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The government finally proposed in the House of Representatives Trial in absentia In the Criminal Procedure Law, only three days away from the 30th anniversary of the headquarters terrorist attack Argentina Israel Mutual Aid Association (Amiya), 85 people died.
Written by the Attorney General, Mariano Cuneo Libaronathe text has been submitted to the House of Representatives and signed by the President Javier Miley,chief of staff Guillermo Francos and the Minister of Security Patricia Burridge. Meanwhile, opposition figures have called a public hearing to discuss a similar proposal, which has been interpreted as a way to put pressure on the executive branch.
If the initiative is approved, it would allow trials to be conducted without the defendant’s presence, would apply to certain crimes, including crimes against humanity, terrorism and the proliferation of weapons of mass destruction, and would have to meet a series of requirements to be enforced.
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What is the In Absentia Trial Project about?
According to the text provided, trials in absentia would apply in particular to Crimes against humanity, terrorism yes Weapons proliferation of Massive destruction“It is very important to advance such legal tools to ensure the effectiveness of justice in complex cases like these,” Cuneo Libarona stressed in the project presentation.
At the same time, such trial will be held if the accused who has been declared in absentia has not appeared before the court after knowing the existence of the process against him and having made reasonable efforts to locate him for at least four months after the issuance of the national or international arrest warrant.
The bill also provides for the option of trial in absentia if the country requesting extradition rejects the request or does not respond within the prescribed period and the national executive has not authorized prosecution in that country.
In order to protect the right of the defendant in absentia to defend himself, the Act stipulates: “At any stage of the litigation process, the defendant may appoint a counsel to defend him. The defendant’s presence is not required For any program behavior”.
Likewise, the text states that “ right Even if the defendant does not appear in court with a defense lawyer, the Argentine law grants the defendant “the right to defense will be exercised by his or her counsel.” In this case, “the judge will appoint a defense lawyer ex officio.”
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Furthermore, it is expected that if the defendant appears during the argument, he will Right to be heardIf the defendant appears in court after conviction, he may request to appear in court A New Judgment During the 10 days, only “if he was unaware of the proceedings against him” or “he failed to appear before the court due to a serious and legitimate impediment”.
The bill sparked controversy at a public hearing, with multiple legal experts expressing support and opposition. The legislative process is expected to continue, with detailed analysis by parliamentary committees before final approval or amendment in Congress.
CD / Electronic version
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