Carácter público del Derecho Penal versus gestión privada de los centros de reforma de menores

Abstract

With the enactment in Spain of Law 5/2000 of January 12, on the Criminal Responsibility of Minors, the responsibility of enforcing court decisions has been granted to the Autonomous Communities. However, this does not violate the provisions of Article 117.3 of the Spanish Constitution which states that the exercise of the judicial function is solely responsibility of judges and courts who must «rule and have judgments executed». The practical execution of the judicial measures imposed on juveniles in reform centers corresponds to public entities; namely, these must execute the activities that aim at materially imposing the ruling decision, and therefore, that also aim at physically executing the penalty. Nevertheless, this does not mean that the State delegates the deprivation of a fundamental right such as the freedom of movement of minors.