Draft bill 99.

Summary.

The draft bill states its aims as ensuring effective judicial protection for victims and survivors of offenses against sexual freedom and integrity and violence against women, safeguarding their rights during proceedings, and identifying offenses excluded from alternative sentencing measures. It declares its provisions to be matters of public order and social interest, binding on everyone within the national territory.

It amends Article 65 of the Criminal Code (Código Penal). Community service could be imposed on a person sentenced to, or serving, a prison term not exceeding five years; in the latter case, approval from the Prison Technical Board (Junta Técnica Penitenciaria) would be required. The measure requires the beneficiary’s written consent, confines the work to public health or educational institutions or calamity situations, and credits one day of imprisonment for every five days worked. It excludes people sentenced for offenses against sexual freedom and integrity or listed in the National Official Sex Offender Registry (Sistema Nacional de Registro Oficial de Ofensores Sexuales).

Under Article 99, suspension of sentence execution remains conditional on the sentenced person being a first offender, having complied with the duty to appear in the proceedings, and undertaking or fulfilling any civil liability imposed. The bill excludes people sentenced for sexual offenses, domestic violence, psychological violence, or violence against women, and those listed in the registry. Article 102 permits certain short sentences to be replaced with weekend detention, day-fines, community service, or public or private reprimand, according to the sentence imposed, while excluding those same people. It defines a first offender as someone who has not been sanctioned or sentenced by a competent judicial authority within the last ten years.

Article 104 requires, for supervised release, no sanction for an intentional offense in the five years before the act leading to conviction, lawful means of support or studies, and adequate rehabilitation. Its exclusions also cover femicide and attempted femicide. Article 108 provides for home confinement based on age, pregnancy or recent childbirth, serious illness, or disability; illness and disability require a medico-legal assessment. It excludes the enumerated offenses, including crimes against humanity and enforced disappearance. Article 113 governs conditional release after two thirds of the sentence have been served, its grant by resolution of the Executive Branch (Órgano Ejecutivo), and the beneficiary’s obligations until the sentence expires. It excludes the specified offenses and people listed in the registry. The bill identifies the six amended articles and provides for commencement upon promulgation.

The provisions concern the Executive Branch, the Prison Technical Board, the National Official Sex Offender Registry, courts, and public health and educational institutions. They could affect or interest victims and survivors, sentenced people, prison services, and legal professionals.