Proposals to end the insecurity in the Province of Buenos Aires

PROPOSALS TO END INSECURITY IN THE PROVINCE OF BUENOS AIRES

SECURITY – JUSTICE – LIVING PLACE

previous clarifications: After studying the problematic since 2001 I consider it possible to end insecurity in the Province of Buenos Aires , It is therefore essential that this objective is a State policy . In this regard, I observed a compromentido in the fight against corruption and organized crime is undoubtedly a fundamental pillar government to implement this project that I share acontinuación. I thank the maas of 200000 people who bothered to read it and criticize it.

 

Index
Introduction
I_ Current Situation
II_ dark figure of crime
III_Soluciones Proposals
IV_ Fugitives and prison capacity
V Pre-trial detention and convicted
Vi_ policies crime prevention.
VII_ social Repair. School manufactures housing. Fabrica prisons

Points to develop:

  • Solutions to increased crime
  • Refoma justice - procedural celerity
  • Research - judicial police
  • social reintegration - serving sentence
  • Compulsory Labor - School Fabrica - House Fabrica houses
  • Reinciencia - indefinitely in prison for serious crimes
  • new police – displacement of crime

 

 

Introduction

Since 2001 I have been studying the problem of insecurity in Argentina. But beyond a national issue I stopped at a specific analysis of the security situation and housing in the Province of Buenos Aires, so large and densely populated regions of the country as a whole or entire countries like Uruguay, Paraguay, Ecuador, Chile, Bolivia to name geographic examples.

During the period 2003-2015 I have asked a dozen audiences who ruled the province in those years, the effects explain the situation and not just bring a complaint to the provincial executive but bring proposals and solutions.

Unfortunately the silence was the star of those years as victims of impunity grew, leaving me feeling by the then head of the provincial executive had a clear lack of interest in solving the problem.

Beyond what happened, I developed my own opinion on the issue of system, victims and their recommendations based on public policies to address them as well as proposals and definitive housing solutions.

These few lines are an analysis of a larger comprehensive project aimed at definitively solve the problem of insecurity, justice and housing in the province, boosting employment and education. That is why the above proposal should be covered by the ministries of Justice, Security, Social development, Infrastructure, Job, Education and Economics.

 

The province of Buenos Aires has almost the same judicial structure 1980 with a resounding growth of crime in the past three decade where "public security" was not considered a matter of state . The number of refugees , causes prescribing , underreported crime and poor prison service and patronage of released resocialization make the offender fails in large percentages . This causes the outputs before completion of sentence or even full compliance entire state restore individuals to society with a high degree of probability of relapse into crime.

This opinion is premised on the following: "No solution to insecurity in the province of Buenos Aires without a comprehensive reform of justice, the prison system and the board of trustees released

  1. Chapter I _ The current situation

The word impunity can be defined as lack of punishment, lack of justice or lack of effective law concerning acts or omissions.

Construction of impunity may be voluntary or involuntary through corrupt practices related to negligence, lack of resources or structures to carry out a research development.

The growth of population density in the Province of Buenos Aires, especially in the first urban cord, It is an essential factual element to consider when designing a strategic legal framework for print speed, efficiency and adequate social reintegration policy to combat not only the original crime but recidivism, one of the most difficult treatment issues.

 

Currently the 19 judicial departments are active in the territory of the province (2 in adaptation) They are overwhelmed with the population growth / average crime rate. To the same extent that the tax must emphasize research units -responsible instruction and supervised by the courts of guarantees- refer a bottleneck in the treatment of the number of cases arriving daily. That is continue with a court structure makes 30 years for a criminal population rising , more violent and codeless in large measures by the use of drugs to commit unlawful.

The problems of lack of resources to investigate all reported cases made from and prioritize the most serious cases as crimes against sexual integrity, abductions, killings, sale of narcotics, armed robbery among others, doing their officials a major effort to make progress in all investigations.

According to the report of the Public Ministry of the Province of Buenos Aires during the year 2015 in criminal and correctional courts they were initiated 719.728 preparatory criminal investigations of which in 29.110 authors received imputation. Referring to the judicial departments of La Matanza and San Martin, possess the 28 % of the crimes under investigation across the province. But if we add to the departments of Quilmes, San Isidro , Hummock , La Plata and Lomas de Zamora (17,2% of crimes throughout the province) bonaerense--all of conurbation, note that the 69,5 % preparatory criminal investigations executed during the year 2015 They were initiated in these 5 judicial departments.[1]

In the same sense we can see that during 2015 They were initiated 26798 research in the jurisdiction of juvenile criminal responsibility throughout the province of Buenos Aires corresponding to the 49.4% causes the aforementioned judicial departments conurbano. In 2016 crimes "denounced" were 746952 .

Statements in judicial departments live about 9.000.000 habitants, It is the largest urban conglomerate in the country and the region.

Source: www.mpba.gov.ar

 

Worth noting that in the aforementioned judicial departments inhabit the most vulnerable sectors of the province doing this vulnerable dark figure increase or crimes not reported to the authorities, because unfortunately and as discussed below, the figure over the "no complaint" is composed of the most vulnerable sectors of the population, That is why it is recommended to implement sufficient measures to accompany these sectors in the process of reporting and investigation for the purpose of reducing the facts "unreported" .

 

According to unofficial reports it estimated that the number of unreported crimes may increase by 30% official statistics.

While we are far from the figures of countries where the crime rate is considerably higher, such as Mexico where 94 each 100 crimes go unreported, the situation in the Province of Buenos Aires, which has been increasing in recent 20 years no longer a determining factor to consider in the fight against crime factor. That is public safety has not been a state policy for those who ruled the province of Buenos Aires in the past. The reality is that have left a province with more than 700000 crimes average year and over 30.000 homeless con un sistema judicial desfinanciado, in the same way the Parole Board and the prison service.

