Marcelo romero
07/28/2021 22:00
Clarín.com
Opinion
Updated 07/28/2021 10:00 PM
The ideological pendulism that characterizes Argentine institutional life is extremely pernicious in terms of criminal policy. During the last thirty years,
the State's penal system has been erratic and unbalanced.
The universal symbol of Justice - the two-plate balance - could in no way represent the Argentine punitive apparatus, unless it was in a continuous and crazy up and down movement.
From the
"strong hand", "zero tolerance" and "putting a bullet at criminals"
, to "the criminal is a victim of the capitalist system that excluded him."
These uncontrolled variations are manifested in legislation, doctrine and jurisprudence.
In official speeches.
In the study plans of law schools, postgraduate institutes, in the evaluations of the Judicial Councils.
In the training of police, prison and federal security forces.
The result?
The pandemonium
.
The crime is not "on the right" or "on the left";
He is not Kirchnerist, nor is he from Cambiemos.
It is neither from above nor from below.
It is a crime.
As simple as that.
The suffering of the victims does not know political colors or ideologies.
It is deep pain and, in many cases, perpetual.
Nothing that is expressed here is a novelty, much less an originality.
However, criminal politics meanders to the beat of opinion polls, image polls and social media studies.
It adapts to the ideological fashions imposed by the pseudo-intelligentsia of the moment.
Meanwhile, the criminals toast with champagne.
A paradigm shift is imperative - at least - in criminal policy.
Criminal law is punitivism, not abolitionism.
The penalties are sanctions, not caresses the soul.
The prisons are establishment for the fulfillment of the judicial sentences, not centers of vacations.
The police exercise the public force of the State;
they are not boy-scouts.
The criminal commits the crime and the victim suffers it.
Judicial operators must constantly improve ourselves to try to stay one step ahead of crime and criminal.
And not keep busy applying the doctrine of fashion or the "politically correct" position for rulers and would-be rulers.
The criminal postulates and the State policies that receive them must be serious and maintained over time, regardless of the political colors that temporarily occupy the official offices.
Elementary?
Obvious? Well, in the Argentine Republic, even the obvious is discussed.