Justice reforms advance in the House of Representatives: trial in absentia, repetition and residence

Fernando Brovelli Report.-

Firstly, the aim is to reform Article 50 of the Criminal Code to increase the sentence for repeat offenders by one third (“any person who has been sentenced to imprisonment two or more times”). Article 55 is also being replaced to unify sentences, indicating that “the sentence applicable to the offender will have, as a minimum, the highest minimum and, as a maximum, the arithmetic sum of the maximum sentences corresponding to the various acts.”

As for the criminal repetition (conduct that violates the law and in which no conviction was issued) would begin to be considered as an argument to determine preventive detention during an investigation (modifies article 218 of the Code of Criminal Procedure). Both this initiative and the unification of sentences and the recidivism regime They obtained a ruling this Wednesday.

For its part, the trial in absentia modifies the criminal procedural legislation to pallow the continuity and completion of the criminal process even in the absence of the accused in some crimes. In this context, the authorization would be made when a judge declares rebellion of the accused for failing to appear before the Court, for being absent from home without justification or for having escaped from his place of detention. Here Two positions come into conflict: those that raise the right of the deputy to be present at his trial and those that maintain that attendance is a guarantee that may eventually be waived and that his defense would be guaranteed in any case.

Repetition and recidivism received a ruling in the House of Representatives

Although there were proposals from the Civic Coalition, PRO and Executive officialsthe president of the Criminal Legislation Commission, the Cordoban Laura Rodriguez Machado (PRO) He coordinated the convergence of all the projects for a unifying consensus draft that was approved on Wednesday.

“We will support the Executive Branch’s project with dissent, as expressed in the document that has to do with the the need for investments to carry out reforms and the need for us to pass the constitutionality control “to stop the revolving door,” the deputy said. Oscar Agost Carreno (Federal Meeting). Through its representatives, Peronism announced that it will present opinions rejecting the reforms.

Radicalism showed two positions. On the one hand, the Corrientes Manuel Aguirre He stressed his support for the initiative against recidivism “but not the repetition because We are going beyond what our National Constitution states.. Another thing I see is that we first transform any criminal act into a norm, but we do not work on prevention.” For her part, the Cordoban Gabriela Brouwer de Koning signed the opinion, considered that the commission was “receptive to his suggestions” and pointed out that “society demands security as one of the main issues that concern it; “This is not for the stands.”

Deputies debate trial in absentia

After last week’s visit by representatives of the national Executive who are linked with the Legislative for security projects, Sebastian Amerio (Secretary of Justice) and Fernando Soto (Director of Regulations and Judicial Security Liaison), this Wednesday continued the trial in absentia.

There are multiple projects that come together, as in the case of trial by jury (a topic with multiple consensus in the House of Representatives). In this case, Margarita Stolbizer (Federal Meeting) stressed his disagreement with the Executive’s initiative: “I do not agree with the application of trial in absentia for all crimes.” His fellow bloc member, August Carrenoalso pointed to the need for ““limit the criminal types” and asked that “the Executive’s project works better on that, which will allow us support a possible opinion”.

For its part, Ramiro Gutierrez (Unión por la Patria, identified with the Frente Renovador) defended its position, which is aligned with that of the ruling party: “It is our expressed political will that shows that even in absence, justice must prevail, the truth must be constructed and a sanction applied.” “Trial in absentia is an excellent way to achieve justice”he added.

Finally, Rodriguez Machado expressed his willingness to “add the coincidences of the different projects with those of the Executive Branch“to put together a tentative draft,” the same strategy they used to reach the ruling on the reforms of reiteration and recidivism.