Buenos Aires Court revokes dismissal of 14-year-old, upholds new juvenile law

Juvenile Criminal Regime age of criminal responsibility Buenos Aires Court of Appeals Law 27.801 judicial ruling

The Buenos Aires Court of Appeals has unanimously revoked a previous ruling that had declared the application of the new Juvenile Criminal Regime (Law 27.801) unconstitutional in a specific case. The original decision, made by Judge Laura De Marinis, had resulted in the dismissal of a 14-year-old boy accused of an attempted robbery in the Palermo neighborhood.

The appellate court, composed of judges Jorge Franza, Ignacio Mahiques, and Patricia Larroca, ruled that the new law, which lowers the age of criminal responsibility to 14, is constitutional. The judges noted that while the policy could be subject to public debate or future reform, it does not present a concrete constitutional contradiction that justifies judicial replacement of the legislative choice.

In addition to overturning the dismissal, the court ordered that the investigation into the teenager continue under the new legal framework. The court also removed Judge De Marinis from the case, citing that she had already demonstrated an “advance of position and criterion” regarding the matter. A new magistrate will be assigned to oversee the proceedings.

Entities

Argentina · Buenos Aires Court of Appeals · Camila Ponce · Carolina Viggiano Austria · Chihuahua Congress · Congreso de la Nación Argentina · Congreso de la Nación Paraguaya · Congress of Chihuahua · Cristina Ruiz Sandoval · Cámara de Casación y Apelaciones en lo Penal, Penal Juvenil, Contravencional y F · Dafna Viniegra · Freedom for Children A. C.

Claims

What the coverage asserts, and how many sources carry each claim.

[● 6 SOURCES] Judge Laura De Marinis declared Article 1 of Law 27.801 unconstitutional for a specific case involving a 14-year-old. noticiasdelaaldea.com.ar · www.eleco.com.ar · m24digital.com
[● 7 SOURCES] The judge clarified that her ruling only applies to this specific case and does not suspend the new law generally. www.eleco.com.ar · m24digital.com · noticiasdelaaldea.com.ar
[● 8 SOURCES] The attempted robbery occurred on September 10 involving a 47-year-old man. noticiasdelaaldea.com.ar · www.eleco.com.ar · m24digital.com
[○ 1 SOURCE] Minister Tapia alleged the judge used a repealed law (Law 22.278) to justify the dismissal.
[● 8 SOURCES] The judge ordered the dismissal (sobreseimiento) of the 14-year-old accused of attempted robbery. noticiasdelaaldea.com.ar · www.eleco.com.ar · m24digital.com
[● 3 SOURCES] Buenos Aires Justice Minister Gabino Tapia announced a request for a jury trial against Judge De Marinis. huelladelsur.ar
[● 2 SOURCES] Juvenile Court Judge Fernando Zanetta defended the ruling, describing it as legally solid.
[○ 1 SOURCE] The victim of the attempted robbery criticized the judge's decision, stating she should apply the law.
[○ 1 SOURCE] Ninety-one judges in Buenos Aires signed a statement supporting De Marinis and condemning the government's attempt to initiate impeachment proceedings. elsubmarinojujuy.com.ar
[● 4 SOURCES] Judge De Marinis argued that applying the new juvenile penal system to the adolescent would be regressive and stigmatizing. www.eleco.com.ar
[○ 1 SOURCE] The Government of Río Negro conducted training sessions for approximately 211 people to combat human trafficking in digital environments.
[○ 1 SOURCE] The Mexican organization ILAS is urging the UN to classify child sexual abuse as a high-impact global crime.