La Derecha Diario Javier Milei's Government Achieved the Implementation of Trial in Absentia
The project received 45 votes from government supporters, dialogue advocates, and a part of Kirchnerism, which was divided again.
The Senate approved the bill establishing the implementation of trial in absentia, representing a new victory for the Government of Javier Milei within the framework of the extraordinary sessions, which conclude tomorrow.
During Thursday night, the initiative received the support of 45 senators, including officials and dialogue sectors of the opposition, while Kirchnerism was divided, with some endorsements and multiple rejections.
The text incorporates a new chapter into the Criminal Procedure Code, defining the scope of trial in absentia. It specifies that this mechanism will be applicable exclusively in cases investigating crimes committed within the national territory, those whose effects impact the country or spaces under its jurisdiction, and those perpetrated abroad by Argentine officials in the exercise of their functions.
Furthermore, the regulation is aimed at crimes against humanity within the framework of the "Rome Statute of the International Criminal Court (articles 6, 7, 8, and 8 bis), approved by law 25.390 and implemented by law 26.200".
It also covers crimes typified in the international instruments cited in article 2 of the Inter-American Convention against Terrorism, approved by law 26.023, whether they occurred in public or private spaces.
For a trial in absentia to proceed, certain criteria must be met regarding the accused, declared rebellious, in case that, with full knowledge of the process against them, they avoid appearing, do not respond to judicial summons, or evade the requirements of Justice.
Additionally, its application will be considered valid if reasonable attempts to ensure the defendant's appearance have been made without success.
Among the situations contemplated are: if more than four months have passed since the issuance of a national or international arrest warrant without the accused being located, or if an extradition request submitted by Argentina has been rejected or ignored within the established time, unless the Executive Power has allowed their prosecution in the requested country, as provided in article 64 of the International Criminal Cooperation Law (24.767).
Other cases
Another key aspect of the regulation is the possibility for the accused to appear before Justice at a later stage, retaining their right to be heard.
In this regard, if the accused appears after having been convicted in absentia, they will have a period of ten (10) days to request the conduct of a new trial, provided they can demonstrate that they were unaware of the process against them.
Furthermore, even if they were aware of the process, they may request the reopening of the trial if they justify that they could not attend the court summons due to a serious and legitimate impediment.
On the other hand, the legislation establishes the right of any person convicted in absentia to file a review appeal against the final sentence.
This appeal will be admissible when there are new facts or evidence that, by themselves or in conjunction with those already evaluated in the trial, allow showing that the crime did not occur, that the accused is not responsible, that their participation in the events was different from that determined in the conviction, that the case should be framed in a more favorable criminal figure, or that the imposed penalty lacks justification.
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