NCJ Number
60177
Date Published
1977
Length
7 pages
Annotation
CHANGES IN ARGENTINE CRIMINAL POLICY SIGNALED BY THE 1975 REFORM OF THE CRIMINAL CODE ARE OUTLINED.
Abstract
ARGENTINA IS FACED WITH RAPID ECONOMIC DEVELOPMENT, CULTURAL CHANGE, AND POPULATION CONCENTRATION, AS WELL AS POLITICAL INSTABILITY, ECONOMIC CRISIS, AND DETERIORATION OF MORAL VALUES. THE ARGENTINE CRIMINAL CODE, THE INSTRUMENT TO COMBAT CERTAIN OF THESE NEGATIVE DEVELOPMENTS, APPLIES DOCTRINES ELABORATED BY THE INTERNATIONAL UNION OF PENAL LAW IN 1889, I.E., SOCIAL DEFENSE WITH RESPECT FOR INDIVIDUAL RIGHTS AND FLEXIBLE PENALTIES TO PERMIT INDIVIDUALIZATION OF PENALTIES THROUGH JUDICIAL DISCRETION. THE CODE HAS BEEN MODIFIED IN KEEPING WITH INTERNATIONAL REFORM MOVEMENTS IN 1937, 1941, 1960, AND 1974. A MODEL CRIMINAL CODE FOR UNIFICATION OF LATIN AMERICAN PENAL LAW WAS APPROVED IN 1972. THE 1975 REFORM PROJECT OF THE GENERAL PART OF THE ARGENTINE PENAL CODE IS BASED ON PRINCIPLES OF HUMANISM AND NEW SOCIAL DEFENSE, EMPHASIZING RESOCIALIZATION OF DELINQUENTS AND PRESERVATION OF THEIR DIGNITY AND THE REASSESSMENT OF SANCTIONS AND THE RIGHTS OF PRISONERS. PRISON TERMS ARE LIMITED TO 20 YEARS, PRISON TERMS OF LESS THAN 6 MONTHS ARE ELIMINATED, PROBATION IS ENCOURAGED FOR TERMS OF LESS THAN 3 YEARS, PAROLE IS ALLOWED AFTER THREE-QUARTERS OF THE PRESCRIBED PRISON TERM HAS BEEN SERVED, WORK RELEASE IS PERMISSIBLE AT THE DISCRETION OF THE JUDGE, THE POSITION OF 'JUDGE FOR EXECUTION OF PENALTIES' IS TO BE ESTABLISHED, AND THE SYSTEMS OF FINES CALCULATED ON A DAILY BASIS AND OF JUDICIAL PARDONS ARE INTRODUCED. THE REFORM SUPPORTS SUCH PRINCIPLES AS THE IMPORTANCE OF OFFENDERS' PERSONALITIES AND COMPREHENSION OF RESPONSIBILITY IN SENTENCING. SPECIAL PENALTIES ARE PROVIDED FOR PERSONS WITH REDUCED MENTAL COMPETENCE, FOR DRUG ADDICTS, AND FOR DANGEROUS RECIDIVISTS. SECURITY MEASURES ARE DETAILED AND ARE PROPORTIONAL TO THE OFFENDERS' DANGEROUSNESS. EDUCATIVE MEASURES ALONE ARE APPLIED TO MINORS UNDER 14 YEARS OLD, AND MINORS AGED 14 TO 18 AND 18 TO 21 ARE TREATED ACCORDING TO INDIVIDUAL CIRCUMSTANCES. NEWLY DEFINED CRIMES INCLUDE RACIALLY MOTIVATED HOMICIDE, FAILURE TO ASSIST ACCIDENT VICTIMS, ILLEGAL INTERCEPTION OF COMMUNICATIONS, DISRESPECT FOR SYMBOLS OF FOREIGN STATES, AND OFFENSES AGAINST MODERN MEANS OF COMMUNICATION. THE NEED FOR INTENSIFIED CRIMINAL INVESTIGATIONS, MATERIAL ASSISTANCE FOR EXECUTION OF PENALTIES, RETRIBUTIVE WORK POSSIBILITIES, RESEARCH ON PREVENTIVE MEASURES, AND DEVELOPMENT OF A METHOD OF GENERAL EDUCATION TO NEUTRALIZE CRIME-PRODUCING INFLUENCES IS UNDERLINED. --IN FRENCH. (KMD)