ANYTHING GOES WITH NO CHILDREN
Front
PP's proposal to lower the age of criminal responsibility from 14 to 12 years, experts call for more educational measures - What is with less than 11 years in prison 69 times for misdemeanors?
"more and more young offenders in Spain? Is there a large number of children under 12 committing murder and rape? Is it necessary to reform the law because it does not work? Can you make something out of the penal system with those under 14 who commit crimes?
"more and more young offenders in Spain? Is there a large number of children under 12 committing murder and rape? Is it necessary to reform the law because it does not work? Can you make something out of the penal system with those under 14 who commit crimes?
The issue has jumped into the electoral debate after that Mariano Rajoy announced this week two measures be implemented if the Popular Party wins the next election: first, that the criminal age be lowered from 14 to 12 years for felonies, and second, that all children who meet at a measure of reform to pass an adult prison at 18 years. The English Committee for UNICEF has expressed "disquiet and concern" over the proposal.
The data refute the need to lower criminal age: those under 14 who commit serious crimes "can be counted on the fingers of one hand," says the Child Protection Agency of the Community of Madrid, Arturo Canalda (named by the PP, which governs in Madrid). The Interior Ministry figures bear this out: there's usually just a homicide or murder every year. And a large number of international experts gathered this week in Madrid at the First International Congress on Juvenile Criminal Responsibility, organized by the regional government have agreed on two points. First, the great social alarm caused by cases that come to the media does not correspond with reality. And second, that these guys impose criminal punishment has no positive effects and is not necessary. The proposal of the majority of academics and lawyers has been asking the improvement of socio-educational measures and their implementation.
"Mariano Rajoy has collected with his initiative the tears of the mother of Sandra Palo [the 22-year-old disabled, who was brutally kidnapped, raped, repeatedly hit and killed by three children who were over 14 years], "said Tuesday Alfredo Prada, second vice president of the Community of Madrid and Minister of Justice, following the opening of Congress. At the close, the next day, the words of the National Court judge Javier Gomez Bermudez could serve to meet Prada " From the perspective of the victim, the requirement of the eye for an eye is perfectly understandable. But an eye for an eye leads to chaos socially and degrades the human quality citizens. "He added that any penalty to be imposed on offenders" can calm the anxiety of the attacked ", so that solutions to the problems of juvenile offenders should be raised with" serenity, honesty and above all, responsible ". So, what is it that the State, responsibly, to do with these children?
A psychologist from Madrid social services poses a recent case. Three girls committed a robbery planned parents' house from a friend. Two were 13 years. Another, 14. The latter was criminally responsible and risked being placed in a center, but eventually was given a probation measure. The other two did not think of anything. Were not responsible. Entered the child welfare system and social services tried to work with them and their families. But without success. The girls were clear that the law does not force anything, and did not have to attend appointments with the psychologist. It was impossible to involve families and make a social intervention. And every time the bands are more common in children 10, 11 and 12 years, almost always run by adults, which are covered by their lack of criminal responsibility stolen mobile phones on the street and rob the bank ATM. Sometimes the police come to arrest up to 69 times to the same child.
Clearly there have to respond to these cases, mostly to try to stop the 15 years these guys are a professional criminals. But if they lower the age of criminal responsibility at 12 years, the same argument could be raised then males 9, 10 or 11 years. How far are we willing to lower the limit of criminal responsibility? Are you aware of a boy of 12 years which is his crime? And above all, who said that the penal response is the only possible or the best? Why not require the State and its institutions to launch seriously, social protection systems and educational?
"The criminal law can not solve everything, "said Jocelyne Castaignéde French, Professor of Criminal Law and Criminology at the University of Pau. In France there is no minimum age of criminal responsibility but it is the judge in each case, which should test the ability discernment of the child. It is an unusual formula in Europe, because in almost all countries have opted for the criterion of age, although this varies: 10 years in England and Wales, 12 in the Netherlands, 14 in Spain, Germany, Austria and Italy, 15 in Switzerland and 16 in Belgium and Luxembourg. Each of the speakers alluded to Congress to the need for education and prevention policies, not criminal, was followed by applause and cheers from the audience, which filled the Palacio de Congresos.
