Milei Proposes Revolution in the Argentine Penal System: Accountability from the Age of 13 and Zero Tolerance for Crime!

Argentine President Javier Milei has unveiled one of the most ambitious and controversial reforms of his administration: a complete overhaul of the country’s Penal Code. The proposal includes drastically harsher penalties, lowering the age of criminal responsibility from 16 to 13, and creating imprescriptible crimes. Under the slogan “zero tolerance,” Milei promises to radically transform Argentina’s criminal justice system. But what are the details of this reform? Will it really work? And what are the risks and benefits of this approach? Let’s analyze all aspects of this proposal that’s sparking debate in Argentina.

The Announcement: Political Context and Strategic Timing

Milei chose a symbolic moment and location to present his reform: a prison in Ezeiza, Buenos Aires Province, just weeks before the legislative elections scheduled for October 26.

The choice wasn’t random. The Argentine president faces significant challenges in his administration and needs a parliamentary majority to implement his most radical policies.

The Electoral Context:

• Espert’s Withdrawal: Days before the announcement, José Luis Espert, Milei’s main candidate for the legislative elections, dropped out—a significant political blow.
• Need for Support: Milei requires lawmakers aligned with his agenda to pass structural reforms.
• Popular Appeal: Public safety is a sensitive issue that mobilizes voters.
• Clear Positioning: The reform forces candidates to take a stand “on the side of victims or criminals,” in the president’s words.

“We’re presenting zero-tolerance reforms against crime. If approved, those who break the law will truly pay—and law-abiding Argentinians will live in a safer society,” Milei told the EFE agency.

The Pillars of the Reform: Three Fundamental Principles

Milei’s proposal rests on three pillars that mark a radical shift in Argentina’s penal philosophy.

1. Harsher and Proportional Penalties

The first principle involves a widespread toughening of penalties for virtually all types of crime, with special focus on the most serious offenses.

• Underlying Logic: Create a stronger deterrent, ensure criminals stay out of society longer, and enhance the sense of justice among victims.

2. Speedy Trials

Milei advocates for swift criminal proceedings, preventing criminals from spending years awaiting trial in freedom or indefinite pretrial detention.

• Objectives: Reduce perceived impunity, avoid crime prescription, and provide a quick response to society.

3. Full Enforcement of Sentences

“Criminals must serve their sentences where they belong: in prison. Only then can law-abiding Argentinians live in freedom,” Milei stated.

This principle aims to eliminate:

• Easily granted regime progressions.
• Frequent pardons and commutations.
• Temporary releases that don’t return.
• Excessive benefits that undermine sentences.

Key Proposed Changes: A Breakdown of the Reform

Let’s detail the most significant changes proposed by Milei’s government.

Homicides and Violent Crimes:

• Homicides with Aggravating Factors: Current penalty: up to 10 years; Proposed penalty: up to 30 years (200% increase).
• Homicides by Organized Fan Groups: New category created specifically; Penalty: life imprisonment.
• Extortion Kidnappings: Significantly increased penalties; Crime becomes imprescriptible.

Weapon-Related Crimes:

• Illegal Firearm Possession: Becomes a non-bailable offense; Eliminates possibility of provisional release.
• Knife Possession: Also criminalized in certain contexts; Aims to reduce street crime.

Crimes Against Property:

• Robbery: All forms have increased penalties; Aggravating factors for violence.
• Fraud: Enhanced penalties; New criminal categories included.
• Pyramid Schemes: Clearer criminalization; Severe penalties for organizers.

Sexual Crimes and Crimes Against Minors:

• Child Pornography: Drastically increased penalties; Crime becomes imprescriptible.
• Corruption of Minors: Expanded new category; Strengthened child protection.
• General Sexual Crimes: Increased penalties; Elimination of controversial mitigating factors.

Drug Trafficking and Organized Crime:

• Drug Trafficking: Increased penalties; Clear distinction between users and traffickers.
• Human Trafficking: Severe penalties; Imprescriptibility.
• Terrorism: Expanded definition; Maximum penalties.

