The The effectiveness of diversion in the adolescent criminal procedure in Paraguay

Abstract

This study arises from the problematic concerning the limited application of the diversion mechanism within the adolescent criminal procedure in Paraguay. The aim of the present research is to analyse how said mechanism is applied in accordance with national legislation, legal doctrine, and case law. The methodology employed falls within a dogmatic-legal type of research with a qualitative approach, non-experimental design, cross-sectional cut, and descriptive scope, applying the technique of documentary analysis, including national regulations, doctrinal sources, and relevant judicial rulings. The main findings reveal that the national regulatory framework, contained in Articles 234 and 242 of the Childhood and Adolescence Code, presents conceptual and procedural ambiguities that affect its effectiveness; likewise, in the rulings reviewed, it was observed that diversion was predominantly employed during the preliminary hearing as a means of case conclusion. It is concluded that the current structure of the Childhood and Adolescence Code lacks systematic coherence, thus proposing a restructuring of the proceeding through the amendment of Article 242 and the repeal of Article 234, in order to unify the prosecutorial and judicial diversion procedure. This implication underpins the need to consolidate diversion as a timely and rights-based mechanism for extrajudicial resolution, in harmony with the principles of the best interests of the child, minimum intervention, and specialisation.