Rethinking the non-prosecution agreement

According to Raquel Scalcon, neither the Code of Criminal Procedure nor the Supreme Court’s rules require a qualified dissenting opinion, a gap filled by the justices based on the logic of proportionality.

Lawyer and criminal law professor Raquel Scalcon sees no logic in altering the severity of the penalties for the crimes themselves in the Penal Code, pointing out that they are not high.

For Raquel Scalcon, reducing the specific penalties for each crime doesn’t seem like the right measure because the penalties aren’t high enough for those crimes, even when compared to other countries.

According to Raquel Scalcon, most ministers, as well as the Attorney General’s Office, adopted a broader interpretation of violence and serious threats than that traditionally used in legislation.

Raquel Scalcon states that the Supreme Court’s understanding of jurisdiction is not expected to change at this time, given the court’s current composition.

Raquel Scalcon characterizes the limits of the decision as unclear, leaving room for later interpretation of what violates it or not.