Age of Accountability: The Problem Is Not the Law, But How It Is Applied
The debate on lowering the age of accountability has resurfaced in Argentina as the government proposes a legal reform allowing minors from 14 to be criminally charged.
In Argentina, the discussion surrounding the lowering of the age of accountability has gained renewed urgency in public discourse following a series of criminal acts involving minors. The government is pushing for a legal reform, currently under debate in Congress, which has received a preliminary approval from the lower house. The proposed reform notably allows for penal prosecution of minors starting at the age of 14, with maximum sentences of up to 15 years in prison, diverging notably from the existing law, which exempts minors under 16 from accountability.
According to the current legislation, which has been in place since 1980, minors are considered non-accountable until they turn 16, and while they can be judged after they turn 18, they receive lighter sentences. The governmentβs proposed changes would shift these age thresholds, responding to alarm over juvenile crime. However, the reform emphasizes that once guilt is established, other forms of punishment such as rehabilitation measures will be prioritized, indicating a potential shift towards a more rehabilitative approach despite the harsher penalties.
One of the critical aspects often overlooked in the discussion is the lack of proper enforcement of the current laws by the state. While the new reform seeks to address public concerns about juvenile delinquency, it also highlights the existing gaps in the justice system's function regarding how laws have been applied. Advocates argue that rather than simply changing the law, there needs to be a focus on ensuring that existing measures are effectively implemented to adequately support rehabilitation and prevent juvenile crime.