The Venezuelan Constitution, in its article 44, numeral 3, establishes that «The penalty cannot transcend the convicted person. There will be no sentences to perpetual or infamous sentences. The custodial sentences will not exceed thirty (30) years. For Attorney General Tarek William Saab, it is necessary to open a debate in the country regarding the maximum applicable penalties. This is in reference to the increase in complaints of sexual abuse of children and adolescents, which between January and November of this year add up to 1,494 cases throughout the country.
The prosecutor appointed by the extinct constituent assembly, Tarek William Saabsaid this Thursday, November 24, that the time has come to review the maximum penalties for some crimes, for which he considers it necessary to make “an amendment to some articles of the Constitution and the Organic Code of Criminal Procedure.”
In a press conference for the 53rd anniversary of the Public Ministry, the prosecutor said that “it is time to review whether some extremely serious crimes do not deserve a sentence of more than 30 years in prison without any procedural benefits.” This is in reference to the increase in complaints of sexual abuse of children and adolescents, which between January and November of this year add up to 1,494 cases throughout the country.
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The official pointed out that it is necessary to open a debate in the country regarding the maximum applicable penalties. The Venezuelan Constitution, in its article 44, numeral 3, establishes that «The penalty cannot transcend the convicted person. There will be no sentences to perpetual or infamous sentences. The custodial sentences will not exceed thirty (30) years.
Saab reiterated that this process should go through a constitutional amendment, as well as a reform of the Organic Code of Criminal Procedure.
In addition, the prosecutor indicated that they will bring to the National Assembly a proposal to reform the Organic Law for the Protection of Boys, Girls and Adolescents, with the aim of updating and increasing the penalties for crimes of a sexual nature.
“This reform will include an aggravating factor for atrocious crimes that will establish that in cases that are so considered, the maximum limit of the sentence attributed to the crime for which the alleged perpetrator is accused must be sentenced,” Saab explained.
The reform will also propose an increase in penalties for crimes related to sexual exploitation, sexual abuse and the dissemination or exhibition of pornographic material and exhibition of pornographic material involving children and adolescents, the latter two provided for in the Special Law Against Computer Crimes.
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