The III Chamber of the Criminal Cassation and Appeals Court for Juveniles in the City of Buenos Aires unanimously revoked the ruling of the Kirchnerist judge Laura Beatriz De Marinis, who had declared unconstitutional the reduction of the age of criminal responsibility from 16 to 14 years and had dropped charges against a minor offender.
The judges Ignacio Mahiques, Jorge Atilio Franza, and Patricia Ana Larocca questioned the grounds used by the magistrate and resolved that the investigation must continue under the provisions of Law 27.801, which established the new Juvenile Criminal Regime and has been in effect since September 5.
Additionally, the court ordered the removal of De Marinis from the case. The case must return to the originating court and be sent to the Office of Draws and Assignment of Cases to appoint a new magistrate.

The ruling arose from the appeal filed by prosecutors Mauro Andrés Tereszko and Paula Raffa Pirra against the decision made on September 21.
On that occasion, De Marinis had declared unconstitutional Article 1 of the new legislation regarding M.I.A., a 14-year-old thief accused of participating in an attempted robbery that occurred in Palermo.
In his vote, Mahiques argued that the declaration of unconstitutionality should be used exceptionally and questioned that the judge had demonstrated a concrete contradiction between the new age of criminal responsibility and the National Constitution or international treaties.
“Judicial control, however, does not authorize substituting one legislative option for another simply because the latter seems more convenient, less punitive, or preferable from a certain conception of criminal policy”, stated the judge.
Larocca fully agreed with his arguments, while Franza developed his own reasoning and concurred with the revocation of the ruling and the removal of the judge.










