The Buenos Aires judge Laura De Marinis, who on Monday declared unconstitutional the application of the new Juvenile Criminal Regime in a case and dismissed charges against a 14-year-old accused of attempted robbery, had already intervened in another high-profile case involving a minor: the brutal attack on the parking attendant Arturo López.
In December 2023, De Marinis, head of the Juvenile Criminal Court No. 3 of Buenos Aires, ordered the release of Carlos Manuel A., who had been sentenced months earlier for violently beating López in a parking lot in Monserrat. The measure included an electronic monitoring bracelet and a prohibition on leaving Buenos Aires.
Arturo López, the beachgoer who was assaulted by the minor and suffered irreversible damage
The incident occurred on November 19, 2021, when the assailant was 17 years old. Security cameras recorded the moment he unexpectedly struck the parking attendant, then 66 years old, in the face, causing him to fall violently to the ground and lose consciousness.
The consequences were severe. López suffered neurological injuries that permanently altered his life, resulting in motor difficulties and communication issues. The accused remained a fugitive for more than five months before surrendering to the authorities.
In September 2023, Judge Alejandro Villanueva sentenced him to four years and six months of effective prison time for serious injuries. However, he remained under house arrest while the sentence was reviewed.
Three months later, Chamber I of the Buenos Aires Appeals Court deemed that sentence “excessive” and ordered a new conditional sentence, meaning less than three years. Following that higher court ruling, De Marinis ordered that the young man regain his freedom under electronic monitoring.
The new ruling by De Marinis
The precedent has gained relevance after the same magistrate declared unconstitutional the application of the new Juvenile Criminal Regime to a 14-year-old accused of attempted robbery and ordered his dismissal.
According to the case file, a 47-year-old man reported being approached by a group of five young people and stated that one of them demanded he hand over his cellphone. The victim managed to escape and sought help from a police officer.
The Buenos Aires judge Laura De Marinis declared it unconstitutional to apply the new Juvenile Criminal Regime to a minor under 14 years old
De Marinis argued that the inclusion of adolescents in the criminal system should be used as a "last resort" and suggested that the State must also address the social circumstances surrounding juvenile delinquent behaviors.
Unlike a general suspension of the law, the ruling applies only to the adolescent involved in that case. The new Juvenile Criminal Regime remains in effect while the ruling can be reviewed by higher courts.
