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28 questions

What happens if I don’t report something I suspected and it turns out to have been true?
Failing to inform the judicial or administrative authorities of deprivation, ill-treatment or sexual assault against a child or adolescent is a criminal offence (Art. 325, Ley 74-25). Even before that, Ley 136-03 (the Code for the Protection of Children and Adolescents) already requires every teaching professional, public or private, to report knowledge “or suspicion” of abuse (Art. 14), and the Normas de Convivencia (the MINERD school-coexistence rules) repeat this for school staff (Art. 11, Ordenanza 05-2023). You need neither certainty nor proof. Your concrete step: inform the school leadership and Orientación y Psicología (the guidance and psychology service) the same day, in writing, and check that the referral to the Ministerio Público (the public prosecution service) or CONANI (the National Council for Children and Adolescents) goes out within 24 hours (Art. 42, Código de Ética — the MINERD Code of Ethics).
- Art. 325, Ley 74-25
- Art. 14, Ley 136-03
- Art. 11, Ordenanza 05-2023
- Art. 42, Código de Ética
Can I be accused of anything for reporting, if in the end it turns out nothing happened?
No. Ley 136-03 (the Code for the Protection of Children and Adolescents) declares the person who reports “exempt from criminal and civil liability with respect to the information they provide” (Art. 14). A false report is a different matter: it requires voluntarily filing a complaint that falsely imputes an offence to another person (Art. 329, Ley 74-25); and false imputation before the Ministerio Público (the public prosecution service) additionally requires having acted in the knowledge that it was false, or with reckless disregard for the truth (Art. 338). Reporting a reasonable suspicion in good faith is not that. If you are a counsellor, a psychologist or school health staff, professional secrecy does not block you either: reporting sexual assault or other cruelty against a child or adolescent is expressly excepted (Art. 196, Ley 74-25). Write down what you observed, with the date, and activate the school’s referral route.
- Art. 14, Ley 136-03
- Art. 329, Ley 74-25
- Art. 338, Ley 74-25
- Art. 196, Ley 74-25
Can I still correct a student, or does that count as harassment now?
You can, and you should. Correcting, talking things through, reprimanding in private, setting a reflective task, agreeing something in writing with the family and holding a device until the end of the school day are exactly the measures the Normas de Convivencia (the MINERD school-coexistence rules) prescribe (Arts. 18, 21 and 24, Ordenanza 05-2023). What the law forbids is something else: corporal punishment, verbal abuse, collective punishment and financial penalties (Art. 26, Ordenanza 05-2023; Art. 48, Ley 136-03), and cruel, inhuman or degrading treatment, which is indeed a criminal offence and is aggravated when the victim is a child or adolescent (Art. 119, Ley 74-25). The line is clear: authority yes, humiliation no.
- Art. 18, Ordenanza 05-2023
- Art. 26, Ordenanza 05-2023
- Art. 48, Ley 136-03
- Art. 119, Ley 74-25
A student messages me on WhatsApp or Instagram. Can I reply?
The MINERD (Ministry of Education) rule is not to engage individually with a student through digital tools: group meetings only, or meetings with the guardians (Art. 13, Código de Ética — the MINERD Code of Ethics), and not to use social media for purposes other than education (Art. 10). Nor is it appropriate to meet a student outside school hours and premises, or to give them gifts (Art. 10). This is not distrust of you: it is the boundary that also protects you, because the Code aggravates sexual conduct committed by electronic means and within a relationship of authority or an academic context (Arts. 134 and 145, Ley 74-25). In practice: reply in the class group or on the institutional channel, and tell the student that is why.
- Art. 10, Código de Ética
- Art. 13, Código de Ética
- Art. 134, Ley 74-25
- Art. 145, Ley 74-25
A student has told me something serious. What do I do in the first hour?
Listen without interrogating, without suggesting answers and without asking them to repeat the account several times. Write down word for word what they said, with the date and time. Do not promise absolute confidentiality: reporting is mandatory (Art. 14, Ley 136-03 — the Code for the Protection of Children and Adolescents; Art. 325, Ley 74-25). Do not confront the person named and do not bring the parties together: altering the scene or items of evidence is an offence in its own right (Art. 326, Ley 74-25), and the inquiry belongs to the authorities, not to the Comisión de Ética (the school’s ethics committee) (Art. 48, Código de Ética — the MINERD Code of Ethics). Your next step: hand the written record to the school leadership and to Orientación y Psicología (the guidance and psychology service) the same day.
- Art. 14, Ley 136-03
- Art. 325, Ley 74-25
- Art. 326, Ley 74-25
- Art. 48, Código de Ética
Can I post photos of my class on my own social media?
Not without consent and not outside an institutional frame. Disclosing the image and the personal details of a child or adolescent in a way that may affect their development, their honour or their reputation, or that stigmatises their conduct, is an aggravated offence (Art. 186 Párrafo III, Ley 74-25), and collecting or disclosing personal data by automated means without consent is an offence in its own right (Art. 198). Ley 136-03 (the Code for the Protection of Children and Adolescents) recognises the right to the preservation of one’s image and identity (Art. 12), and posting on social media about members of the school community without their consent is a serious school breach (Art. 20, Ordenanza 05-2023 — the MINERD school-coexistence rules). The safe route: institutional channel, written authorisation from the families, and never any identifying details.
- Art. 186, Ley 74-25
- Art. 198, Ley 74-25
- Art. 12, Ley 136-03
- Art. 20, Ordenanza 05-2023
A father insulted me publicly in a WhatsApp group. Is that ultraje — the offence against a public official?
Not any more. Ley 44-26 narrowed ultraje (insulting a public official) to the judicial sphere — judges, court clerks, the Ministerio Público (the public prosecution service), bailiffs, interpreters and expert witnesses (Art. 310, as amended by Ley 44-26). Offences against a teacher are pursued as insult (Art. 210, Ley 74-25), defamation (Art. 208, as amended by Ley 44-26) or threat (Art. 154), depending on what was said. Bear one nuance in mind: if you are staff at a public school, you are a public servant for criminal-law purposes (Art. 77), and where public servants are concerned only expressions that affect their private life or that are manifestly insulting are pursued (Art. 211 Párrafo II, as amended by Ley 44-26). Keep dated screenshots and channel the complaint through the school and the education district office.
- Art. 310, Ley 74-25
- Art. 210, Ley 74-25
- Art. 211, Ley 74-25
- Art. 77, Ley 74-25
An adult threatened me to make me change their child’s grade. Am I protected?
Yes. Threatening or intimidating a public official so that they carry out or refrain from an act belonging to their duties is a very serious offence (Art. 309, Ley 74-25), and staff at public schools are public servants for criminal-law purposes (Art. 77). Threats in general are also defined as an offence, aggravated when the threat is conditional or is made in front of a child or adolescent (Art. 154). And if the pressure is aimed at stopping you from reporting, or at making you retract, there is a specific offence for that (Art. 328). The first thing the school can do for you is document it: screenshot, date, witnesses, and a written record filed with the school leadership.
- Art. 309, Ley 74-25
- Art. 77, Ley 74-25
- Art. 154, Ley 74-25
- Art. 328, Ley 74-25
The student who is harassing another is 12. Can I take him to the prosecution service?
No, and there is no need to. Children under 13 “are in no case criminally responsible” and may not be detained, deprived of liberty or punished by any authority (Art. 223 Párrafo, Ley 136-03 — the Code for the Protection of Children and Adolescents). What applies is the protection route: the school adopts measures together with the Equipo de Gestión (the school’s management team) and Orientación y Psicología (the guidance and psychology service) (Art. 30 Párrafo II, Ordenanza 05-2023 — the MINERD school-coexistence rules), attends to the student who was harmed — school bullying is a very serious breach (Art. 23) — and works with both families. From the age of 13, referral to the Fiscalía de Niñez y Adolescencia (the children and adolescents prosecution office) does apply (Art. 30, Ordenanza 05-2023).
- Art. 223, Ley 136-03
- Art. 30, Ordenanza 05-2023
- Art. 23, Ordenanza 05-2023
If a student is injured while under my supervision, am I criminally liable?
