Main points of the new juvenile criminal regime: guarantees, penalties, and budget allocation
The newly approved juvenile criminal regime in Argentina proposes to lower the age of criminal responsibility from 16 to 14 years, introducing various legal guarantees for minors.
The Argentine Chamber of Deputies has approved a new juvenile criminal regime, which aims to replace the existing law in force since 1980. A significant aspect of this initiative is the proposed reduction of the age of criminal responsibility from 16 to 14 years, meaning that minors aged 14 and over can be prosecuted under this new framework. This change is part of a broader effort to address juvenile delinquency and adapt the legal system to changing societal expectations.
In terms of legal protections, the new regime emphasizes the importance of protecting the rights of minors involved in the judicial process. It mandates that children, from the beginning of criminal proceedings until their conclusion, be afforded the rights and guarantees outlined in the Argentine Constitution and international human rights instruments. Furthermore, it stipulates that adolescents facing charges must have access to competent and effective legal assistance throughout the entire legal process, thereby ensuring their rights are upheld.
The introduction of this regime also includes specific provisions regarding penalties for minors found guilty of offenses. While penalties will vary depending on the severity of the crime, the regime aims to balance accountability with rehabilitative measures, reflecting a shift toward fostering reintegration rather than solely punitive approaches. The proposal is now set to be debated in the Senate, where it will face further scrutiny and potential amendments before becoming law, highlighting the ongoing national conversation about juvenile justice reform in Argentina.