The renewed intention of the government to challenge the decline in the age of imputability of minors, to take them from 16 to 15 years, will begin in Congress with uncertain prognosis
Not just for over twenty years, the subject is a matter of discussion and has repeatedly returned as a flag to fight crime, always unsuccessfully.
This time there is not even a crime of social impact, as in previous years, this creates a climate of opinion prone to this change. It is only in an election year that everyone presages that Congress will operate in a restricted way, and that only projects that meet a consensus with the opposition will pass.
For now, the Government has confirmed through the Minister of Security, Patricia Bullrich, which will be sent by the initiative to Special sessions of February.
But the initiative will Chamber of Deputies, where referents of Kirchnerism, Federal Peronism, Massism, RedxArgentina, Evita Movement and the left, or were against or questioned that it is about "Marketing" campaign and a "smokescreen" in front of the problems of the economy.
In the Senate, the climate does not seem so hostile to the ruling party, despite being its main interlocutor in the PJ, Miguel Pichetto, He was not convinced either.
"There are crimes that commit minors, but not the problem that Argentina is experiencing today on security issues, "the distant Rionegrino, consulted by Clarin. For Pichetto "the low age is a sterile debate, always has questions of questioning, "and said that work should be done based on the project Juvenile Criminal Regime which the Senate approved in 2009.
It was with the endorsement of the then president Cristina Kirchner and the initiative diminished the imputability of the minors to the 14 years. It has never been discussed in the lower house.
Deputies came back to get expressions that generate doubts about the possibility of Let's change the votes needed to reach the majority.
O Salta Pablo Kosiner, The head of the Federal Reserve Bank of Argentina considered the project "difficult" this year: "The criminal tries many to a speech of electoral impact"He warned.
Graciela Camaño, head of the Clarin that "the government has the idea & # 39; bolsonorize & # 39; the campaign"However, he stated that" we will work like all security projects, at the idea of leaving. Our proposes a 14-year low, but it's about having a regime so that children are not held hostage than the judges want. "
In January 2017, the Ministry of Justice led by Germán Garavano pushed the decline of the age (for 14 years, now they softened) in the context of the need for a Youth Criminal Regime which they all recognize, is a pending issue of "democracy." Garavano tried to show that the initiative was not tied to the conjuncture: he said that the intention was to vote the project "after" the elections.
The context was propitious: society was impacted by the murder of Brian Aguinaco, a boy of 14 years, by another one under 15 years.
But beyond the differences with the opposition, neither "closed" in the ruling party. "The decline of age was challenged by Social Development, the Child Bureau, in line with Unicef who did not agree," he recalled. Clarin a government source, recognizing obstacles in the government itself, and because of this Jammed
Despite the entire government, he returned to prosecution. The draft of the draft prepared by Garavano establishes that the "Juvenile Criminal Responsibility System" will be applied "to adolescents over 15 and under 18 at the time of commission of the act."
For boys of 15 years, only the regime will be applied when they commit themselves "Any crime punishable by a maximum sentence of 15 years or more in the Penal Code". That is, only for the most serious crimes.
Not everything the President asks for comes to fruition in Parliament, as was seen at the end of last year with the failure of the rents or the project to combat thugs. The desire to insist seems to be given by research showing insecurity as the main demand of the electorate (along with inflation), and the arrival of Jair Bolsonaro in Brazil, who succeeded with his hard-line speech.
From the officialdom, the 2nd Vice-President of the deputies, the radical Luis Petri, left to endorse the initiative: "A person of 15 years can be submitted to process if he understands the criminality of his actions. "
Civic Juan Manuel López, Elisa Carrió's right-hand man, recalled that his party has a project to establish a regime of 14 to 18 years and that is "to legislate according to the Convention on the Rights of the Child"