Not automatically. The Code attributes a result to a person who, having the duty and the real possibility of preventing it, does not prevent it, where that person is the guarantor of the protection of a legal interest or of the supervision of a source of danger (Art. 12, Ley 74-25). That requires three things: a duty, an effective possibility of preventing the result, and that the omission be equivalent to causing it. An accident that happens despite diligent supervision does not meet that standard. Negligent injury requires clumsiness, recklessness or negligence (Art. 150). What protects you is a routine you can prove: effective supervision, written permission for outings, and a record of what was done (Art. 12, Código de Ética — the MINERD Code of Ethics).
- Art. 12, Ley 74-25
- Art. 150, Ley 74-25
- Art. 12, Código de Ética
How long does the school have to refer a report of abuse?
A maximum of 24 hours. The Código de Ética (the MINERD Code of Ethics) requires reports of child, psychological or sexual abuse, or of exploitation, to be filed with the Ministerio Público (the public prosecution service) or CONANI (the National Council for Children and Adolescents) “within a period of no more than 24 hours” (Art. 42). Where there is a risk to life, the education district office must also be notified within 48 hours (Art. 27 Párrafo I, Ordenanza 05-2023 — the MINERD school-coexistence rules). That deadline does not wait for the school to form a view: the obligation arises from knowledge or suspicion (Art. 14, Ley 136-03 — the Code for the Protection of Children and Adolescents), and failing to inform is a criminal offence (Art. 325, Ley 74-25). Record it in the school’s Libro de Registro de Denuncias (the complaints register) (Art. 46, Ordenanza 05-2023).
- Art. 42, Código de Ética
- Art. 27, Ordenanza 05-2023
- Art. 14, Ley 136-03
- Art. 325, Ley 74-25
Can I expel a student for a very serious breach?
Expulsion as a sanction — and pressuring a student into withdrawing — is prohibited during the school year (Art. 27, Ordenanza 05-2023 — the MINERD school-coexistence rules). A student may only be removed from the premises where there is a situation that endangers integrity and safety, assessed jointly by the school’s internal and external bodies (Art. 27). And where there is a risk or threat to the life of any member of the school community, the management team must take protective measures and notify the education district office within 48 hours (Art. 27 Párrafo I). It is also prohibited to deny access, withdraw break time, deny food, toilets or exams, expel a student over unpaid fees during the school year, or refuse enrolment for lack of a birth certificate (Art. 26), as well as to expel pregnant adolescents or adolescent mothers or fathers (Art. 28). For very serious breaches the measures provided for are different ones (Art. 24).
- Art. 27, Ordenanza 05-2023
- Art. 26, Ordenanza 05-2023
- Art. 28, Ordenanza 05-2023
- Art. 24, Ordenanza 05-2023
We have received a protection order involving a student. What does the school do?
Comply with it and keep a record. Protection orders may prohibit a person from approaching the home, the workplace or the places the victim frequents, and the school is one of them (Art. 131, Ley 74-25); they may also grant temporary custody of the children (Art. 131). The Ministerio Público (the public prosecution service) may issue them provisionally, with judicial confirmation within 48 hours (Art. 128 Párrafo II). Breaching a protection order is a criminal offence (Art. 133), and so is taking or keeping a child or adolescent outside recognised rights (Art. 220). Instruct the gate staff and the teachers in writing as to who may collect that student.
- Art. 131, Ley 74-25
- Art. 128, Ley 74-25
- Art. 133, Ley 74-25
- Art. 220, Ley 74-25
What does a compliance programme need in order to be worth anything?
Ley 44-26 raised the minimum content to eleven elements: a code of conduct, a risk map, ongoing training in human rights, an autonomous supervisory body, an action protocol with a disciplinary system, anonymous reporting channels with protection for whistleblowers, investigation procedures, periodic review and documentary traceability, among others (Art. 8 Párrafo VI, as amended by Ley 44-26). A genuine programme mitigates liability (Párrafo III); full exemption additionally requires that the programme was circumvented through fraudulent manoeuvres by someone outside the management (Párrafo IV). In Mipymes (micro, small and medium-sized enterprises), the governing body itself may take on the supervisory function (Párrafo VII). To a large extent, this is what your Comisión de Ética (ethics committee) already does: what is missing is to organise it and document it.
- Art. 8, Ley 74-25
- Art. 31, Ley 44-26
From when can the school be criminally convicted as an institution?
Three months after 5 August 2026. Ley 44-26 expressly deferred the entry into force of Arts. 8, 9, 10 and 11 of Ley 74-25 — the regime of criminal liability of legal persons — so that entities can adapt (Art. 31, Ley 44-26). The rest of the Code has been in force since August 2026 (Art. 393, Ley 74-25; Art. 30, Ley 44-26). That window is not a passive extension: it is the time provided to put the compliance programme in order. Start with your own school’s risk map, not with a generic checklist.
- Art. 31, Ley 44-26
- Art. 8, Ley 74-25
- Art. 393, Ley 74-25
- Art. 30, Ley 44-26
We are a public school. Can we be held liable as a legal person too?
No. The State, the municipalities, autonomous and decentralised bodies governed by public law, and administrative bodies empowered to exercise public authority are exempt from the regime of criminal liability of legal persons (Art. 13, Ley 74-25); the article itself clarifies that its provisions do not apply to public-law corporations (Párrafo I). Public schools, as State bodies, fall within that exemption; private schools set up as companies, foundations or associations do come under the regime (Art. 8). Watch the other side of it: staff at public schools are public servants for criminal-law purposes (Art. 77), a status that in several offences operates as an aggravating factor and that makes refraining from reporting more serious (Art. 327). Institutional exemption is not personal exemption.
- Art. 13, Ley 74-25
- Art. 8, Ley 74-25
- Art. 77, Ley 74-25
- Art. 327, Ley 74-25
I’m being bullied at school. What can I do?
You have the right to know where to report, and to be heard, protected and supported whenever your rights are breached (Art. 7, Ordenanza 05-2023 — the MINERD school-coexistence rules), and the education system must have reporting mechanisms at the school, the district office and the regional office (Art. 50, Ley 136-03 — the Code for the Protection of Children and Adolescents). School bullying is a very serious breach, and referring it to Orientación y Psicología (the guidance and psychology service) is mandatory (Art. 23, Ordenanza 05-2023). Outside school, the Code names harassment in the educational sphere — mockery, verbal abuse, exclusion, isolation — as an offence (Art. 121, as amended by Ley 44-26). Write down what happens, with dates, save screenshots, and talk to your counsellor or to a teacher you trust.
- Art. 7, Ordenanza 05-2023
- Art. 23, Ordenanza 05-2023
- Art. 50, Ley 136-03
- Art. 121, Ley 74-25
What has to exist in writing at the school before an incident happens?
Four things, all required by rules in force: the school’s own Reglamento de Convivencia (its coexistence rules), updated every year and with a summary on display in every classroom (Art. 14, Ordenanza 05-2023 — the MINERD school-coexistence rules); the Libro de Registro de Denuncias (the complaints register) (Art. 46); the Comisión de Ética (the ethics committee) constituted and with its reporting channels active (Arts. 29 to 40, Código de Ética — the MINERD Code of Ethics); and the mediation teams, mandatory in every school (Art. 10, Ordenanza 05-2023). Remember that the school’s own rules may not create very serious breaches other than those set out in the Ordenanza (Art. 29). What is drafted after the incident does not replace what should have existed before.
- Art. 14, Ordenanza 05-2023
- Art. 46, Ordenanza 05-2023
- Art. 10, Ordenanza 05-2023
- Art. 40, Código de Ética
Someone shared an intimate photo of me without permission. Is that a crime?
Yes. Sharing intimate or private content obtained in a private setting, or under a reasonable expectation of confidentiality, without consent, is a criminal offence (Art. 192, as amended by Ley 44-26). And the penalty rises a great deal when the content is intimate or sexual, when it is done with intent to blackmail, extort, take revenge or discredit, when the person affected is a child or adolescent, or when whoever shares it has authority, trust or power over them (Art. 192 Párrafo II). Creating a fake montage is also an offence (Párrafo I). The fact that you sent the photo earlier does not authorise anyone to share it. Save screenshots and tell an adult at your school today.
