Criminal Procedure Code Investigation - Transfer Of Competences - Full Text Of The Norm

Original Language Title: CODIGO PROCESAL PENAL INVESTIGACION - TRANSFERENCIA DE COMPETENCIAS - Texto completo de la norma

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image inicio sitio infoleg MInisterio de Justicia y Derechos Humanos
CODIGO PROCESSAL ENAL

Law 26.702

Transfer the competence to investigate and prosecute the crimes and violations committed in the territory of the Autonomous City of Buenos Aires. Exceptions.

Sanctioned: September 7 of 2011.

Cast: October 5, 2011.

The Senate and Chamber of Deputies of the Argentine Nation assembled in Congress, etc. sanction with force
Law:

ARTICLE 1 - Transfer the jurisdiction to investigate and prosecute the crimes and offences committed in the territory of the Autonomous City of Buenos Aires that are detailed in the ANEXO which is part of this law, with the exception of the federal matter, the Public Prosecutor's Office and the competent judges of the Autonomous City of Buenos Aires, respectively, according to the procedures established in the Code of Criminal Procedure of the Autonomous City of Buenos Aires.

ARTICLE 2 — Engage the Judiciary of the Autonomous City of Buenos Aires with the competence to investigate and prosecute the new offences of ordinary criminal jurisdiction, applicable in its territorial sphere, which are established in future in all laws of the Nation, unless otherwise expressly provided.

Article 3 - The Code of Criminal Procedure of the Nation shall be mandatory in the resolution of conflicts of jurisdiction, competence and connection, which may occur between the national courts and those of the Autonomous City of Buenos Aires.

ARTICLE 4 — This law is complementary to laws 25,752 and 26,357.

ARTICLE 5o — The Ministry of Justice, Security and Human Rights will be responsible for implementing the measures and signing the supplementary agreements and agreements necessary for the implementation of this Act.

ARTICLE 6 - The estimation and liquidation of the respective amounts in the terms provided for in Article 8 of Law 23.548, in order to ensure that the transfer of powers established in this Law is carried out with the corresponding reallocation of the financial resources (Article 75, paragraph 2, of the National Constitution), will be carried out jointly between the Ministry of Public Economy and Finance of the Nation and the Ministries of Finance and Justice and Security of the Autonomous City of Buenos Aires. In no case will there be duplication of expenditure.

ARTICLE 7 - Commend the Bicameral Commission “City of Buenos Aires”, in exercise of the powers conferred in article 15 of Law 24.588, the follow-up to this law.

ARTICLE 8 - The transfer and allocation of competences provided for in Articles 1 and 2 of this Law shall be perfected with the entry into force of the law of the Autonomous City of Buenos Aires that accepts, without limitations or reservations, the provisions of this Law.

Article 9 - Contact the national executive branch.
IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD YEARS THE SEPTEMBER OF DOS MIL ONCE.

# 26,702 —

JULY C. C. COBOS. - EDUARDO A. FELLNER. - Enrique Hidalgo. — Juan H. Estrada.

Annex

TRANSFER OF PENRAL AND CONTRAVENTIONAL COMPETITIONS OF REGULAR NATIONAL JUSTICE TO THE AUTONOMAL CITY OF GOOD AIRES

FIRST: COMPLEMENTARY DELITOS OF COMPETENCES TRANSFERTED BY LEYES 25,752 AND 26,357:

(a) Injuries (arts. 89-94, Criminal Code);

(b) Duel (articles 97 to 103, Criminal Code);

(c) Abuse of arms (arts. 104 and 105, Criminal Code);

(d) Violation of domicile (Title V, Chapter II, articles 150 to 152, Criminal Code);

(e) Fire and other havoc (articles 186 to 189, Criminal Code);

(f) Tenure, possession and provision of war weapons of conditional civil use, as provided for in article 189 bis, sections 2 and 4, Criminal Code, except where the offence is committed by a federal public official or related to a federal offence;

(g) Impediment or obstruction of contact, established by law 24,270;

(h) Criminalization of discriminatory acts, in accordance with Act No. 23,592; and

(i) Offences and Contracts in Sport and Sports Spectacles, in accordance with the provisions of laws 20,655 and 23,184 and their amendments, in the areas applicable to local jurisdiction.

