The Argentina´s Senate approved the Youth Criminal Responsibility Law, lowering the age of criminal responsibility to 14 years, amid strong social rejection.

The Senate turned into law this Friday, February 27, the new juvenile penal regime, initiative promoted by the far-right Government of Javier Milei by the Ministry of Security during the management of Patricia Bullrich, that lowers to 14 years the age of imputability and provides for prison sentences for adolescents who commit serious crimes involving violence and death.

“The state is not going to keep looking the other way. Do you want citizens who don’t commit crimes to be second-class? No matter the age of the criminals, crime matters”, asserted Patricia Bullrich during the voting.

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The legislation passed the Chamber of Senators with 44 votes in favor and 27 against, following its prior approval in the Chamber of Deputies.

This measure received final legislative sanction despite significant opposition from Human Rights organizations, legal experts, and various political figures who warn of its potential detrimental impacts on adolescents.

The approval occurred amidst protests outside the legislative building, where demonstrators opposing both this initiative and broader labor reforms faced repression from security forces, highlighting the contentious nature of the government’s agenda.

Text reads: “With 44 affirmative votes, 27 negative votes and 1 abstention, the draft juvenile penal regime is generally approved.”

Specialists who actively oppose the lowering of the age of criminal responsibility characterize the initiative as “marketing punitivism”, drawing direct parallels to Argentina’s last civic-military dictatorship.

Claudia Cesaroni, a lawyer from the Center for Studies in Criminal Policy and Human Rights (CEPOC, in Spanish), further criticized the law as “a rehash of the original government project with modifications proposed by opposition forces, either complacently or complicitly,” suggesting a lack of genuine debate or independent thought in its formulation.

Marisa Graham, the former National Defender of Children and Adolescents, echoed these concerns, emphasizing that the problem is not a lack of punishment, but rather a deficiency in state presence and support.

“We are discussing lowering the criminal age when more than 99% of children have no conflict with the law”, Graham referred. She warned that detaining such youth “exposes them to re-offending”, and asserted, “lowering the age of imputability does not provide more security; it is a placebo that deceives society.” She also cautioned that “the risk is that children emerge worse than when they entered. If there are no trained operators, technical teams, or adequate mechanisms, the only outcome is increased recidivism”, pointing to the systemic failures that could be exacerbated by the new law.

The Center for Legal and Social Studies (CELS, in spanish) also weighed in, unequivocally stating that “lowering the age of punishability and aggravating their confinement will not resolve violence or crime.”

What the Law Entails

The law establishes a specialized juvenile criminal justice system for adolescents aged 14 to 18 years, stipulating that individuals under 18 years of age shall not share judicial or penitentiary environments with adults.

The new regime introduces core principles such as legality, proportionality, and the exceptionality of deprivation of liberty, placing a strong emphasis on the resocialization of young individuals. The system ensures that adolescents are afforded full judicial guarantees from the very outset of any proceedings, and that their cases are processed within specialized bodies and centers designed for juvenile justice.

The chapter specifically dedicated to victims grants a central role to those affected by juvenile offenses. The project guarantees immediate legal and psychological assistance, provides the option for victims to intervene in hearings, and allows them to oppose decisions made by the Public Prosecutor’s Office.

The sanctions system outlined in the law incorporates a progressive and diversified scheme. This includes a range of measures such as educational interventions, community service, electronic monitoring, and reparation for damages, in addition to restrictions on movement. Importantly, deprivation of liberty will only be applied in cases involving serious crimes, with strict time limits imposed and a permanent separation of juveniles from adults within correctional facilities, reinforcing the principle of exceptionality.

The new legislation also introduces the figure of a specialized judicial supervisor, who will be responsible for accompanying and monitoring the reinsertion process of young offenders. Conditional release can only be granted with the endorsement of the Public Prosecutor’s Office and under precise conditions established by the court. The law also includes specific provisions and responses for challenges related to mental health and problematic substance consumption, ensuring the intervention of interdisciplinary teams to provide comprehensive support.

For cases involving unaccountable minors (those below the age of criminal responsibility), the text mandates judicial intervention to investigate the facts and apply appropriate curative or protective measures. Additionally, the law stipulates the compulsory specialization of judges, prosecutors, and defenders in juvenile criminal matters, ensuring that all legal professionals involved possess the necessary expertise to handle these sensitive cases effectively.

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