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MIL OSI Translation. Region: Spanish / Latin America / UN –

Source: Chamber of Deputies of Chile

With the participation of the Minister of Justice, Hernán Larraín, and the legal director of the portfolio, Sebastián Valenzuela, the Social Development Commission continued analyzing the project, the result of three consolidated motions, which seeks to give greater protection to the elderly ( bulletins 12759, 12522 and 11866).

The proposal considers various aspects in which older adults may be subject to scam or economic or economic abuse, ideas that the Executive valued and called to perfect in order to promote a better and more effective law.

“We value, fundamentally, those ideas of legislating. We recommend that they be approved. But we notice, to varying degrees, some technical inaccuracies in the legislative field. The Criminal Law is very demanding, very strict and we believe that it can be corrected and perfected because otherwise there are poor or incomplete criminal types or that lend themselves for improper application, ”he said.

However, the Secretary of State did not express a good opinion about the way in which the second initiative under discussion is addressed: the Comprehensive Statute against violence in children and adolescents (bulletin 12416).

“It is a good idea, the question is whether this issue is not somehow included in the bill that establishes guarantees for vulnerable children, guaranteeing their rights in all areas, including, obviously, nonviolence, so say it And the criminal type that he adds is a criminal type that is really very badly raised, ”he said.

He explained that, for example, in the case that some criminally sanctioned behaviors are committed, such as a violation of a minor, a minor penalty would be applied to the accomplice of said act as a result of this proposal. “It would benefit if this criminal type was applied and not the original that is now covered by our legislation,” he said.

Parliamentary reactions

Deputy Gabriel Boric, one of the promoters of the Statute for children and adolescents, said they are open to make the necessary adjustments, but refuted the option to ascribe the proposal to the Childhood Guarantees Law, which has presented a rugged processing, let alone not innovate in the matter.

“Regarding the criminalization of the crime, the indications are welcome. We believe that there is a legal good to be protected, which is the physical and physical integrity of children and adolescents, which is not sufficiently well protected in the Criminal Code and , therefore, it is possible to make modifications to improve it, but we are not available to simply withdraw the project and expect this to be resolved in Guarantees, ”he said.

He considered that the Government’s position is disappointing, especially when the Office of the Ombudsman expressed not only a favorable opinion on the proposal, but also made the point of the need for a project of this nature.

“In addition, we have had a fairly favorable reception in the Commission, so I think it will move forward. We put a date for the vote, at the beginning of November we will be voting in general and during this month we will present the indications to perfect it, ”he said.

In general terms, the Commission maintains a cross-sectional criterion open to legislate on the subject, although it is recognized, at least from the ruling party, the need to have adequate criminal advice to delineate the article, as the deputy stated

EDITOR’S NOTE: This article is a translation. Apologies should the grammar and / or sentence structure not be perfect.

MIL Translation OSI