CC warns of five shortcomings of the bill for the aggravation of sentences

CC warns of five shortcomings of the bill for the aggravation of sentences

The crimes of prevarication and consortium; the abolition of punishment for serious and very serious injuries; preventive detention and the insistence of ‘patch laws’ were identified as shortcomings in the new bill approved by the MAS in the Chamber of Deputies. The leader of the main opposition party, Carlos Alarcón (CC) explained that the observations were raised inside and outside the chamber; however, they were not listened to by the ruling party.

“We made the observations, even We submit proposals in writing. with the bench of We believe, but none was accepted by the MAS, which approved the project with few modifications, “said the opposition deputy.

Thursday, the Chamber of Deputies approved the bill that establishes modifications to three laws, the Criminal Code, the Code of Criminal Procedure and the Code of Criminal Enforcement and Supervision; however, it bears the extensive name, “for the dignity of the victims of femicide, rape, girl, adolescent boy, and infanticide.”

Alarcón explained that in the case of the aggravation of penalties for femicides and infanticides, the project is reduced to punishing those crimes and not to attempts or serious and very serious injurieswhen there are many cases of injuries and recalled the last event that happened in the city of El Alto.

There are cases of very serious aggression against children or women in which the victims can be disabled for life. This is a very serious case and the sentence was not reinforced, we said that it is insufficient to limit the sentences only to cases of femicide, infanticide and rape and leave aside serious injuries and attempts, ”he explained.

In the case of punishing judges for malfeasanceaffirmed that the aggravation of penalties proposed by the ruling party is inapplicable and recalled that the current wording of this crime is better than the text of the reform proposed by the MAS.

The current text not only aggravates the punishment for prevaricating judges in cases of femicide and infanticide, but also it is extended to the judges who dictate resolutions contrary to the Political Constitution of the State, to the block of constitutionality or to the “law applicable to the specific case”, this last concept is the one that cannot be applied given the legal complexity, said the opposition deputy.

In the case of the crime of consortium, the punishment was only extended to judicial officials and the sentences were not aggravated. In the current Penal Code, a penalty of 5 to 10 years in prison is established and the project ratifies that penalty; Likewise, criminal sanctions will be applied to magistrates who act in coordination with “judicial support servers, support servers for the fiscal function, experts, doctors and social workers.”

Preventive detention was another of the observations on the current project, because opponents consider that prosecutors should have been limited to preventive detention (six months) and not allow the extensions that are arbitrary and that cause the violation of rights, since the prosecutors can manage those detention times and the extensions at their discretion. On the other hand, if it was limited to six months, the prosecutors were forced to present the accusation within the required period and not have cases like that of Marco Aramayo, who spent seven years in preventive detention.

Finally, they observed that these modifications they are nothing more than a patch to the judicial drama, with circumstantial measures because they only respond when there is social pressure, such as the release of femicides and not to the real problem of justice.



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