The brutal murder of educator Belén Cortés in a floor of compliance with judicial measures reopens the debate on reforming Organic Law 5/2000, of January 12, regulating the criminal responsibility of minors (Lorpm). The Superior Prosecutor of Extremadura, … Francisco Javier Montero Juanes, raised this week, just like social workers and police unions, who claim to harden measures and reduce the age of criminal responsibility to less than 14 years.
From the Unified Police Union (Sup) point out that the current norm “no longer responds to the seriousness of the crimes committed by some minors”, which now begin to commit crimes before two decades ago, when Lorpm entered into force. From Jupol they consider that it is “totally outdated” and “generates a feeling of impunity, especially in minors of 14”.
The majority of the judges of this specialty reject the modification of the norm, according to ABC by judicial sources. From the Professional Association of the Magistracy (APM) and the Association of Judges and Magistrates Francisco de Vitoria (AJFV) explain that the problem is the lack of resources for a correct application.
This newspaper has spoke with spokesmen of the aforementioned entities about Lorpm. And also with the forensic psychologist Marta de Prado, who develops how the criminal profile has evolved: “We are going very quickly, there is so much overestimulation that everything begins before.” Supporters or not of a reform of the law, there are among experts the generalized consensus to indicate the constant exposure and ease of access to violent and pornographic content in mobiles and in social networks as factors that determine the increase in increasingly aggressive behaviors in young people. “Access to these contents makes children lose the fear of violence and normalize it,” explains the forensic psychologist of Prado.
Children who have not learned to love
«The lack of stable and safe affective figures is added in some minors, such as paternal and maternal figures or other reference adults, which make them not to connect with senses of more emotional nature. They are children who have not learned to love and it is very difficult for them to connect with other people. They end up assuming force as a way to gain respect or status and reserve the victims, do not see them as a human being that may suffer, ”he continues.
But are they aware of what these acts entail?, Ask this newspaper by example by the crime of Badajoz. De Prado reflects the following: «They can be killing at a time of anger because they need to get out of that floor and do not think about the consequences, they are so disconnected from reality and have so much arrogance that they believe that it will not have consequences. They are lower but aware. They can differentiate ».
Dangerous but easy to reinsert
Forensic psychologist points out that children and adolescents can become “very dangerous” for these reasons, but also “easier to reinsert and redirect” because “they are still in development.” And therefore insists on the importance of making “a lot of investment” in affective education and emotional connection to prevent these crimes. And to take care of him at the time he will be reinserted in society so that he does not see himself and falls in the same well.
Reyes Martel Rodríguez, Judge Judge of the Court of Minors number 1 of Las Palmas de Gran Canaria and belonging to the AJFV, recalls that the character of the Lorpm is reintegration and reeducation and ensures that no reform must be made.
“In England, the criminal age is in the 10 years and it is not a country that stands out especially because it has a low index of crimes committed by young people,” adds Martel, which points it: “Lowering the criminal age is not the magical solution, it would be an absolute nonsense.”
«It was a very avant -garde law with very powerful tools to recover these boys. And the reintegration could be greater if it was provided with more means, greater education in values and affection and the legislator was aware of our jurisdiction, ”explains Martel Rodríguez, who regrets that they only remember the minors judges when these misfortunes occur, but, instead, they have been convening evidence to opt for this specialty of the judicial career.
A single woman with three dangerous minors
Also María Jesús del Barco, president of the APM, rejects a modification of the minor law: “Hot regular is never good and more when we talk about fundamental rights of minors.” And from the ship adds: “The law is fine and has mechanisms to respond to these serious situations such as hospitalizations up to less serious, such as reprimands.” The President of APM also considers that the solution goes through reinforcing the means for a correct application: “There cannot be a single woman with three dangerous minors.”
The Lorpm differentiates the internment of closed regime – the hardest measure – in two age stripes. Between 14 and 15 years, internment can range from a year to five maximum. Then, from 16 to 17, the confinement can reach up to eight years. The standard also develops different degrees of corrections such as various types of internment to reprimands, monitored freedom or assistance to the day center, among others.
According to the last memory of the State Attorney General’s Office, in the proceedings that are archived in 2023 for being the alleged offenders under 14, that is, unimputable with the law in force, there is an increase of 45 percent, which reveals “an important rebound” compared to 2022.
«The crime linked to the infractions committed by minors has decreased, although, it has increased when the alleged culprit has not reached the age of 14 – explains the Prosecutor’s Office in its analysis of 2023 -, data that has to be observed cautiously because when it is an imputable it is not possible to collect a certain evidence of its responsibility; being the most complex analysis ».
Zoom on the Public Ministry data, it is revealed that the crimes of injuries committed by minors have passed from 11,628 in 2022 to 12,394 in 2023 (increase of 6.59 percent). Special review for gender violence, with “the highest figure of the last four years”: 807 causes with minors have been recorded, 11 percent more compared to the 727 causes of the previous year.
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