He Constitutional Court He admitted the demand for unconstitutionality filed by the Ombudsman against Law 32330, approved by Congress and promulgated by the Executive. The norm allows judge as adults adolescents 16 and 17 in cases of serious crimes such as homicide, sicariato, sexual violation and terrorism.
The Ombudsman considers that the law affects the administration system of justice specialized in the child and adolescent by modifying the Criminal Code, the Code of Criminal Responsibility of Adolescents and the Code of Criminal Execution, considering as imputable subjects within the ordinary criminal system to adolescents of 16 and 17 years. In this regard, they pointed out that “negatively impacts the conventional norms of which Peru is part and is obliged to comply.”
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Likewise, among its fundamentals is that Law 32330 presents a contradiction because it orders the internment of young people in penalties for adults, but in one of their dispositions they indicate that they must be separated from adults at the time of being held. They also add that the current situation with the overcrowding of penalties would not allow adequate treatment for minor prisoners.
As part of the procedure, it was arranged to place the Congress of the Republic to appear to the process and answer the demand within 30 useful days following the notification of this resolution.