In the aforementioned Central American country where the INEGI (National Institute of Statistic and Geography) revealed in the National Survey of Victimization and Perception of crime conducted throughout the Mexican territory in the country the figure is black 93.7 % and referring to the offenses known, the 6.3%, and only 4.43 % reaches convictions.23

We should also note that, In Argentina 52 % of crimes committed in the country during the 2015 belonging to the province of Buenos Aires, ie according to official statistics of the Ministry of Justice and Human Rights Office in that period were set up throughout the country 1.545.375 crimes according to the report prepared by the Secretary of Criminal Policy of the Ministry.4

Source: www.mpba.gov.ar

 

  1. II) dark figure of crime

Typology of unreported crime :

Some of the following criminal types in which the population omitted to file the complaint in question are as follows:

  • simple threats
  • coercive threats
  • Injury
  • Fight

 

2

http://www.milenio.com/politica/delitos_no_se_castigan

impunidad_de_Mexicoimpunidad_en_mexicthedelitos_impunes_0_676732475.htmthe

3

http://www.milenio.com/policia/mexicanos_no_denuncian_delitthes encuesta_victimizacionpercepcion_seguridadmilenio_0_818918311.htmthe

 

4 http://www.jus.gob.ar/media/3202706/Detenidos por Homicidios Dolosos.pdf

 

  • Unarmed robbery is not registrable real or personal documents
  • Armed robbery not registrable goods or personal documents
  • Extorsión
  • sexual offenses
  • abductions / Express kidnappings
  • Deprivations of liberty
  • Theft / outburst not registrable real or personal documents
  • Knowledge other crimes without direct victim
  • Crimes where the perpetrator is a family member, insider neighbor
  • or configured computer crimes via internet

 

(nationally the 39 % of crimes they have been mislabeled theft / injury and only 3,8% He has been convicted)

 

 

Why people do not report certain crimes

There are several factors which the victim decides not to file the complaint.

Such behavior may be completely different and although the low-income sectors are most affected by the black figure, the problem extends to all sectors of society.

The prominent Chilean jurist Daniel Quinteros in his report to the Secretary for Crime Prevention believes that "The educational level attained by the victims also seems to be a factor that discriminates between the complaint and non-complaint, since those who only reached half or basic education and lower, They have no complaint levels 76,5% and 72,2%, while those who reached university education or post, They have lower levels of black figure to 69%. This certainly has a correlation with socioeconomic status of victims”, that assessment is my view what is happening in our country having a large projection in the province of Buenos Aires highlighting growth from the year 2001.[2]

As I understand the complaint or not commonly mentioned as dark figure of crime is one of the great dilemmas to solve, because it is unreported crimes and not give intervention to the judiciary is a sure path to impunity.

While there are no official statistics to establish the dark figure of crime and other crimes investigated and reported it is necessary to determine the problem and the factors of non-complaint then arbitrate from state powers corresponding tools to reduce and eliminate non placing complaint in the corresponding frame investigative.

 

To my understanding the causes of non-reporting are as follows:

  1. Fear of reprisals by the author

 

In many cases the victim of a crime (where it did not intervene ex officio judicial or police authority) the potential fear of reprisals author represented to his person and / or their relatives. The main situation in these cases is when the author is known to the victim or has knowledge -for prior intelligence- their movements. The theme to suffer a felony causes the victim to retract and skip filing the complaint.

  1. Disbelief in the process of justice

Criminal proceedings in the province of Buenos Aires can not only be extended in time considerably but the more than seven instances in which can move a person accused or defendant causes serious crimes except, such as murder or sexual offenses, spend most free joining process that situation to the assumptions referred to in point). Added to that the low rate of convictions in relation to allegations (always on misdemeanors) disbelief increases the complainant regarding the courts resolve a conflict arisen in the past.

Loss of time required by the process and the possibility that the offender take greater retaliation in many cases leads to the victim not to report.

  1. Distrust of police authority or inability to file the complaint

In many cases the mechanisms for filing complaints at police headquarters make the victim feel victimario. Lack of humanization, containment and understanding makers reported record the complaint created in the victim convivencial hypothesis where the complainant information can be transmitted to the offender voluntarily or involuntarily, but anyway the victim without sufficient guarantees for the protection of their physical integrity and fear that the information is filtered, in some cases it chooses not to report illegal.

  1. Lack of knowledge of the complaint procedure

There are many crimes as those configured through Internet, among which are, above 48 crimes of our criminal law, where the victim is not aware of the complaint procedure nor have many police stations.

Police stations in the province of Buenos Aires are jammed working in prevention and management issues which slow down and hinder making complaints and immediate action to produce proof - which in many cases requires inmediatez-. It is therefore, as discussed in "proposed solutions", that complaints are made directly on the respective prosecution, who must have permanent shifts for receiving complaints and thus decompressing the police officers who must have an essential role in crime prevention.

At this point we should note that the lack of legal representation or express request to urge prosecution as plaintiffs as well as requesting the production of certain tests researchers makes people with low income who dare to file complaints see in disadvantage since for economic reasons are unable to hire a private attorney as a prosecutor.

  1. Dismissed by choice of the seriousness of the case

 

As already stated in previous points in many cases the victim suffered damage represents and compares it to the traumatic passage through a criminal process where the waste of time and low possibility of identifying the author and his subsequent conviction, It leads to the common expression "that I will make a report if all nothing happens".

Self-will leads to thicken the blacklist of unreported crime.

 

 

 

 

 

 

 

 

 

 

 

III. Chapter II. proposed solutions:

As explained in the previous chapter it is essential to implement a synthesis containing a comprehensive approach to the problem of crime in the province of Buenos Aires, ie measures should not be isolated, but do not leave loose ends in the prevention process, prosecution, resocialization of the offender and their insertion into society without this means a danger. That is why the security-justice-housing axis leads to a strategic inclusive policy that even transcends the frontiers of insecurity and justice issues including specifically social development, job, infrastructure, economy and education.

While it is noteworthy efforts and excellent work being done by the security minister in the prevention and fight against crime, the deterrent effects of the offender or the effectiveness achieved in the apprehension of them – many of them in flagrante delicto - makes the problem immediately pass to the second phase: direct judicial body.

Direct judicial body called to the stage where research advances on possible perpetrators or already have imputed certain.

