Buenos Aires judge rules juvenile law unconstitutional, dismisses case against 14-year-old

A Buenos Aires juvenile court judge declared the new Juvenile Penal Law unconstitutional as applied to a 14-year-old identified as M.I.A., dismissing attempted robbery charges against him. Judge Laura Beatriz De Marinis ruled that lowering the age of criminal responsibility violates international treaties with constitutional hierarchy.

The ruling applies only to this specific case and does not suspend the law nationwide, unlike a previous ruling in Buenos Aires province that was later overturned. The case stems from a September 10 incident where five youths allegedly attempted to rob a 47-year-old man.

“This ruling is stained with blood. We will immediately request impeachment.”

Chief of Government Jorge Macri called for the judge's immediate impeachment, stating the ruling is "stained with blood." Senator Patricia Bullrich accused "guarantor judges" of protecting criminals over victims. Judicial sources told Infobae the decision faces "almost certain reversal" by the appeals court.

The defense had challenged Article 1 of Law 27.801, arguing it is regressive. During a hearing, the Tutelary Advisory warned it could not contact the minor. The prosecutor had classified the act as attempted simple robbery.