- Art. 192, Ley 74-25
- Art. 186, Ley 74-25
As a principal, am I criminally liable for what a member of my staff does?
Not for someone else’s act: “no one may be criminally punished for another’s act” (Art. 2.4, Ley 74-25). You answer for your own: if you induced the act or gave decisive assistance (Arts. 3 and 5), if, being in a position of guarantor, you failed to prevent a result you could have prevented (Art. 12), or if you failed to report ill-treatment, or refrained from reporting while under an obligation to do so (Arts. 325 and 327, aggravated for public servants). Put another way: what is examined is your own diligence. A school with a written referral route, a record of what was done and timely referral holds the best evidence of that diligence.
- Art. 2, Ley 74-25
- Art. 12, Ley 74-25
- Art. 325, Ley 74-25
- Art. 327, Ley 74-25
Someone opened a fake account with my name and my photo. What do I do?
Passing yourself off with someone else’s identity by electronic means, or using personal identifying information — name, email, username, password — to break the law, is a criminal offence, and whoever provides the means is equally liable (Art. 188, Ley 74-25). At school, impersonation and hacking are very serious breaches (Art. 23, Ordenanza 05-2023 — the MINERD school-coexistence rules). And if they also post humiliating or intimidating messages to degrade you or isolate you, that is cyberbullying or cyber-harassment (Art. 123, as amended by Ley 44-26). Your concrete step: save screenshots with the date and the link, do not reply to the profile, and take it to Orientación y Psicología (the guidance and psychology service) the same day.
- Art. 188, Ley 74-25
- Art. 123, Ley 74-25
- Art. 23, Ordenanza 05-2023
I’m 16 and I committed a serious offence. Am I going to prison?
The criminal justice system for adolescents applies from the completed age of 13 and up to the day a person turns 18, that day included, and its declared purpose is education, rehabilitation and social inclusion, not punishment (Arts. 225 and 326, Ley 136-03 — the Code for the Protection of Children and Adolescents). The usual outcomes are socio-educational sanctions and orders of guidance and supervision (Art. 327). Deprivation of liberty is exceptional (Art. 336): home detention and free-time detention do not go beyond six months and must not affect your attendance at school (Arts. 337 and 338), and committal applies only on the specific grounds listed in Art. 339. The long sentences of the Criminal Code are for adults.
- Art. 225, Ley 136-03
- Art. 326, Ley 136-03
- Art. 336, Ley 136-03
- Art. 339, Ley 136-03
Does the new Criminal Code apply to my 15-year-old son?
The Code defines which conduct constitutes an offence, but its prison sentences do not apply to adolescents. From the completed age of 13 and up to the day he turns 18, that day included, he answers before the criminal justice system for adolescents: he is investigated by the Dirección Nacional de Niños, Niñas y Adolescentes del Ministerio Público (the national children and adolescents directorate of the public prosecution service) and tried by the Tribunal de Niños, Niñas y Adolescentes (the children and adolescents court) (Arts. 221 to 225, Ley 136-03 — the Code for the Protection of Children and Adolescents), with an express purpose of education, rehabilitation and social inclusion (Art. 326). The judge imposes socio-educational sanctions or orders of guidance and supervision; deprivation of liberty is exceptional (Arts. 327 and 336). Before the age of 13 there is no criminal responsibility of any kind (Art. 223 Párrafo).
- Art. 225, Ley 136-03
- Art. 326, Ley 136-03
- Art. 336, Ley 136-03
- Art. 223, Ley 136-03
What can I require of the school if my child is being bullied?
That it activate its route and put it in writing. The school must have a Reglamento de Convivencia (its own coexistence rules) that has been shared with the community (Art. 14, Ordenanza 05-2023 — the MINERD school-coexistence rules), mediation teams (Art. 10) and a Libro de Registro de Denuncias (a complaints register) (Art. 46). School bullying is a very serious breach with mandatory referral to Orientación y Psicología (the guidance and psychology service) (Art. 23). The Equipo de Gestión (the school’s management team) assesses serious and very serious breaches within a maximum of 48 working hours (Art. 39), the measure is authorised by the school leadership with the student and the family informed in writing (Art. 38), and you may appeal within 48 hours to the school and then to the District and Regional Committees (Arts. 41 and 44). Ask for written confirmation of every step.
- Art. 14, Ordenanza 05-2023
- Art. 23, Ordenanza 05-2023
- Art. 38, Ordenanza 05-2023
- Art. 39, Ordenanza 05-2023
- Art. 41, Ordenanza 05-2023
I suspect the school did not report a situation of risk. What can I do?
You can report it yourself: Ley 136-03 (the Code for the Protection of Children and Adolescents) empowers any person to do so, and obliges teaching professionals and principals, public and private (Art. 14). You may go to the Ministerio Público (the public prosecution service) or to CONANI (the National Council for Children and Adolescents) (Código de Ética, Orden 22/2023, Art. 42 — the MINERD Code of Ethics), and MINERD (the Ministry of Education) must maintain reporting mechanisms at the school, the district office and the regional office (Art. 50, Ley 136-03). Moreover, failing to inform of ill-treatment or sexual assault against a child or adolescent is a criminal offence for anyone, and for a public servant refraining from reporting is aggravated (Arts. 325 and 327, Ley 74-25). You may turn to the District Committee and the Regional Committee, to the Dirección de Orientación y Psicología (the MINERD guidance and psychology directorate) (Art. 38, Código de Ética) or directly to CONANI. And there are also MINERD’s own channels: the school’s Comisión de Ética (ethics committee), the suggestion box, the telephone line and the institutional email address (Art. 39, Código de Ética).
- Art. 14, Ley 136-03
- Art. 50, Ley 136-03
- Art. 42, Código de Ética (OD 22/2023)
- Art. 325, Ley 74-25
- Art. 327, Ley 74-25
- Art. 39, Código de Ética (OD 22/2023)
I don’t have my daughter’s birth certificate. Can they refuse to enrol her?
No. “Under no circumstances may education be denied to children and adolescents on grounds such as … the lack of identity documents or of economic resources, or any other cause that infringes their rights” (Art. 45 Párrafo II, Ley 136-03 — the Code for the Protection of Children and Adolescents), and the Normas de Convivencia (the MINERD school-coexistence rules) expressly prohibit refusing enrolment for lack of a birth certificate and expelling a student over unpaid fees during the school year (Arts. 26 and 28, Ordenanza 05-2023). In criminal terms, denying access to education on discriminatory grounds is an offence (Art. 173.5, as amended by Ley 44-26), and it is prosecuted on private initiative, that is, the victim or their representative must file the complaint (Art. 175). Ask for the refusal in writing and take it to the education district office.
- Art. 45, Ley 136-03
- Art. 26, Ordenanza 05-2023
- Art. 173, Ley 74-25
- Art. 175, Ley 74-25
A video of a fight between students reached me on WhatsApp. Can I forward it?
Do not forward it. For an adult, disclosing the image and the personal details of a child or adolescent in a way that may affect their development, their honour or their reputation, or that stigmatises their conduct, is an aggravated offence (Art. 186 Párrafo III, Ley 74-25); if the content were intimate, the penalty rises to major imprisonment (Art. 192 Párrafo II). Nor should you simply delete it: it may be a useful item of evidence for the authorities. The right thing to do is to report it to the school — the duty to communicate situations of risk reaches the whole community (Art. 11, Ordenanza 05-2023 — the MINERD school-coexistence rules) — and to keep it without sharing it.
- Art. 186, Ley 74-25
- Art. 192, Ley 74-25
- Art. 11, Ordenanza 05-2023
Is correcting my children at home now domestic violence?
No. The article itself says so: the education and discipline of children by parents or guardians, respecting the best interests of the child, does not constitute domestic violence (Art. 124 Párrafo IV, as amended by Ley 44-26). What is a criminal offence is something else: physical force, psychological, economic or property violence, and intimidation (Art. 124), aggravated when the victim is a child or adolescent, or when the violence is inflicted in their presence (Art. 126). Physical, psychological and sexual abuse by a person holding authority, custody or supervision also remains in force (Art. 396, Ley 136-03 — the Code for the Protection of Children and Adolescents). Correcting with limits and without violence is what the law protects.
- Art. 124, Ley 74-25
- Art. 126, Ley 74-25
- Art. 396, Ley 136-03

