Deputies move forward with a criminal classification for the sale of children

As the investigation continues to progress, disappearance of Loan Peña, Deputies They seek to rule in commissions on a project that specifies penalties for marketing to minors. The initiative was approved unanimously in the Senate – which on Wednesday moved forward with the expansion of the National Registry of Genetic Data-, so if it is approved in the Lower House it will become law.

“There is a reality, which is unfortunate but which happens, which is that “In Argentina children are sold”the senator started the day Carolina Losadaauthor of the project, who stressed that this crime is not defined in the national Penal Code and that there are different purposes. “Today in the country There are 1,777 active searches for boys who have been reportedbut there are many more who have been victims of this sale but there are no complaints because the parents agree with the sale,” he said.

Then he intervened Mariano Borinsky, judge of the Criminal Court of Cassation and advisor in the drafting of the projectwho noted that “The Penal Code is outdated” and pointed out the need to “include contemporary challenges, including the Convention on the Rights of the Child“. Regarding its location within the national regulatory framework, the jurist indicated that “in these cases, aspects of identity and affiliation are taken into account, so we thought it was appropriate to include it within the civil status crimes“.

The debate highlighted the following: consensus that exists for the approval of the projectbut some deputies pointed out some possible corrections regarding the wording of the law, which includes the word “illegitimate” (which would lead to understanding a “legitimate” sale) or the lack of priority to supply of commercialization of children (Borinsky responded that if this issue were made explicit, the attempts should be classified). Once these doubts are resolved, the initiative will be approved.

What does the bill criminalizing the sale of children say?

The project specifically establishes sentences of 4 to 10 years in prison “anyone who receives or delivers a minor for a price, promise of payment or any other type of compensation, unless it results in a more severely punished crime.”

It also includes intermediaries: sentences of 5 to 15 years for “whoever facilitates, promotes or in any way mediates”, with aggravating circumstances for public officialswhich carries a third more than the conventional sentence and perpetual disqualification from exercising any state role.

The text contemplates situations of vulnerability of parents biological (enabling the figure of the repentant) and that this crime is of federal jurisdiction and prescribes when the child reaches the age of majority, when it enters the orbit of human trafficking. The figure of “effective collaborator”in case information related to the cases is provided.

Senate: the expansion of the Genetic Data Registry was approved

One of the Government’s initiatives in terms of security is linked to the expansion of the types of crimes that will be included in the Genetic Data Registrywhich has so far been used exclusively for crimes against sexual integrity. The project was already approved in Deputies on August 14 and obtained a ruling this Wednesday in the Senatewhich is why it is on its way to becoming law.

“It is a criminal investigation tool that They take the data of all the accused persons and condemned. Samples and evidence found at the scene of the crime, which are DNA, are taken,” he explained. Fernando Sotoofficial of the Ministry of Security responsible for the organization’s links with the Legislative Branch.

To avoid the violation of privacy, the legislation explicitly states that “the information contained in the registry will have sensitive data, confidential, and will only be provided to judicial authorities or the Public Prosecutor’s Office, within the framework of a specific judicial case“Under no circumstances may the registry be used as a basis or source of discrimination, stigmatization, violation of dignity, intimacy, privacy and honor of any person,” it adds.

Fernando Brovelli Report.-