Alberto Rodríguez Saá’s senators voted against the law to stop the “revolving door” for criminals – El Chorrillero

This Tuesday after noon the Senate, under the presidency of Vice Governor Ricardo Endeiza, gave half sanction to the law to reform the Criminal Procedure Code at the request of the positive vote of the ruling party and allies. The new text introduces modifications linked to preventive detention, speed in cases where those involved are arrested committing the act and also to reintegrate properties to those who have suffered occupations.

The Unión por San Luis bloc, aligned with former governor Alberto Rodríguez Saá, rejected the project whose main objective is to end the “revolving door” for criminals. Hugo Olguín (Chacabuco), Juan Torres (Pringles), Sergio Moreira (Dupuy ) and Mariana Cruz (San Martín) voted against.

Olivero presented the arguments and statistics that support the Government’s idea that criminals who repeat crimes remain detained until the oral trial.

The San Luis Police arrested 1,087 people for flagrante delicto in 2024, but 970 are already free. Charges were brought against 117 people, of whom only 50% were remanded in custody.

“This reform will give the prosecutor and the Justice system one more tool so that they can arrest and prevent criminals from entering through one door and leaving through the other. Society today feels unprotected and the police forces become demoralized if they take longer to take the person to court to regain their freedom,” stated Martín Olivero, president of the Constitutional Affairs commission, in his capacity as reporting member.

He explained that the province has 20 courts and there is no need for more because the Ministry of Justice of the Nation establishes that they are above the country’s average. “Mendoza has less in proportion of inhabitants than San Juan or the Federal Capital. I think it has to do with commitment, work and dedication,” he said.

10 articles were modified and repealed from the text that was approved in 2021.

Along the same lines, the legislator considered that the Public Prosecutor’s Office is failing and pointed high. “For example, in the hand and head of Attorney General Luis Martínez, who is the head of prosecutors. One understands that he was appointed without having the necessary experience. He was a deputy and president of the Justicialism bloc. He was more linked to the partisan than to the judiciary and that can be seen at work,” he shot.

Olivero (Pueyrredón), Sergio Guardia (Junín) and Adolfo Castro Luna (Pedernera) from Cambia San Luis; Diego García (Ayacucho) and Carlos García (Belgrano), both with one-person dialogue blocks, voted in favor.

For his part, the head of the Albertista bloc, Hugo Olguín, stated: “The principle of guilt is violated. “The principle of innocence, which runs the risk of preventive detention being an early punishment.”

Opposition senators also argued that the reform is unconstitutional.

“I don’t think it affects any of the constitutional guarantees, quite the opposite,” Olivero said.

The initiative had been announced by Governor Claudio Poggi at the opening Assembly of the legislative year. On April 1 he said that we must end “the revolving door for criminals” and recover “social peace in the people of San Luis.”

The project passed to the Chamber of Deputies.

Below, the reforms:

1) Replace article 203 of Law No. VI-0152-2021

Establishes other options when determining a defendant’s flight risk. In addition to the roots of the accused, the characteristics of the crime and the penalty, the solidity of the accusation together with the evidence, and the behavior of the person involved, “the confirmation of a previous arrest, or the possibility of declaring recidivism for intentional crimes” is added. ”.

Likewise, the danger may be defined if you have a previous sentence, fully or partially completed and based on the procedural situation in other judicial cases pending for intentional crimes, that is, those that were committed with will and knowledge that the law was being violated. law.

2) Replace article 206 of Law No. VI-0152-2021

It aims to eliminate situations where the preventive detention of an accused will not proceed. One case is when the fact could result in a conditional sentence and the other when it involves people over 70 years of age, pregnant women who require special attention, mothers during the first year of breastfeeding their children or people affected by a serious and risky illness. .

3) Replace article 226 of Law No. VI-0152-2021

It refers to flagrancy, that is, the events where those involved are arrested committing the crime or moments later.

The legislation establishes that the procedure is applied in intentional acts where the maximum penalty does not exceed six years in prison. The initiative aims to extend it to those who can receive up to 20 years in prison.

While this procedure will not be applied when it is a combination of crimes, and one of them exceeds the amount of punishment indicated above.

4) Repeal article 229 of Law No. VI-0152-2021

Eliminates the impossibility of implementing the procedure for flagrante delicto when there are cases pending in relation to the accused.

5) Replace article 232 of Law No. VI-0152-2021

Establishes the procedure for a preliminary hearing where everything related to this type of illegal acts will be resolved.

6) Incorporate as article 232 bis of Law No. VI-0152-2021

The debate will be carried out in accordance with the rules of the common trial and with respect to the sentence, the common provisions will apply.

7) Replace article 233 of Law No. VI-0152-2021

It is aimed at pronouncing these crimes. It is defined that, in the event of the imposition of a sentence or granting of suspension of trial to probation, the file will be sent to the Court for the Execution of Sentences for the continuation of the process and its due control.

8) Incorporate as the last paragraph of article 201 of Law No. VI-0152-2021

The project adds that in a hearing where coercive measures are defined, if the designated defender does not attend, an official defender must be urgently summoned to replace him.

9) Incorporate as the last paragraph of article 207 of Law No. VI-0152-2021

It will be related to the fact that in cases where it is necessary to accumulate other criminal proceedings in progress, there is evidential complexity or several defendants, a preventive detention of more than four months may be determined.

10) Replace article 209 of Law No. VI-0152-2021

Modifies the resolution procedure on the review of a coercive measure, which may be requested by the parties.

11) Incorporate as the last paragraph of article 211 of Law No. VI-0152-2021

It is focused on crimes that involve the usurpation of real estate. It establishes that in these cases “at any stage of the process and even without criminal charges having been filed, the Guarantee Judge may provisionally order the immediate reinstatement of the possession or tenure of the property, when the right invoked by the injured party is credible.”

Likewise, “a bond may be set if it is considered necessary.”