Nearly half a century after rules governing minors were changed, President Javier Milei will next week begin a legislative push to lower the age of criminal responsibility in Argentina.
The government will seek to amend Argentina’s existing juvenile penal regime during special sessions of Congress, which are due to begin on Monday, February 2.
Though it initially did not plan to submit a bill on the subject during extraordinary sessions, the Milei administration agreed during meetings this week to push for the change.
Cabinet Chief Manuel Adorni confirmed in a post on social media that a bill outlining changes to the juvenile penal regime would be included on the ruling party’s agenda.
The initiative was formally incorporated through Decree 53/2026, issued on Tuesday and signed by President Javier Milei and Adorni.
Confirmation of the legal push came after Adorni chaired a Cabinet meeting on Monday at the Casa Rosada to finalise the legislative agenda.
Those in attendance included Presidential Chief-of-Staff Karina Milei, Interior Minister Diego Santilli, Lower House Speaker Martín Menem, Economy Minister Luis Caputo, presidential adviser Santiago Caputo and Senator Patricia Bullrich, who leads the ruling party caucus in the upper house.
“Early meeting at the Casa Rosada. The ‘Juvenile Criminal Law’ will also be on the agenda of the extraordinary sessions,” Adorni confirmed in an online post.
The government aims to move forward with a reduction in the age of criminal responsibility to 13 through amendments to an existing bill. However, some lawmakers are seeking a higher bar, 14, while some in Milei’s party want it pushed even lower to 12.
No final text has fixed the specific age limit yet. Initial talks with other political groups outside the ruling coalition have not yet produced broad agreement. This suggests the reform may face fierce negotiation and debate when it reaches Congress.
During a visit to Mar del Plata this week, Milei declared: “In Argentina, those who commit crimes pay for them; adult crime, adult sentence.”
‘End to the madness’
Last week, Bullrich argued that a new Criminal Code and juvenile penal regime would “put an end to the madness.” Those who “choose to commit crimes will pay the consequences. Enough with going scot-free because you’re a minor,” she wrote on social media.
Bullrich, a former national security minister, has long pushed for a “zero tolerance” approach to crime that makes no distinction based on the age of the perpetrator and prioritises “the protection of victims over criminals’ rights.”
National Security Minister Alejandra Monteoliva, agreed this week that Argentina “is lagging behind in this discussion” and call for the age to be lowered to 12 years old.
“Except for Brazil, which has practically the same range as us, all other countries in the region and in Europe are around 12, 13 and 14 years old," she declared.
“I hope we achieve 13 or 14 years old as has been suggested, although if you ask me, I think it should be even lower – the discussion is currently centred more around 12 and 13 years old,” said Monteoliva.
The minister argued that the current law does not adjust to the needs of the time. “Our regulations are from 1980 and criminal organisations have changed: they recruit children today and we have not evaluated its impact, since minors work as the ‘fuel’ of these gangs,” she claimed.
“It’s not just about lowering an age, but changing a system. The bill contemplates working on prevention, the institutional response of containment and mandatory educational support, including figures such as a supervisor,” Monteoliva noted.
‘Adult crime, adult sentence’
The decree outlining the bill is brief but forceful. Article 1 states: “The agenda to be considered by the Honourable National Congress during the period of Extraordinary Sessions convened as from February 2, 2026, is hereby expanded to include consideration of the Bills related to the Juvenile Criminal Justice Regime.”
The bill submitted by the Executive Branch, strongly promoted by the Security Ministry and Justice Ministry, seeks to reform the current system in force since the 1976-1983 military dictatorship by lowering the age of criminal responsibility, which currently stands at 16.
The initiative was approved in May by a joint plenary session of the Criminal Legislation; Family, Children and Youth; Justice; and Budget and Finance committees of the Chamber of Deputies, leaving only a floor debate pending.
Under the proposal, criminal responsibility – defined as the application of criminal sanctions to adolescents who commit offences – would be extended to those aged 14. At present, individuals are only punishable from the age of 16 under a special regime.
The bill stipulates that minors must serve sentences in facilities exclusively for juveniles, without contact with adult prisoners.
It also establishes that detainees must be separated within juvenile prisons according to their personality, personal characteristics and health conditions, age, cultural and educational identity, and whether the deprivation of liberty is precautionary or punitive.
Local Church leaders have slammed the move and called on the Milei administration to suspend its bid and reflect.
‘Common sense’
Ruling party lawmaker Karen Reichardt was among those welcoming the move on social media, arguing the reform “has been postponed for far too long in Argentina.”
“This is not about political ideologies, it is about common sense. We want people who commit crimes, whatever their age, to pay for them. That is what we have wanted for many years,” said the La Libertad Avanza deputy in a video published online.
Reichardt accompanied the video with a written post stating that an “adult crime” should carry an “adult sentence.”
“There are minors in Argentina who kill, who rob while armed, and within a few hours they are back on the streets as if nothing had happened,” Reichardt claimed. “I am going to support this bill to put an end to impunity, to set a clear limit, and to ensure that anyone who chooses to go out and commit crimes takes responsibility.”
La Libertad Avanza officials had initially planned to debate the bill during ordinary sessions of Congress, which begin on Wednesday. However, the recent murder of a 15-year-old, which was captured on camera, reignited the debate and prompted the government to fast-track its reform push.
– TIMES/PERFIL/NA
Comments