Javier Milei presented the new Penal Code: Penalties for all crimes increase

Javier Milei presented the new Penal Code: Penalties for all crimes increase
President Javier Milei
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Argentina

The Argentine president held the presentation ceremony in front of the Ezeiza Penitentiary Complex

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President Javier Milei and the Minister of National Security, Patricia Bullrich, presented a new bill to reform the Penal Code that will be submitted to the National Congress.

"We need zero tolerance and tougher sentences," the president stated during his speech in front of the Ezeiza Penitentiary Complex. He also noted: "Society asked me to put an end to the scourge of insecurity. Within the law, we put an end to roadblocks, we went after drug trafficking, we re-equipped the security forces, and we lowered the national homicide rate."

In that regard, he added: "For people to be safe again, we need to change the funding system, because years of legal leniency have tied the hands of the security forces, judges, and prosecutors, while giving criminals free rein."

Javier Milei y Patricia Bullrich.
Javier Milei y Patricia Bullrich.

The proposal to reform the Penal Code that Milei's government submitted to Congress establishes a zero-tolerance approach to crime, with measures that include the widespread toughening of sentences, the elimination of benefits for convicted individuals, and the acceleration of judicial processes through the full implementation of the accusatory system.

The bill contemplates an increase in sentencing ranges, both in minimum and maximum limits, the inclusion of specific aggravating factors, and the classification of new forms of criminality.

The Penal Code reform

Among the main proposed changes regarding sentences, the following stand out:

Simple homicide: increases from 8-25 to 10-30 years in prison.

Aggravated homicide: keeps life imprisonment, but adds circumstances such as victims who are minors, elderly adults, public officials, crimes committed in crowded places, or by organizations.

Minor injuries: from 1 month-1 year to 1-3 years.

Injuries caused by reckless driving: from 1-3 years and 2-4 years (depending on the case) to 2-6 and 3-6 years, respectively.

Firearms abuse: shooting without injuring, up to 6 years; assaults without injuries, from 1 to 3 years.

Javier Milei y Patricia Bullrich.
Javier Milei y Patricia Bullrich.

Failure to render assistance: from a simple fine to 1-6 years in prison; in aggravated cases, from 2-8 years if the victim is under 13 or over 65 years old.

Defamation: from a fine to 1-3 years; aggravated, from 2 to 6 years.

Child pornography: from 3-6 years to 3-9 years, with aggravating factors raising the minimum to 4.

Possession of child pornography for distribution purposes: from 6 months-2 years to 3-12 years.

Illegal deprivation of liberty: from 6 months-3 years to 1-4 years.

Human trafficking: the maximum increases from 8 to 10 years; in aggravated cases, from 5-10 to 6-15 years.

Threats: up to 8 years if weapons or anonymity are involved, and up to 10 years if intended to force a behavior.

Theft: from 1 month-2 years to 1-3 years.

Robbery: simple with force, from 1 month-6 years to 3-8 years; with violence, up to 10 years; specific categories are created for robberies in public spaces and those committed by "motochorros."

Fraud: from 1 month-6 years to 1-8 years, plus a fine.

Usurpation: from 6 months-3 years to 3-10 years, with a fine; in aggravated cases, up to 12 years.

Assaults during demonstrations: from 2 to 5 years; if the victim is an official or a member of the security forces, from 3 to 9 years.

Illegal possession and carrying of firearms: increased sentences and harsher fines.

Perjury and bribery: increased penalties, with aggravating factors for high-ranking officials.

A special section is dedicated to juvenile criminal responsibility, where the age of criminal responsibility is reduced from 16 to 13 years. The rationale is that adolescents already understand the illegality of their actions and that current legislation facilitates their recruitment by criminal organizations.


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