In Argentina, cases like that of frigate captain Alfredo Astiz – sentenced to life in prison in 2011 but still under preventive custody – illustrate the drama: over 300 repressors in common prisons, with complaints of overcrowding and mistreatment from the Mothers of Plaza de Mayo and CELS.
Sabsay's stance, who had already questioned the 'politicization of justice' in human rights cases in 2024, clashes with the officialist Mileist position, which sees the reform as a 'hard line' against Kirchnerist impunity.
His voice, during a year of debates on lawfare and memory, could influence the legislative pulse that defines Argentina's penal future.
However, Sabsay, in an interview with Splendid AM 990, called it disproportionate: 'It is excessive that non-state crimes do not prescribe,' arguing that this violates constitutional balance and does not reduce crime, but saturates an already collapsing prison system with 120% overcrowding in federal prisons, he stated on Radio Splendid.
The lawyer, author of works such as 'Lawfare in Argentina' and a reference in constitutional law, emphasized that the key is not to 'increase penalties wildly,' but in preventive policies: education, social inclusion, and effective enforcement of rulings, with investment in new prisons to classify inmates and avoid mixing 'minor offenders with dangerous criminals.'
In a radio interview, Sabsay supported non-prescription for public corrupt officials – backed by Article 36 of the Constitution – but rejected applying it to common offenses, and ended with a devastating critique of Nayib Bukele's 'savagery' in El Salvador.
Critics like Kirchnerism label it 'populist penal policy,' while NGOs like Amnesty warn of risks to constitutional guarantees.
As a final touch, the jurist demanded to repair the 'indignified treatment' of former military personnel convicted of crimes against humanity, demanding the immediate release or house arrest for those who have already served the maximum preventive sentence, exceeding international treaties.
The official bill, which seeks to extend imprescriptibility to crimes such as aggravated homicide, extortionate kidnapping, human trafficking, and sexual abuse of minors – in addition to corruption – has generated a furious debate in Congress and society.
Presented by Justice Minister Mariano Cúneo Libarona, the package includes harsher penalties (up to reviewable life imprisonment), the end of temporary leave for those convicted of rape, and a general toughening that, according to the Executive, will combat 'rampant impunity.'
Buenos Aires, 06/12/2025 – Total News Agency – TNA. – Constitutional lawyer Daniel Sabsay this Friday came out against the bill to reform the Penal Code pushed by Javier Milei's government, calling it 'excessive' in its drive to extend imprescriptibility to crimes that do not directly affect the State, and warned that mere punitive toughening does not solve insecurity if prevention and rehabilitation are not prioritized.
'Crime is not combated with barbarism; that only generates more violence,' he sentenced, aligning himself with voices like the UN's, which in November 2025 urged Bukele to restore habeas corpus.
The closing of his intervention was a humanitarian demand that resonated strongly in a country with 500 former military prisoners for crimes against humanity: 'The indignified treatment given to many former military personnel who, by virtue of their surname, are serving sentences that exceed everything prescribed in international treaties must be repaired.'
Sabsay insisted that 'those who have already served the maximum preventive sentence must be absolutely released or placed under house arrest,' evoking rulings from the Inter-American Court of Human Rights (such as the Gelman vs. Uruguay, 2011) that limit preventive custody to two years, renewable only exceptionally.
He criticized mass arrests without a judge – more than 70,000 in mega-prisons without trial – and the state of exception that suspends guarantees, recalling that El Salvador reported 150 deaths in custody in 2024, according to Amnesty International.
The bill, still in committees, could be debated in extraordinary December sessions in a polarized Congress where La Libertad Avanza seeks allies to move forward.
Sabsay, an emeritus professor at UBA and former advisor to the Magistracy, concluded: 'Security is built with justice, not with revenge.'
'The effective fulfillment of sentences must go hand in hand with rehabilitation and reinsertion, respecting due process and human rights treaties with constitutional hierarchy,' he stressed, citing conventions such as the San José Pact of Costa Rica.
Regarding the 'Bukele model,' Sabsay minced no words: 'It is a horrible example, a savagery that reminds us of the worst moments of humanity.'
