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 […] 228 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). 54

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