The Argentine Supreme Court of Justice and the Equality before the Law in Crimes against Humanity
Mots-clés :
Human Rights, Interpretation, Sentence, Permanent Crime, Supreme CourtRésumé
The aim of this paper is to analyze a selection of arguments used by the Argentine Supreme Court to reduce the sentence of individuals convicted of crimes against humanity. The focus will be primarily centered on “Muiña´s case”, in which a lenient outdated ruling was made. The questions that this work will try to answer revolve around the court´s merit in issuing this lenient ruling to Muiña´s case and its justification. First, Muiña´s case is analyzed in depth. Then, a critical analysis about the ruling and a decision concerning the existence of a true justification will be developed. Finally, we will discuss the appropriateness of the Court’s decision in Muiña´s case as opposed to the decision made in “Batalla´s case”, in which a less beneficial law was applied retroactively
Publié-e
Versions
- 2023-12-07 (2)
- 2023-12-05 (1)
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(c) Tous droits réservés Latin American Journal of Human Rights 2023
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