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They propose to increase penalties for criminals who victimize people over 65 years of age: alarming case statistics

Given the proliferation of cases of vicious robbery against elderly victims, a type of assault that has resulted in people being seriously beaten, mutilated or even murdered, PRO deputies sent a bill to Congress that seeks to modify the Penal Code and proposes aggravate by one third the sentences for crimes against people over 65 years of age.

In the arguments of the proposal, the sustained increase in violence in crimes against older adults. Also, it is one of the most vulnerable populations and unprotected against the criminal acts that occur daily “so require an aggravating circumstance and adequate reproach for those who commit said crimes.”

The modification proposed for the Penal Code would affect the sentences of crimes against people, sexual integrity, freedom and property. The age of the victims would be taken as an aggravating factor.

“This project seeks establish a special aggravating circumstance in the Penal Code, for any type of crime committed against people over 65 years of age, considering that they represent one of the most vulnerable and unprotected populations against the criminal acts that occur daily” argues the author of the legislative proposal, the deputy Gabriela Besana, from the PRO.

In itself, the rule implies a mere modification in the articles of the Penal Code. Specifically, article 41e, under Title V, which accounts for the causes to be taken into account to aggravate the prison time before crimes.

“When any of the crimes against people, sexual integrity, freedom and property provided for in Title I, III, V and VI of the Second Book of this code, committed against adults over 65 years of agethe penal scale provided for the crime in question will be increased by one third of the minimum and maximumwithout this being able to exceed the legal maximum of the type of penalty that corresponds”, they propose as a text for the articles.

Representative Gabriela Besana (PRO) promotes aggravating the penalties for those who commit crimes against older adults. Photo

Thus, the condition of “new generic aggravating circumstance” would occur when the offender acts conscious of the advantage he abusesthat is, that “it is committed against people over 65 years of age, where the author had knowledge or reasonably should know of their status as such.”

The project promoted by Besana received the support of the signatures of his block colleagues María Eugenia Vidal, Cristian Ritondo, Diego SantilliMaría Sotolano, Gabriel Felipe Chumpitaz and Verónica Gabriela Razzini.

Crimes against people over 65 years of age: the statistics that alarm

“Argentina has a high percentage of the population over 65 years of age; with the growth of this population group, some forms of violence against the people who make it up also deepened. The most visible and notorious is the number of crimes committed by criminals who choose older adults as favored victims due to probable weakness or a greater degree of helplessness that they possess,” says Besana in the foundations of his project.

As endorsement for the regulations, the signatory deputies provided disturbing statistics: they report that in the year 2022 in the Buenos Aires Metropolitan Area (AMBA) there were registered more than 14 thousand robberies from “elders”at an average of 40 episodes per day, according to surveys by the NGO “Defendamos Buenos Aires”

Along the same lines, they use as a source a report on Crimes, Insecurity and Violence, developed by the same entity, in which it was proven that insecurity is the worst of the scourges suffered in the AMBA by older adults, indicating that during the year 2023 there have been 10,200 attacks of all kinds, including 58 homicides.

Also, the project provides jurisprudence in laws of countries like Brazil, Costa Rica (“Comprehensive Law for the Elderly”), Ecuador (“Law of the Elder”), USA (“Older Americans Act”) and Mexico (“Law on the Rights of Older Adults”), among others.

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