Bill 151.

Summary.

The bill amends provisions of the special criminal responsibility regime for adolescents. Article 1 provides that related matters not expressly regulated under that regime would be governed supplementarily by the Criminal Code and the Criminal Procedure Code (Law 63 of 2008), provided their rules do not conflict with or diminish adolescents’ rights and safeguards. Article 2 establishes grounds for absolute nullity, resulting in dismissal of the case, where the full exercise of the rights and safeguards in Articles 16 and 17 of the amended law is impeded or the principles of concentration and separation of functions are breached. Nullity would be incurable when directly attributable to a prosecutor’s or judge’s breach of duties to safeguard due process. If individuals or public servants may have violated a safeguard, the judge would order an investigation of responsibility and the corresponding sanctions without halting the pending adolescent proceeding.

Where adolescents and people who have reached eighteen years of age take part in the same acts, Article 3 requires separate case files and proceedings before the competent authorities. The judges in both jurisdictions must send each other relevant evidence and procedural records on their own initiative. Evidence obtained by officials of the Public Prosecutor’s Office (Ministerio Público) would have full evidentiary value without ratification. A favorable decision concerning another person linked to the acts could benefit the adolescent after the judge verifies that the facts and circumstances are the same.

Article 4 allows proceedings to end through conciliation except those arising from completed intentional homicide, rape, kidnapping, robbery, terrorism or illicit drug trafficking. Conciliation cannot be authorized if it infringes the adolescent’s best interests. If the person under investigation reaches adulthood during the proceeding, they may request, personally or through counsel, favorable application of the plea agreements or alternative dispositions under Article 220 of Law 63 of 2008. The judge could deny the request only if it affects that person’s interests. Article 5 requires the adolescent criminal judge to conduct the trial on an equal footing, without questioning witnesses or producing evidence for or against either party.

Articles 6 and 7 assign appeals from first-instance decisions to the Superior Court for Children and Adolescents (Tribunal Superior de Niñez y Adolescencia), and cassation and review to the Second Criminal Chamber of the Supreme Court of Justice (Sala Segunda de lo Penal de la Corte Suprema de Justicia). Appeals and other remedies would follow the Criminal Procedure Code. The bill also provides for absolute nullity of steps taken after the repeal of Book Three of the Judicial Code (Código Judicial). Appeals from decisions that the Superior Court issues at first instance would go to the Second Criminal Chamber, the First Civil Chamber of the Supreme Court of Justice (Sala Primera de lo Civil de la Corte Suprema de Justicia), or the Supreme Court’s full bench, depending on whether they concern adjudication of an offense, protection of children’s and adolescents’ rights, or constitutional safeguards. Articles 8 and 9 identify the amended provisions of Law 40 of August 26, 1999 and set commencement for the day following promulgation. The provisions concern the courts and the Public Prosecutor’s Office, as well as adolescents under investigation, their counsel and others involved in connected criminal proceedings.