La responsabilidad subjetiva en el adolescente infractor de la Ley Penal

Abstract

The purpose of the article was to contribute to the theoretical understanding of the subjective implication of adolescents linked to the Criminal Responsibility System in Colombia for the commission of a crime, through the analysis of key aspects that may cause a change in their subjective position and their criminal act. A theoretical review of the legal framework, current research and advances by authors oriented by Jacques Lacan’s psychoanalysis was carried out. Among the findings, the concept of subjective assent associated with the subjective position before the criminal act is highlighted, as a possibility for the guarantee of non-repetition. It was shown that, within the framework and principles of restorative justice, and in accordance with Law 1098 of 2006, which proposes that the subject isresponsible for the consequences of their actions, the truth, the reparation and conciliation with the victim, the process may articulate the necessary actions for the subject to review their position before their act, involving themselves in the sanction imposed and seeking non-repetition.