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What Happens When a Minor Commits a "Crime": Understanding the Educational Guardianship Law

Writer's picture: Caroline MeijerinkCaroline Meijerink

Updated: Jan 8


What Happens When a Minor Commits a "Crime" in portugal


Introduction:


In Portugal, the Educational Guardianship Law offers a legal framework to deal with the situation when a young person, a minor, commits acts that, if they were older, would be considered crimes.


In these cases, the Law seeks not only to hold young people accountable, but also (and mainly) to promote their education for the law and reintegration into society.


Who are the "Minor Offenders":


Young people between the ages of 12 and 16 who commit acts considered crimes under Portuguese criminal law are covered by the Educational Guardianship Law. However, due to their age, they are not prosecuted and tried as adults. Instead, they go through a process called Educational Guardianship Process, in which they can be subjected to educational guardianship measures, if their responsibility for the acts and the need for education for the law are verified.


What happens when a minor commits a "Crime": The Educational Guardianship Process


Answering the question "What Happens When a Minor Commits a "Crime"", what happens is that a specific process will be initiated to investigate and judge what happened. This process is divided into two main phases: the educational guardianship inquiry and the jurisdictional phase. In the investigation, the authorities seek, in short, to determine whether the events really occurred, and whether the young man in question is responsible for them. If the Public Prosecutor's Office understands that it is sufficient and appropriate, the case can be resolved at this stage, upon compliance with some requirements, without the need for judicial intervention.


Educational Guardianship Measures:


If the process progresses to the jurisdictional phase, the judge may apply a series of educational protective measures, such as admonishment, provision of tasks to the community, reparation to the offended party and attendance at specific courses. The choice of the most appropriate measure is made based on the circumstances of the case, always aiming to educate the young person about the law and their reintegration into society.


Conclusion:


The Educational Guardianship Law represents a legal approach aimed not only (and not mainly) at punishment, but also at the education and reintegration of young offenders into society. It is essential to understand the procedures and measures provided for by this law to guarantee a fair and effective application of juvenile justice in Portugal.









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©2023 by Caroline Meijerink

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