The proposed solutions are divided into three parts: the first relating to the speed and efficiency of justice, the second aimed at reducing the number of unreported crimes and the third is geared towards strategic social reintegration of the offender under the criterion that an offender not resocializado in spirit and conviction is a danger to society.

 

New structure of justice:

The current problem is related to the slow pace of justice for lack of resources for research, lack of qualified professional staff and a host of causes in certain judicial departments.

That is why it is essential to initiate a comprehensive judicial reform that allows celerity in the investigative stage and face trial.

As we will see one of the fundamental issues of justice in the province of Buenos Aires is the centralization of elements for research.

While IFUs play an essential role in the judicial structure mainly in the research stage- quasi immediate coordination with courts often depends guarantees a successful test production. That is why these units should acquire more autonomy in cases where bureaucracy or miscommunication can put trial production at risk.

For these reasons the purpose of this proposal is oriented not only without violating the right of CENSA at trial and due process- to give celerity research and trial production but also to atomize instances of unnecessary prosecution that tend to delay the final judgment.

 

Investigational: UFI - Trial Judge - High Court of Guarantees - Supreme Court

Trial stage: First instance + Trial by jury - Court of Appeals - Supreme Court

Attorney First Instance – Fiscal of appeals

 

Stage sentence: Criminal Enforcement Judge - Court of Criminal Enforcement – Attorney Criminal Enforcement

 

Correctional:

Investigational:

UFI (Correctional special unit) - Trial Judge Correctional - Correctional Court of Appeals - Supreme Court -

Trial stage: First Instance Court - Correctional Court of Appeals - Supreme Court

The 1st Instance Tax Corrections - Corrections Fiscal Appeals - Supreme Court

Stage sentence: Correctional Judge Execution - Correctional Court of Criminal Enforcement.

 

UFI: Tax research units must have a special secretary of correctional and criminal matters. Also before the resounding increase in crimes that are configured through Internet (48 offenses) UFI is essential that each has a specialized "configured through Internet crimes" secretary, the effects with precision, specificity and speed that requires computer.

CABA successful process where the public prosecutor of the City created specialized in computer crimes in the country's first prosecution (extending it to three), infers the importance of research specialization is progressing according to the information revolution. But the reality is that the speed with which mutates the offense or the offender's modus operandi, both common criminals and organized crime, necessary that all tax research units have expertise in the area. That is why a specialized secretariat intends configurable crimes through computer means in each UFI of the Province of Buenos Aires.

 

 

Body of judicial investigations in the province of Buenos Aires (judicial police):

While the Judicial Buenos Aires Provincial Police is part of the judicial structure of the province it has had minimal relevance since its creation by different factors, but in reality this institute is essential in research.

That is why taking the foundations of this structure is necessary to propose the creation of a Judicial Investigation Body of the Province of Buenos Aires (CIJBA) with the same criteria used in the Autonomous City of Buenos Aires - the ICJ – which it is regarded as the body of professional and trained research in the region with excellent results in clearing up cases.

An elite highly trained and latest technology to take action in each investigation under the aegis of the Public Ministry of the Province is indispensable to advance research independence in the thousands of cases brought in the Province, thus achieving an important step in giving positive results of each investigation.

The CIJBA You must have representation in each judicial department and will be responsible for performing all actions in the stage of investigation ordered by the head of the respective UFI and obviously with the approval of the judge corresponding guarantees.

Said body shall have a computerized system and the operational capacity 24 hours and act independently of the police personnel who only have authorization for cases of flagrante delicto. HE CIJBA It will report directly to the Public Prosecutor of the Province of Buenos Aires as does the ICJ in the City of Buenos Aires.

Complaints Office: Each judicial department should have a complaints office composed of attorneys in criminal law who will perform for free with low-income victims for the purpose of urging the corresponding criminal action, assist them during the trial and set them up in complainants. That office shall be considered as an autonomous entity of the Public Ministry and the Public Defender.

The structure of justice must be direct and syntactical. Beyond the proposed creation of new Tax Research Units and new judicial departments in criminal matters should be shortened instances of prosecution in the sense that when implemented trial by jury popular power gives legitimacy to the first court in the judging process.

Thus we find the first instance trial or popular instance by incorporating a jury process and a second instance for the purpose of leaving open the corresponding appeals, setting the last provincial level, Provincial Supreme Court and the Supreme Court of Justice if the case is admitted.

In my view it is essential to perform the task in the corresponding instruction IFUs province. To this must be incorporated into its structure the figure of "fiscal coordinator judgment", which it is nothing more than a representative of the UFI who investigated the case for the purpose of collaborating on an ongoing basis with the prosecutor in the first trial.

Thus part of the process of judging a representative who lived in the investigation, essential to prevent further errors or omissions.

With regard to the proposed split chambers or courts which today would provide guarantees appeals and speed the process of investigating the crime as well as the judging because these are two very different parts of the criminal proceedings and specificity, the backlog of cases in the same chamber affects the process in limine. Similarly instances of correctional offenses.

 

The goal of a new structure is to provide speed and efficiency to criminal proceedings both research and judging. As well as integrated within said process the victim as part of it. It is achieved in this way wean the police procedures at the stage of investigation or preliminary hearing for these to be heading directly to the prevention of crime or act in flagrante delicto.

 

This system achieved a considerable increase in completed investigations, avoiding prescribing causes, loss of evidential elements or deficient measures -nulas evidence at trial- as it would be in charge of a specialized body, the CIJBA.

In the judicial framework decompress appeals processes as, divided into first and second instance, judged guarantee first and second, It urges judgments in the steps of. In the same way, correctional cameras to be created.

 

 

Second part: How to reduce unofficial crime rate or crime unreported:
Restore confidence in the institution is a key point in any individual-state, that confidence allows you to share the depths of the individual causing him to lose the fear of not reporting a fact which has been a victim, also when they witness or have knowledge of criminal acts, question would be immensely collaborative research.

Change the concept of justice in the province of Buenos Aires after decades in which the state tried to allegations, further, as a complication or a hindrance that only serves to accumulate causes bound to file, It is not an easy task.

