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Increase in penalties for picketers and DNA registration: point by point, the Bullrich and Petri package of laws to combat insecurity and drug trafficking - Infobae
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Aumento de penas a piqueteros y registro de ADN: punto por punto, el paquete de leyes de Bullrich y Petri para combatir la inseguridad y el narcotráfico
Esos dos flagelos son los ejes de los proyectos que enviarían los ministros de Defensa y Seguridad la semana que viene. Sin embargo, aún no tiene fecha cierta y se encuentra bajo evaluación de la Secretaría de Legal y Técnica
www.infobae.com
March 22, 2024
These two scourges are the axes of the projects that the Ministers of Defense and Security would send next week. However, it still does not have a certain date and is under evaluation by the Legal and Technical Secretariat.
By Brenda Struminger
The package of laws will propose prison sentences for those who organize pickets
There is still a long way to go before the battery of bills that the Ministers of Security and Defense, Patricia Bullrich and Luis Petri, will send to Congress are approved . The document just entered the orbit of the Legal and Technical Secretariat led by Javier Herrera Bravo, and it would not be turned to the parliamentary sphere until next week, or even beyond. The political wing of the Casa Rosada fears that adding these initiatives in the middle of the debate on the Omnibus Law could hinder negotiations with the dialogue opposition on the most important project for the Government.
Once in Parliament, the package must be debated in the committees, which have not yet been appointed; and when they arrive at the venue they could face resistance from the large Union for the Homeland bloc and the left. However, Bullrich appeared confident in the press conference she gave this afternoon at the headquarters of the national government. “No one can disagree with this,” she said, after emphasizing on several occasions that she has the full endorsement of Javier Milei.
Infobae had access to the draft of the initiatives, which were grouped into five standards (four strictly on Security, and one on defense).
SECURITY
One of the projects proposes making modifications to the articles of public order, including the reform of article 194 of the Penal Code that regulates the obstruction of circulation, with the following measures:• An increase in penalties
• The penalty for whoever organizes the demonstration, if he acts as an instigator of blocking the streets. And anyone who forces another to attend a demonstration under the promise of remuneration or threat of removing a plan, allowance or benefit.
On the other hand, it seeks to introduce a new article in 149 quater of the Penal Code to:
• Create a criminal offense to sanction the blockade of businesses, industries or establishments of any type.
• Introduce an aggravating factor in the sentence that prevents conditional release (4 to 6 years) if the blockade is carried out in coordination with more than one premises or branch of the same firm.
In addition, it seeks to reform article 34 of the Penal Code, entitled “Legitimate defense and fulfillment of duty” to:
• “Significantly” expand the framework of the figures as exclusive of punishment, introducing into the evaluation of the proportionality of the means used to defend oneself elements that were not present, such as age difference, physical build, experience in a fight or number of aggressors. “It was not reasonable to examine only whether the one who defends himself is armed and the one who attacks is unarmed, because they could kill him in the same way,” they said in Security.
• Expand the justification that already existed for those who reject climbing a wall during the night at any time of the day.
• “Contemplate” the case of the shooter as he moves away from the one who defends himself.
• Legally prevent those who commit a crime from suing those who repelled the aggression or the State, an impediment that includes their relatives, if the aggressor dies. “It seems immoral that rights can arise from crime,” they said.
It also seeks to reform articles 237 and 238 of the Penal Code with the following premises.
• Increase penalties for anyone who uses intimidation or force against a public official.
• Impose a sentence of effective compliance (4 to 6 years) for aggravated attacks and resistance, such as the case in which the aggressor hits the authority.
Patricia Bullrich and Luis Petri (Adrián Escándar)
Regarding cases of recidivism and reiteration, it proposes:
• Consider any person who has been sentenced to a custodial sentence two or more times as a recidivist, regardless of whether he or she has completed the sentence or not. “Before, you had to have been effectively deprived of liberty for recidivism to occur, which was absurd, because someone could have countless sentences with parole without ever being a repeat offender,” they noted.
• Add the sentences arithmetically, up to a maximum of 50 years, if two independent events occur.
• Introduce the institute of “reiteration”, already existing in the province of Mendoza, to prevent those who commit crimes repeatedly from not being able to obtain freedom during the criminal process.
Regarding the Law of Criminal Organizations, which they called the “Anti-Mafia Law”, they seek:
• Apply it to a vast number of crimes: drug trafficking, money laundering, homicides, hitmen, injuries, child pornography, illegitimate deprivation of liberty, coercion, extortion, human trafficking, public intimidation, fires and other damage, illegal possession of weapons and explosives.
• Introduce as criteria for presumption that there is a link with a criminal organization when the same events occur in an area repeatedly and for the benefit of an organization; for the displacement or annihilation of another organization; to intimidate the population or certain sectors; to instill fear in the authorities; to have control of a territory to commit crimes. Also, when the mechanisms of a province to enforce the law are insufficient and when the real property of the State is threatened by one or more organizations.
• Create the figure of “Situation Subject to Special Investigation” when the circumstances mentioned in the previous point occur, with a judicial declaration, at the request of the specialized prosecutor's offices or the Ministry of Security. "In these circumstances, a series of measures can be carried out, such as arrests for investigation of crimes, placing checkpoints on the streets and carrying out searches, seizing merchandise by notifying the judicial authority, carrying out searches, carrying out chained raids, with an order to The first of them, when it was not possible to request a new order, if they were connected, intercept telephone calls with authorization from the Public Prosecutor's Office," they explained.
• Establish the penalty for the most serious crime committed by an organization for any member of it, for their mere membership.
• Penalties of 8 to 12 years if the most serious crime was not determined.
• And the extinction of ownership by the judge.
The intervention of more federal forces in Rosario will be another point
The point about DNA registration that Bullrich mentioned today would imply:
• Transfer the DNA Registry from the Ministry of Justice to the Ministry of Security, “in accordance with the guidelines that prevail in the world.”
• Extend the registry to all crimes and not only those committed by sexual offenders. “This will serve to ensure that the record taken for the commission of a certain crime allows the perpetrators of others to be detected. In July 2019, in Mendoza, the perpetrator of a homicide was discovered thanks to the fact that the murderer was previously charged with a theft and his genetic fingerprints had been recorded.
• Extend it to all defendants and not just those convicted of sexual crimes (they claim that it covers less than 2% of crimes). According to Bullrich, the database allows the genetic fingerprints obtained at the scene of the crime to be compared with the genetic profile of the accused and convicted. “It not only serves to accuse, but also to disassociate an innocent person from an investigation.
• Include in the system the “voluntary contribution” of relatives of people in search, with the objective of comparing the genetic profile of a body or an unidentified person with the genetic profile of their relatives.
DEFENDING
In the case of Defense, they will seek to get the Army to join in tasks that are outside its competence, in line with the first measure in that sense, although limited, in Rosario. They will try to modify the Internal Security Law, so that the Armed Forces are enabled to carry out patrol operations, control of people, vehicles and facilities, as well as arrest in flagrante delicto .• If the project prospers, it would make possible the use of “coercive means”, which will be governed by the same rules and conditions that the Security Forces have. Although they clarified that it is “essential” to apply the criteria of proportionality, gradualness and progressivity in the use of force.
• In addition, they will try to get the armed forces to support internal security operations by affecting, upon request, their arsenals, quartermaster, health, veterinary, construction and transportation services, as well as engineering and communications elements. In addition, they will add trucks, vans, buses and some drones for surveillance tasks. And they will give special training to the 2,000 troops dedicated to these new tasks.