Corruption Crimes:

• Aggravating Factors for Officials: When committed by presidents, ministers, governors, judges, or lawmakers.

Newly Created Crimes:

• False Reports of Sexual Crimes: Protection against misuse of justice.
• False Reports to Restrict Family Contact: Combats parental alienation.
• Harassment: Expanded criminal categories; Includes digital harassment.

The Central Controversy: Lowering the Criminal Age to 13

This is the most controversial aspect of the reform and deserves in-depth analysis.

The Proposal:

• Current Situation in Argentina: Minors under 16 cannot be held accountable; between 16 and 18, only for crimes with penalties exceeding 2 years.
• Milei’s Proposal: Lowering to 13 as the minimum age; Accountability for serious crimes.

The Government’s Justification:

Security Minister Patricia Bullrich explained: “Today, we see traffickers using ‘little soldiers.’ Kids of 14 or 15 kill and go home like nothing happened.”

• Exploitation by Organized Crime: Gangs recruit teens knowing they can’t be imprisoned.
• Consciousness of Acts: By 13, there’s an understanding of right and wrong.
• Societal Protection: Victims deserve justice regardless of the aggressor’s age.

Criticism of the Reduction:

• Human Rights Groups: Incomplete brain development; adult penal system isn’t suitable.
• Development Experts: Limited judgment capacity; harsh punishment jeopardizes the future.
• Questionable Effectiveness: Severe penalties don’t reduce crime; socio-educational measures are better.
• Risk of Criminalizing Poverty: Poor teens would be disproportionately affected.

Imprescriptible Crimes: Eternal Justice or Legal Uncertainty?

Another revolutionary aspect of the proposal is making several crimes imprescriptible.

What Does Imprescriptible Mean?

Typically, crimes have a statute of limitations. Imprescriptibility removes this deadline.

• Crimes That Would Become Imprescriptible: Homicides, sexual crimes, corruption of minors, human trafficking, terrorism, drug trafficking.

Supporting Arguments:

• Justice for Victims: Serious crimes shouldn’t “expire.”
• Technological Advances: New techniques can solve old cases.
• Crime Severity: Serious offenses justify special treatment.

Criticism of Imprescriptibility:

• Evidentiary Challenges: Evidence fades over time.
• Legal Certainty: Perpetual uncertainty is a punishment in itself.
• System Costs: Investigating old cases consumes resources.

International Comparisons: How Other Countries Handle These Issues?

Criminal Responsibility Age: USA (10 in some states), England (10), Scotland (12), Germany (14), Spain (14), Brazil (18).

Imprescriptibility: War crimes and genocide (universal); France (sexual crimes against minors); Germany (homicides).

The “Zero Tolerance Code”: Philosophy and Consequences

Security Minister Patricia Bullrich labeled the proposal a “zero-tolerance Penal Code.”

• Concept Origin: Gained fame in New York in the 1990s under Rudolph Giuliani.
• Results: Crime dropped, but studies question causality.
• Criticisms: Criminalization of poverty, mass incarceration, questionable effectiveness.

Implementation Challenges

Even if approved, the reform will face obstacles.

• Prison System: Overcrowding, poor conditions, high costs.
• Judiciary System: Overload, need for more judges.
• Policing: Insufficient resources and training.

Political and Social Reactions

• Supporters: Conservatives, crime victims, urban middle class.
• Critics: Human rights groups, opposition, experts.

Alternatives and Complements to the Reform

• Prevention: Education, economic opportunities.
• Rehabilitation: Prison programs, post-release support.
• Restorative Justice: Damage repair, reduced recidivism.

Lessons from International Experiences

• What Works: Certainty of punishment, early intervention.
• What Doesn’t Work: Mass incarceration, extreme penalties.

Conclusion: Between Punitive Approach and Effectiveness

Javier Milei’s proposal represents a bet on a hardline stance. Its core elements are severe penalties, lowering the criminal age, and imprescriptible crimes. Politically, it’s an electoral move, but its effectiveness is uncertain. The solution may lie in balancing punishment with prevention.