The murder of Joaquin Speroni in the city of Laboulaye still awaits justice. The family of the accused young man (14 years old) asked the lawyer Raul Palacios lead the defense of the case.
The minor who is in the Esperanza Complex, which has an official defense team, will have the legal advice of Dr. Palacios. Although the alleged perpetrator of Joaquín’s murder is not prosecutable, the task of the new lawyer will be to ensure the proper functioning of the law imposed by the Convention on the Rights of the Child.
“Although he is a minor in conflict with the criminal law, he is unimputable, he did not reach 16 years of age, which is the limit for him to be subjected to the criminal regime.”
The lawyer explained in dialogue with the Cadena 3 medium.
Nowadays the Law imposes that the minimum age to be criminally prosecuted is 16 yearsbut Palacios did not rule out that this case is a propellant to lower the age of inimputability of minors in the Law of the Nation in the future.
“It may be the moment that we consider whether it is appropriate to lower the age of criminal responsibility. But it is not a fundamental solution, although it is time to start a debate here and in other places.”
Palacios said.
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“The parents devastated by the situation. I do not intend to buy the pain with that of Joaquín’s parents, but they are in a trance because they met Joaquín, they went looking for him. As parents and a friend they got engaged and then some circumstances left that remained very bad for everything that later changed”.
Added the lawyer in Chain 3.
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What will happen to the defendant?
The lawyer explained that, even though it is incompatible to apply a penalty due to the defendant’s age, there is a complex investigation and the facts must be verified. In turn, in case of being declared the author of the crime, it will not be through a trial and special interventions will be made.
“Here is a before and after Joaquín’s death and we have discussed it with the parents. I have had two interviews and it is most likely that they will not continue living in Laboulaye, not because a judge has imposed it, but because of a personal decision” .
The lawyer finished the interview with Cadena 3.
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Non-imputability according to the current Law:
According to the Minority Penal Regime (Law 22,278), adolescents under 16 years of age They cannot be tried and go to jail. This means that the child is unimputable.
The law also dictates “If there is an accusation against any of them, the judicial authority will order it provisionally, proceed to verify the crime, take direct knowledge of the minor, his parents, guardian or guardian and will order the reports and expert opinions leading to the study of his personality and the family and environmental conditions in which he finds himself”. It also says “If necessary, he will place the minor in a suitable place for his best study during the necessary time.“.
Facundo Pérez Lloveras, a lawyer specializing in criminal law, clarified some time ago in a magazine why impunity is understood for minors under 16 years of age ” the doctrine understands that its foundation lies in the idea that the boy, girl or adolescent is a subject in formation, and therefore lacks the mental maturity to understand certain complex acts of life“.
In Clarín, the criminal lawyer and teacher, Gaston Marano clarified “It is assumed that a minor of that age does not understand the criminality of the act and, in adolescents, that the resocializing effects sought by the imposition of a prison sentence must be replaced by other protective measures. In Argentina, those who commit serious crimes between the ages of 16 and 18 can be tried, but they will only go to jail when they turn 18“.