A new government initiative seeks to amend the Juvenile Criminal Law so that justice is applied differently to minors.

Recently, a new Government bill emerged called “Law to adapt the response of juvenile criminal justice to the challenges of violent crime and organized crime” which aims to modify the Juvenile Criminal Law in cases where the minor is involved in organized crime.

This amendment was proposed under the argument that there is no legislation dealing with minors involved in organized crime.

What would it change?

This initiative would amend Sections 9, 58, 59, 106 and 109 of the Juvenile Criminal Justice Law and its amendments.

  • Article 9: with the amendment to Article 9, Article 1 of the Law Against Organized Crime could be applied in addition.
  • Article 58: the term for the Public Prosecutor’s Office to file an indictment in cases involving organized crime would be extended to 10 days.
  • Article 59: would indicate that provisional detention, of an exceptional nature for minors between 12 and 15 years of age, may exceed or double the 3 months of detention.
  • Article 106: with the amendment to article 106, the judge’s term to defer the sentence would change from 3 to 6 days.
  • Article 109: crimes against property and infringement of the “Law on Narcotics, Psychotropic Substances, Drugs of Unauthorized Use, Related Activities, Money Laundering and Financing of Terrorism” would be added.

What has been the response?

In fact, there has been rejection by experts.

On the one hand, Magistrate Rafael Segura is concerned about the Juvenile Criminal Law becoming a law against organized crime and the fact that a minor remains in provisional detention for more than 10 days without being charged.

The magistrate also mentions the fact that minors involved in crimes of this type usually have no opportunities to prosper. They are then forced to enter the world of crime.

On the other hand, attorney Carlos Tiffer argues that current legislation already provides an adequate response to this phenomenon. He adds that:

If adults are using minors for organized crime, then it is the adults who should be punished more severely, not the minors.

What do you think?

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