What happens if I don’t report something I suspected and it turns out to have been true?

Failing to inform the judicial or administrative authorities of deprivation, ill-treatment or sexual assault against a child or adolescent is a criminal offence (Art. 325, Ley 74-25). Even before that, Ley 136-03 (the Code for the Protection of Children and Adolescents) already requires every teaching professional, public or private, to report knowledge “or suspicion” of abuse (Art. 14), and the Normas de Convivencia (the MINERD school-coexistence rules) repeat this for school staff (Art. 11, Ordenanza 05-2023). You need neither certainty nor proof. Your concrete step: inform the school leadership and Orientación y Psicología (the guidance and psychology service) the same day, in writing, and check that the referral to the Ministerio Público (the public prosecution service) or CONANI (the National Council for Children and Adolescents) goes out within 24 hours (Art. 42, Código de Ética — the MINERD Code of Ethics).

Can I be accused of anything for reporting, if in the end it turns out nothing happened?

No. Ley 136-03 (the Code for the Protection of Children and Adolescents) declares the person who reports “exempt from criminal and civil liability with respect to the information they provide” (Art. 14). A false report is a different matter: it requires voluntarily filing a complaint that falsely imputes an offence to another person (Art. 329, Ley 74-25); and false imputation before the Ministerio Público (the public prosecution service) additionally requires having acted in the knowledge that it was false, or with reckless disregard for the truth (Art. 338). Reporting a reasonable suspicion in good faith is not that. If you are a counsellor, a psychologist or school health staff, professional secrecy does not block you either: reporting sexual assault or other cruelty against a child or adolescent is expressly excepted (Art. 196, Ley 74-25). Write down what you observed, with the date, and activate the school’s referral route.

Can I still correct a student, or does that count as harassment now?

You can, and you should. Correcting, talking things through, reprimanding in private, setting a reflective task, agreeing something in writing with the family and holding a device until the end of the school day are exactly the measures the Normas de Convivencia (the MINERD school-coexistence rules) prescribe (Arts. 18, 21 and 24, Ordenanza 05-2023). What the law forbids is something else: corporal punishment, verbal abuse, collective punishment and financial penalties (Art. 26, Ordenanza 05-2023; Art. 48, Ley 136-03), and cruel, inhuman or degrading treatment, which is indeed a criminal offence and is aggravated when the victim is a child or adolescent (Art. 119, Ley 74-25). The line is clear: authority yes, humiliation no.

A student messages me on WhatsApp or Instagram. Can I reply?

The MINERD (Ministry of Education) rule is not to engage individually with a student through digital tools: group meetings only, or meetings with the guardians (Art. 13, Código de Ética — the MINERD Code of Ethics), and not to use social media for purposes other than education (Art. 10). Nor is it appropriate to meet a student outside school hours and premises, or to give them gifts (Art. 10). This is not distrust of you: it is the boundary that also protects you, because the Code aggravates sexual conduct committed by electronic means and within a relationship of authority or an academic context (Arts. 134 and 145, Ley 74-25). In practice: reply in the class group or on the institutional channel, and tell the student that is why.

