Art. 33. If the offended party is under 18 (eighteen) years old, or mentally ill, or mentally retarded, and does not have a legal representative, or the interests of the latter collide with those of the former, the right of complaint may be exercised by a special guardian, appointed, ex-officio or at the request of the Public Prosecutor’s Office, by the judge competent for criminal proceedings.
Considerations
Offended minor: If the offended is a minor or mentally retarded and does not have a legal representative, or the interests of the representative collide with those of that one, the complaint can be filed by a curator appointed by the judge. There is a collision between the interests of the victim’s representative and the latter when, for example, the latter and the offender are friends.
Position of Special Trustee: Once appointed, the Special Trustee is under no obligation to press charges. He must examine whether, in the specific case, it is convenient for the minor or disabled person to file a criminal action. The recommendation is for the judge to appoint a trusted lawyer as special guardian.
