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If approved, the This measure will exclude from the benefit those who are members of the Armed Forces and of Public Order and Security, as proposed in the eighth article of the project.
This Wednesday, five opposition senators presented a general pardon bill for all those who have been arrested, remain imprisoned or have been charged or sentenced in the framework of the social outbreak between October 7 and this day, adolescents included.
According to the Constitution, the discussion and processing of this matter of law corresponds only to the Senate. To approve it, a qualified quorum is required, except for terrorist crimes, in which case the quorum rises to 2/3 of the parliamentarians in office.
“According to the Public Ministry, about 5,000 people have been formalized by #EstallidoSocial. Almost 700 remain awaiting a resolution. Many cases are like the one Verónica narrates. Today we will present a bill to solve these families. #LibertadALxsPresxsPoliticos ”, Juan Ignacio Latorre (RD), one of the signers, wrote on his Twitter this Wednesday.
According to the Public Ministry, close to 5,000 people have been formalized by #SocialShopping. Almost 700 remain awaiting a resolution.
Many cases are like the one Verónica narrates. Today we will present a project. of law that provides a solution to these families #LibertadALxsPresxsPoliticos pic.twitter.com/KnlOQWMdJO– @LatorreJI (@LatorreJI) December 9, 2020
Meanwhile, from the senator’s team Alejandro Navarro, the other driver, affirmed that they will not rest until the measure is law and thanked the work done by family members, human rights groups, parliamentary teams and experts.
Today the project of General Pardon for the prisoners of the revolt entered the Senate. We appreciate the work achieved by family members, human rights groups, parliamentary teams and experts. We will not rest until it is LAW. #IndultoGeneralYA
Report: Navarro Team pic.twitter.com/0ThiF2Swd4– # TodoPorLaRegión (@equipoNavarro) December 9, 2020
The main idea of the initiative is that exceptionally, the extinction of criminal responsibility and remission of the penalty is decreed when appropriate “for the criminal acts that are listed in its first article and that have been committed within the period indicated so that they do not generate any responsibility, in a sense similar to the doctrinal effect attributed to an amnesty where the crime is forgiven, the penalty and its legal effects, a legally viable issue as the pardon has a legal hierarchy ”.
“This bill is based on a strict approach to the promotion and defense of Human Rights, in accordance with the norms and doctrine of international human rights law and the urgent search for a political solution, with a humanitarian sense, to the situation in which people, especially young people, have found themselves for more than a year, who have been charged with alleged crimes caused within the framework of social protests of the social outbreak, ”they expanded.
Thus, the sponsoring legislators stated that the idea entered into the Senate this day is based on the fact that the allegations of criminal acts “occurred in an abnormal framework of serious and massive human rights violations” and that most of the potentially benefited people will be young people who have violated their social and economic rights.
Next, know in detail the articles of this proposal:
Article 1
It is granted general pardon to all those who, as authors, accomplices or accessories, in any degree of development of the crime, have incurred or are accused of criminal acts consisting of the figures described in articles 121, 126, 261, 262, 268 sexies, 268 septies, 269, 391 in degree of frustrated, 474 to 481, 484, numbers 1, 6, 7 and 8 of article 485, 486 and 487, numbers 1, 4 and 21 of article 495, numbers 1 and 5 of article 496; and those that are included in the figures of 449 ter, 449 quater and the final paragraph of 450 of the Penal Code; in Decree 400, which establishes the Consolidated, Coordinated and Systematized Text of Law No. 17,798, on Arms Control, and its modifications; in articles 416 bis, 416 ter and 417 of the Code of Military Justice, those of Law No. 12,927 on State Security, whether or not they are subject to a formalized or de-formalized investigation, charged or sentenced, and if they meet the conditions established in articles 2 and 3 below in a copulative manner.
Likewise, The aforementioned general pardon will be granted to adolescents who have committed the aforementioned crimes in the preceding paragraph and are being investigated in accordance with Law No. 20,084 on Adolescent Criminal Responsibility.
Article 2
The beneficiaries of the general pardon shall be those who, complying with the other requirements of this law, have been charged or convicted of events that occurred between October 7 of 2019 until the day of the presentation of the bill that gives rise to this regulation.
Article 3
For the purposes of this law, the beneficiaries of the general pardon and other benefits of this law shall be the persons accused or convicted of events that occurred in protests, demonstrations or social mobilizations, or on the occasion of them. To prove the above circumstance, circumstantial evidence or any other means of evidence will suffice. Notwithstanding the general rules regarding appeals, the resolution rejecting the request will be appealable.
Article 4
In the case of those persons subject to any custodial or restrictive measure of liberty for the sole fact of requesting its review invoking the concurrence of the conditions of articles 1, 2 and 3 of this law, these will be revoked in each case until the judge of the case decides on the request.
Without prejudice to the general rules, the resolution that revokes the precautionary measures in accordance with the previous paragraph will be final.
Article 5
In the case of convicted persons who meet the requirements to be beneficiaries of this law it will correspond to the competent court that heard of the respective cause to pronounce on compliance with the conditions established in this law, ex officio or at the request of a party and after a hearing where the evidence required by article 3 will be known.
Article 6
Notwithstanding the provisions of article 93 No. 4 of the Penal Code, the persons benefited by this law may be charged or convicted of any of the crimes in article 1 and will not have the character of convicted for all legal purposes.
Article 7
The final subsection of article 14 D in Decree 400 that establishes the consolidated, coordinated and systematized text of Law No. 17,798 on Arms Control and the letters will not be included among the criminal types referred to in article 1 of this law. d) and e) of Article 6 of Law No. 12,927 on Internal State Security.
Article 8
Those who are members of the Armed Forces and of Public Order and Security shall not be included in the general pardon referred to in article 1 of this law., or officials of any of the agencies and powers of the State at the time of the commission of the facts.
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