CAT/C/39/2 page 15 G. Juvenile offenders 39. In accordance with the Statute of the Child and Adolescent (Law 8069 of 13 July 1990), children are persons below the age of 12 years, whereas adolescents are persons between the ages of 12 years old and below the age of 18.17 40. The Statute states that no child or adolescent shall be subject to any form of negligence, discrimination, exploitation, violence, cruelty and oppression, and any violation of their fundamental rights, either by act or omission, will be punished according to the law.18 41. Article 141 of the Statute states that all children and adolescents have the right to access the Office of the Public Defender, the Public Prosecutor’s Office (Ministerio Público) and the judiciary, and free legal assistance shall be provided to those who need it. 42. The Statute also provides that no adolescent or child shall be deprived of his/her liberty unless arrested in flagrante delicto or by written and well-founded order of a judicial authority.19 Provisional detention, prior to being sentenced, can last a maximum of 45 days.20 Internment of adolescents may only be applied for infractions committed by means of grave threats or violence to a person; repetition of other grave offences; or repeated and unjustified failure to comply with the previously imposed measure, in which case it would only be imposed for a maximum period of three months. However, internment shall not be applied, should it be possible to apply an adequate alternative measure.21 These measures are described in article 112 of the Statute and include, inter alia: reprimand, obligation to repair the damage and community service. The maximum period of internment may not exceed three years, after which the adolescent shall be released or placed in a system of semi-liberty or assisted liberty. Moreover, continued internment should be re-evaluated every six months. Release is compulsory upon the offender reaching the age of 21.22 17 Article 2 of the Statute of the Child and Adolescent. In cases specified in law, the Statute will apply to persons between 18 and 21 years old. 18 Ibid., article 5. 19 Ibid., 106. 20 Ibid., article 108. 21 Ibid., article 122. 22 Ibid., article 121.