A student has told me something serious. What do I do in the first hour?

Listen without interrogating, without suggesting answers and without asking them to repeat the account several times. Write down word for word what they said, with the date and time. Do not promise absolute confidentiality: reporting is mandatory (Art. 14, Ley 136-03 — the Code for the Protection of Children and Adolescents; Art. 325, Ley 74-25). Do not confront the person named and do not bring the parties together: altering the scene or items of evidence is an offence in its own right (Art. 326, Ley 74-25), and the inquiry belongs to the authorities, not to the Comisión de Ética (the school’s ethics committee) (Art. 48, Código de Ética — the MINERD Code of Ethics). Your next step: hand the written record to the school leadership and to Orientación y Psicología (the guidance and psychology service) the same day.

Can I post photos of my class on my own social media?

Not without consent and not outside an institutional frame. Disclosing the image and the personal details of a child or adolescent in a way that may affect their development, their honour or their reputation, or that stigmatises their conduct, is an aggravated offence (Art. 186 Párrafo III, Ley 74-25), and collecting or disclosing personal data by automated means without consent is an offence in its own right (Art. 198). Ley 136-03 (the Code for the Protection of Children and Adolescents) recognises the right to the preservation of one’s image and identity (Art. 12), and posting on social media about members of the school community without their consent is a serious school breach (Art. 20, Ordenanza 05-2023 — the MINERD school-coexistence rules). The safe route: institutional channel, written authorisation from the families, and never any identifying details.

A father insulted me publicly in a WhatsApp group. Is that ultraje — the offence against a public official?

Not any more. Ley 44-26 narrowed ultraje (insulting a public official) to the judicial sphere — judges, court clerks, the Ministerio Público (the public prosecution service), bailiffs, interpreters and expert witnesses (Art. 310, as amended by Ley 44-26). Offences against a teacher are pursued as insult (Art. 210, Ley 74-25), defamation (Art. 208, as amended by Ley 44-26) or threat (Art. 154), depending on what was said. Bear one nuance in mind: if you are staff at a public school, you are a public servant for criminal-law purposes (Art. 77), and where public servants are concerned only expressions that affect their private life or that are manifestly insulting are pursued (Art. 211 Párrafo II, as amended by Ley 44-26). Keep dated screenshots and channel the complaint through the school and the education district office.

An adult threatened me to make me change their child’s grade. Am I protected?

Yes. Threatening or intimidating a public official so that they carry out or refrain from an act belonging to their duties is a very serious offence (Art. 309, Ley 74-25), and staff at public schools are public servants for criminal-law purposes (Art. 77). Threats in general are also defined as an offence, aggravated when the threat is conditional or is made in front of a child or adolescent (Art. 154). And if the pressure is aimed at stopping you from reporting, or at making you retract, there is a specific offence for that (Art. 328). The first thing the school can do for you is document it: screenshot, date, witnesses, and a written record filed with the school leadership.

The student who is harassing another is 12. Can I take him to the prosecution service?

No, and there is no need to. Children under 13 “are in no case criminally responsible” and may not be detained, deprived of liberty or punished by any authority (Art. 223 Párrafo, Ley 136-03 — the Code for the Protection of Children and Adolescents). What applies is the protection route: the school adopts measures together with the Equipo de Gestión (the school’s management team) and Orientación y Psicología (the guidance and psychology service) (Art. 30 Párrafo II, Ordenanza 05-2023 — the MINERD school-coexistence rules), attends to the student who was harmed — school bullying is a very serious breach (Art. 23) — and works with both families. From the age of 13, referral to the Fiscalía de Niñez y Adolescencia (the children and adolescents prosecution office) does apply (Art. 30, Ordenanza 05-2023).

If a student is injured while under my supervision, am I criminally liable?

Not automatically. The Code attributes a result to a person who, having the duty and the real possibility of preventing it, does not prevent it, where that person is the guarantor of the protection of a legal interest or of the supervision of a source of danger (Art. 12, Ley 74-25). That requires three things: a duty, an effective possibility of preventing the result, and that the omission be equivalent to causing it. An accident that happens despite diligent supervision does not meet that standard. Negligent injury requires clumsiness, recklessness or negligence (Art. 150). What protects you is a routine you can prove: effective supervision, written permission for outings, and a record of what was done (Art. 12, Código de Ética — the MINERD Code of Ethics).

How long does the school have to refer a report of abuse?

A maximum of 24 hours. The Código de Ética (the MINERD Code of Ethics) requires reports of child, psychological or sexual abuse, or of exploitation, to be filed with the Ministerio Público (the public prosecution service) or CONANI (the National Council for Children and Adolescents) “within a period of no more than 24 hours” (Art. 42). Where there is a risk to life, the education district office must also be notified within 48 hours (Art. 27 Párrafo I, Ordenanza 05-2023 — the MINERD school-coexistence rules). That deadline does not wait for the school to form a view: the obligation arises from knowledge or suspicion (Art. 14, Ley 136-03 — the Code for the Protection of Children and Adolescents), and failing to inform is a criminal offence (Art. 325, Ley 74-25). Record it in the school’s Libro de Registro de Denuncias (the complaints register) (Art. 46, Ordenanza 05-2023).

Can I expel a student for a very serious breach?

Expulsion as a sanction — and pressuring a student into withdrawing — is prohibited during the school year (Art. 27, Ordenanza 05-2023 — the MINERD school-coexistence rules). A student may only be removed from the premises where there is a situation that endangers integrity and safety, assessed jointly by the school’s internal and external bodies (Art. 27). And where there is a risk or threat to the life of any member of the school community, the management team must take protective measures and notify the education district office within 48 hours (Art. 27 Párrafo I). It is also prohibited to deny access, withdraw break time, deny food, toilets or exams, expel a student over unpaid fees during the school year, or refuse enrolment for lack of a birth certificate (Art. 26), as well as to expel pregnant adolescents or adolescent mothers or fathers (Art. 28). For very serious breaches the measures provided for are different ones (Art. 24).

We have received a protection order involving a student. What does the school do?

Comply with it and keep a record. Protection orders may prohibit a person from approaching the home, the workplace or the places the victim frequents, and the school is one of them (Art. 131, Ley 74-25); they may also grant temporary custody of the children (Art. 131). The Ministerio Público (the public prosecution service) may issue them provisionally, with judicial confirmation within 48 hours (Art. 128 Párrafo II). Breaching a protection order is a criminal offence (Art. 133), and so is taking or keeping a child or adolescent outside recognised rights (Art. 220). Instruct the gate staff and the teachers in writing as to who may collect that student.

What does a compliance programme need in order to be worth anything?

