This is the bill “Which modifies articles 420 and 421 of Law No. 1,286/1998, Criminal Procedure Code”, which will also provide prosecutors, in all cases, better possibilities of application of the penalty measurement basesso as not to base the years of sentence only on the amount of criminal records, but on the damage caused and the amount of evidence and evidence obtained.
However, the deputy Rocio Vallejo (PPQ-Central), head of the Constitutional Affairs Commission, advised the rejection of the proposal, by stating that procedural principles cannot be violated.
“This abbreviated procedure can be applied to all serious punishable acts; not to mention the white collar crimes that are going to come up without any type of analysis or violating the principle of procedural legality; also violating the principle of innocence. It says that in all cases the defendant must make, before the judge, a circumstantial and complete account of his participation; that is, here the accused must confess and that violates the constitutional principle of the principle of innocence, ”he argued.
This was supported by the legislator Eusebio Alvarenga (PLRA-Guairá), arguing that the rejection is appropriate because the claim to decongest the system is actually a fallacy. “It will not decongest with this,” he said.
75% of prisoners have no sentence
However, the deputy Derlis Maidana (ANR-Misiones), requested the approval of the document in the Senate version, mentioning that it is based on the fact that more than 75% of the people in prison have not been sentenced.
He said that the regulations will become a tool to decompress criminal proceedings and will make it possible to reduce judicial arrears, thus avoiding the extinction of processes for their maximum duration.
“We believe that it will be a tool to reduce judicial delays and make it possible for justice to be done, as long as the defendant assumes his responsibility and has the endorsement of the judge, the prosecutor, the victim and the defense attorney,” he said.
the bill It will be sent to the Executive Branch for promulgation.
The entrance They sanction regulations that seek to decompress the judicial system was first published on newspaper TODAY.
