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Establish An Economic Compensation To Victims For The Bombing Occurred At The Embassy Of The State Of Israel

Original Language Title: Establécese un resarcimiento económico a damnificados por el atentado ocurrido en la Embajada del Estado de Israel

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Law 26,690

Economic recovery to the victims of the attack occurred at the Embassy of the State of Israel. Sanctioned: June 29, 2011 Enacted: July 27, 2011

The Senate and Chamber of Deputies of the Argentine Nation, meeting in Congress, etc., are sanctioned by law:

Article 1-They shall have the right to receive, for the only time, an economic remedy, through their heirs, or, where appropriate, by persons who have died or suffered serious or serious injuries, on the occasion of the attack on the The embassy of the State of Israel in the Republic of Argentina, in the Arroyo 910 street of the Autonomous City of Buenos Aires, occurred on March 17, 1992, whether or not they have been prosecuted for damages against the national state.

Article 2-The compensation established by this law is of a good character of the person who has been affected. In the event of his death, the order of precedence laid down in Articles 3,545 and concordant of the Civil Code shall be applied, without prejudice to the rights recognised in Article 3 (c), final part, of this law.

ARTICLE 3-The scope of the compensation of this law is for those who prove the following extremes: (a) The death as a result of the fact referred to in Article 1 of this Article; (b) Having suffered serious or serious injuries as a result of the fact referred to in Article 1 of this Article; (c) In the case of point (a) the application for this compensation must be credited to be the heir of the beneficiary or, where appropriate, to prove that there was a union in fact with an age of at least two (2) years prior to the facts described in Article 1 of this law, or of a minor lapse with a child in common. If there is a spouse's concurrence and if he has actually tested union for at least two (2) years immediately preceding the death, the party corresponding to the spouse shall be distributed between the two in equal parts; a beneficiary has died within the meaning of point (b), for reasons other than the fact, the heirs of the beneficiary may apply for the present compensation or who demonstrates his/her character as a living person in accordance with the preceding paragraph.

ARTICLE 4-The Ministry of Justice and Human Rights shall be the enforcement authority of this law. The request for economic compensation will be dealt with by the Ministry, which

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check the compliance of the necessary collections for its grant. The request for economic compensation must be made, under the warning of expiration, within one hundred and eighty (180) days of the date of entry into force of the regulation of this law. The resolution that will totally or partially deny the compensation will be used within ten (10) days of notification before the National Appeals Chamber in the Federal Administrative Board of the Federal Capital. The appeal will be filed with the Ministry of Justice and Human Rights, who will raise it with his opinion within ten (10) days. The chamber will decide without further processing within twenty (20) days of the proceedings.

ARTICLE 5-Persons who have died as a result of the said attack shall be entitled to receive, through their heirs, an economic compensation equivalent to the monthly remuneration of the level 0, grade 0, of the Escalafon for the Civil Personnel of the National Public Administration approved by decree 993/91 (t.o. 1995) and its modifications, by the coefficient one hundred (100).

Article 6-The compensation corresponding to persons who in the same circumstances have suffered serious injuries, according to the classification made by the Penal Code, shall be the sum equivalent to that provided for in Article 5 of this Law reduced by 30% (30%).

Article 7-The compensation corresponding to persons who in the same circumstances have suffered serious injuries, according to the classification made by the Penal Code, shall be the sum equivalent to that provided for in Article 5 of this Law, reduced by 40% (40%).

ARTICLE 8-The amounts of compensation provided for in this Law shall be made in accordance with the terms of laws 23,982 and 25,344 and their modifications and shall be considered to be, for all purposes, within the (f) of Article 2 (a) (a) of Article 3 of Law 25.152. To this end, the payment of the "economic compensation for the victims of the attack on the Embassy of Israel" is included in the concepts contemplated in the public credit operations authorized in the budget of expenses and resources of the administration national

Article 9º-The Ministry of Justice and Human Rights will be responsible for processing the relevant claims and will then require the National Office of Public Credit under the Secretariat of Finance of the Secretariat of Finance of the Ministry of Economy and Public Finance, the placement of the bonds by the Caja de Valores S.A., or who is designated as a depository and agent for the registration of securities, in an account to the order of the beneficiary or to the court of the court intervener in the succession process of the same, in case of death.

ARTICLE 10. -the economic compensation provided for in this Law shall be exempt from charges and shall also be exempt from fees for judicial or administrative proceedings which have the purpose of accreditation of the circumstances or of the link, in national jurisdiction. The publication of edicts in the Official Gazette of the Republic of Argentina shall be free, when it has the sole purpose of crediting the hereditary link with the cause for the purposes provided for in this law.

ARTICLE 11. -if there are legal proceedings against the national State founded on the same acts or omissions referred to in this law, at the time of applying for economic compensation,

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the same establishes, those who intend to use it must desist from the action and the right exercised in the respective processes and renounce to initiate future judicial actions for the same fact. In the event that the beneficiaries or their heirs. have received subsidies agreed upon by the national executive branch following the facts mentioned in article 1 of this law, the amounts collected must be deducted from the total amount corresponding to them as economic compensation, according to the provisions of this standard. The beneficiaries or heirs who have obtained and received a lower compensation for damages which they should receive under this law will have the right to claim the difference in their favour. If the amount judicially recognized is superior to that resulting from the application of this law, they will not be able to access the economic compensation that is established here.

ARTICLE 12. -The economic compensation obtained by this law is incompatible with any judicial action for damages and damages promoted against the State derived from the causes of the articles 1 and 3 of this law, raised by the beneficiaries or their heirs. The existence of judicial actions for damages and damages pending the economic recovery of this law will imply the necessary option on the part of the interested party between the prosecution of the judicial proceedings initiated or the the economic compensation provided for in this standard.

ARTICLE 13. -The payment of the financial compensation to the survivors or heirs who have accredited such a condition by judicial declaration, will free the national State of the responsibility recognized for the fact that motivates this law. Those who have received the compensation in legal form shall subrogate the national State if, at a later date, other rights holders with equal or better law apply for the same benefit.

ARTICLE 14. -The national executive branch will regulate this law within sixty (60) days since its publication.


Date of publication: 29/07/2011

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