El menor infractor y las claves para su tratamiento rehabilitador

Abstract

Not every young offender will be subjected to criminal prosecution, because the child's best interests should prevail. The LORPM and the usus fori, drive the search for extra-judicial solutions, when permitted by law and the circumstances so warrant, especially through the empowerment of the agreements between the victim and offender and the application of the conformities in order to reach specific agreements on criminal conduct, qualification and criminal legal consequence. The law gives judges resources to ensure that the juvenile offender returns to the community in a constructive way. However, in case of serious or repeat offenses or habitual criminal conduct, it is understood that it is not convenient or possible not to prosecute the facts. The flexibility the law proclaims may lead to reduce or even cancel a measurement; that is, if we can understand that the evolution of the child has demonstrate that the young offender has overcome the problem that caused him to commit crime.