What is adjudicated delinquent mean?

Punishment of offenders

When analyzing criminal phenomena, it is necessary to distinguish between criminality, i.e. the set of criminal acts in general against a certain person, object or entity, and crime: an individual act as it is committed that does not necessarily obey the parameters of criminality. It is also necessary to differentiate between criminal, the subject who commits a criminal act, and victim, the person who directly receives the criminal aggression. All these elements, in addition to the social reaction against crime and evaluation, are the object of study of criminology. This was explained by José Luis de la Cuesta at the UPV/EHU Summer Course Criminology and legal psychology.

Different methods are used to analyze each element. “Criminality is not studied with the same techniques as the delinquent. In one, sociology will have more weight while in the other, psychology or the sciences of human behavior”. One of the branches that deal with this analysis is the legal branch, which analyzes the laws, that is, “what is said not to do and which also generates a criminal liability”. When such prohibitions are not complied with, the term crimes or infractions is used.

Examples of offenders in criminal law

Contempt -or resistance or disobedience to authority-[1] is, in some jurisdictions, a crime committed by slandering, insulting, insulting or threatening an authority in not obeying the authority determined to be competent who is in the exercise of his functions or on the occasion of them, either in fact or in word, or in writing addressed to him.[2].

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… Judgments of the Supreme Court of 5-7-89 and 29-6-92, consider that what differentiates serious disobedience from minor disobedience is the repeated and manifest opposition, the serious attitude of rebellion, the persistence in the refusal, in the firm and voluntary non-compliance with the order and in the stubborn and recalcitrant refusal to comply with the order or mandate.

Spanish Penal Code

Apud acta: Judicial proceedings that are recorded in a record attached to the proceeding in question (a very frequent example is the power of attorney by means of the appearance of the interested party before the court clerk).

Free Legal Aid: The right of persons lacking sufficient economic means to have the State assume the expenses derived from judicial proceedings (expenses of lawyers, attorneys and other professionals; costs of carrying out tests, etc.).

Attestation: Document issued by the judicial police and containing the finding of a fact, inquiries made and any other police proceedings aimed at the investigation of a criminal act.

Auto: Reasoned judicial resolution. Form to be adopted by the judicial resolution when deciding on appeals against orders, incidental questions, procedural budgets, nullity of proceedings, i.e., when no sentence is required.

Cassation: Extraordinary appeal filed before the Supreme Court against resolutions or sentences handed down in the Provincial Courts and, in certain cases, in the National Court.

Peruvian Criminal Code

The Code of Criminal Responsibility of Adolescents is hereby approved as a comprehensive, systematic, autonomous and specialized norm for adolescents in conflict with criminal law, which as an annex forms an integral part of this Legislative Decree.

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2. It is the obligation of the authority adopting a measure to evaluate the possible repercussions of the decisions adopted on the adolescent, expressly justifying how the best interests of the adolescent have been considered, as well as the criteria used for such decision and the weighing made against other rights and interests. The adolescent must be heard at every opportunity established by the Code, in any situation in which a decision that may affect him or her is being made and when so requested.

1. In the interpretation and application of all rules, preference shall be given to the meaning that optimizes the exercise of the rights of the adolescent. In the event of a conflict between two or more rules applicable to an adolescent accused of committing a crime or misdemeanor under the Criminal Code, the rule that most favors his or her rights, or the broadest or most extensive interpretation, must be chosen.