The executive branch sent the initiative to Congress. It proposes sentences of 3 to 10 years in prison for anyone who facilitates, encourages or mediates the suppression of the identity of a minor, with or without pay, threats or coercion.
A bill criminalizes the crime of buying and selling children and adolescents to combat illegal adoption. Photo by Jonathan Borba www.pexels.com
The nation’s Senate studies a bill sent by the executive branch, which is typical the crime of buying and selling children and adolescents in the Penal Code in order to fight against illegal adoption, for which it provides penalties from 5 to 15 years imprisonment effectively. The project sanctions the “middleman” figure and severely penalizes those involved in this illegal practice.
The initiative was only directed to the Upper House’s Justice and Criminal Affairs Committee, chaired by Neuquen official Oscar Parilli, who already has it on the agenda to begin debating it, although a date for lawmakers to meet has yet to be set . permitted. The official launch of the project took place this week in a ceremony attended by President Alberto Fernández and Justice Minister Martin Soria.
According to the Executive Director, the process of preparing the project had a double instance: on the one hand, it included the creation of roundtable coordinated by the Human Rights Secretariat which featured officials from various areas of government along with child and youth rights advocate Marissa Graham; the Protector General of the Nation Stella Maris Martinez; legislators and human rights organizations.
The organization Abuelas de Plaza de Mayo collaborated in the preparation of the project to confirm that the guidelines of the initiative do not conflict with the crime of child abduction currently provided for in Article 146 of the Penal Code. He also contributed Leonardo Forneronwhich initiates the process before Inter-American Court of Human Rights (IA Court HR) for violation of numerous rights enshrined in the American Convention on Human Rights or the Pact of San Jose de Costa Rica.
Sanctioning the project will allow national legislation to be adapted to international treaties and comply with the ruling of the Inter-American Court of Human Rights, which condemned Argentina in the Forneron and Daughter case in 2012.
— Martin Soria (@MartinSoria_)
On the other hand, the preparation of the project to typify the crime of buying and selling children and adolescents also received impulse of the Advisory Council to the National Directorate of the Unified Register of Applicants for Guardianship for Adoption, who advocates introducing this figure into the Penal Code. The unified registry of applicants for guardianship for the purpose of adoption depends on the Ministry of Justice.
The draft law amends Art. 139 bis of the Penal Code, as its sanction is punishable by “imprisonment or deprivation of liberty from 3 to 10 years, who facilitates, encourages or in any way mediates the commission of the crimes under Art. 138 and the Criminal Code” . 139,” which refer to concealing the identity of a minor, “whether brokering a price or promise of reward or threatening or abusing authority.” It also doubles those sentences if the convicted person is a public official or health professional .
The draft also includes Article 139 tre of the Penal Code, which punishes with “imprisonment from 5 to 15 years One who supplies or receives a minor when he has brokered a transfer price, promise of remuneration or other form of compensation“. He further states that “they will suffer the same punishment that illegitimately facilitate, encourage or in any way mediate in the expected behavior, even when there was no price, promise of reward or other kind of reward’.
They will suffer too special disqualification for doubling the time of the sentence official or public servant, professional or health personnel, lawyer, person responsible for education or guardian of a minor or a member of organizations specializing in adoption, who, in the course of their activities, commit or participate in any way in any of the described acts,” the bill states.
However, the sentence is expected to be reduced by one-third of the maximum and one-half of the minimum if, during the trial, the accused provided “useful information that allows to know the identity of the person who obtained a minor, brokered, encouraged or facilitated the commission” of the described crime. Also, “parents who provide biological material or other useful information will be exempt from punishment to clarify the identity of the victim.