equally applicable to adult offenders. The system established in article 4 of Law 22,278 (supra para. 153) grants a wide margin of discretion to the judge to determine the legal consequences of the perpetration of an offense for juveniles under 18 years of age, based not only on the offense, but also on other aspects, such as “the child's background, the result of the tutelary treatment, and the judge’s direct impression.” Furthermore, the wording of paragraph 3 of article 4 of Law 22,278 reveals that judges may impose on juveniles the same sanctions as on adults including the deprivation of liberty (as in this case), and these sanctions are established in the national Criminal Code. From the foregoing, the Court finds that the consideration of elements other than the offense committed, as well as the possibility of imposing on children criminal sanctions established for adults, are contrary to the principle of proportionality in the criminal sanction of children, as already established in this judgment (supra paras. 147, 151, 161, 165 to 166, 174, 175 and 183). 296. The Court also highlights that, at the time of the facts, article 13 of the national Criminal Code established parole for those sentenced to life imprisonment and reclusion for life after they had served 20 years of the sentence (supra para. 154). In this regard, as established by the Court in this Judgment, these sanctions are contrary to the Convention, because this fixed period following which release can be requested does not take into account the circumstances of each child, which change with the passage of time and, at any moment, could reveal progress that would enable reintegration into society. In addition, the period established in the said article 13 does not meet the standard of periodic review of the sanction of deprivation of liberty (supra paras. 163 and 164). To the contrary, it is an blatantly disproportionate time frame for children to be able to request their release for the first time, and to be able to reintegrate society, because, in order to request their eventual release, they are obliged to remain deprived of liberty for longer – namely, 20 years – than the time lived before the perpetration of the offense and the imposing of the punishment, taking into account that, in Argentina, individuals over 16 years of age and under 18 years of age can be charged under article 2 of Law 22,278 (supra para. 75, footnote 46). 297. The State argued that the situation of the incompatibility of the determination, execution and periodic review of the criminal sanction of juveniles was resolved with Law No. 26,061 on the Comprehensive Protection of Children and Adolescents. The Court observes that this law, adopted in 2005, that is, after the criminal sanctions that are the subject of this case were imposed, regulates, in general terms, the so-called “Comprehensive Protection System for the Rights of Children and Adolescents” and, thus, the “[p]olicies, plans, and programs for the protection of rights,” the “[a]dministrative and judicial bodies for the protection of rights,” the “[f]inancial resources,” the “[p]rocedures,” the “[m]easures of protection for rights,” and the “[m]easures of exceptional protection of rights,” according to its article 32. Although Law No. 26,061 refers, among other matters, to some aspects of the “rights of children and adolescents,” the “minimum procedural guarantees” and the “guarantees in judicial and administrative proceedings” (article 27), the aspects relating to the determination of criminal sanctions for children are governed by Law 22,278 and by the national Criminal Code, which are still in force in Argentina. 298. Based on the above, the Court concludes that the State failed to comply with the obligation contained in Article 2 of the American Convention, in relation to Articles 7(3) and 19 thereof, to the detriment of César Alberto Mendoza, Claudio David Núñez, Lucas Matías Mendoza, Ricardo David Videla Fernández and Saúl Cristian Roldán Cajal. B. Cassation B.1. Arguments of the Commission and pleadings of the parties 95