At a press conference following the Council of Ministers, the approval of the chemical castration proposal by the Executive. Draft legislation will be sent for discussion and approval by the Congress of the Republic. On this, the Minister of Justice, Felix Chero, clarified that this is an “accessory penalty” for crimes of violation of sexual freedom.
With this, the minister explained that it will not be considered for crimes, such as those detailed in the articles on violation of sexual freedom of minors, and 173-A of the Criminal Code. This means that it would apply to persons not sentenced to life imprisonment.
According to Chero, the justification for providing that this measure should be applied in crimes of this type of 'violation of sexual freedom' because the Government considers that persons with certain penalties could leave the prison and there is a possibility that they will recommit crimes. He also explained that it will be applied once the initial sentence has been served.
“This accessory penalty shall be applied once the main sentence is served. That is, if a convicted person for violation of sexual freedom is sentenced to 15 years, after reaching the age of 15, the accessory penalty of chemical castration is applied”, he specified.
The head of the Justice portfolio specified that the presentation of the chemical castration project was based on the background of countries in Europe, the United States and Latin America, such as Colombia and Argentina, where it would have been established that this accessory penalty is functional.
On the other hand, it noted that the Government has also proposed amending article 368 of the Penal Code, to establish that anyone who does not submit to this measure “automatically” will be committing the crime of disobedience and resistance to authority.
It should be emphasized that the announcement of approval of the measure by the Council of Ministers does not mean that it will already be implemented or that it is retroactive for prisoners who are currently convicted for this crime.
On this, Félix Chero noted that a commission that regulates chemical castration, in case Congress approves it, has been arranged for a commission to regulate chemical castration. This delegation will assess whether the measure should be applied to those who are already convicted and are serving custodial sentences.
“It is subject to evaluation if it is relevant as part of medical treatment as an accessory penalty, let us not forget that 178-A of the Penal Code establish that all those convicted of crimes of sexual freedom are subjected to therapeutic treatment. So, we are going to evaluate the relevance of what treatment corresponds to this type of convicted person,” he said.
This Thursday, April 21, the bill on chemical castration should be delivered to the Congress of the Republic, so that it can later be sent to the Justice Commission or to the Constitution Commission to give it a constitutional framework.
The minister said that he expects the Legislative to provide for the approval of the rule, “obviously after a heightened and technical debate.”
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