Argentina’s lower age of criminal responsibility takes effect, with sentences possible from 14

After years of political reversals and a final debate during an extraordinary legislative session, Argentina’s reform lowering the age of criminal responsibility from 16 to 14 takes effect this Saturday. The change follows 180 days since its publication in the Official Gazette.

The period between the Senate vote that turned the new juvenile criminal regime into law and its implementation was supposed to give political and judicial authorities time to adjust facilities and support structures for minors accused of crimes. One official responsible for the issue said his district expects to separate youths held under court orders into two groups: those aged 14 and 15, and those aged 16 and 17.

He does not expect a large immediate influx of detained minors who were previously considered legally incapable of criminal responsibility. Juvenile courts, however, could receive more cases. Those courts already handle proceedings involving 16- and 17-year-olds, and administrators are concerned about the additional burden.

The new regime limits detention to cases involving the gravest offenses. Minor theft and robbery can carry alternative sanctions. Even aggravated robbery involving a firearm may allow the court to choose a noncustodial measure. Law 27.801 bases the decision to imprison a minor from age 14 on the nature of the offense and, above all, its effects.

The law allows a court to replace imprisonment when the potential sentence exceeds three years and reaches no more than 10 years, provided the offense did not involve a victim’s death or serious physical or psychological violence. Additional conditions include the absence of very serious injuries or death in negligent offenses, no prior convictions or qualifying pending proceedings, an expert assessment, approval from the Public Prosecutor’s Office and a hearing for the victim. Alternatives include bans on attending places connected with the offense, such as concerts or sporting events.