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(Note Infoleg: VEASE. DECRETO N° 118/2019 B.O. 8/2/2019 Adopting the orderly text of the FEDERAL PENAL PROCESSAL CODE, approved by Law No. 27.063 with the incorporations provided by Law No. 27.272 and the amendments introduced by Law No. 27.482, which shall be called “FEDERAL PENAL PROCESSAL (T.O. 2019)”, which as ANEX I (IF-2019-05102811-APN-MJ) is part of the reference decree)

PENAL PROCESSAL CODIGO

Law 27.063

Adoption.

CONTENTS

BOOK FIRST - FUNDAMENTAL PRINCIPLES
PART I	PROCESSARY PRINCIPLES AND GARANTIS	art. 1-24
PART II	CRIMINAL ACTION
Chapter 1	Criminal action
Section 1	General rules	art. 25-29
Section 2	Availability rules	art. 30-35
Section 3	Obstacles founded on constitutional privilege	art. 36
Section 4	Exceptions	art. 37-39
Chapter 2	Civil action	art. 40-42

SECOND BOOK - CRIMINAL JUSTICE AND PROCEDURAL SUJECTS
PART I	FEDERAL AND NATIONAL CRIMINAL JUSTICE
Chapter 1	Jurisdiction and Competition	art. 43-51
Chapter 2	Jurisdictional bodies	art. 52-57
Chapter 3	Excluding and recusaling	art. 58-62
PART II	IMPUTATE
Chapter 1	General standards	art. 63-68
Chapter 2	Statement of the accused	art. 69-73
Chapter 3	Technical assistance	art. 74-77
PART III	THE VICTIM
Chapter 1	Fundamental rights	art. 78-81
Chapter 2	Complaint
Section 1	Common standards	art. 82-84
Section 2	Complainant in Public Action Crimes	art. 85
Section 3	Complainant in Private Action Crimes	art. 86-87
PART IV	MINISTERIO PUBLICO FISCAL
Chapter 1	General standards	art. 88-89
Chapter 2	Security forces	art. 90-91
PART V	THE CIVIL ACTOR	art. 92-96
PART VI	_	art. 97-99

BOOK TERCERO - PROCESSAL ACTIVITY
PART I	PROCEDURAL ACTIVITIES
Chapter 1	Language and form of procedural acts	art. 100 to 104
Chapter 2	Judicial acts and resolutions	art. 105-107
Chapter 3	Target	art. 108-112
Chapter 4	Control of the duration of the procedure	art. 113-115
Chapter 5	Requirements and communications	art. 116-111
Chapter 6	Rules of judicial cooperation	art. 120 to 121
PART II	INVALIDITY OF PROCESSAL ACTS	art. 122 to 126

BOOK FOURTH - MEASURES OF WORK
PART I	GENERAL RULES	art. 127 to 128
PART II	DIRECT COMPROBATIONS	art. 129 to 150
PART III	TESTIMONIES	art. 151 to 160
PART IV	PERITAJES	art. 161 - 166
PART V	OTHER MEASURES	art. 167 to 175

BOOK QUINTO - ACTION AND CAUTELARES

art. 176-194

BOOK FIRST - REGULAR PROCEDURES
PART I	PREPATORY ETAPA
Chapter 1	General standards	art. 195-201
Chapter 2	Starting events	art. 202
Section 1	Complaint	art. 203-207
Section 2	Complaint	art. 208-209
Section 3	Prevention	art. 210-212
Section 4	Initiation of trade	art. 213-214
Chapter 3	Initial assessment	art. 215 to 220
Chapter 4	Formalization of preparatory research	art. 221-226
Chapter 5	Research development	art. 227-231
Chapter 6	Conclusion of preparatory research	art. 232 to 240
PART II	CONTROL OF ACUSATION	art. 241-247
PART III	JUICIO
Chapter 1	General standards	art. 248-260
Chapter 2	Development of the debate	art. 261-270
Chapter 3	Judgment	art. 271-275
Chapter 4	Registration of the hearing	art. 276-278

SECOND BOOK - SPECIAL PROCEDURES
PART I	OF PRIVATE ACTION	art. 279-287
PART II	OPEN PROCEDURES	art. 288 to 292
PART III	COMPLETE PROCESSES	art. 293-296

