What is the Victims Law and what is its main purpose?
Traditionally, it has been held that the victim’s participation in the criminal process was characterized by occupying an accidental and secondary role, due to the tensions for the recognition of autonomous powers and rights and guarantees that allow her to be located beyond a source for elaborate the evidentiary plexus. However, in recent decades this paradigm has been gradually transformed through international instruments, national and international jurisprudence. Keep in mind that the declaration on the fundamental principles of justice for victims was approved by the UN in the 40/34 assembly in 1984, which is why this issue has a long history.
In our country, after the enactment of Law 27,372, the participation of victims in criminal proceedings was reinforced, recognizing their rights enshrined in the National Constitution and in the International Human Rights Treaties and compensating, in some way, for the historical abandonment that they had suffered. suffered by the State in terms of access to justice. The new regulations have brought progress regarding their rights and guarantees in each instance of the criminal process (it is worth clarifying that there is a “investigation” stage, another “trial” stage and then an “execution” stage)
The purpose of the law is to recognize and guarantee the rights of victims, provide them with advice, assistance, protection, dignified treatment, pecuniary reparation and speed in the process, in addition to avoiding re-victimization.
When was this law enacted and what was the motivation behind its creation?
The law was enacted in 2017 and amended the nation’s penal code and criminal procedure code.
The motivation was the claim that for several years now, and after society was shaken by great tragedies such as the attacks on the Israeli Embassy and the AMIA, Cromañón and Once, the figures of victims who went out to fight for their rights, began to be more recognized by the common people, and above all to be accompanied, not only in their pain, but also in their struggle, we can remember the Piparo or Matías Bagnato case of the Flores Massacre just to name a few. .
In our studio we provide assistance to many victims of sexual abuse, scams, injuries among other crimes, she is a client of our Gisela Berger (ex of Scioli) and Fernanda Vives (ex of Tota Santillán) to name some personalities that we assist in addition to causes of significance such as that of Facundo Barreto, a truck driver who was brutally murdered in 2016 and together with the prosecutor Rapazzo and the then mayor of Hurlingham Zabaletta, coordinated with Interpol to arrest the accused who had escaped.
In most cases, the reality is that in practice if the victim does not appear (as a party) with a lawyer, he or she continues to be left helpless despite the brand new law 27,372.
The public prosecutor’s office does not provide all the assistance mentioned in the law, and many times it makes the victim’s complaint indifferent, underestimating the fact, except in public cases where all the actions of the judicial state evolve rapidly due to media exposure.
According to your point of view and experience, what could be done to find a solution to the problem?
In my opinion, a comprehensive reform of the penal code is needed to raise the maximum penalties, the age of non-imputability and also the minority regime, and not with patches due to public causes that have been partially reforming its regulations.
My recommendation is that the victim of a crime should always seek advice from their trusted lawyer and demand compliance with their rights in order to conclude with a sentence worthy of current times. I insist that the state has the obligation to assist the victims throughout the entire process, despite the fact that it is often not fulfilled.
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by CEDOC