The Argentine president, Javier Milei, has suggested that the minimum age for charging and trying minors for crimes could be lowered to as young as 10 years old. This comes as he continues to defend his government’s proposal to reduce the age from 16 to 13. In an interview with LN+ on Sunday, Milei pointed out that some countries around the world have already set the age at 10, implying that Argentina could follow suit. This statement has reignited a heated debate in the country regarding the minimum age of criminal responsibility.
Currently, Argentine law, as outlined in the Régimen Penal a la Minoridad (law N° 22.278), stipulates that individuals under the age of 16 cannot be prosecuted. For those between 16 and 18 years old, prosecution is only possible for public action crimes, which are serious offenses that do not require a private complaint to initiate an investigation, or crimes that carry a sentence of more than two years in prison. Moreover, individuals in this age group cannot start serving their sentence in prison until they turn 18; instead, they are held in specialized centers for minors until then.
Data from the Relevamiento Nacional de Dispositivos Penales Juveniles y su Población, released by the Secretaría de Niñez, Adolescencia y Familia, indicates that in the first half of 2023, there were 2,407 minors in such centers, with 1,022 of them being under the age of 16. The recent case of Kim Gómez, a seven-year-old girl who was dragged to her death by a vehicle stolen by a group of minors, has further fueled the discussion. One of the perpetrators, a 14-year-old, would have been ineligible for release and would be in prison if the proposed age reduction were in place, Milei argued, using this tragic event to justify his government’s plans.
Milei also took the opportunity to criticize Axel Kicillof, the governor of the province of Buenos Aires, where the incident occurred. He claimed that Kicillof, a member of the peronist party, is more interested in protecting criminals than supporting law-abiding citizens. Milei’s comments reflect a deeper political divide, with Kicillof advocating for collaborative efforts between the national and provincial governments to combat violence. In response to Kicillof’s calls for joint action, Milei has suggested that the governor step down and allow the national government to intervene in the province, promising to eradicate violence within a year. According to Milei, Kicillof is part of the problem and not the solution to the country’s violence issues.
Key Points About the Current Law and Proposed Changes
- The current minimum age for prosecution in Argentina is 16 years old.
- Between 16 and 18 years old, individuals can only be tried for public action crimes or those carrying a sentence of more than two years in prison.
- Minors cannot serve prison sentences until they are 18; they are held in specialized centers before then.
- The proposed change aims to lower the minimum age of criminal responsibility to 13 years old.
- There were 2,407 minors in detention centers in the first half of 2023, with 1,022 under 16 years old.
Perspective on the Debate
The debate surrounding the minimum age of criminal responsibility is complex, involving considerations of juvenile justice, rehabilitation, and public safety. Proponents of lowering the age argue that it could help deter juvenile crime and provide a sense of justice for victims and their families. However, critics express concerns about the potential for miscarriages of justice and the need for a more nuanced approach that focuses on rehabilitation and addressing the root causes of juvenile delinquency. As Argentina grapples with this issue, the international community watches, considering the implications of such policies on human rights and the treatment of minors in the justice system.
