El Ministerio Fiscal y el letrado defensor en la justicia de menoresaspectos conflictivos en España y México

Abstract

Despite the fact that the Ley 5/2000, de 12 de Enero, Reguladora de la Responsabilidad Penal de los Menores, of Spain and the Ley para el Tratamiento de Menores Infractores para el Distrito Federal en Materia Común y para toda la República en Materia Federal, of México, stipulate the recognition of constitutional rights, there are interpretation s conflicts, contradictions, omissions and confusions of the actions particularly of the public prosecutor and the lawyer of defense, regulated in both laws respectively, that are violating the constitutional rights of the juvenile delinquents. With the objective to make proposals to solve the dysfunctions described above and to get an answer to the conflicts of the problems related to the jurisdictional process of the public functionaries, I have considered important issues such as the origin of the public functionaries and the importance of their intervention through the history in order to determine their functions, faculties and attributes over time; the importance of their participation in the legal processes; reviewing legislative precedent regulators performing juridical acts in particular related to the matter of minors with a comparative reference in respect of the legislation of present time. Furthermore, the treatment of the proper observance of the juvenile delinquents constitutional rights; analyzing basic principles of the public prosecutor and the lawyer of defense and processal principles explaining the performances of these public functionaries regarding the respective laws of both countries; describing the process initiated in juvenile delinquent cases, refering to various conflictive aspects caused by the actions of the public functionaries. Finally exposing proposals of possible solutions for both countries juridical systems.