BOOK TERCERO - CONTROL OF JUDICIAL DECISIONS
PART I	GENERAL RULES	art. 297 to 304
PART II	LEGITIMATION FOR IMPUGNAR	art. 305-308
PART III	IMPUGNABLE DECISIONS	art. 309-312
PART IV	TRAMITE	art. 313-317
PART V	REVISION OF SENTENCE CONDENATORIA FIRME	art. 318-322

FOURTH BOOK - EXECUTION
PART I	GENERAL PROVISIONS	art. 326-325
PART II	CRIMINAL EXECUTION	art. 326-335
PART III	INHABILITATION	art. 336
PART IV	CIVIL EXECUTION	art. 337
PART V	COSTAS AND INDEMNIZATIONS	art. 338-347

BOOK QUINTO - ACTS OF ARMED FORCES

art. 348-349

PENAL PROCESSAL CODIGO

Law 27.063

Adoption.

Sanctioned: December 4, 2014

Promulgated: December 9, 2014


ARTICLE 1 — Approve the Code of Criminal Procedure, which is added as Annex I and which is an integral part of the present.

ARTICLE 2° — Default of the Code of Criminal Procedure adopted under article 1 of Act No. 23.984, without prejudice to the provisions of article 5 of this Act.

ARTICLE 3° — The Code adopted in Article 1 shall enter into force at the time established by the applicable law of implementation, which shall contain the relevant organic provisions in relation to both the jurisdictional bodies and those other responsible for their implementation.

ARTICLE 4° — The Code adopted pursuant to article 1 of the present Act shall apply to the investigation of criminal acts committed on the basis of their entry into force.

ARTICLE 5° — Cases pending until the opportunity set out in article 3 shall be settled before the bodies in which they are located. Such cases shall continue to take place and terminate in accordance with the provisions of Act No. 23,984 and its amendments.

ARTICLE 6° — Without prejudice to the provisions of the preceding articles, the normative references that allude to the Code of Criminal Procedures or the Code of Criminal Procedures shall be deemed to be referred, in terms of the content of their provisions, to the rules that correspond to those of the Code adopted by article 1 of this Act.

ARTICLE 7° — The Bicameral Commission for the Monitoring and Implementation of the New Criminal Procedure Code of the Nation, in order to evaluate, control and propose during the period required by the implementation provided for in Article 3, the respective bills for the adequacy of the legislation in force with the terms of the Code approved by Article 1 of this Law, as well as any other modification and improvement of the new legislation necessary for the Nation.

ARTICLE 8° — Please approve the initiation of a basic training and strengthening programme for national and federal first instance prosecutors, general prosecutors ' offices and general ombudsmen, which is added as Annex II and which is an integral part of this law, in order to train and equip the Public Prosecutor ' s Office with the minimum human resources necessary to address the future task of implementing the new Criminal Procedure Code.

ARTICLE 9° — Contact the national executive branch.

IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, TO THE FOUR DAYS OF THE YEAR TWO MIL CATORCE.


JULIAN A. DOMINGUEZ. - GERARDO ZAMORA. - Lucas Chedrese. — Juan H. Estrada.


Article 1- Pretrial. No one can be sentenced without a prior trial, founded in law prior to the fact of the process, which will be carried out respecting the rights and guarantees set forth in the National Constitution, in international human rights instruments and in accordance with the provisions of this Code.

Article 2°- Principles of the prosecution. The principles of equality between the parties, orality, advertising, contradiction, concentration, immediacy, simplicity, speed and deformalization should be observed throughout the process.

All hearings must be public, except for the exceptions expressly provided for in this Code.

Article 3. Principle of innocence. No one can be regarded or treated as guilty until such time as a final judgement, issued on the basis of legitimately obtained evidence, distorts the legal status of innocence enjoyed by any person.

The accused must not be presented as guilty. Judicial records, lizards and communications may not contain stigmatizing inscriptions or devoid of the legal status of innocence.

Article 4°- Right not to be self-incriminated. No one can be compelled to testify against himself. The exercise of this right cannot be valued as an admission of facts or evidence of guilt.

Any admission of the facts or confession must be free and under the express consent of the accused.

Article 5°- Unique persecution. No one can be criminally prosecuted or convicted more than once for the same fact. Proceeding proceedings cannot be reopened, except for the review of sentences for the convicted person.