No doubt when the state is on the side of people making a common front against crime recover public confidence in the system and that fuels the hypothesis that recovery or descreimiento broken relationship between the state, the people and justice itself as a state power.

The aim of the powers of the state is that the people trust them, although it is not easy after decades where unfortunately distrust of the system has been a reality. For it is clear that the term referred to distrust is not bad officials, which may be only a minority- but the system inevitably requires an upgrade and modernization in accordance with the times.

The goal of the state is to prime the concept of justice and for this demonstration of confidence is a strategic issue to apply. You must cease to be popular the phrase "that I report if all nothing happens", "If I report then come and kill me", "They enter through one door and out the other" or "I better not get involved to see if they do something to me". This is the thinking instilled in most of society who ruled the province of Buenos Aires for decades, who left underfunded justice, outdated and with an almost equal structure which had 20 years ago without taking into account changes in recent decades.

But these estraticos changes could not even think or proposed no confidence in the provincial government and today people trust in government and the Lady Governor, It is demonstrating every step working strongly for each of the inhabitants of the Province.

The complaint:

Provide people access to the filing of the complaint in containment sites and support - especially in low-income sectors - is the specific factors for the victim not feel alone, It appears from the fears that lead to failure to report and thus can activate the mechanism of justice. The place, the middle, when and as the victim is treated or received by the powers of state plays main ally in the fight against impunity.

This process can syndicate as "humanization process of the complaint"It must be developed from preventive level through prevention policies, information and training of society, the process of reporting and monitoring of the cause for the case required that the victim be assisted by a lawyer "free complaints offices”.

This reporting process must be part of Public Prosecutions and even each fiscal research unit directly, ie must have specialized to take the report and even initiate immediate actions substantiating the respective authorization of the investigating judge staff.

Thus, the complaint hotline continues within the judiciary and the police officer not interrupted its function acts concerning justice to only engage the area of ​​prevention and flagrancia.

For the above, to my mind that the victim becomes aware that who will take the complaint in question it is dedicated and specialized for that purpose, not only gains in confidence, but in a "special area and container".

En resumidas cuentas, the complaint process must integrate the following items:

  • Training programs. awareness and information on the procedure of how to file a complaint.
  • online procedures for filing an anonymous complaint. URL providing criminal content data for the purpose of collaborating with the authorities ".
  • Notification of the status of cases during the process.
  • Mobile app used as a panic button for victims of crime. This app must be connected directly and prepared to act immediately by the device geolocation.
  • Creation of a force or special division (outside the area of ​​prevention of provincial police) for victim assistance.

 

The judicial process:

Para the victim is essential to refute the popular principle of "slow justice" or "the lack of positive results of a process" therefore feel supported and informed on the progress of the case as we mentioned in the previous points, revitalizes the spirit of confidence in reporting a crime as well as inform or report information of a crime which is not victim.

Thus, without delving into details all comes down to making the victim feel she is not alone, That's why both the reporting process and the legal aid office complainants elemental form part of the new spirit of justice.

En resumidas cuentas, in the fight against impunity and seeking justice, society has an elementary task to reduce the black figure or no complaint, through a joint way between state powers and information it can bring society as a whole. When tuning of all stakeholders is strengthened, the way of the fight against impunity is entirely possible for both the fight against crime can be won.

Citizens are a great contribution to this struggle and engage or collaborate is a strategic tool in the fight against crime.

 

Judicial departments:

Currently the judicial structure of the province has 20 judicial departments in operation. As we discussed in the first chapter 69,4% of crimes in the province of Buenos Aires they have been committed only in the territory of 7 judicial departments : At payment , The slaughter, San Isidro, San Martin, Quilmes , Lomas de Zamora (Avellaneda- Lanus started late 2017) and Moron .

Also worth noting that the 49.4 % concerning juvenile criminal jurisdiction, which we will be discussed later.

Accordingly we must deepen the problem in two ways in the field of population density and / or crimes per capita and territorial expansion. Although I consider a breakthrough the sanction by the Provincial Legislature Act 14901 the 21/12/16, I consider it essential to begin to address the problems in the aforementioned judicial departments representing assets 70% of the crimes of the Province of Buenos Aires.

As specified by the law 14484 that elevates 21 judicial departments In my opinion it is essential for the creation of even more judicial departments with appointment of new judges and contest done , initiating as soon as possible functions of the criminal courts.

In the same sense as the Public Prosecutor. The Act (2012) It has had virtually no implementation (since not all departments were created or appointed judges needed to cover the need.), just the 21/12/16 Progress was made in the highest crime rate in the province with the creation of the judicial department Avellaneda-Lanus.

Structure according to population density:

The creation of the following judicial departments in criminal matters and their respective tax research units are essential to advance the fight against impunity in the province of Buenos Aires:

  1. Avellaneda
  2. Esteban Echeverría- Ezeiza
  3. Lanus
  4. Almirante Brown
  5. Lomas de Zamora (only for the territory of their municipality)
  6. The slaughter 1 (Lomas del Mirador, Ramos Mejía, La Tablada, Villa Madero,

Aldo Bonzi and Tapiales, San Justo and Villa Luzuriaga)

  1. The slaughter 2 (Isidro Casanova, Rafael Castillo, Laferrere, Gonzalez Catan)
  2. The slaughter 3: Virrey del Pino and 20 of July
  3. Merlo (Merlo + Ituzaingó)
  4. Hummock (Hurlingham and Morón)
  5. Quilmes (Quilmes territory)
  6. Berazategui
  7. Florencio Varela
  8. San Martin (San Martin town)
  9. Tres de Febrero (territory 3 February)
  10. José C Paz (José C Paz territory)
  11. San Miguel (San Miguel and Malvinas Argentinas)
  12. San Isidro (San Isidro, Béccar, acassuso, Martinez and Vicente López)
  13. Boulogne (Boulogne, Villa Adelina and San Fernando)
  14. Tiger (Tiger territory)
  15. Pilar (Pilar territory)
  16. Merlo (Merlo territory)
  17. Zarate-Campana (Like today)
  18. At payment (same today)
  19. Moreno – General Rodriguez

