Abstract

GAVIRIA CARDONA, ALEJANDRO. Is the Integral Reparation Incident, Enshrined in Law 1098 of 2006 Beneficial for Minors?. Rev. Derecho Privado [online]. 2021, n.40, pp.545-554.  Epub Feb 08, 2021. ISSN 0123-4366.  https://doi.org/10.18601/01234366.n40.19.

The Article 197 of Law 1098 of 2006, seeking the protection of the best interests of the minor, enshrines for criminal judges, the duty to initiate, in an informal manner, the incident of integral reparation, provided there is a conviction against an adult, the victim is a minor, and his representative does not initiate it. In this article we will try to analyze if the duty consists only in initiating or, on the contrary, processing until the end, said incident. Likewise, the scope of the judgment or the lack of interest of the representative of the minor victim will be determined, that is, it will be established if the decision that ends the incident, makes transit to a thing judged, especially, in those events in which the victim He did not expressly formulate a compensation claim for damages or there was a tacit or express manifestation of withdrawal.

Keywords : incident of integral reparation; best interest; minor; compensation claim; compensation for damages; withdrawal; res judicata.

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