Análisis de las consecuencias jurídicas, en los delitos de robo cuando los adolescentes son inducidos a cometerlos por órdenes de sus padres

Abstract

This research addresses the legal consequences of adolescents involved in committing crimes of theft, in this regard, the Organic Code of Criminal Procedure establishes that persons under eighteen years of age in conflict with criminal law, will be subject to the Organic Code of the Childhood and Adolescence and, in turn, the Childhood and Adolescence Code; it is expressed in the same sense when it says, adolescents are criminally non-imputable and, therefore, they will not be tried by ordinary criminal judges nor will the sanctions provided in criminal laws be applied to them. Thus, it is indicated that whether those commit criminally relevant behaviors, they will be subjected to a specialized justice where the magnitude or harmfulness of their actions will be observed for the establishment of the reproach or sanction, which may be socio-educational measures and as an exception, private penalties will be applied of liberty called preventive detention. In this context, we observe that when adolescents commit certain kinds of criminal offenses, especially crimes against property such as the crime of theft. However, their actions are induced by their parents who use them as instruments to commit acts contrary to the positive norms. Nevertheless, precise analysis is required on the degree of participation in which the parents incur following the provisions of criminal law.