Buenos Aires, December 6 (NA) -- Constitutional lawyer Daniel Sabsay considered it 'excessive' to extend the non-prescription of criminal penalties to a wide range of offenses that do not constitute defrauding the State, during his analysis of the reforms proposed to the Penal Code by the National Executive. Sabsay warned that merely increasing penalties does not guarantee a reduction in crime, and instead prioritized the application of good prevention and education policies. He alerted to the risk of mixing 'those who have committed... minor offenses with those who are indeed dangerous criminals, because I believe it to be the worst possibility for effective enforcement'. The constitutional lawyer insisted on the importance of 'trusting in good rehabilitation policies' and the possibility of 'being able to reintegrate them into society', emphasizing that any reform must always respect 'due process and all human rights conventions that in our case have constitutional hierarchy'.

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Regarding the mention of the security model implemented in El Salvador, Dr. Sabsay strongly condemned its application. Finally, the lawyer strongly condemned models such as El Salvador's, insisting that penal policies should not fall into 'savagery' but rather social rehabilitation.

Challenges to Non-Prescription

Dr. Sabsay insisted that 'it is excessive for crimes that are not defrauding the State not to prescribe', despite the importance of addressing the issue because it is 'one of the issues that really concerns people, it has to do with everyone's security, community security'. The constitutionalist spoke in favor of the non-prescription of crimes of corruption against public administration, aligning with the spirit of Article 36 of the National Constitution, known as the democratic defense clause.

While the lawyer supports the non-prescription of crimes of corruption against public administration, in accordance with the National Constitution, he deemed it excessive to extend this measure to a wide range of other offenses. In an interview with Splendid AM 990, obtained by the Argentine News Agency, Sabsay emphasized that the effective fulfillment of sentences must be accompanied by the construction of new prisons to avoid overcrowding and ensure the classification of inmates, always respecting due process. He also criticized the 'highly questionable' manner in which detention procedures are carried out, sometimes 'without the intervention of a judge'.

Finally, the constitutionalist referred to the situation of former military personnel convicted of crimes against humanity. However, he warned about the intention to extend this measure to a wide range of other offenses. The constitutional lawyer considered it excessive for other types of crimes not to prescribe either, despite the government's proposal to toughen the penal code. He stated that those who have already served the maximum preventive detention 'must be absolutely released or placed under house arrest'.

AgenciaNA. Although he considered that non-prescription could be analyzed for 'crimes against sexual integrity, particularly of minors', he insisted that 'a greater exception, I do not think this is convenient'.

Fulfillment of Penalties and the Prison Issue

Regarding the effective fulfillment of penalties, Sabsay agreed, but pointed out the urgency of accompanying this policy with the construction of new prisons to prevent overcrowding and ensure the correct classification of inmates. He stated that 'it must be remedied' the 'undignified' treatment given to many former military personnel who are 'serving sentences that exceed all prescribed in international treaties' due to 'surname profiling'. He expressed that he finds it 'a horrible example', referring to the way penalties are fulfilled as 'a savagery that takes us back to the worst moments of humanity'.