Publicación: Aplicación del principio de oportunidad en los delitos sexuales cuando los infractores son menores de edad
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The application of the principle of opportunity is not only a decongestion tool for the judicial apparatus, but also, it is agile to achieve justice in crimes of lesser impact for Colombian society and the reparation of victims in the respective cases, as it is a regulated mechanism that despite being at the discretion of the Prosecutor must meet some requirements, which are provided by law and that for its application must be approved by a Judge in control of Guarantees. Law 1098 of 2006, in its article 174, establishes that the application of the principle of opportunity is preferred in the system of criminal responsibility for adolescents, it is necessary that the sanctions of the system are pedagogical, resocializing, unlike the penal system for adults, which would allow restorative justice. Due to this, we analyze the applicability of the principle of opportunity and the legal treatment that must be followed when the offenders are minors, since the sanctions applied to adolescents are intended to guarantee children and adolescents a full development and harmonious so that they grow within the family and the community, establishing norms for their integral protection and indicating that their guarantee and protection will be the obligation of the family, society and the State.