RT info:eu-repo/semantics/doctoralThesis
T1 El menor infractor ante el proceso penal: Especial consideración de su derecho de defensa
A1 Jiménez Martín, Jorge
A2 Universidad de Valladolid. Escuela de Doctorado
K1 Derecho penal
K1 Minor
K1 Menor
K1 Right of defense
K1 Derecho de defensa
K1 56 Ciencias Jurídicas y Derecho
AB In this work we have studied and analysed in depth the status of the juvenile offender, investigated or accused, in criminal proceedings. We have dedicated special attention to the configuration of their right to defence, in order to try to improve the standard of protection of this right of the minor through good practices, new legislative provisions and reforms that we consider necessary and essential, in the light of the international regulations signed by Spain, to guarantee this protection.The juvenile process is governed by the singularity of the subject to whom it is addressed, a minor -that is, a person who has not reached the age of 18 and who is in the process of evolution and change-, and by the aim of achieving maturity, re-education and social reintegration as an adult, which explains many of the special features of this process. It is essential to study in depth how to determine age in cases where there is a lack of documentation and to study the impulsive behaviour that affects the juvenile offender. Our society is witnessing growing alarm at the disruptive behaviour of minors, the appearance of new phenomena such as filial-parental violence, school violence or group violence, and facts such as the progressive decrease in the age at which drug consumption begins, with the logical appearance of associated behavioural problems. For this reason, we are also dedicated to analysing the impulsive behaviours that are found in the profile of all minors subject to juvenile justice. It is enough to examine the reports of the Technical Teams to see in them most of the characteristics that show impulsivity. It is therefore interesting to analyse what specific treatment is given to this impulsivity that is evident in minors from their first contact with juvenile criminal justice. Once Directive (EU) 2016/800 of the European Parliament and of the Council of 11 May on procedural safeguards for juvenile suspects or accused persons in criminal proceedings has been approved, we proceeded to analyse the most significant points of the Directive with a view to its transposition into Spanish law, those that could generate some problem in practice or that it would be advisable to approach with a greater legislative perspective. All the issues raised in the Directive were analysed in the light of our current legislation, proposing good practices in the field of juvenile justice both in Spain and in the European Union.And, after the deadline set for its transposition, 11 June 2019, we tried to delve deeper into the interpretation that should be given in the light of the direct application of the Directive to the right of defence of the investigated or accused minor. Our research leads us to propose improvements and reforms in areas that affect the right of defence of minors and, specifically, in the need to have a procedure for determining age, in the improvement of the configuration of the right to information of minors under investigation or accused, in the express regulation of the right to be heard of minors under investigation, the minor's right to interpretation, the minor's right to his or her own image, privacy and honour, and the minor's right to defence, with special attention to legal assistance, proposing the creation of such relevant figures to guarantee the defence as the minor's defender and the guardianship defender.
YR 2022
FD 2022
LK https://uvadoc.uva.es/handle/10324/59769
UL https://uvadoc.uva.es/handle/10324/59769
LA spa
NO Escuela de Doctorado
DS UVaDOC
RD 24-nov-2024