Government proposes lowering age of criminal responsibility from 16 to 13

Sentences would range from 3 to 6 years, with community service being a possible alternative

The government sent a bill to Congress looking to lower the age of criminal responsibility from 16 to 13, Security and Justice Ministers Patricia Bullrich and Mariano CĂșneo Libarona announced in a joint press conference on Friday.

CĂșneo Libarona argued that the move is needed because the juvenile criminal system — conceived in 1980 — is outdated considering the changes society has undergone. “Thirteen-year-olds are not what they were in 1980: the world has changed, habits, technology, media, etc.,” he said, explaining that youths have “evolved and increased their mental capacity.” 

“They have the consciousness, the will, and the knowledge. They know what a crime is, and they know what they are doing,” he added after listing victims of murders committed by people younger than 16. “What does a mother feel when her son is killed? What does a son feel when his father or grandfather is killed?” he asked.

“Today is an important day for so many families who have lost their children at the hands of a minor who returned home as if nothing had happened after committing a crime — or worse, a murder,” said Bullrich.

According to a press release, sentences will range from three to six years maximum, with the possibility of being replaced with a series of reprimands or community service, provided the victim has not died or suffered serious physical or psychological violence. If any of these circumstances are met, sentences will carry a maximum of 20 years.

Prison stays will be served in special establishments or separate sections of penitentiary establishments under the direction of suitable personnel, they added.

According to a 2023 report by the Supreme Court, 1,767 children or teenagers were the subject of a criminal case in Argentina’s National Court for Minors last year, 7.5% more than in 2022. Of all cases, 83% were robberies, with only fourteen cases linked to homicides, eleven of which were attempted murders.

Unión por la Patria deputy Natalia Zaracho heavily questioned the proposal, saying that minors commit less than 1% of serious crimes. “Not only do they push children into poverty, but now they also want them in jail,” she wrote in a post on X. “Lowering the criminal responsibility age will solve any real security problem. This is pure smoke and mirrors.”

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