Within the framework of the legislative “fast track” on security matters, the Senate unanimously approved in general and in particular the project that modifies the Penal Code, aggravating the penalty for the crime of kidnapping, which will be punished with imprisonment from 5 years and 1 day to 15 years and will be increased to life imprisonment, when homicide, rape or very serious injuries are also committed as a result of the kidnapping. It should be remembered that, currently, the crime has penalties that range from 3 years and 1 day to 5 years in prison.
The message that came from the Chamber proposed the sanction in cases in which the kidnapping lasted for more than 48 hours; however, the Security Commission proposed an amendment where the figure was lowered to 24 hours, which must be endorsed in the third constitutional process by the Chamber.
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The legislators agreed that “a deficiency of the criminal type” is corrected, giving “a public and political signal to dissuade this type of crime.” In addition, it was recalled that, according to police data, when comparing the year 2021 with 2022, kidnappings increased by 79.4%. “The figures alarm us”, “we are facing a reality that we were not used to”, “it is a crime that generates a lot of fear and which must be taken care of”, it was indicated across the board.
In this sense, it was asserted that this specific norm “is not criminal populism” and it was called to move forward with a more comprehensive look. In addition, it was recognized that we are facing “increasingly recurrent express kidnappings”, which “were treated as robbery with intimidation.”
However, some senators acknowledged that “it is not that criminals are pending these penalties… We must continue to evaluate whether these types of measures are reducing these figures”, “it is not that the mere promulgation of the law prevents these events from occurring ”.