Structure according to geographical area:

As mentioned in the previous points the 70% of investigations initiated configured crimes represent only 7 judicial departments of Buenos Aires and La Plata :

San Isidro, The slaughter, Quilmes, Lomas de Zamora, Moron , San Martin and La Plata

It is therefore essential to transform them into 33 new judicial departments with their respective structures ( like the IFUs) there are judicial departments with lower population density but with an area of ​​great magnitude which is why, While the specific problems of the fight against crime and organized crime is on the first, second and third cord conurbano, is necessary to emphasize that to deepen the excellence of justice is recommended to pay specific attention to the extent of some judicial departments expressed in the following special division :

26. Puan: Puan, Villegas and Patagones (detachment depto. B White

27.General Pueyrredón -including Mar del Plata

28.Dolores

29.White Bay

30. St nicolas

31.Parchment

32.Necochea

33.Junin

 

It is estimated that the new judicial departments will be required between employees and new judges 5250 designations and contests only in the criminal courts and charges to be covered in the new IFUs, criminal courts and chambers execution, Court of Appeals and guarantees , Courts guarantees, courts in the first instance, personnel file, Table entries , department and notifications , and encryption department records and protection of evidence.

 

Specificity in the area of ​​justice administration:

 

To provide greater service of justice is important to create security cameras and cameras criminal enforcement. On this last point for the protection of citizens it is essential that the figure of "fiscal criminal enforcement" is believed

 

The prosecutor of criminal enforcement will have the control function and appeal to the criminal chamber of choice of criminals and / or measures taken by criminal execution judges on freedom of detainees. Namely, if in the first instance (today only instance) an error comment and let an offender released, the judicial system has elements to correct. Similarly if applicable freedom or benefit and denies

To end this chapter we emphasize the importance of the difference between depopulated rural crimes or crimes committed in urban areas. The former have interference in towns with small populations and large urban seconds, but with completely different effects. That is why so creating tax research units specialized in rural crimes that management has been implementing the new Attorney General of the Province is a very wise decision to fight against this scourge.

Deepening this policy is an important way to reduce rural crime, as well as specific research on reducing the stolen in rural areas that lead directly to the black market.

It is for this reason that access to ports or routes that connect with other provinces must be controlled simultaneously as air access to not let the criminal associations stand a chance to move. Shielding such access will significantly reduce crime and increase the displacement of crime from one province to the other as well as the cancellation of federal criminal networks specializing in crime.

IV. new Jails. fugitives

according to statistics officials of Argentina has about 200.000 escapees (ver prof) corresponding to a representative percentage province, which explains to some extent why many crimes. Criminals on public streets means high probability of new crimes against innocent.

(prof) https://www.argentina.gob.ar/noticias/losrefugeesthatno onesearch

Another fact is that relevant, if it forms a search block dangerous criminals of the Province of Buenos Aires, the problem would be physical for the prison system because it does not have enough seats to accommodate more inmates.

Added to that if we implement this project would achieve many processed to obtain conviction and would provide celerity, specificity in the investigation and evidence collection, I would like more convictions and therefore results would be essential as many places in prison.

It is clear that investment in prisons is an investment that is not seen or felt directly, but the reality is that we must understand that those who must remain there are individuals who should be released peacefully in society because they can cause harm to innocent people and the state must protect the innocent and re-socialize the offender. That is why I stand firm in reference to the indefinite sentence of convicted felon felony to its real resocialization.

Why build more prisons:

  • Not to accommodate prisoners in police stations (not caring role of the police prisoners)
  • For an effective judicial system would achieve the public highway out of dangerous criminals that cause great harm to society
  • Because the effectiveness of search block of refugees will require more space in the prison system
  • Because the restriction successful exits before serving sentences occupy places for longer period

It is noteworthy that the serious problem of lack of space in the provincial prison system becomes the lack of investment, maintenance and resocialization of public policy who led the province. If they had invested following the growth in prison places, resocialization and tools primarily in the search for fugitives that the province's security situation today would have been very different and many people could have been saved to live violence. As well as many criminals might have resocializado without going into recidivism.

The reality is clear, the numbers and statistics are a clear example of past mistakes that led to an accumulation in the problems of this.

Search Bloc:

In the orbit of the Ministry of Security of the Nation it was created in the year 2012 the federal police communications system, in which each province must send "voluntarily" fugitives from each jurisdiction for the purposes of that lack of communication is in favor of free movement of fugitive. Unfortunately-for reasons of which I have no information – collaborated many provinces not provided information so the system could not be sufficiently effective.

De facto, the province of Buenos Aires began reporting only in the year 2016.

The creation of a provincial block search for fugitives would achieve many offenders who are released today and regardless of justice are in the respective prisons.

In my opinion, if we reduce the amount of fugitives from justice crime started reduced significantly.

jails:

at least they are needed urgently 25.000 seats in the provincial prison service - next 24 months. Making clear the view that if there is no accommodation will find criminals in police stations (not prepared for this purpose), police custody and not busy working on crime prevention and fragrance.

As you build:

  • private prisons
  • With labor of internal
  • systemization constructive high performance horizontal development
  • international funding
  • District prisons - auto construction (for detained for misdemeanors and good conduct). This type of special detention ( such military prison Campo de Mayo) , refers to row and processed Misdemeanor low leakage indication porbabilidad. Self housing construction can be a tool for this benefit.

 

 

 

 

V _ The custody and condemned.

 

Preventive detention: Andl treatment of the individual during his pre-trial detention should not be considered as a punishment or as a process of reintegration because until we have condemned processing, according to our Constitution is innocent until the contrary and his status deprived of liberty is shown is merely because researchers considered risk of absconding or obstruction of the process.

Today condemned processing confused and give the same treatment by the prison system is not only a legal but attentive error directly against human rights since his conviction leads to the presumption of innocence.

Without While the concept of "new justice" will reduce the time of pre-trial detention by the ever made of the speed of justice in the context of the sentence, the subject must remain in special units without any link to those convicted and sites selected by type of process.