But what these possible measures are realized "educational and social"? What can be done outside the criminal law when a child under 14 commits a crime? "For many things," says the voice of the Supreme Judicial Council and a former juvenile prosecutor Félix Pantoja. "Through the prosecutor and with the permission of the family court may impose compulsory measures and even restrict the rights of the child as his liberty." Remember the case of a boy with a serious drug problem that routinely committing petty crime and was under the tutelage of an autonomous community. Since the prosecution asked the judge to authorize not let him leave the center where she lived for a time, to work with him. And it was done.
"The protection system has sufficient tools to be able to take such measures," he continues Pantoja. "But in practice all else fails, prosecutors often did not act, protection systems leave much to be desired with teens and preteens, teachers have few resources, few media ... and it makes no sense to replace it with the criminal action because often has the same shortcomings. Of course, allows for faster lock up the kids, and it seems that's how we we were more relaxed. "Two psychologists social services locals also call for greater support and help from the lower tax." Without them we are lost, "said one." For the children and their families, know that we have no way to force them to collaborate on anything. "
When the protection is autonomous, it is easier to speak with the guys and ask for court action when they are with their parents. Not to mention when it is itself family that encourages them to commit crimes. If the situation is severe, the courts can declare the situation of risk or abandonment of the child and remove the guardianship of the parents. It is not always easy, and judges and prosecutors are often reluctant to remove a child from the family. So, in these cases, the growing sense of impunity. The Children's Ombudsman, Arturo Canalda agree to lower the age of criminal responsibility, but only "in exceptional cases." And he insists that it is essential to establish educational measures that may be imposed on a "compulsory and coercive." "Even with economic sanctions for parents who want to collaborate," he says. Although it would take legal reforms.
Finland has chosen to implement a true system of child protection. Once a crime, and understanding that the child is endangering their future, they can intervenir de muchas formas: con asistencia financiera, orientación psicológica o terapéutica, o imponiéndole determinadas tareas. Es posible, incluso ingresarlo en una casa de acogida o residencial. Este sistema se aplica a los menores de 15 años -límite de la edad penal en ese país-, pero cada vez más también a los chicos de 15 a 17. El número de menores en las cárceles de Finlandia ha pasado de 761 en 1975 a 65 en 2006, según datos ofrecidos por el director del Instituto Nacional de Investigaciones para las Políticas Legales de ese país, Tapio Lappi-Sepälä. Allí se ha optado por evitar los internamientos y desarrollar la actuación socioeducativa.
Aparte de la proposal from the age of criminal responsibility, Mariano Rajoy also said this week that will lead to adult prisons all children in places of reform when they turn 18. The Law on Criminal Responsibility of Minors, 2000, was amended last year to allow this possibility. Under the new wording of the rule, now a judge "may order" that the inmate go to prison upon reaching adulthood. Therefore, each case is studied. The proposed PP is made automatically. Since the objective of the Children's Act is the rehabilitation, does not seem very logical that after several years of special treatment were transferred to a prison with adults. "It necessary to examine each case to see if it is necessary or counterproductive take him to jail, "says Canalda.
Politicians take to the street the debate on youth crime with great appeal to fear but little data. populism to win votes." After the 11-S and 11-M, the citizens want total security. We changed Rousseau Hobbes's Leviathan, "said Bernat Castany, Ramon Llull University in Barcelona." But you have to do is educate these young people in responsibility. "
serious crimes under 14 can be counted the fingers of one hand
UNICEF has expressed its "concern" for the popular initiative
are increasingly common bands of children who steal
can act with these children outside the criminal justice system
The PP wants to go to prison for all children in schools that are 18
Now the judge and can decide whether the adult prison
best 
