopen the case once it has been filed. Therefore, to solve this problem we seek to propose a reform to Art. 342, third paragraph of the Code of Children and Adolescents, and add a new provision, referring to the reopening of the case, and under what criteria it can be requested, with to fill that legal gap.