New youth criminal regime takes effect, lowers age of responsibility to 14

The government of Javier Milei issued a decree on Monday formally regulating Argentina’s new Youth Criminal Regime, which lowers the threshold for criminal responsibility from 16 to 14 years of age. Decree 875/2026, published in the Official Gazette, sets out how the system will operate and establishes mechanisms for the supervision of the minors and coordination between government agencies. The Youth Criminal Regime, which formally took effect on September 5, replaces the framework in force since 1980. Adolescents aged 14 to 17 can now be prosecuted and, depending on the offense, sentenced for crimes established in the Criminal Code. However, they will remain subject to a special criminal justice system separate from the adult one. The reform was initially proposed in June 2024 by then Security Minister Patricia Bullrich and Justice Minister Mariano Cúneo Libarona. It was sanctioned by Congress in February 2026, when the Senate gave final approval to the bill, which became Law 27.801. What changes The main change is that 14- and 15-year-olds can now face criminal proceedings and convictions. Previously, people under 16 could not receive a criminal sentence, although judges could order their detention in juvenile institutions until they turned 18. While the reform brings younger adolescents into the criminal justice system, it also sets limits on imprisonment and emphasizes alternative sanctions and rehabilitation. For offenses carrying sentences of up to three years, the new law requires alternative sanctions rather than imprisonment. These can include a formal reprimand, educational programs, community work, restrictions on contact with victims and electronic monitoring. When offenses carry sentences of more than three and up to 10 years, courts can also replace prison with alternative measures under specific conditions. For the most serious crimes, adolescents can receive prison sentences, but the regime sets a maximum of 15 years and prohibits life imprisonment. Conditional release may be considered after two-thirds of the sentence has been served, provided the requirements established by law are met. A separate juvenile system When detention is ordered, the system provides for three possible arrangements: house arrest, an open institution or a specialized detention facility. Adolescents may not be held together with adults. The law establishes a system focused on education, rehabilitation and social reintegration. Congress allocated 23.7 billion pesos (close to US$15.7 million) for implementation. New regulations create the position of specialized supervisor, who is responsible for monitoring and assisting adolescents during judicial proceedings. Supervisors must have academic training in areas including education, child and adolescent pedagogy, psychology, addiction studies or social work. The regulations also establish an Interministerial Committee involving the ministries of Justice, National Security, Human Capital and Health. A Federal Forum will bring together national authorities, the provinces and the Autonomous City of Buenos Aires to coordinate technical and procedural criteria and promote cooperation. However, the reform has raised questions about the capacity of the judicial system to handle the additional cases. Some juvenile courts expect a significant increase in caseloads and have expressed doubts about whether there will be enough personnel, infrastructure and resources to implement the system nationwide. There are also questions about the availability of electronic monitoring devices, the appointment of specialized supervisors and coordination between the national regime and provincial procedural systems.