Milei Government Advances Bill to Lower Criminal Age in Argentina

Legislative Push to Amend Juvenile Penal Regime

The government of President Javier Milei in Argentina is set to introduce legislation aimed at lowering the age of criminal responsibility from the current 16 years to either 13 or 14 years. This initiative will be a key topic during extraordinary sessions of Congress, scheduled to commence on Monday, February 2.

The proposal was formally incorporated into the legislative agenda through Decree 53/2026, signed by President Milei and Cabinet Chief Manuel Adorni. The government's bill specifically proposes lowering the age to 13, bringing adolescents under a special criminal regime.

Government's Rationale and Proposed Framework

The Milei administration argues that the existing system 'creates situations of impunity' and that Argentina's domestic legislation is out of step with other countries in the region, such as Brazil, Uruguay, Chile, Colombia, and Peru, which have lower ages of juvenile criminal responsibility. Officials from Casa Rosada state that the reform seeks to reduce juvenile crime and provide an institutional response to serious offenses committed by minors.

President Milei has publicly stated, 'In Argentina, those who commit crimes pay for them; adult crime, adult sentence.' Security Minister Patricia Bullrich has also been a vocal proponent, advocating for a 'zero tolerance' approach and asserting that 'Society needs justice and to prevent new victims. Without consequences, there is freedom to commit crime.'

The proposed new regime would apply to adolescents aged between 13 and 18. It aims to 'promote the adolescent's legal responsibility for their actions,' while also emphasizing education, resocialization, and social integration. Key principles incorporated include:

• Due process
• Right to defense
• Presumption of innocence
• Proportionality of sentences
• Age-differentiated treatment
• Protective judicial interpretation

Minors who receive custodial sentences under this new framework would be held in special institutions separate from adults, where staff would be trained to work with adolescents, and they would receive education, medical care, and substance abuse treatments.

Concerns and Opposition

The proposal has reignited a long-standing debate and drawn criticism from various sectors. Human rights organizations, including CELS, and reports from UNICEF suggest there is no evidence that lowering the age of criminal responsibility leads to a favorable impact on overall public safety. Critics argue that treating children as adults will not reduce crime rates and may instead worsen the situation.

A juvenile court judge, Rodrigo Morabito, publicly questioned the 'punitive response' of the proposed reform. Concerns have also been raised regarding the lack of provisions for accompaniment or reinsertion strategies to prevent recidivism. Furthermore, prosecutor Mónica Cuñarro has warned that the bill could be unconstitutional if it deviates from the Convention on the Rights of the Child.

Historical Context

The current Law 22.278, which governs the juvenile penal regime, has been in force since 1980 and is considered outdated by the Executive. The age of criminal responsibility in Argentina was previously raised from 14 to 16 in 1983. Past attempts to lower the age have been unsuccessful due to a lack of parliamentary consensus.