Article 6°- Defense. The right of defence is inviolable and irrenunciable and can be exercised freely from the beginning of the trial until the end of the sentence. The accused has the right to defend himself or herself, to choose a trusted lawyer or to be appointed as a public defender. The rights and powers of the accused may be exercised directly by the accused or by his or her defender, indistinctly. In case of collision, the will of the accused, expressed clear and freely, will prevail.

Article 7°- Natural judge. No one can be prosecuted or tried by judges or special commissions. The power to apply the law in criminal proceedings, by judging and executing the court, is exclusively for judges and tribunals appointed in accordance with the Constitution and instituted by law prior to the fact that the proceedings are subject.

Article 8°- Impartiality and independence. Judges must act impartially in their decisions. The independence of judges and jurors from external interference and other members of the judiciary must be guaranteed. In the event of interference in the exercise of its function, the judge shall inform the Council of the Magistracy of the facts affecting its independence and shall request the necessary measures for its protection.

Article 9°- Separation of functions. Representatives of the Public Prosecutor ' s Office may not act in their own jurisdiction and judges may not conduct investigations or impel the momentum of criminal prosecution. The delegation of jurisdictional functions to junior officials or employees shall render invalid the proceedings carried out and shall be considered to be a cause of ill performance of the functions for the purpose of the process of the removal of judges in accordance with articles 53 and 115 of the National Constitution.

Article 10.- Appreciation of the test. The evidence will be valued by the judges according to their free convictions, observing the rules of logic, scientific knowledge and the maxims of experience. The evidence will be valuable only if they are obtained and incorporated into the process in accordance with the principles and norms of the National Constitution, international instruments and this Code.

Article 11. In dubio pro imputado. In case of doubt, it will be to what is most favorable for the accused. The non-observance of a guarantee shall not be invoked. Procedural rules shall have no retroactive effect unless they are more favourable to the accused.

Article 12.- Victim's rights. The victim has the right to an effective judicial guardianship, to the comprehensive protection of his or her person, family and property against the consequences of the crime, to participate in the criminal proceedings autonomously and to request from the State the necessary assistance to resolve the conflict. The authorities may not, under any pretext, cease to receive their complaints or claims and immediately put into operation the legal mechanisms provided for their effective guardianship.

Article 13.- Protection of privacy and privacy. The right to privacy and privacy of the accused and of any other person, in particular freedom of conscience, domicile, correspondence, private papers and communications of any kind, must be respected. Only with the permission of the judge and in accordance with the provisions of this Code may these rights be affected.

Article 14.- Rule of interpretation. The legal provisions that qualify personal liberty or limit a right shall be interpreted restrictively. Extensive interpretation and analogy of such rules are prohibited.

Article 15.- Prison conditions. It is prohibited to accommodate persons deprived of their liberty in unencumbered places, or in places that do not meet the minimum conditions of health. Any action that leads to unjustifiably worsening conditions of detention for prisoners or detainees shall hold the person who orders, authorizes, applies or consents.

Article 16.- Restriction of fundamental rights. The powers recognized by this Code to restrict or limit the enjoyment of rights recognized by the National Constitution or by international human rights instruments must be exercised in accordance with the principles of suitability, reasonableness, proportionality and need.

Article 17.- Restrictions on freedom. Restrictive measures of freedom may only be based on the actual existence of danger of escape or obstruction of the investigation. No one can be imprisoned without sufficient evidence to impute a repressed crime with a custodial sentence, in accordance with the rules of this Code.

Article 18.- Justice within a reasonable time. Everyone has the right to a final court decision in reasonable time, in accordance with the time limits set out in this Code. The delay in issuing resolutions or undue delays, if repeated, will constitute a serious and causal failure of the judges.

Article 19.- Sentence. The sentence must be final, absolving or condemning the accused. Judges may not refrain from deciding on the pretext of darkness or ambiguity of laws, or improperly delaying any decision, or using the basis of decisions to make statements or statements that do not affect the decision.

Article 20. Motivation. Judicial decisions must express the de facto and legal basis on which they are based. The substantiation cannot be replaced with the simple relation of documents, dogmatic affirmations, legal fictions, ritual expressions or moral appeals. In the case of judgements handed down by jurisdictional bodies, each member must establish his or her vote individually, unless he or she adheres to the reasons set out by another member. Adherence to the foundations of another does not permit the omitting of deliberation.