Namely, the process should not suffer instances of a convicted because he is in a deprivation of liberty in preventive. For this special sites should be established.

the convicted: Tortious reintegration in the province of Buenos Aires is one of the main problems of insecurity in that territory. That means a failure of the state in the process of resocialization of convicted, fundamental task of provincial prison service and the system of patronage released.

A system that in recent 50 years has not only increased the rate of repeat offenders, must rethink its structure and the offender entering the SPP someday goes free and if your resocialization is not successful and can not adapt to society again becomes an element of the crime powered by criminal ties harvested during their stay in prison. Namely, a dangerous problem is incorporated to society.

The cost of an internal budget of the province of Buenos Aires consumes approximately $23.000 a month considering the health system, criminal and security of supply of such internal. In economic news also achieve reintegration reduction means fewer inmates in the medium term therefore quantitative savings for the province. [3]

 

With regard to this topic, society as a whole considers unfair deal that expense or afford food and health costs of those who have committed crimes and damage caused to third parties, but in the condition of boarding, is the state that has the duty to solve these needs. But part of the process of resocialization is directing the offender, show an alternative exit that allows start a new life at the end of his sentence and his release. We must understand that the resocialization of the offender does not mean a prize but an obligation of the state and society prevention.

But to begin development of this process we must understand that edilicias and condemned overcrowding situations should not mean a double conviction or an aggravating.

Such a situation can certainly get complicated in the case that the mechanisms proposed here on "new justice" are implemented, giving speed processes and gain greater number of convicts. Namely, in the first stage the prison population increase.

It is therefore essential to initiate the process of enlargement of the prison structure according to a new concept of resocialization based on the day after the execution of the sentence, even prison labor could be part of the labor required for the implementation and modernization of these units.

Today - as I had mentioned in a passage of present-, one day the convict goes free and without proper resocialization and specific contention for his life in freedom becomes a problem for the state and a danger to society because statistics on recidivism speak for themselves.

So exposed to the correct internal reintegration process must establish a specific site of detention and resocialization, ie more prisons are needed, more sites of interaction and social rehabilitation. While this is a process that does not represent immediate results entirely from applying these results will be progressively.

For the development of such programs can be implemented directly "private prisons", "Public-private prisons" or "public prisons" in the latter case expanding the capacity and tools to develop social reintegration. The important thing is the speed in terms of the construction of these buildings and the implementation of new programs of resocialization.

The education, the psychological support, the obligation to work, to learn a trade or career job allow you to have a direct internal option other crime once released from prison.

But meanwhile represent a host of internal and external to solve for problems and therefore condemned to the prison service, It must highlight the tremendous progress that has been developing since the province began the renovation of the prison service.

The situation of the families of the internal is one of the points to consider, lack of work activity fully affects the family economy, That is why one of the most interesting subjects to resolve the issue is to strengthen the prison job that directly recompose the family economy.

the so-called prison-industry and Prison-school are structural elements for the process of rehabilitation and solve the outside during the phase of sentence.

The proposal is focused on prisons with industrial parks and / or private or state factories that hire under "special regimes" to the prison population to the effects they can receive a salary to help their families or serve as capital savings accounts frozen state until the completion of his sentence.

Beyond the above, the essential spirit of industrial prisons is that the inmate may have continued employment after completing their sentence. Thus it would be resolved - in part- one of the problems that have purged sentence who is finding employment.

 

Manufactured housing units:

From years 60, en la Argentina, the housing deficit is growing as precipitous, especially in the sectors of less resources than for economic reasons can not access housing. But there may be a direct link between those who need housing and who are serving sentence. We refer to the development of modular homes by tabular panels. The panel represents almost 60 % construction of a house and can be built in prison-factories obtaining state for the lowest-cost market (because if it is a social enterprise or cooperative does not represent profit) and represents a direct aid to society.

The beneficiary in this case only have to provide the land and pay in easy installments cost and pending gas installations constructed as light balance, Water, the transfer structures and installation, although state land may be used for carrying forward the development.

For example, in an area of 1000 hectares can be constructed in batches 250 m housing solutions about 80 m2 each for a 2800 families, in 10000 hectares serious housing solution for more than 28.000 families. The facilities of these modular homes are estimated 90 and 180 days which could represent a quick and flexible solution to the problem of housing in the province of Buenos Aires.

The solution to the problem of housing instrumented through self construction and satellite towns will be discussed in a separate chapter, but it must be made clear that solving the housing shortage in the province of Buenos Aires and dignify houses with basic services is entirely possible.

 

 

specific points of the comprehensive program of resocialization:

  • Containment and helps family convicted
  • Programs for employment to relatives of the convicted
  • education system at all levels. Implementation of vocational training with immediate job prospects to ensure continuity.
  • Savings square meters of housing purchase your product from work during their sentence.
  • integrated system of prevention and addiction recovery.

 

While some of the points statements are the responsibility of the board of trustees released, monitoring internal release should be either exhaustive to prevent a recurrence. Not just the fact occur once a week in court dementia, police or the criminal to maintain the benefit of parole but the concept of monitoring and support direct reintegration is much deeper. It should not be understood as a bureaucratic issue but a matter of facts determined. Namely, If an inmate is benefited probation should be indicated in great detail your dwelling place, a steady job (which can be a labor continued employment in prison), or a trade. Similarly regain freedom for those serving sentences for.

In the latter case we wonder what the state has historically done with these people?, the answer in most cases is to leave them in distress and that means greatly endanger the population.

At present much of individuals returning to society with low chances of joining the world by self-exclusion or direct exclusion of third parties. That is why this is where the state should be present providing a labor alternative mode as exemplified supra among other variants.

This should not be seen as a reward for having committed an offense but just the opposite, employment and education should be treated as a basic tool for the offender to choose a different path and stop the crime become a danger to society.

This is a first and unique opportunity that gives the society through state powers whom he served a sentence, where society directly indicates the right path and includes.

recidivist: reincidente treatment to be completely different process to apply more rigorous criteria and legal. Namely, all kinds of benefits are eliminated, while maintaining the possibility of joining the prison-industry to generate savings or help from family, provided they do not pose a risk to the prison community.

