We invite you to read the letter to the editor written by our senior associate in the Criminal Litigation Group, David Segall, who addressed the constitutional reform bill proposed by the Executive Branch regarding public safety.
Dear Editor:
Just a few days ago, the President announced a constitutional reform bill that incorporates and/or amends various provisions of the Constitution regarding public safety. Among the new provisions is a rule that deprives those convicted of crimes related to organized crime, terrorist acts, and drug trafficking of access to state-funded benefits in the areas of health, education, employment, and social security, both during their sentence and for the 15 years following their release.
One of the foundations of criminal law is the conception of the offender as a member of society who, obviously, acted outside the law and deserves to be punished. Punishment constitutes a recognition of the individual’s agency and, likewise, of the need to sanction them for their deviant behavior.
This logic has gradually been supplanted by the view of certain offenders as enemies. The severity of their conduct warrants a disproportionate increase in penalties and a relaxation of due process safeguards. Added to this today is a new chapter, now at the constitutional level: the exclusion from state benefits associated with fundamental rights, such as health care and education.
No matter how despicable the acts committed may be, the rule of law cannot disregard an individual’s status as a person and deprive them of access to basic services related to their fundamental rights. This approach is crucial for the health of our democracy and for any future reforms intended to be implemented in the area of security.
Letter written by:
David Segall | Criminal Litigation Group Senior Associate | dsegall@az.cl