Ley 44-26 raised the minimum content to eleven elements: a code of conduct, a risk map, ongoing training in human rights, an autonomous supervisory body, an action protocol with a disciplinary system, anonymous reporting channels with protection for whistleblowers, investigation procedures, periodic review and documentary traceability, among others (Art. 8 Párrafo VI, as amended by Ley 44-26). A genuine programme mitigates liability (Párrafo III); full exemption additionally requires that the programme was circumvented through fraudulent manoeuvres by someone outside the management (Párrafo IV). In Mipymes (micro, small and medium-sized enterprises), the governing body itself may take on the supervisory function (Párrafo VII). To a large extent, this is what your Comisión de Ética (ethics committee) already does: what is missing is to organise it and document it.

From when can the school be criminally convicted as an institution?

Three months after 5 August 2026. Ley 44-26 expressly deferred the entry into force of Arts. 8, 9, 10 and 11 of Ley 74-25 — the regime of criminal liability of legal persons — so that entities can adapt (Art. 31, Ley 44-26). The rest of the Code has been in force since August 2026 (Art. 393, Ley 74-25; Art. 30, Ley 44-26). That window is not a passive extension: it is the time provided to put the compliance programme in order. Start with your own school’s risk map, not with a generic checklist.

We are a public school. Can we be held liable as a legal person too?

No. The State, the municipalities, autonomous and decentralised bodies governed by public law, and administrative bodies empowered to exercise public authority are exempt from the regime of criminal liability of legal persons (Art. 13, Ley 74-25); the article itself clarifies that its provisions do not apply to public-law corporations (Párrafo I). Public schools, as State bodies, fall within that exemption; private schools set up as companies, foundations or associations do come under the regime (Art. 8). Watch the other side of it: staff at public schools are public servants for criminal-law purposes (Art. 77), a status that in several offences operates as an aggravating factor and that makes refraining from reporting more serious (Art. 327). Institutional exemption is not personal exemption.

I’m being bullied at school. What can I do?

You have the right to know where to report, and to be heard, protected and supported whenever your rights are breached (Art. 7, Ordenanza 05-2023 — the MINERD school-coexistence rules), and the education system must have reporting mechanisms at the school, the district office and the regional office (Art. 50, Ley 136-03 — the Code for the Protection of Children and Adolescents). School bullying is a very serious breach, and referring it to Orientación y Psicología (the guidance and psychology service) is mandatory (Art. 23, Ordenanza 05-2023). Outside school, the Code names harassment in the educational sphere — mockery, verbal abuse, exclusion, isolation — as an offence (Art. 121, as amended by Ley 44-26). Write down what happens, with dates, save screenshots, and talk to your counsellor or to a teacher you trust.

What has to exist in writing at the school before an incident happens?

Four things, all required by rules in force: the school’s own Reglamento de Convivencia (its coexistence rules), updated every year and with a summary on display in every classroom (Art. 14, Ordenanza 05-2023 — the MINERD school-coexistence rules); the Libro de Registro de Denuncias (the complaints register) (Art. 46); the Comisión de Ética (the ethics committee) constituted and with its reporting channels active (Arts. 29 to 40, Código de Ética — the MINERD Code of Ethics); and the mediation teams, mandatory in every school (Art. 10, Ordenanza 05-2023). Remember that the school’s own rules may not create very serious breaches other than those set out in the Ordenanza (Art. 29). What is drafted after the incident does not replace what should have existed before.

Someone shared an intimate photo of me without permission. Is that a crime?

Yes. Sharing intimate or private content obtained in a private setting, or under a reasonable expectation of confidentiality, without consent, is a criminal offence (Art. 192, as amended by Ley 44-26). And the penalty rises a great deal when the content is intimate or sexual, when it is done with intent to blackmail, extort, take revenge or discredit, when the person affected is a child or adolescent, or when whoever shares it has authority, trust or power over them (Art. 192 Párrafo II). Creating a fake montage is also an offence (Párrafo I). The fact that you sent the photo earlier does not authorise anyone to share it. Save screenshots and tell an adult at your school today.

As a principal, am I criminally liable for what a member of my staff does?

Not for someone else’s act: “no one may be criminally punished for another’s act” (Art. 2.4, Ley 74-25). You answer for your own: if you induced the act or gave decisive assistance (Arts. 3 and 5), if, being in a position of guarantor, you failed to prevent a result you could have prevented (Art. 12), or if you failed to report ill-treatment, or refrained from reporting while under an obligation to do so (Arts. 325 and 327, aggravated for public servants). Put another way: what is examined is your own diligence. A school with a written referral route, a record of what was done and timely referral holds the best evidence of that diligence.

Someone opened a fake account with my name and my photo. What do I do?

Passing yourself off with someone else’s identity by electronic means, or using personal identifying information — name, email, username, password — to break the law, is a criminal offence, and whoever provides the means is equally liable (Art. 188, Ley 74-25). At school, impersonation and hacking are very serious breaches (Art. 23, Ordenanza 05-2023 — the MINERD school-coexistence rules). And if they also post humiliating or intimidating messages to degrade you or isolate you, that is cyberbullying or cyber-harassment (Art. 123, as amended by Ley 44-26). Your concrete step: save screenshots with the date and the link, do not reply to the profile, and take it to Orientación y Psicología (the guidance and psychology service) the same day.

I’m 16 and I committed a serious offence. Am I going to prison?

The criminal justice system for adolescents applies from the completed age of 13 and up to the day a person turns 18, that day included, and its declared purpose is education, rehabilitation and social inclusion, not punishment (Arts. 225 and 326, Ley 136-03 — the Code for the Protection of Children and Adolescents). The usual outcomes are socio-educational sanctions and orders of guidance and supervision (Art. 327). Deprivation of liberty is exceptional (Art. 336): home detention and free-time detention do not go beyond six months and must not affect your attendance at school (Arts. 337 and 338), and committal applies only on the specific grounds listed in Art. 339. The long sentences of the Criminal Code are for adults.

Does the new Criminal Code apply to my 15-year-old son?

The Code defines which conduct constitutes an offence, but its prison sentences do not apply to adolescents. From the completed age of 13 and up to the day he turns 18, that day included, he answers before the criminal justice system for adolescents: he is investigated by the Dirección Nacional de Niños, Niñas y Adolescentes del Ministerio Público (the national children and adolescents directorate of the public prosecution service) and tried by the Tribunal de Niños, Niñas y Adolescentes (the children and adolescents court) (Arts. 221 to 225, Ley 136-03 — the Code for the Protection of Children and Adolescents), with an express purpose of education, rehabilitation and social inclusion (Art. 326). The judge imposes socio-educational sanctions or orders of guidance and supervision; deprivation of liberty is exceptional (Arts. 327 and 336). Before the age of 13 there is no criminal responsibility of any kind (Art. 223 Párrafo).

What can I require of the school if my child is being bullied?

