In the framework of a criminal proceeding for sexual abuse, in which a five-year-old girl was the victim, a ruling issued at the hearing to formalize the investigation ordered that the little girl be appointed a public defender lawyer specialized in the rights of Boys, Girls and Adolescents (NNyA) so that, as “Guardian Ad-Litem”, they assume the role of plaintiff and represent their particular rights.
The decision was made by Federico R. Moeykens, Criminal Judge of NNyA, belonging to the College of Judges and Criminal Judges of the Capital Judicial Center.
To arrive at this decision, the magistrate took into account the obligation – contained in Article 90 of the Criminal Procedure Code (CPPT) – to appoint a lawyer specializing in children’s rights to represent all persons in court. minor, when he has been the victim of a crime against sexual integrity.
In this sense, Moeykens highlighted the great value of the new procedural norm through which it intends to guarantee children and adolescents their right to be heard and participate as victims in criminal proceedings, even when they have not reached the age or degree of sufficient maturity.
Likewise, the ruling stressed the need not to confuse the figure provided for in art. 90 CPPT with that of the so-called “Children’s Lawyer”, since they are not identical.
Thus, it argued that the “Tutor Ad Litem” is a protection institute that proceeds without prejudice to the intervention of the Pupil Ministry and watches over the particular interests of the child, acting solely to represent the girl victim in the present case.
On the other hand, the Children’s Lawyer intervenes only when the minor person accepts their technical assistance and such independent professional does not act as a representative, but as a sponsor of their personal and individual interests, corresponding to the judges to merit in each specific case if the children and adolescents They have the necessary conditions to carry out an autonomous participation.
Finally, the resolution also highlighted the need to judge the case from a gender perspective that takes into account the double state of vulnerability of the victim, derived from her condition as a girl and a woman, in accordance with the leafy “Corpus Juris” for Children and for the Protection of Women.