The Department of Criminal Law of the Faculty of Law of the Universidad Austral The event brought together leading specialists to discuss the scope of the newly enacted Law 27.801, which establishes the new Juvenile Criminal Justice System. The meeting analyzed the new system from the perspective of neuroscience to the operational challenges of legislation that seeks to transform the approach to juvenile criminal responsibility in Argentina.
In the context of the recent enactment of Law 27.801, which establishes a new Juvenile Criminal Regime, which - among other measures - lowers the age of criminal responsibility from 16 to 14 years, the Department of Criminal Law of the Faculty of Law of the Universidad Austral He carried out the conference entitled "Reform of the juvenile justice system. A turning point: new standards, guarantees and implementation challenges".
The event, moderated by the professors Guillermo Yacobucci y Mario Laporta, director of the Department of Criminal Law and professor of undergraduate and postgraduate Criminal Law at the Universidad Australrespectively, it was proposed to analyze in an interdisciplinary manner the reform that establishes criminal responsibility from the age of 14 and sets a specific system of sanctions for those who commit crimes before turning 18.
The law, which was passed by the Senate on February 27, contemplates the possibility of prison sentences in certain cases, sets a maximum of 15 years of detention, and establishes measures aimed at the education and resocialization of young people in conflict with the criminal law.
The speakers at the event were the Secretary of the Court at the Supreme Court of Justice of the Nation, Diego Seitún ; the forensic psychiatrist Rafael Herrera Milano and the judge of the Oral Court of Minors No. 1 of the Federal Capital, David Perelmuter.
Diego Seitún: penalties, measures and regulatory confusion
The Secretary of the Supreme Court analyzed the legal consequences of the new system, warning about the ambiguity in the use of certain legal terms. “I am going to analyze the issue of the legal consequences foreseen by the juvenile criminal justice system, which is framed within a dual system: we have penalties and we have security measures. The juvenile criminal justice system, as well as the new juvenile criminal justice system, are examples of this dual system,” he said.
“Law 27.801 uses the term 'measures' 23 times, with considerable confusion. It refers to measures that restrict rights, protective measures, measures that restrict freedom, and complementary measures. There is a lot of confusion in that regard,” he added.
During his presentation, Seitún also highlighted advances such as the regulation of alternatives to imprisonment, the inclusion of parents in the process, and the principle of proportionality in the application of sanctions. At the same time, he raised some questions about the challenges involved in implementing the law and its integration with provincial legislation.
Rafael Herrera Milano: Neuroscience versus imputability
For his part, the forensic psychiatrist questioned lowering the age of criminal responsibility to 14 years old based on the biological development of the adolescent brain.
“With the evolution of neuroscience, it is at least striking that nothing has changed since the time the Penal Code was drafted in '41; that is, 85 years ago. The brain of an adolescent is not that of a miniature adult, it is still under construction,” he warned in his presentation.
David Perelmuter: operability and the principle of specialization
From his experience as a Chamber Judge, Perelmuter highlighted both the progress and the deep doubts generated by the implementation of the new law.
“This system, for me, is built on three pillars: interdisciplinary teams, institutional co-responsibility, and collaborative work. Disagreement paralyzes; agreements are built. I call for and urge dialogue,” he exhorted in his presentation.
Perelmuter also said that “dialogue tables are needed, originating from academia, that allow us to have horizontal dialogue and put on the table the whole reality in which we find ourselves and have a real mapping of the state of affairs.”
The closing remarks were delivered by Professor Mario Laporta , who emphasized the importance of these academic spaces to address the "conflict of the debate" and to raise awareness about legal responsibility in the new system.
Watch the full recording of the day's events https://youtu.be/KVuYViPTQsk
