Argentina Expands Congressional Debate on Juvenile Criminal Regime, Proposing Lowered Age of Imputability

Government Pushes for Juvenile Justice Reform

The Argentine government has officially broadened the agenda for its extraordinary congressional sessions to encompass a comprehensive debate on the juvenile criminal regime. This move, formalized by Decree 53/2026 and published on Tuesday, January 27, 2026, sets the stage for legislative discussions between February 2 and 27. The primary objective is to modify the current legal framework, notably by lowering the age of criminal imputability in Argentina.

Proposed Changes to the Age of Criminal Responsibility

Currently, individuals under the age of 16 cannot be criminally prosecuted in Argentina, while those between 16 and 18 are only imputable for crimes carrying sentences exceeding two years. The administration of President Javier Milei, with strong advocacy from Justice Minister Mariano Cúneo Libarona and Security Minister Patricia Bullrich, initially proposed reducing this age to 13. However, to secure broader political support, the Argentine Lower House has reached a consensus on a first draft bill that suggests lowering the age of criminal responsibility from 16 to 14 years old.

Rationale and Broader Reforms

The government justifies the proposed changes by arguing that Argentina's current legislation, which sets the minimum age at 16, is 'outdated' compared to many other countries in the region. Officials contend that a growing percentage of crimes are committed by teenagers, who are sometimes exploited by organized crime. Security Minister Bullrich has emphasized that the reform aims to prevent 'impunity in crimes committed by teenagers.'

Beyond the age of imputability, the proposed bill includes a range of other punitive measures and reforms. These include:

• Alternative sanctions such as community service, restriction orders, or damage reparation before resorting to incarceration.
• Jail time would be reserved for serious crimes with sentences of 10 years or more, with a maximum possible sentence of 15 years.
• Minors who are incarcerated would be held in special institutions separate from adults, where staff would be specifically trained to work with adolescents. These institutions would also guarantee access to education, medical care, and substance abuse treatments.

Opposition and Concerns

The proposed reforms have met with resistance from various sectors. Human rights organizations, some left-wing lawmakers, and elements within the Catholic Church have voiced concerns. Critics argue that the proportion of serious crimes committed by minors is relatively low and that a punitive approach, such as lowering the age of imputability, may not address the underlying causes of juvenile delinquency. Instead, they advocate for a focus on social integration, education, and addressing issues like addiction.