Whatever the outcome of the case, if it appears, from the assessments made, that the minor has
been abandoned, is in need of assistance, is in physical or moral danger, or has behavioral
problems, the judge shall decide his situation by means of a well-founded decision, after a hearing
with the parents, tutor or guardian.
[…]
Art. 4. The sentencing of the minor referred to in the [second] article shall be subject to the
following requirements:
1) That criminal or civil responsibility, as applicable, has been declared previously, pursuant to the
procedural norms.
2) That the minor has attained eighteen years of age.
3) That the minor has been subject to tutelary treatment for no less than one year, extendible if
necessary until he attains his majority.
Once these requirements have been met, if the facts, the minor’s background, the result of the
tutelary treatment, and the direct impression made on the judge make it necessary to apply a
sanction, the judge shall decide this, but may reduce the punishment to that applicable to
attempted offenses.
Conversely, if application of a punishment is unnecessary, the minor shall be acquitted, in which
case the requirement under the [… second] paragraph can be dispensed with.
154. Meanwhile, articles 13 228 and 14 of the national Criminal Code in force at the time of
the facts, establish that:
Art. 13. The person sentenced to life imprisonment or to reclusion for life who has served twenty
years of the sentence, […] routinely respecting prison rules may obtain his or her liberty by judicial
decision, following the report of the head of the establishment, on the following conditions […].
Art. 14. Repeat offenders shall not be granted parole.
155. In addition, article 44 of the national Criminal Code, which regulates attempted
offenses, stipulates the following:
[…] If the sentence is to reclusion for life, the sentence for an attempted offense shall be fifteen to
twenty years’ reclusion.
If the sentence is to life imprisonment, the sentence for an attempted offense shall be ten to fifteen
years’ imprisonment […].”
156.
Also, article 80 of the national Criminal Code establishes that:
“Reclusion for life or life imprisonment shall be imposed, allowing for the application of the
provisions of Article 52, to a person who has committed murder: […]
7) To prepare, facilitate, perpetrate or conceal another offense or to ensure its results or to seek
impunity for oneself or another, or for not having achieved the intended objective when attempting
another offense […]
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Law 25,892 of 2004 amended article 13, stipulating that those sentenced to life imprisonment or reclusion
for life had to serve 35 years in order to obtain parole: “The individual sentenced to imprisonment or reclusion for
life who has served thirty five (35) years of his or her sentence, […] observing the prison rules, may be released by
a court order, following the report of the head of the establishment and the report of experts who each predict his
or her social reinsertion, under the following conditions: he or she must (1) live in the placed determined in the
order of release; (2) observe the inspection rules established in this order, especially the obligation to abstain from
consuming alcoholic beverages or using narcotic substances; (3) engage in a profession, trade or craft, if he or she
has no other means of subsistence, within the time frame established in the order; (4) not commit other offenses;
(5) submit to the care of a welfare agency indicated by the competent authorities, and (6) undergo the necessary
medical, psychiatric or psychological treatment recommended by experts. These conditions, to which the judge
may add any of the rules of conduct established in article 27 bis shall be in force until the expiry of the terms of the
temporary sentences and up to ten (10) years more for life sentences, calculated from the day that parole is
granted.” (Article substituted for art. 1 of Law No. 25,892 B.O.26/5/2004).
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