This measure primarily aims to toughen public security policies, particularly in combating crime involving minors.
The announcement was made during a press conference led by Minister of Security Patricia Bullrich and Minister of Justice Mariano Cúneo Libarona. Both emphasized that the initiative is part of a broader effort by the Milei government to reform the country’s criminal laws, making them more stringent and aligned with societal demands for greater security and justice.
“We believe that justice cannot be effective without a legal framework that allows federal security forces to act firmly in protecting citizens. President Milei’s decision to lower the age of criminal responsibility is a direct response to growing concerns about impunity and criminal recidivism among youth,” Patricia Bullrich highlighted. She added that the new bill aims not only to hold young offenders accountable but also to break the cycle of criminality and ensure that justice can operate more efficiently.
The proposed bill represents a drastic shift in the Argentine judicial system’s approach to crimes committed by minors, reflecting the government’s stance in favor of stricter security policies. Additionally, it seeks to respond to public pressure for measures that ensure greater protection and security for the population amid rising concerns about crime.
However, the proposal has already sparked heated debates among different sectors of society, with supporters arguing that the measure is necessary to curb impunity, while critics warn of potential negative impacts on the lives of the involved youth. The implementation of this reform will still depend on approval by Congress, where it will undergo intense discussions about the rights of minors and the effectiveness of public security policies in the country.
With this initiative, the Milei government makes it clear that it intends to tackle juvenile crime with determination, positioning public security as a central priority of its administration.
The “Juvenile Penal Regime,” proposed by Javier Milei’s government, introduces profound changes to Argentine legislation, setting the minimum age of criminal responsibility at 13 years. This new legal framework establishes strict punitive measures, with sentences of up to 20 years in prison, depending on the severity of the committed crime.
Among the main points of the Juvenile Penal Regime is that it applies to adolescents aged 13 to 18 years, ensuring that all rights and guarantees recognized by the National Constitution and international instruments are respected. Additionally, juvenile offenders will be housed in special facilities or in separate sections of regular prisons, under the supervision of qualified staff, aiming to provide differentiated and appropriate treatment for this age group.
Minister of Security Patricia Bullrich, in an interview with Clarín, explained that once incorporated into the Penal Code, each Argentine district will need to adapt the new regime to its local procedural codes. She noted that the reality in different provinces varies significantly, necessitating a flexible approach regarding the selection of detention facilities for juvenile offenders. “There are provinces with only two juvenile offenders, so you cannot create a large structure, while others have more,” Bullrich stated, emphasizing the need for specific solutions for each region.
This proposal from the Milei government signals a direct response to concerns about juvenile crime, seeking to balance the need for public security with the protection of minors’ rights. However, the implementation of the Juvenile Penal Regime will require a delicate process of local adaptation, taking into account regional dynamics and available resources to ensure that measures are applied effectively and fairly.
Under the “Juvenile Penal Regime,” communication with the parents of juvenile offenders plays a crucial role. They will be informed about the charges and all procedural acts related to the case, ensuring transparency and family involvement in the judicial process.
The Regime also establishes a strong commitment to protecting victims’ rights. The judge and the Public Prosecutor’s Office will be responsible for closely monitoring the effective protection of these rights, and victims will receive psychological support and free legal assistance, aimed at aiding recovery and ensuring fair treatment.
When the applied sentence is conditional, it will be accompanied by strict supplementary measures. These may include counseling and guidance, participation in educational and civic programs, professional training, medical and psychological assistance, and the requirement to seek and, if possible, obtain employment. Other measures may include regular court appearances, prohibition of alcohol and drug consumption, restrictions on approaching the victim or their family members, driving restrictions, attending specific locations, and traveling out of the country or a specific territorial area.
Regarding specific penalties, the Juvenile Penal Regime provides:
– Sentences of 3 to 6 years: Applied to crimes that do not result in the victim’s death, severe physical or psychological violence, serious injuries in negligent crimes, or in cases without previous processes or convictions. These sentences may be replaced by alternative measures such as warnings, proximity bans, driving prohibitions, restrictions on visiting certain places, community service, and electronic monitoring.
– Sentences under 6 years: For crimes with penalties below this limit, a process of penal mediation with the victim or their representatives may be initiated.
– Maximum sentence: 20 years. After serving two-thirds of the sentence, the court may opt to continue with alternative measures, adjusting the sentence based on the minor’s progress.
The execution of sentences will be monitored by the judge or prosecutor, and the victim will have the option to verify compliance if desired. These measures aim not only to punish but also to rehabilitate the offender and protect the victims’ rights in a comprehensive and fair manner.
The “Juvenile Penal Regime” includes several provisions designed to ensure the effectiveness of sentences and compliance with imposed conditions. In case of unjustified non-compliance with an alternative sentence, the judge has the authority to replace it with a more severe penalty. This measure seeks to ensure that the juvenile offender meets the established conditions and is held accountable for their actions in a fair and proportional manner.
For sentences not exceeding three years, the juvenile offender may have the opportunity for conditional release, provided all established conditions are met. If these conditions are not met, the judge may continue the process without considering the time already served under conditional release, allowing for a more rigorous application of the sentence.
Other relevant aspects of the Juvenile Penal Regime include:
– Non-imputable minors: For minors under 13 years or other cases where criminal responsibility cannot be assigned, the judge will conduct a thorough investigation into the existence and circumstances of the illegal act and the possible involvement of third parties. This investigation involves conducting a psychological assessment, preparing an environmental report, and involving other relevant agencies. If there is a risk of recidivism, the judge may order the minor’s internment for social readjustment, aiming to prevent further criminal behavior.
– Appointment of a supervisor: The judge will appoint a supervisor to monitor the minor during the process. This supervisor will conduct regular interviews with the adolescent, prepare progress reports, and assist in addressing health issues, ensuring that the minor receives the necessary support for rehabilitation and reintegration.
– Delays in the process: Unjustified delays in the process will be considered a serious fault by the judge, which may affect the application of penalties and case management.
– Procedural costs: The prosecutor has the prerogative to fully or partially dismiss the criminal action for crimes with a penalty below six years, provided there are no aggravating circumstances such as the victim’s death, serious injuries, or other pending cases.
These provisions aim to create a more structured and effective penal system for addressing juvenile crime, balancing the need for justice with concerns for rehabilitation and the protection of minors’ and victims’ rights.
