La medida de internamiento en régimen cerrado en la LORPM ¿Estamos ante un Derecho penal de la seguridad?

Abstract

The study consists of two parts. The first part reviews the successive reforms that have modified the LORPM (Organic Law on Juvenile Criminal Responsibility) since 2000 and have involved fundamental changes to the principles behind the law. These changes have meant the introduction of general-preventive criteria and retributive criteria to the detriment of the criteria of special prevention and overriding the principle of the best interest of the child that the first draft of Organic Law 5/2000 proclaimed. The second part analyses those situations in which juvenile judges can or must impose detention in secure centres. The basis of the measure, its educational effectiveness and whether it is justified or not in each case are analysed. Those cases in which the judge is obliged to impose the measure of detention in secure centres is particularly questioned.