Among the main changes, the regulation establishes that the custodial sentences can reach a maximum of 15 years and expressly prohibits prison or life sentences for minors.
The new legislation reduces the age of criminal responsibility from 16 to 14 years and establishes penalties of up to 15 years in prison
Among the main changes, the regulation establishes that the custodial sentences can reach a maximum of 15 years and expressly prohibits prison or life sentences for minors.
Additionally, it incorporates different alternative mechanisms to confinement, including restraining orders, restitution for damages caused to victims, rules of conduct, educational and community activities, and electronic monitoring systems.
In cases where deprivation of liberty is warranted, adolescents must be housed in facilities specifically equipped and staffed with specialized personnel. The legislation also prohibits them from sharing detention spaces with adults.
Another central point will be the greater participation of victims during the criminal process, who will be able to intervene in the case and receive information about its progress. Furthermore, the legislation includes the civil liability of parents for damages resulting from the illegal acts attributed to their children.
The entry into force of the reform represents a profound change from the guarantee-based scheme that operated for more than four decades and fulfills one of the key points that the ruling party had proposed in its security agenda: to reduce the age of criminal responsibility and increase the State's tools to act against crime.
The new Juvenile Criminal Regime came into effect this Saturday across the country, with one of the main reforms promoted by the national Government in terms of security: from now on, people aged 14 years can be criminally charged for the crimes they commit.
Senator and former Security Minister Patricia Bullrich celebrated the entry into force of the regulation and stated that with the new scheme, the impunity that existed for years regarding crimes committed by minors is beginning to end.
“The excuse of age for committing crimes is over. Those who steal, kill, or harm will be held accountable for their actions,” Bullrich expressed through her social media.
The leader also emphasized that the goal of the reform is to strengthen the protection of victims. “The law must protect victims and not criminals, as some would like,” she asserted, concluding her message by stating: “Impunity is over.”
The new system replaces the regime in effect since 1980, which established the non-imputability of minors under 16 years old. With the modification, the limit is reduced to 14 years, although adolescents will continue to be subject to a specific and differentiated penal regime from that of adults.