The ruling party has gathered today the signatures in commission in order to enable the discussion in the Senate of the absence trial projects and of recidivism and reiteration, both with half sanction from the House of Deputies. The discussion is expected to take place next week. Despite the opposition from La Libertad Avanza and the dialogue blocks, Senator Oscar Parrilli (Neuquén), from the Kirchnerist interblock, has requested the presence of the Minister of Justice, Mariano Cáneo Libarona, for Tuesday 18. The request was received by the president of the Justice and Criminal Affairs Commission, the libertarian Juan Carlos Pagotto (La Rioja), and it could materialize, which opens the possibility of eventual modifications.
The recidivism and reiteration project, approved in the Chamber of Deputies by 138 votes in favor and 94 against, aims for individuals convicted and detained again for other crimes not to be released while the judicial process lasts. This initiative establishes that if someone is convicted and commits a new crime, they will be detained, eliminating the “revolving door” caused by recidivism. The debate arises in a context of increasing insecurity cases and controversy between President Javier Milei and Buenos Aires Governor Axel Kicillof over the increase in crimes in the conurbano.
The project considers anyone with two or more convictions to a custodial sentence as a recidivist, provided that the first conviction is final. It is established that convictions abroad will be taken into account for recidivism if they have been pronounced for crimes that could lead to extradition under Argentine law. The proposed reform to Article 17 of the Procedural Code determines that restrictive measures of liberty must be based on flight risk, obstruction of the investigation, or criminal reiteration. Convictions from different courts can be summed up to a maximum of 50 years in prison.
On the other hand, the absence trial project allows for the trial of the Iranians accused of being the masterminds of the AMIA bombing. This type of judgment without the presence of the accused is valid for crimes against humanity, genocide, forced disappearance of persons, war crimes, terrorist offenses, and proliferation of weapons of mass destruction. The initiative modifies procedural legislation to ensure the continuation of judicial processes even in the absence of the accused.
Senator Parrilli has announced that they will propose two more speakers regarding these projects.