Article 21.- Right to appeal. Every person has the right to appeal the criminal penalty imposed on him or her before another judge or court with broad powers for review.

Article 22.- Conflict resolution. Judges and representatives of the Public Prosecutor ' s Office will seek to resolve the conflict that has arisen as a result of the punishable fact, giving preference to solutions that best suit the restoration of harmony between their protagonists and social peace.

Article 23.- Citizen participation. Citizens shall participate in the administration of criminal justice, in accordance with articles 24, 75, 12 and 118 of the National Constitution and in accordance with the special law that is given for this purpose.

Article 24. Cultural diversity. In the case of acts committed between members of an original people, their customs should be taken into account in the matter.


Article 25.- Public action. Public action is exercised by the Public Prosecutor ' s Office, without prejudice to the powers conferred on the victim by this Code.

The Public Prosecutor ' s Office must initiate it on its own motion, provided that it does not depend on a private instance. Their exercise may not be suspended, interrupted or terminated except in cases expressly provided for by law.

Article 26.- Private action. If the exercise of public action depends on a private instance, the Public Prosecutor ' s Office shall exercise it only once the case has been formulated or in the other cases provided for in the Criminal Code. This circumstance does not preclude the conduct of urgent acts that prevent the consummation of the fact or of those essential to preserve the evidence, provided that such acts do not affect the protection of the victim ' s interest.

The private instance must be carried out in an express manner by the person entitled to do so, and it cannot be derived from any procedural act its tacit formalization.

The private instance will allow all participants to be prosecuted without limitation.

Article 27.- Private action. Private action is exercised by means of complaint, in the special form provided by this Code.

Article 28.- Non-prejudicial rule. Judges must resolve all matters arising in the process, except prejudicial ones.

If the existence of a criminal proceeding depends on another ' s resolution, the exercise of criminal proceedings shall be suspended even on its own motion, until the other proceedings have a final judgement.

However, judges should appreciate whether the pre-judicial issue is serious, well-founded and credible, and in the event that it is invoked with the exclusive purpose of delaying the process, they will order the process to continue.

Article 29.- Effects. Taking the suspension of the proceedings in the cases provided for in article 28, the release of the accused shall be ordered, subject to the establishment of a domicile, without prejudice to the imposition of other precautionary measures provided for in this Code.


Article 30.- Availability of the action. The representative of the Public Prosecutor ' s Office may have public criminal proceedings in the following cases:

(a) Criteria of opportunity;

(b) Conversion of action;

(c) Conciliation;

(d) Suspension of the trial process.

It cannot be dispensed entirely or partially from the exercise of criminal proceedings if the accused is a public official and is charged with an offence committed in the exercise or on the basis of his/her position, or when he/she appears as an episode within a context of domestic violence or motivated on discriminatory grounds. Nor may in cases that are inconsistent with the provisions of international instruments, general laws or instructions of the Public Prosecutor ' s Office based on criminal policy criteria.

Article 31.- Criteria of opportunity. Representatives of the Public Prosecutor ' s Office may dispense fully or partially with the exercise of public criminal proceedings or limit it to any of the persons who intervened in the event in the following cases:

(a) Whether it was a fact that, because of its insignificance, it did not seriously affect the public interest;

(b) If the defendant ' s intervention is considered to be of less relevance, and the penalty may be fine, disqualification or conditional sentence;

(c) If the accused had suffered as a result of the serious physical or moral damage that would render the application of a penalty unnecessary and disproportionate;

(d) If the penalty that could be imposed for the act was of no importance in consideration of the sanction already imposed, or which should be expected by the remaining facts investigated in the same or other proceedings, or which was imposed or imposed on it in a procedure processed abroad.

Article 32. Effects. The decision that exempts public criminal prosecution for the application of criteria of opportunity will allow the public action to be declared extinct with respect to the person in whose favour it is decided, unless appropriate in accordance with the provisions of the last paragraph of article 219.

