The Minister of Justice, Antoliano Peralta, announced that the special commission of jurists appointed by the Executive Branch has ready the preliminary draft of the new Penal Code, which will be formally presented before the National Congress in the coming days.
The former legal consultant of the Executive Branch spoke in these terms when questioned about the request of the Institutionality and Justice Foundation (Finjus) to postpone the entry into force of the new code.
The former legal consultant to the Executive Branch maintained that Any extension of the legal vacation or extension must be channeled and formally requested before the National Congressbecause the Penal Code has the status of law and the Legislative Branch is the competent body to determine the terms of validity.
Regarding the possibility that the deadline for entry into force, scheduled for next August 3, may be modified, the minister indicated that he does not consider an extension unreasonable, although he clarified that he does not consider it to be something strictly essential either. “It doesn’t seem absurd to me that it should be extended, nor do I think it is essential”said Peralta, highlighting that both courses of action are part of a legitimate and democratic exercise.
Peralta said that, from the moment the law was promulgated, the Legal Consulting Office of the Executive Branch recognized that The Code was susceptible to receiving specific adjustments. However, he maintained that the proportion of positive and favorable norms for criminal activities was significantly greater than those aspects that required correction, which is why their approval was appropriate after years of institutional waiting.
To channel these improvements formally, a special technical commission, originally conceived from the Legal Consultancy, which is currently coordinated under the guidelines of the Ministry of Justice. According to the official, said commission is already submitting its corresponding reports to give way to the aforementioned preliminary project.
When asked about his strictly personal opinion regarding the ideal path for the criminal justice system, Peralta was in favor of not further delaying the implementation of the law.
The minister indicated that he prefers that the code come into force on the scheduled date and that the necessary adjustments be submitted subsequently or simultaneously through a reform bill. He explained that postponing the entry into force again could leave the same feeling of stagnation as in previous periods.
He did not rule out the possibility that, even before the August deadlinethe bill with the amendments agreed upon by the commission has already been formally deposited.
The Minister of Justice reiterated that the current debate and the different proposals being considered in public opinion remain within a normal, transparent and fully democratic legal framework, ensuring that the media will be summoned in due course to detail the specific aspects of the commission’s report.
