Judge Marta Pascual Defends Suspension of Juvenile Penal Regime in Buenos Aires

Judge Marta Pascual has suspended the application of the new Juvenile Penal Regime in the province of Buenos Aires for 60 days. The new law lowers the age of criminal responsibility from 16 to 14 years. While Judge Pascual stated she does not oppose the lowering of the age of imputability, she argued that the state lacks the necessary infrastructure and resources to implement the reform effectively. She emphasized the need for alternatives to imprisonment, such as restorative justice, to prevent recidivism and avoid turning prisons into schools for crime.

Pascual, who leads the Juvenile Criminal Responsibility Court No. 2 of Lomas de Zamora, denied having a political relationship with Governor Axel Kicillof and rejected labels associating her with Kirchnerism. She described herself as a guarantor of the Constitution. Amidst the controversy, she acknowledged that there have been requests for her removal and a call for impeachment.

Further scrutiny of the judge has emerged following a 2023 video from a University of Lanús talk. In the recording, Pascual discussed a case where she presided over the sentencing of a young man to 25 years in prison for the rape and murder of his newborn daughter. Despite the severity of the crime, she stated that she would not give such a high sentence today, arguing that prolonged incarceration is ineffective for young offenders. She noted that she typically issues the lightest sentences in the province because she believes in alternative measures over confinement.