Abbreviated procedure within the comprehensive juvenile justice system in México

Abstract

This collaboration addresses the issue of the lack of application of the abbreviated procedure within the Comprehensive Juvenile Justice System in Mexico, despite its benefits such as procedural efficiency and cost reduction. The document begins with an analysis of the legal framework that identifies the legal basis of the abbreviated procedure in the National Code of Criminal Procedure and the Political Constitution of the United Mexican States, as well as its possible supplementary application within the framework of the Comprehensive Juvenile Justice System. The research originates from a thorough legal, doctrinal, normative, and jurisprudential analysis, including a systematic interpretation of key articles from the applicable legislation. Although the abbreviated procedure is not expressly regulated for adolescents, it can be applied by virtue of the principle of supplementarity, as well as a rights-based interpretation that recognizes adolescents as rights holders with evolving capacities. Finally, it is noted that the aforementioned procedure is not incompatible with the socio-educational goals of the Comprehensive Juvenile Justice System, respecting at all times its fundamental principles, such as minimal intervention, proportionality, and the best interests of the minor. This makes the abbreviated procedure not only possible but also desirable, improving the system’s efficiency without violating fundamental rights.