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The new law that seeks Comprehensive protection of children and adolescents against violence will be valid this year. It proposes new strategies and develops new legislation around the issue of violence and child abandonment.
It is a modernization to the legal and criminal resolutions of parental conflicts, abandonment and violence against minors of all kinds. Marking the beginning of a renewal in state policy that is aimed at children.
Learn about the new parameters of this very important Spanish Law.
Validity and scope of the new law for the comprehensive protection of children and adolescents against violence
This law came into force last June 25, 2021, it is important to understand its effectiveness and scope. Firstly, because it is a response to the obligation to introduce international commitments into the Spanish legal system.
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The law of Comprehensive protection of children and adolescents against violence It is a great step for Spain. Addressing their commitment to dissolving cases involving children and the consequences of child abuse.
Structure of the new child and adolescent protection standard
Below is a compilation of the most relevant aspects that are mentioned in the structure of this new standard:
General Criteria
They are compiled within the preliminary title, they formulate the general purposes and criteria that the law has had since its entry into force. Additionally, it compiles the specialized, initial and continuous training that specialized personnel in contact with minor victims must receive.
It proposes the consolidation of strategies to improve cooperation and collaboration between all public administrations. Innovating the Sector Conference of childhood and adolescence, along with public and private collaboration.
Rights of children and adolescents
The following list of rights is compiled in the contents of title I:
- To information and advice.
- To be heard.
- To comprehensive care.
- To intervene in the judicial procedure.
- To free legal assistance.
Duty to communicate situations of violence
Regulated by title II, in order to establish a generic duty, it affects all citizens in their duty to society. Promoting the realization of Immediate communications to the competent authorities closest to publicize the signs of child violence.
Awareness, prevention and early detection
It is reflected in title III and brings together, among other aspects, the duty on the part of the General State Administration. Where you must have a set of Strategies for the eradication of violence against children and adolescents.
Actions in a center for the protection of minors
Highlights the obligations of the protection centers for the application of action protocols in the different situations of domestic violence. Giving priority to providing excellent efficiency, evaluation and detection in cases for an early solution to the facts.
Emphasis is placed on having the necessary mechanisms to provide enhanced attention within certain protocols. Improving intervention methods in actions for cases of sexual abuse, child exploitation, abuse and human trafficking involving minors.
Administrative organization
The creation of a Central Information Registry that offers guidance on violence against children and adolescents. Information from public administrations, Security Forces and Corps, among others, must be sent to it.
It is important to mention the introduction of a specific regulation in relation to negative certification. Same certification from the Central Registry of Sexual Offenders.
Legislative modifications of the new child and adolescent protection standard
Below is a compilation of the most important points about the new legislative framework of this law:
Criminal Procedure Law
The articles 109 bis and 110 They will be modified to reflect modern jurisprudence adjusted to the personification of the victims. Under the condition that the correct period for formulating the accusation document has elapsed.
Furthermore, such accusations must adhere to the indictment formulated by the Public Prosecutor's Office.
Additionally, the article 261 to establish a notable exception to the general dispensation regime, regarding the obligation to report.
A reform will be present article 416 to be able to express a new series of exceptions to the mandatory exemption from declaring. The objective of such reform is to improve the protection offered by criminal proceedings to minors.
Civil Code
The main modification is present in the article 92 with the intention of reinforcing the interest of the minor in divorce proceedings. It also seeks to meet the objective of improving the precautions necessary to comply with custody and custody regimes.
The next article 154 It also continues with the modifications to establish optional clarity for the residence of children. As long as they are minors and form part of the content of the power that corresponds to both parents.
In terms of reform, there is the article 158 which allows the judge to establish an agreement on the precautionary suspension. All in search of a precautionary suspension in the visitation regime and exercise of custody.
Penal Code
- A new regulation is established for crimes of hate.
- An extension period is given for the statute of limitations for the most serious crimes against minors.
- The forgiveness towards the offended person is eliminated to cause an extinction of criminal responsibility.
- The imposition of the penalty for the deprivation of parental authority is established as mandatory. Affecting in the first instance those convicted of homicide or murder.
- The age range to which it is possible to apply the aggravated subtype of injury crime is increased. Reflecting on the article 148.3, changing from 12 to 14 years of age.
- The editorial modification for the aggravated type of sexual assault.
