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TSJ: Victims of adolescents may require prosecution


The Constitutional Court of the Supreme Court opened the door for those who became victims of a child or a teenager, to request the prosecutor's office, if the prosecutor does not carry out such actions or does not formulate it in a timely manner, in accordance with the article in the sentence No. 0141, the magistrate Karmen Zuleta is formed.

The judges specify that the Grand Charter provides the prosecutor's office with a criminal case requesting a trial against those involved in crimes. But they point out that the legal system does not exclude the possibility that another procedural entity, with a high interest in criminal proceedings, may bring charges, that is, to request a proceeding in the case of the person who was attacked.

They recalled that Articles 26, 256 and 30 of the Constitution sufficiently reinforce the victim the opportunity to directly prosecute (request for trial) "in order to avoid impunity and achieve substantial justice." This discovery guarantees reparation for the victims of widespread crimes, magistrates stressed.

Recall measure. In the same ruling, the House abolished the personal security precautionary measure, which liberated a teenager who was persecuted for the murder of William Raphael Cardoni Bastardo (42), who was killed by a knife on April 11, 2016 in Turumo, the Caucasus volcano, M. Sucre (Mir).

The juvenile was released on October 25, 2016, of the 2nd Juzgado de Juicio section of the criminal responsibility of a teenage Caracas, since the deprivation was originally rejected, having spent more than three months in jail without being sentenced. The prosecutor's office opposed this measure and appealed to the Constitutional Chamber with a request to cancel it.

In fact, the Chamber supported the approach of the Ministry of Public Administration and criticized the proceedings in the case of the 2nd court, as there is a situation of juvenile delinquency that the state should fall under reflection.

"This is a notorious public and communication event that has increased the number of executions of adolescents in recent years, and it is difficult for the Venezuelan state to maintain the desired minimum punishment for these crimes if the request for the withdrawal of a preventive measure is resolved automatically and in isolation," the judge said.

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