For these reasons all these processes we propose infer immediate action, Mediate long-term and producing successful results in all these instances.

 

 

 

 

 

 

 

 

  1. Policies crime prevention. internal structure of the provincial Police

Social realities, structural and geographical in the Province of Buenos Aires are completely different according to the different locations. These realities can not be in the same framework of a Public Safety Plan but each region should have a plan in accordance with their reality. As raised in the distribution of judicial departments the structure of the Buenos Aires Provincial Police should be divided into 4 autonomous forces, all dependent on the provincial executive - Minister of Security:

  • Northern Police Conurbano
  • Police South Conurbano
  • Police Northern Province
  • Police Southern Province

The goal of creating 4 forces with their respective rosters, strategies, federalizar somehow allows the province and its problems. Namely, become forces with full knowledge of the area of ​​action. The benefits of this division are as follows:

  • Increased awareness and analysis of the area of ​​action
  • Provincial executive more control over the forces
  • Decentralization and operational and administrative federalization
  • Closer to the population in prevention and flagrancia
  • Accountability possibility immediately to the central command of the objectives

The closer proximity of different neighboring policemen would be vital to integrate local and community policemen who represents a direct link with the mayor tool that removes operational independence.


Crime prevention strategy:

Given the three modus operandi to configure crimes: urban, rural or computer.

The first two have a common major factor is the medium in which the offender is transported. In the most serious crimes, its author / s are transported in vehicles stolen or own. Neutralize the power to shift the offender is the most strategic point of action matter combating crime. If the security forces achieve this objective 50% the fight against crime will be solved.

Double operating crossed to prevent a possible escape and geolocation of mobile real-time, the coordinating authority may order simultaneously measures to neutralize the target.

  • Access to urban centers
  • Exits and entrances to emergency facilities
  • Roads and streets exhaust alternatives.
  • Each municipality should be considered as a border where controls should always be present to avoid the effect displacement of crime.

The aim of the so-called permanent Cerrojo reduces the range of the offender and thus able to act more effectively. This type of procedure should be performed permanently and not sporadic. It must be a state policy corralling the offender and not let it move.

In this regard the application of technological means of prevention is important:

  • encrypted communication between the force
  • Digital map of crime
  • Map geolocation of mobile in street
  • Mobile app for people to report a crime with specific geolocation.
  • Readers patents vehicle
  • Security Camera with access security ministry or authority prevention
  • comprehensive filming all vehicle identification procedures immediately to the appropriate UFI report and coordination unit

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

VII_ Housing solutions - Integrated City

 

The home is considered the material sustenance of the family and all families have access to a decent home is the desire of all people of good faith. In my view it is not the same give to who needs a roof, a brick week to keep captive that give you tools so you can access your home and maintain their independence of thought and action.

 

The housing shortage or uninhabitable homes is one of the main problems has been accumulating Argentina and the last 50 years old. Homelessness or precarious habitat enhance one of the most sensitive aspects of society and that is why seek a definitive solution to this scourge can find it in the shaft work-education-production.

Said axis represents education to create jobs and thus produce their own family needs without relying on third-party policies where the need is a determining variable. After December 2015 politics is over the need and started a productive and self-sustaining axis. Namely, the continuing dependence of the individual who changed was given a brick week, to give you the tools for a house to be built for the office and knowledge to join the productive engine of the country, construction.

For a correct understanding of the proposal will develop three points:

  • Education and self-help housing. private and public lands
  • integrated neighborhoods and satellite towns. Means of locomotion and development 3) Factories housing. Finance and development

 

1 ) Education and self build housing

In accordance with the description of factories housing in "prison industry", the office and training for self housing construction is one of the most significant tools to work against the great unfinished housing policy.

Modular homes can be developed in specific factories or assemble these development sites in order to make constructions in scale and lower costs. The important thing here is that people learn the craft to build your home, know her from the ground, then acquire the building as their own and collaborate in other stages of developments making direct job prospects.

The modular housing quality has its walls, ceilings, floor and internal divisions thermogenic insulating material that keeps a good temperature both in winter and in summer. This means that the difference between a modular quality housing to poor quality does not exceed a 10% and developing them in situ scale value can be considerably lower.

For example, for housing 2 bedrooms could be estimated estimated cost of U $ S 40,000–, whereas those in the line of the housing deficit can not pay such a sum directly, the same may pay with hours of work or plans long-term financing, thus enabling access to housing directly without financial shocks. 7

We are considering that the average construction time require between 90 and 180 days, a worker in a year could build his own house and collaborate in building 3 more houses in the same year. In this way manage to offer home population and employment. Namely, once he learned the trade and collaborates in building your own home you can pay it in installments financed or in square meters in the construction of other houses.

Vocational training:

The heading of the construction represents a multiplicity of trades, all necessary for building a house, It is why training and teamwork of people who join the program is critical to success. But beyond that during the teaching workforce is a real need therefore the worker begins to develop its activities from the zero.

We can establish three stages of education:

  • basic: Floor construction modules, ceilings, walls and internal divisions

 

https://www.youtube.com/watch?v = vmD31MuyfBc

https://www.youtube.com/watch?v = fBLIxO4022k

 

  • Media: mounting modular structures and paint
  • advanced: Plumbing and electricity

Sustainable development: mechanism installing rainwater recycling and solar panels not only allow a categorical savings in non-renewable energy but also on economic issues.

 

Development opportunities:

  • Interested in own grounds
  • About dilapidated housing
  • Developments on lands adjacent to or neighborhoods
  • Cities in New Satellite

2) admitted neighborhoods and satellite towns:

Satellite city is a city that is located in or near the largest around another industrial center. It is a strategically designed and developed urbanization not only to cover housing deficit from nearby regions but also to change the quality of life of the inhabitants. In the development of this type of project the maximum capacity of average people have this, health centers, means of locomotion, transport, trade routes, security centers, firefighters, wide avenues and green spaces. Social housing or housing to cover the housing deficit must not under any circumstances be equated with poor quality or overcrowding but the opposite. With a strategic development of housing for needy sectors must make the acquirer take a step further and enter a quality home with a comfortable habitat making that step is crucial to enlarge the middle class Argentina.

