Argentina Lowers Criminal Age to 14 as New Law Takes Effect
Argentina · Justice
Argentina’s new juvenile justice law took effect on September 5, 2026. It lowers the age of criminal responsibility from 16 to 14.
Key Facts
- What happened:Law 27.801 took effect on September 5, 2026, lowering the criminal age to 14.
- How big:The law covers adolescents from 14 until just before they turn 18.
- The catch:The law applies to any offense, with no minimum gravity threshold.
- Who it hits:Teenagers aged 14 to 17 can now face custodial sentences up to 15 years.
- What comes next:Children under 14 remain not criminally responsible, but get judicial supervision.
Argentina’s new juvenile justice law took effect on September 5, 2026, lowering the criminal age from 16 to 14. The reform, known as Law 27.801, applies to adolescents from 14 until just before they turn 18.
New Law Takes Effect
Argentina’s new juvenile justice law took effect on September 5, 2026. Law 27.801 lowers the age of criminal responsibility from 16 to 14 years.
The law was published in the Official Gazette on March 9, 2026. It entered into force after a 180-day transition period.
What the Law Covers
The new regime applies to any offense in the Penal Code or special criminal laws. There is no minimum gravity threshold.
Adolescents aged 14 to 17 can be processed, tried, and convicted for these offenses. Custodial sentences can reach up to 15 years.
Who Supported the Reform
President Javier Milei’s government promoted the reform. Security Minister Patricia Bullrich celebrated its entry into force.
Bullrich said, ‘Se terminó la impunidad’ (The impunity is over), as reported by Diario Río Negro.
Who Opposed the Law
Child-rights advocates and professionals criticized the law as regressive and repressive. They warned it ‘retrocedes decades’ in academic and community discussions.
The criticism was reported by Resumen Latinoamericano on September 5, 2026.
Congressional Approval
The Chamber of Deputies passed the bill with 149 votes in favor and 100 against. The Senate gave final approval on February 27, 2026, with 44 votes in favor and 27 against.
The law replaces the previous juvenile regime, Law 22.278, which had been in force since 1980.
Under 14s and Judicial Supervision
Adolescents under 14 remain not criminally responsible. However, the law introduces a Judicial Supervisor figure.
This supervisor oversees socio-educational follow-up and coordinates with child and family services.
International Recommendations
UNICEF Argentina and other UN bodies had recommended a minimum age of at least 14. They also urged that all adolescents be tried in specialized systems.
These recommendations were cited indirectly in pre-reform debates, as reported by Aire de Santa Fe.
Separate Pension Rule
In a separate matter, pension payments can be suspended for beneficiaries who fail proof-of-life checks. This applies to pensioners abroad, with deadlines in 2026.
The Social Security administration may suspend payments until eligibility is proven. This does not mean permanent loss of the pension.
How It Passed, and What It Allows
The Chamber of Deputies approved it 149 to 100 in February, and the Senate 44 to 27 with one abstention. The law was published in March and took effect on 5 September.
The maximum sentence is 15 years. Sentences under three years can be served outside custody, and holding minors in adult facilities is prohibited.
The Argument For and Against
Security Minister Patricia Bullrich welcomed the change, saying impunity was over. Critics including Sérgio Berni called the age threshold arbitrary.
UNICEF Argentina urged lawmakers not to go below 16. It cited incomplete adolescent development and guidance from the United Nations Committee on the Rights of the Child.
Frequently Asked Questions
What is the new criminal age in Argentina?
The new criminal age is 14 years old. It took effect on September 5, 2026, under Law 27.801.
Who does the new juvenile law cover?
It covers adolescents from age 14 until just before they turn 18. They can be tried for any offense in the Penal Code.
What penalties can adolescents face?
Custodial sentences can be up to 15 years. The exact penalty depends on the offense.
What happens to children under 14?
They remain not criminally responsible. But a Judicial Supervisor will oversee their socio-educational follow-up.
Sources: El Cronista; La Nación; Diario Río Negro; Aire de Santa Fe; Resumen Latinoamericano; Filo News; Usina de Justicia; MSN Finanzas.
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