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Diego Fernández Lima revived a debate: a bill to change the "statute of limitations for homicide" was presented.

Diego Fernández Lima revived a debate: a bill to change the "statute of limitations for homicide" was presented.

PRO deputy Gerardo Milman introduced a bill that would require "criminal prosecution to begin from the moment the victim's body is found."

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Illustration The Andes

Faced with this situation, PRO deputy Gerardo Milman introduced a bill to require that criminal proceedings begin only from the moment the victim's body is found , preventing crimes from going unpunished due to the expiration of legal deadlines.

“Currently, the law establishes that the statute of limitations begins to run from the moment the crime occurs, which is reasonable in most cases, but in homicides where the body is hidden, the law ultimately benefits the perpetrator,” the legislator explained.

“It violates society’s right to justice, as will happen in the recent Coghlan case ,” he added.

"In this case, 43 years have passed. If it is proven that the suspect, Cristian Graf, was the perpetrator of the crime, he would not face a prison sentence, which would deny Lima's family and society the right to obtain justice," Milman clarified.

Gerardo Milman

PRO deputy Gerardo Milman.

The legislator warned that "unfortunately, the Coghlan case is not an isolated incident" since "in several provinces, human remains have been found in fields, farms, or private properties without the criminal proceedings being able to proceed due to the statute of limitations."

At a construction site in Coghlan, a group of workers found the remains of Diego Fernández Lima, who disappeared in 1984 and showed signs of having been murdered.

The Penal Code establishes that simple homicides have a statute of limitations of 12 years and aggravated homicides have a statute of limitations of 15 years, so the case can no longer lead to criminal sentences against those responsible for the crime.

“Impunity isn't always born of corruption or inefficiency; it's often the result of poorly designed laws, and with this bill, we have the opportunity to correct a flaw that reality has painfully pointed out to us. Human life doesn't accept fictitious prescriptions. When it is taken away, society has the right to demand truth and justice, not procedural excuses, and with firm steps, we will ensure that this is the case,” he concluded.

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