President Fernández talks about the new Criminal Procedure Law in a TV address (Photo: Presidencia/Télam)
President Cristina Fernández de Kirchner formally sent a new bill to reform the Criminal Procedure Law to Congress last night.
“We are sending an instrument that is agile, swift, and modern,” declared President Fernández in a televised address to the nation. “[The reforms were] demanded by judges, academics, and the current reality of a society that feels unprotected due to slow and burdensome criminal procedures.”
The bill, which includes several reforms to the existing 1991 law, proposes a switch from an inquisitorial system – in which judges both conduct criminal investigations and rule on them – to an accusatory system, where prosecutors take charge of the investigation.
“The judge – as the name implies – will still judge cases, ruling to absolve or condemn. But the investigation is conducted and led by the prosecutor, with an important addition. This bill also includes the victims [of a crime], not just as plaintiffs but also as participants in the process, alongside the prosecutor and judge,” said President Fernández.
Other changes proposed in the bill include the stipulation that criminal investigations must be completed within one year, and trials must be carried out 5-30 days after the investigation is concluded. Judges and prosecutors could face sanctions for taking too long to complete their tasks.
“One of the problems we have today is that when nothing happens with a case, nothing happens to the judge or prosecutor involved. This bill proposes that if prosecutors or judges do not comply with the time limits they will face severe sanctions,” said the president
The bill also establishes terms for the imprisonment of those charged with crimes, based on the nature of the act, whether the accused has a criminal record, and the impact of the crime on society. Fernández added that those accused of committing serious crimes will be detained from the start of the investigation and will be tried within ten months.
Another contentious issue surrounding the new bill is the possibility to deport foreigners who are caught committing a crime and do not have the proper migratory documents for up to 15 years. The measure has received support from sectors of the opposition, but the recent focus by some government officials on foreign criminals has drawn criticism from human rights groups.
“I think it is a protection that Argentines deserve when faced with trends showing an increase in foreigners that come into the country to commit crimes,” explained Fernández.
The president also confirmed that the bill, if sanctioned, would only apply to new cases, while existing cases and investigations would continue under the existing procedures. She said that this should debunk claims from some in the opposition that the reforms were being pushed through to alter the course of existing criminal investigations involving members of the government.
Fernández ended with a call for members of Congress to overcome party politics and approve the reforms quickly, adding that it would provide the legal system with better tools to combat crime.
“Those who say that a particular formula or procedure or government will end problems of insecurity are lying, and those who believe them are fools…I believe we must act swiftly and responsibly, independently of political parties, to sanction this law for the good of society,” concluded the president.
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