Is it legal to beat men as punishment? forensic debate

All this sparked a debate on social networks, led by federal prosecutor Maximiliano Hairabedian, who questioned whether it was legal to physically punish children to correct them.

Villa Maria Ya! He uncovered the main points that the prosecutor had disclosed, which clarified something that could be a novelty for many, and that Argentina has its own unique law. But, let’s go.

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The convicted man is a father who hit his son with tape. The prosecutor considered that justice was unlawful, but explained that this did not always mean that it was a crime.

As he explained, until recently, Criminal Law books said that parents, as required by their authority, could practice family reform in moderation and therefore mild corporal punishment was justified. It was legal and not a crime. However, the situation changed with the discussion in this sentence.

And she explains: Argentine law prohibits childhood physical abuse. No squeaks, no ear pulls, no flip-flops or pinching. “It’s also worth noting that many parents don’t learn,” he said.

The offer is for this man to be convicted. The son declared that he had a good relationship with his father and admitted that he “always hits me with the belt when he fucks”. In this case, he had to take six classes and not study.

As can be understood from the expression, the son, who said, “Father asked me something, I kept silent. Cintazo hit my thigh between 4 and 5,” told the story.

The mother said, “My son lied about the subjects he took at school. When I went upstairs, I heard noises and shouts, so I prevented him from continuing to hit him.”

For her and other domestic violence moments, she was deemed to have continued the behavior. He ended up with the aforementioned two-year suspended sentence.

What did the Supreme Court say?

The man’s lawyers appealed the sentence. “The tapes were not meant to hurt, but to scold him for irregularities in the training process,” they said.

The TSJ also said, “No. It is well condemned because the defendant’s behavior has caused at least mental functional damage to the body and clearly falls under the crime of minor injury. This is unacceptable, it is a crime because it was a time, but has become customary”.

sticking is forbidden

At the same time, a report by the International Commission on Human Rights on corporal punishment stated that “the common denominator of countries in this hemisphere is to allow and accept the use of punishment that is neither excessive nor moderate”.

“The committee has consistently recommended that a law be passed that explicitly prohibits the use of corporal punishment at home, in schools and other institutions,” he said.

But at the same time, it was clarified that “the aim is not to punish parents, but to empower families with state measures that eliminate the use of violence.”

By following this recommendation, our country has prohibited all forms of corporal punishment, ill-treatment and any action that will cause physical or mental harm to children. Penalties of any kind, even for correctional purposes, are prohibited.

That doesn’t mean it’s typical in Criminal Law, so it’s not illegal.

Hairabedian says these cases should not be treated individually, because if they cannot be taken as a fix, the goal is not to punish parents who resort to illegal means, but to ban other positive nonviolent practices. Therefore, Franco Caballero was convicted for “desiring to discipline using violence”.