Problem
A. What are the causes of imputability recognized in the Penal Code?
B. Is a person exempt from criminal liability when they have incurred in an action sanctioned by law before reaching the age of 18? Explain your answer.
C. What is the difference between disability and transient mental disorder?
D. What is the criminal consequence of the same person causing a temporary mental disorder?
E. What does the Criminal Code provide when a person tries to claim that they are exempt from criminal responsibility, given that when they committed the acts they were in a state of voluntary intoxication by alcohol, stimulants or controlled substances?
Law No. 88 of July 9, 1986, as amended, recognizes the possibility of a minor being prosecuted as an adult. Therefore, the Juvenile Court waives its jurisdiction and the case is referred to an adult court for further proceedings.
The Children's Law recognizes that, in certain circumstances, the Court may waive jurisdiction over a child and order proceedings to continue in adult court. In this way, even though the person is a minor, the criminal justice system considers them as an adult. Use the following questions as a guide to facilitate your participation in this discussion forum:
A. What is the waiver of jurisdiction? When does it come?
B. What factors will the Court need to consider before granting this request?
C. What is the minimum age required?
D. Do you agree with this procedure?
E. Do you think it is justified to expose a minor to a procedure designed for the adult population when they are protected by the presumption of innocence?