In the last few hours, a strong controversy has been generated by the articles of the LUC that refer to the repression of those who commit serious crimes, including rape.
Valenti, who is in charge of the campaign in favor of repealing 135 articles of the LUC, released a video, through his social networks, in which he states that Law 19,653 of modification of the Criminal Procedure Code (CPP) incorporates to the CPP article 301 whose title is: “Inapplicability of the benefit of early release for the commission of certain crimes”, among which is “rape and sexual abuse, violent indecent assault, among others”.
“Therefore, that early release cannot be applied to certain crimes, such as rapes, has existed in our Penal Code since 2018. The LUC did not introduce any changes in this regard,” it is indicated in the video.
falsify the truth
However, deputy Zubía, with a video of his authorship that he posted on Twitter, expresses that “Valenti distorts reality by saying that the LUC is not more repressive with rapists.”
“Yes, the LUC increases the repression of rapists, since it prevents it by its article 86 by establishing that rapists are excluded from reduction or redemption of the sentence,” indicated the Colorado legislator.
He added: “The LUC takes away the benefit of being able to be released sooner and, therefore, the LUC represses with greater intensity. Let it be clear that what is said is false.
Zubía explained that one thing is early release, regulated by the CPP, and another is redemption of the sentence, which is regulated by Law 17,897 on provisional and early release.
He added that the LUC cuts the two into different articles. Article 35 cuts the anticipated one (for rape and other serious crimes it already exists) and article 86 does the same with the redemption of the sentence for work or study.
However, Valenti was referring to the “inapplicability” of early release (which does already exist for rape) and not to redemption of the sentence for work or study to imprisonment -provided for in Law 17,897- (in which rape is not included).