Think of a city or a neighborhood from the zero point can give future residents a much better quality than existing neighborhoods.

To be provided by the state for the development of satellite towns:

  • Provide the land where it will develop entrepreneurship – energy networks, sewers (It can be replaced by modern mechanism autosustentables)
  • Drinking water networks.
  • Street layout and nature reserves
  • Then subdivided into batches and mortgage deed.

The initial investment of property is important, but it can also be property belonging to the State. In all cases, a financing plan for the separate lot of hours / work will be implemented that the purchaser will pay for housing.

What is important in all cases is to provide means of transportation for the purpose that families can easily access their jobs the big cities. Although it should not be ruled out development work activities in the area.

Thinking about the future is to think about the development of new satellite cities or neighborhoods to big cities with good service delivery and strategic means of locomotion.

In some countries, satellite towns and Germany have diagrammed close to industrial centers and / or commercial.

For these reasons we must clarify that we are not referring to the classic private quarters but middle-class homes open, but for people of lower classes with housing needs, Thus with this tool that would allow access to housing, we would be adding every day new families into the middle class, Argentina productive engine.[4]

Project stages and modules

  • Establishment of a project implementation unit.
  • Training and Education
  • Factory assembly module housing
  • Work and development of such leased activity
  • Scale housing production
  • Collaboration and coordination of municipalities
  • Conformation local executing units.
  • Financing stages refundable credits.

Finally, It is very important to understand that this proposed process based on the education-labor-output shaft can be achieved rapid progress in covering the housing shortage of low-income families as well as give them through training a certain craft so that they can continue their journey labor through labor exchanges that will be extremely necessary since in our country begins a period of great growth.

PD: You can start an experimental stage few units to show results, for the purpose of deepening further development in the future.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

https://www.youtube.com/watch?v = qsHoN4ih1TheQ

https://www.youtube.com/watch?v = qF0FchBwpB8

 

My proposal in numbers:

The 6 daprtamentos proposed new court would require a estivado of 2100 people . The announcement was made prublico 1700 the Board released 200 and new educators 50.

 

 

 

 

Author References

Diego Fernando Migliorisi

lawyer Tom 108 folio 914 CPACF

real estate broker CUCICBA 263

 

Specialties: Public Safety - Criminal law computer law and real estate law

housing solutions - urban and rural development - preparation of regulatory projects, comprehensive laws and management programs. Researcher and analyst of geopolitical issues.

 

Work activity:

 

Migliorisi Abogados: director .2009 to date

Migliorisi propiedades: managing partner 1997- to date

Argentina Association to Fight Cybercrime: vice president: 2014 to date

Parma steering committee etarias CIA: President 3/20017 to date

Group proposals against Impunity: Project coordinator: 2/2017 to date

Parliamentary initiatives coordinator Chamber of Real Estate Argentina 3/3 to date

 

Integrating associations:

 

 

IABA (FIA)

International Association of Penal Law (AIDP)

American Association of Private International Law (ASADIP), Latin American Studies Association (let).

International Technology Law Association (ItechLaw) American Society of Comparative Law.

Chamber of Real Estate Argentina

Real Estate Professional College

Association of Realtor (NAR)

 

Works:

Crimes on the Web, crimes of XXI century

Policies for an independent nation

Internet profunda, anonymous Internet censorship

40 nations, World's criminal law (In process)

 

upcoming:

Corruption on line

Ciberbullying

 

Congresses and conferences:

 

Computers and crime - 2014 Buenos Aires' University

International Congress of Computer Law - 2015 Montevideo Uruguay

International Congress of Computer Law - 2016 Montevideo Uruguay

World technology law (ITECHLAW) 2014 – New York

Access to public information and Cybercrime - 2017 Pink House

Training sessions for security forces Cybercrime - 2017 Jujuy Province

 

 

Pd: the author of this has presented over 30 projects to different national deputies and is dedicated to advising / attend free of charge to victims of crime throughout the country.

[1] https://www.mpba.gov.ar/files/content/IPP Totales 2015.pdf

 

[2] http://www.scielo.cl/pdf/politcrim/v9n18/art12.pdf

[3] https://www.clarin.com/zona/mes-preso-cuesta-pesos_0_r1EUmHdqDml.html

 

[4] https://www.youtube.com/watch?v = zvWpS_inpI https://www.youtube.com/watch?Of v =18FAJ3ink

 

Basics reflection :

  • New judicial departments .
  • Extension of the public ministry as a direct recipient of complaints
  • Judicial Investigative Police ( research makes the MPF directly)
  • celerity : processes on line and application of new technologies in the investigation stage / trial
  • Re structuring of the Criminal Cassation as a direct instance dependent on the maximum provincial court
  • Trial by jury
  • Elimination of early departures
  • Prison makes direct job prospects post conviction
  • technological comprehensive program to combat “unreported crime”
  • Desentralización production units with direct informatic backup test.
  • public record of homicidal , recidivist rapists and kidnappers .
  • Flagrancy courts
  • immediate production of resocialization of convicted institutes.
  • New Law Board released.
  • education of civic values.

 

 

Author References

Lawyer specializing in high technologies , public safety and housing

 

Diego Fernando Migliorisi

lawyer Tom 108 folio 914 CPACF

Specialties: Public Safety - Computer law and high technologies - criminal law

housing solutions - urban and rural development - preparation of regulatory projects, comprehensive laws and management programs. Researcher and analyst of geopolitical issues.

 

 

 

Integrating associations:

 

Argentina founder of the Association to Fight Cybercrime

IABA (FIA)

International Association of Penal Law (AIDP)

American Association of Private International Law

(ASADIP), Latin American Studies Association (let).

International Technology Law Association (ItechLaw) American Society of Comparative Law.

Chamber of Real Estate Argentina

Real Estate Professional College

Association of Realtor (NAR)

 

Works:

Crimes on the Web, crimes of XXI century

Policies for an independent nation

Internet profunda, anonymous Internet censorship

40 nations, World's criminal law (In process)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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