El Procedimiento en el sistema integral de justicia penal para adolescentes y su homologación y diferencias con el sistema penal acusatorio y oral

Abstract

In Mexico, an Accusatory and Oral Criminal Justice System has been built. This system came to renew the paradigms of criminal justice in its adjective or procedural nature. At the same time, the penal reform impacted the Criminal Justice System for Adolescents, which in turn was undergoing a renewal in its substantive part, moving from a guardianship paradigm to a comprehensive rights paradigm. The Criminal Justice System for Adolescents was standardized in its procedural part with the Accusatory and Oral Criminal Justice System. However, although these are Systems that converge on the same objective and are guided by the same procedure, the nature of the procedural subjects is different in each one, since one system deals with adults and the other deals with teenagers. In this article, using a methodology based on the content analysis technique, a comparative study will be carried out to identify the substantial differences between the accusatory and oral criminal procedure and the Criminal Justice System for Adolescents, documenting the justification of these differences to thus providing a greater understanding of criminal justice for adolescents and at the same time identifying areas of opportunity in both systems. Among the conclusions, it stands out that in the System for Adolescents the procedural principle of Minimum Intervention is more strictly observed and has greater harmony with the International Treaties on which it is based. Still, there are areas of opportunity that must be addressed.