That it activate its route and put it in writing. The school must have a Reglamento de Convivencia (its own coexistence rules) that has been shared with the community (Art. 14, Ordenanza 05-2023 — the MINERD school-coexistence rules), mediation teams (Art. 10) and a Libro de Registro de Denuncias (a complaints register) (Art. 46). School bullying is a very serious breach with mandatory referral to Orientación y Psicología (the guidance and psychology service) (Art. 23). The Equipo de Gestión (the school’s management team) assesses serious and very serious breaches within a maximum of 48 working hours (Art. 39), the measure is authorised by the school leadership with the student and the family informed in writing (Art. 38), and you may appeal within 48 hours to the school and then to the District and Regional Committees (Arts. 41 and 44). Ask for written confirmation of every step.

I suspect the school did not report a situation of risk. What can I do?

You can report it yourself: Ley 136-03 (the Code for the Protection of Children and Adolescents) empowers any person to do so, and obliges teaching professionals and principals, public and private (Art. 14). You may go to the Ministerio Público (the public prosecution service) or to CONANI (the National Council for Children and Adolescents) (Código de Ética, Orden 22/2023, Art. 42 — the MINERD Code of Ethics), and MINERD (the Ministry of Education) must maintain reporting mechanisms at the school, the district office and the regional office (Art. 50, Ley 136-03). Moreover, failing to inform of ill-treatment or sexual assault against a child or adolescent is a criminal offence for anyone, and for a public servant refraining from reporting is aggravated (Arts. 325 and 327, Ley 74-25). You may turn to the District Committee and the Regional Committee, to the Dirección de Orientación y Psicología (the MINERD guidance and psychology directorate) (Art. 38, Código de Ética) or directly to CONANI. And there are also MINERD’s own channels: the school’s Comisión de Ética (ethics committee), the suggestion box, the telephone line and the institutional email address (Art. 39, Código de Ética).

I don’t have my daughter’s birth certificate. Can they refuse to enrol her?

No. “Under no circumstances may education be denied to children and adolescents on grounds such as … the lack of identity documents or of economic resources, or any other cause that infringes their rights” (Art. 45 Párrafo II, Ley 136-03 — the Code for the Protection of Children and Adolescents), and the Normas de Convivencia (the MINERD school-coexistence rules) expressly prohibit refusing enrolment for lack of a birth certificate and expelling a student over unpaid fees during the school year (Arts. 26 and 28, Ordenanza 05-2023). In criminal terms, denying access to education on discriminatory grounds is an offence (Art. 173.5, as amended by Ley 44-26), and it is prosecuted on private initiative, that is, the victim or their representative must file the complaint (Art. 175). Ask for the refusal in writing and take it to the education district office.

A video of a fight between students reached me on WhatsApp. Can I forward it?

Do not forward it. For an adult, disclosing the image and the personal details of a child or adolescent in a way that may affect their development, their honour or their reputation, or that stigmatises their conduct, is an aggravated offence (Art. 186 Párrafo III, Ley 74-25); if the content were intimate, the penalty rises to major imprisonment (Art. 192 Párrafo II). Nor should you simply delete it: it may be a useful item of evidence for the authorities. The right thing to do is to report it to the school — the duty to communicate situations of risk reaches the whole community (Art. 11, Ordenanza 05-2023 — the MINERD school-coexistence rules) — and to keep it without sharing it.

Is correcting my children at home now domestic violence?

No. The article itself says so: the education and discipline of children by parents or guardians, respecting the best interests of the child, does not constitute domestic violence (Art. 124 Párrafo IV, as amended by Ley 44-26). What is a criminal offence is something else: physical force, psychological, economic or property violence, and intimidation (Art. 124), aggravated when the victim is a child or adolescent, or when the violence is inflicted in their presence (Art. 126). Physical, psychological and sexual abuse by a person holding authority, custody or supervision also remains in force (Art. 396, Ley 136-03 — the Code for the Protection of Children and Adolescents). Correcting with limits and without violence is what the law protects.

The words of the law

Glossary

The terms this Code uses, explained in the words of the school.

Hostigamiento (harassment): Intimidating, insulting, mocking or verbally attacking someone, or encouraging exclusion or isolation — in the educational, working or social sphere — in order to shame, denigrate, frighten, humiliate, manipulate or hinder the development of a person or group. It is the name the Code gives to what schools call bullying. It is aggravated when the victim is a child or adolescent.

Art. 121, Ley 74-25 (texto 44-26)
Art. 122, Ley 74-25 (texto 44-26)
Acoso (persistent harassment): Pursuing, harassing or besieging a person repeatedly, disrupting their everyday life. It is aggravated when the victim is a child or adolescent, when victim and aggressor share common spaces, when there is dependence or subordination, or when the conduct occurs within a working, educational or training relationship.

Art. 143, Ley 74-25
Art. 144, Ley 74-25 (texto 44-26)
Agresión sexual y violación sexual (sexual assault and rape): Sexual assault is any sexual act committed with violence, coercion, threat, surprise, deceit or any means that overrides the will. Rape adds penetration of any nature or the introduction of an object without valid consent. Both are aggravated when the victim is a child or adolescent and when the perpetrator abuses the authority or the trust attached to their duties.

Art. 134, Ley 74-25
Art. 135, Ley 74-25
Art. 137, Ley 74-25
Posición de garante (position of guarantor): The situation of someone who has the duty and the possibility of preventing a harmful outcome: the guarantor of the protection of a legal interest or of the watch over a source of danger, by law, by contract or by having voluntarily assumed the protection of a person. A teacher in charge of a group assumes it. It does not turn every accident into a crime: it requires a duty, a real possibility of acting, and equivalence with causing the outcome.

Art. 12, Ley 74-25
Vacatio legis: The period between the publication of a law and the day it begins to apply, provided so that people and institutions can prepare. The Criminal Code set its own at twelve months from its enactment and publication, so that it has been in force since August 2026. It is not a suspension: it is time to adapt.

Art. 393, Ley 74-25
Art. 30, Ley 44-26
Vigencia diferida (deferred entry into force): The exception by which one part of a law begins to apply after the rest. Ley 44-26 applied it to the criminal liability of legal persons: the articles governing it enter into force three months after 5 August 2026, so that entities can adapt. Everything else in the Code already applies.

Art. 31, Ley 44-26
Art. 8, Ley 74-25
Prisión mayor and prisión menor (greater and lesser imprisonment): The Code’s two scales of deprivation of liberty. Prisión mayor runs from 5 to 40 years and corresponds to very serious offences; prisión menor runs from 15 days to 5 years and corresponds to serious offences. Minor offences carry no imprisonment: they are punished with a fine and, where applicable, with complementary penalties. Knowing which scale an offence sits on tells you its gravity immediately.

Art. 23, Ley 74-25
Art. 26, Ley 74-25
Art. 32, Ley 74-25
Salario mínimo (the minimum wage as the unit for fines): The Code does not express fines in pesos but in public-sector minimum wages, so that their value updates on its own whenever that wage changes. That is why a penalty is stated, for example, as a fine of 9 to 15 minimum wages. To translate it into pesos you need the current amount of that wage, a figure that must be checked against the official source.

