The deputy of National Renewal, Camila Floresand the exconventional, Fernando Atriastaged a debate in the morning “with you in the morning” of CHV on the Justice System proposed by the constitutional proposal, with a view to the exit plebiscite on September 4.
The discussion began when the animators asked how a crime is determined if the constitutional proposal is approved, since the State recognizes the legal systems of indigenous peoples and nations so that they work in coordination with the National Justice System.
Discussion
The constitutional lawyer, Fernando Atria, explained that article 112 states that “no one can be tried for a crime that is not in the law. And the law is what Congress dictates; and no one can receive a penalty other than the law.” .
In addition, he added that when trying to determine the responsibility of a person accused of homicide, “this will be governed by the law that dictates the crime and that establishes the sanctions,” he also stressed that “there cannot be an indigenous rule that says something different: ‘That homicide is not a crime'”.
Faced with this explanation, Deputy Flores remarked on the hypothetical scenario in which someone points out that he belongs to an indigenous people, so they cannot judge him, because “it is unconstitutional and I want to go to my particular system.”
Along these lines, the legislator continued with her example by indicating that “this law (National System) is unconstitutional, because here it says (constitutional proposal) that I have the right as a member of x indigenous people to be ruled in accordance with my right and my customs”.
Faced with this example, Atria summoned Flores by asking “Where does it say that?” and the RN replied that “they have already read the article many times (112)”. She then remarked that the ex-conventionals dedicated themselves “to putting up a series of articles that in practice are of little use and the important things were not made clear.”
Finally, Atria replies that he was reading the article that indicates that “there can be no indigenous crimes or penalties.”
Video via Twitter: @Mister_Wolf_0
