Breach of Sentence in the Adolescent Criminal Liability Act

Abstract

This article analyses one of the main legal institutions in the execution phase of the criminal sentence for adolescent offenders, namely, the breach of sentence. First, this article will explain the close relationship between the existence of community or non-custodial sanctions and a reaction system for cases of non-compliance, where the cooperation of the sentenced offender plays a key role for its effective enforcement. Second, I will present a systematization of the principles that guide the system of breach of the sentence defined by the Adolescent Criminal Liability Act, and a study of its application conditions, emphasizing the development of the criterion of "seriousness" of non-compliance, offering various parameters for its concrete valoration. Finally, this article will address with the legal consequences of the judicial declaration of the breach of sentence and some particularly important aspects in terms of procedural rights.