Art. 24, Ley 74-25
Persona jurídica (legal person): An entity with a personality of its own — a company, foundation or association — which may be criminally liable for the acts or omissions of its bodies, representatives or subordinates, where there was also a failure in its duties of direction, control or supervision. Private schools fall within that regime; the State, the municipalities and public bodies are exempt, although their natural persons are liable.

Art. 8, Ley 74-25 (texto 44-26)
Art. 9, Ley 74-25
Art. 13, Ley 74-25
Prescripción (limitation period): The period after which an offence can no longer be prosecuted. It matters especially in sexual matters: when the victim is a child or adolescent, a person with a disability or a vulnerable person, the period is thirty years counted from the age of majority. A student who suffered abuse at the age of ten can report it long after reaching adulthood.

Art. 141, Ley 74-25 (texto 44-26)
Buena fe del denunciante (good faith of the person reporting): The principle by which anyone who reports a reasonable suspicion of abuse against a child or adolescent is “exempt from criminal and civil liability with respect to the information they provide”. Neither certainty nor proof is required of them. It is distinct from a false report — voluntarily presenting an authority with a complaint that falsely imputes an offence (Art. 329) — and, above all, from false imputation, which requires having acted in the knowledge of the falsity or with reckless disregard for the truth (Art. 338).

Art. 14, Ley 136-03
Art. 329, Ley 74-25
Art. 338, Ley 74-25
Art. 196, Ley 74-25
Justicia penal de la persona adolescente (criminal justice for adolescents): The specialised system that tries those who, at the time of the offence, were from the completed age of 13 and up to the day they turn 18, that day included, with its own prosecution service and its own Tribunal de Niños, Niñas y Adolescentes (children and adolescents court). Its declared purpose is education, rehabilitation and social inclusion. It applies the offence definitions of the Code, but not its penalties: it imposes socio-educational sanctions and orders of guidance, and deprivation of liberty only exceptionally.

Art. 225, Ley 136-03
Art. 326, Ley 136-03
Art. 336, Ley 136-03
Sanción socioeducativa (socio-educational sanction): The response the specialised justice system imposes on an adolescent with a formative, not a retributive, purpose. Together with the orders of guidance and supervision — among them the order to enrol in a school — it constitutes the ordinary route; deprivation of liberty remains an exceptional resort (Art. 336); home detention must not affect attendance at a school and cannot exceed six months (Art. 337), and the free-time sanction is served on holidays and on weekends with no classes (Art. 338).

Art. 327, Ley 136-03
Art. 336, Ley 136-03
Art. 337, Ley 136-03
Art. 338, Ley 136-03
CONANI: Consejo Nacional para la Niñez y la Adolescencia (the National Council for Children and Adolescents), a body of the protection system created by Ley 136-03. It is one of the authorities to which a school refers reports of abuse, alongside the Ministerio Público (the public prosecution service), within a maximum of twenty-four hours. It also receives the cases of students who have dropped out of school and whom the school leadership has been unable to bring back.

Art. 47, Ley 136-03
Art. 42, Código de Ética
Art. 31, Ordenanza 05-2023
Ministerio Público (the public prosecution service): The body that investigates criminal offences and exercises public prosecution: where the action is a public one, it falls to the service to open the investigation on its own initiative, on a report or on a private complaint (Art. 236, Ley 136-03). In matters concerning childhood, that function is today exercised by the Dirección Nacional de Niños, Niñas y Adolescentes del Ministerio Público (the national children and adolescents directorate of the public prosecution service) — Ley 136-03, of 2003, calls it «Ministerio Público de Niños, Niñas y Adolescentes» —, before which any person may report a criminal act committed by an adolescent (Art. 238); to protect a child from ill-treatment or abuse, reporting is governed by Art. 14. It may also issue provisional protection orders, which a judge confirms within the following forty-eight hours.

Art. 236, Ley 136-03
Art. 238, Ley 136-03
Art. 14, Ley 136-03
Art. 128, Ley 74-25
Normas de Convivencia (the MINERD school-coexistence rules): The MINERD framework governing school coexistence in public and private schools, including activities outside the premises, work placements and contracted school transport. It classifies breaches as minor, serious and very serious, sets the applicable educational measures, prohibits corporal punishment and, during the school year, expulsion as a sanction, and requires every school to have its own Reglamento de Convivencia (school coexistence rules).

Art. 3, Ordenanza 05-2023
Art. 14, Ordenanza 05-2023
Art. 26, Ordenanza 05-2023
Código de Ética (the MINERD code of ethics): The MINERD rule governing the conduct of teaching and administrative staff in public and private schools: the strictly academic and formative nature of the relationship with students, limits on one-to-one digital contact, requirements for school trips, restrictions and the disciplinary regime. Its sanctions are disciplinary and apply without prejudice to civil and criminal liability.

Art. 10, Código de Ética
Art. 13, Código de Ética
Art. 24, Código de Ética
Distrito y regional educativos (the education district and regional offices): The two levels of MINERD’s devolved management above the school. Situations of risk are notified to them within the prescribed deadlines, and decisions taken by the school are appealed to them: first to the Comité Distrital (the district committee) and then to the Regional. They are also where a family can complain when the school does not respond.

Art. 27, Ordenanza 05-2023
Art. 41, Ordenanza 05-2023
Art. 44, Ordenanza 05-2023
Interés superior del niño (the best interests of the child): The guiding principle that requires every decision to be taken in the way that best protects the development and the rights of the child or adolescent. It is the criterion through which all the other rules are read: it makes parental discipline a legitimate power when it respects that principle, and it gives meaning to the absolute priority that Ley 136-03 recognises for childhood.

Art. 124, Ley 74-25
Principio V, Ley 136-03
Art. 4, Ordenanza 05-2023
Tentativa (attempt): The beginning of the commission of an offence that is not completed for reasons beyond the will of the person committing it. For very serious offences it is punished in the same way as the completed act; for serious offences only where the law says so expressly; for minor offences never. That is why an attempted serious offence against a student is not a lesser matter.

Art. 14, Ley 74-25
Agravante (aggravating circumstance): A circumstance that raises the penalty for an offence. The ones that matter most in the school setting are that the victim is a child or adolescent, that the perpetrator abuses the authority or the trust attached to their duties, the use of weapons, and the status of public servant. It is also an aggravating circumstance that the act occurs in premises used as a school.

Art. 72, Ley 74-25
Art. 77, Ley 74-25
Art. 226, Ley 74-25
Concurso de infracciones (concurrence of offences): The rules that determine how punishment works when one and the same act fits several offence definitions, or when a person commits several offences. It matters here because some conduct against students is described both in the Criminal Code and in Ley 136-03, which remains in force in those articles.

Art. 46, Ley 74-25
Art. 47, Ley 74-25
Art. 396, Ley 136-03

The team’s commentary

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