The Justice of the Autonomous City of Buenos Aires will intervene in the case of article 151 of the Criminal Code contemplated in subparagraph (d) above, provided that the act is committed by a public official or agent of the authority of the Autonomous City of Buenos Aires.

SECOND: DELITOS AGAINST ADMINISTRATION PUBLICA, which occurred exclusively in the area of the Autonomous City of Buenos Aires, when it comes to acts committed by its public officials, or against its public officials, that affect the functioning of their public authorities or occur in the framework of a judicial process that deals with local courts:

(a) Attempt and resistance against authority (arts. 237, 238, 239, 240, 241, 242 and 243, Criminal Code);

(b) Lack of denunciation of offences whose competence is transferred to the Autonomous City of Buenos Aires (article 245, Criminal Code);

(c) Imprisonment of authority, titles or honours (arts. 246 (1), 2 and 3 and 247, Criminal Code);

(d) Abuse of authority and violation of the duties of public officials (arts. 248, 248 bis, 249, 250, 251, 252 1st paragraph and 253, Criminal Code);

(e) Violation of stamps and documents (arts. 254 and 255, Criminal Code);

(f) (arts. 256, 256 bis, 257, 258, 258 bis and 259, Criminal Code);

(g) Misappropriation of public flows (articles 260 to 264, Criminal Code);

(h) Negotiations incompatible with the exercise of public functions (article 265, Criminal Code);

(i) Illegal acts (articles 266 to 268, Criminal Code);

(j) Illegal enrichment of officials and employees (arts. 268 (1), 268 (2) and 268 (3), Criminal Code);

(k) Prevaricate (arts. 269-272, Criminal Code);

(l) Denial and delay of justice (arts. 273 and 274, Criminal Code);

(m) False testimony (arts. 275 and 276, Criminal Code); and

(n) Evasion and breach of sentence (arts. 280, 281 and 281 bis, Criminal Code).

THIRD: DELITOS AGAINST PUBLICA, provided that these are instruments issued, or whose competence to issue them is from the Autonomous City of Buenos Aires:

(a) Forgery of seals, stamps and marks (arts. 288, 289, paras. 1, 290 and 291, Criminal Code); and

(b) Forgery of documents (articles 292 to 298, Criminal Code).

FOURTH: PUBLICA LOCAL COMPETITION MATERIA:

(a) Offences of public officials against individual liberty (articles 143 to 144 fifth, Criminal Code), provided that it was committed by a member of the public authorities of the Autonomous City of Buenos Aires;

(b) Offences against freedom of work and association (arts. 158 and 159, Criminal Code);

(c) Procedural scam in judicial proceedings before the courts of the Autonomous City of Buenos Aires (article 172, Criminal Code);

(d) Defraudation (art. 174, para. 5, Criminal Code), provided that the act is committed against the Public Administration of the Autonomous City of Buenos Aires;

(e) Offence against traffic safety (art. 193 bis, Criminal Code);

(f) Disarmed of cars without authorization, as prescribed in article 13 of Act No. 25,761;

(g) Prophylaxis in relation to offences established by law 12,331; and

(h) Narcotics, in accordance with article 34 of Act No. 23,737, in accordance with the wording of Act No. 26,052 (articles 5 (c), (e) and penultimate and final paragraphs, 14 and 29, Act No. 23,737 and infidel and irregular supply of medicines, articles 204, 204 bis, 204 ter and 204 quater, Criminal Code.

CLAUSULA TRANSITORIA: The cases in the above-mentioned subjects are pending before the National Courts at the time of further refinement of the transfer of competences will be terminated and fenced before the same courts.