Judge Laura De Marinis of the city’s Youth Penal, Contravencional, and Misdemeanors jurisdiction issued a ruling on September 10 involving a 14-year-old adolescent accused of attempted robbery, according to case files. The decision led city officials and ruling-party figures to challenge the ruling publicly, with Buenos Aires City Head of Government Jorge Macri stating his administration will appeal the decision and pursue a political trial against the magistrate.
Legal Context and the Disputed Ruling
The legal case began on September 10 after an adult male victim reported an attempted cell phone theft by a group of adolescents, prompting intervention from the City Police and the Public Prosecutor’s Office under flagrancy procedures as reported in court documents. Judge De Marinis subsequently declared a defense challenge against Article 1 of Law 27.801, which establishes criminal liability for adolescents starting at age 14. In her written resolution cited by LA NACION, the magistrate argued that lowering the age of punibility is regressive and noted that adults cannot penalize children for societal shortcomings in early childhood support. This marks the second recent judicial challenge to the legislation, following a prior suspension order issued by Lomas de Zamora judge Marta Pascual in the Province of Buenos Aires, which was later reversed by the San Isidro Penal Appeals and Guarantees Chamber.
Political Repercussions and Impeachment Plans
According to Macri’s statements on X and to TN, the magistrate possessed legal alternatives to incarceration under the new law—such as probation, addiction treatment, or professional tracking—without resorting to detention, yet chose not to utilize them. National and city lawmakers echoed these criticisms, with National Senator Patricia Bullrich writing on X that such rulings create impunity, while National Security Minister Alejandra Monteoliva called the decision a disparate during an LN+ interview. Additional statements came from National Deputy Alida Ferreyra and city legislator Pablo Donati, who criticized the judiciary’s approach, alongside National Deputy Martín Yeza, who asserted in published remarks that the ruling carried political motivations.
Did You Know? The disputed Youth Penal Regime established criminal liability for adolescents starting at 14 years of age through congressional approval of Law 27.801.
Judicial Outlook and Next Steps
Judicial sources consulted by national media outlets indicated that if the Public Prosecutor’s Office formally appeals the first-instance resolution, the Chamber of Cassation and Appeals in Penal, Juvenile Penal, Contraventional, and Misdemeanors matters is expected to overturn the decision.
Frequently Asked Questions
What triggered the court case?
The case originated on September 10 after a 47-year-old man’s cell phone was targeted in an attempted robbery by a group of adolescents, leading to police intervention and a flagrancy filing by the Public Prosecutor’s Office.
What did Judge Laura De Marinis decide?
Judge De Marinis declared Article 1 of Law 27.801 unconstitutional and granted a sobreseimiento (dismissal) to a 14-year-old defendant, arguing that lowering the age of punibility is regressive.
How did city authorities respond to the ruling?
Buenos Aires City Head of Government Jorge Macri announced an immediate appeal and instructed City Justice Minister Gabino Tapia to advance a political impeachment process against the judge.
How do you view the balance between juvenile criminal accountability and judicial discretion in cases involving teenage offenders?
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