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National Assembly recognizes error in reform of the Criminal Code that included abortion for rape
Posted On 29 Nov 2019
The president of the Justice Commission, Ximena Peña (AP), and her colleague Esteban Torres (PSC-Cambio) acknowledged the commitment of a technical error in the inclusion of the second transitional provision on the issue of abortion for rape, as noted the Constitutional Court (CC), in an opinion last Tuesday.
National Assembly recognizes error in reform of the Criminal Code that included abortion for rape
Peña said they were already waiting for this response from the Court, as it seems most appropriate. “Indeed, what happened was a technical error of a provision that should never have been included, since article 150 was not approved,” said the head of the table.
Torres added that this provision was something that should not be voted on and he was satisfied with the decision “in accordance with the law” of the control body.
“The mistake was that it was not in the voting motion; In the heat of the debate, taking five minutes to read the text, it was difficult to realize that this transitory provision was not in the voting text on the same motion, so the mistake was made, ”said Torres.
Meanwhile, Marcela Aguiñaga (RC) recalled that the pronouncement of the CC is mandatory and immediate compliance. “In this country, abortion for rape is still penalized,” he said.
Once notified with the opinion of the Court, whose rapporteur was Judge Ali Lozada, the commission must process it and prepare a single report that should include the constitutional objections and the remaining objections and then submit it to the plenary.
In the specific case of the provision in question, “it would simply be eliminated,” Peña said, referring to an article that was not modified. “What is done is to accept the opinion of the Court,” he concluded.