Article 33.- Conversion of action. At the request of the victim, public criminal proceedings may be converted into private action in the following cases:

(a) If an opportunity criterion was applied;

(b) If the Public Prosecutor ' s Office requested the dismissal at the time of the conclusion of the preparatory investigation;

(c) Whether it was an offence requiring a party, or of bodily harm, provided that the representative of the Public Prosecutor ' s Office authorized it and there was no serious public interest.

In all cases, if there is a plurality of victims, the consent of all will be necessary, even if only one has exercised the complaint.

Article 34. Conciliation. Without prejudice to the powers conferred on the judges and representatives of the Public Prosecutor ' s Office in article 22, the accused and the victim may enter into conciliatory agreements in cases of crimes with property content committed without serious violence against persons or in culposal offences if there were no serious injury or death result. The agreement will be presented to the judge for approval, if applicable, in hearing with the presence of all parties.

Accreditation of compliance with the agreement extinguishes criminal proceedings; until such compliance is credited, the legajo must be reserved. In the absence of the agreement, the victim or the representative of the Public Prosecutor ' s Office may request the reopening of the investigation.

Article 35.- Suspension of the trial process. The suspension of the trial process shall be applied in any of the following cases:

(a) When the offence provides for a maximum of three (3) years ' imprisonment and the accused has not been sentenced to imprisonment or five (5) years after the expiry of the sentence;

(b) Where the circumstances of the case permit the suspension of the application of the sentence;

(c) Where the application of a non-custodial sentence is appropriate.

In the event of being a foreign person, it may also be applied if he has been caught in the scourge of an offence, under article 184 of this Code, which provides a custodial sentence, the minimum of which is not more than three (3) years ' imprisonment. The application of the procedure provided for in this article shall entail the expulsion of the national territory, provided that it does not violate the right of family reunification. The judicially arranged expulsion entails, without exception, the prohibition of re-entry which cannot be less than five (5) years or more than fifteen (15).

The accused may propose to the prosecutor the suspension of the trial. Such a proposal may be formulated until the completion of the preparatory phase, unless there is a change in the legal qualification, during the trial hearing, which will enable the application in that instance.

The agreement shall be made in writing, which shall bear the signature of the accused and his counsel and the prosecutor, and shall be presented to the judge who shall evaluate the rules of conduct applicable to the hearing.

There will be a hearing to which the parties and the victim will be summoned, who will discuss the rules of conduct to be imposed.

The control of compliance with the rules of conduct for the suspension of the trial proceedings shall be carried out by a specific judicial office, which shall be recorded on a regular basis on its compliance and shall inform the parties of the circumstances that may result in a modification or revocation of the institute.

The victim has the right to be informed about compliance with the rules of conduct.

If the accused fails to comply with established conditions, the representative of the Public Prosecutor ' s Office or the plaintiff shall request the judge for a hearing for the parties to issue their grounds on the continuity, modification or revocation of the trial. In case of revocation the procedure will continue according to the general rules. The suspension of trial shall also be reversed if the accused is convicted of an offence committed during the suspension period.

Foreign nationals on a regular basis may apply for a rule of conduct in the country.


Article 36.- Obstacles founded on constitutional privilege. In cases where the representative of the Public Prosecutor ' s Office decides to formalize the preparatory investigation against a legislator, official or magistrate subject to disapproval, removal or political trial, it must be conducted in accordance with the provisions of the laws sanctioned for this purpose.


Article 37.- Exceptions. The parties may object to the following exceptions:

(a) Lack of jurisdiction or competence;

(b) Lack of action, because it could not be promoted, was not lawfully initiated or cannot be pursued;

(c) Extinction of criminal or civil action.

If two (2) or more exceptions occur, they must be filed jointly.

Article 38. Transmit. The exceptions will be deducted orally in the hearings. The party who has offered proof will be responsible for his presentation. Judges will resolve only with the evidence presented at that time.

Article 39. Effects. If the lack of action is declared, the case will be filed unless the process can continue with respect to another defendant.

If there is a lack of jurisdiction or competence, the judge shall refer the proceedings to the corresponding jurisdictional body.

If the extinction of criminal prosecution is declared, the dismissal will be decreed or the demand will be rejected, as appropriate.


Article 40. Civil action. Civil action for the reparation or compensation of the damages caused by the offence may be exercised only by the injured party or his heirs, within the limits of the heirs ' share, or by the legal representatives or officials thereof, against the perpetrator and the participants of the offence.

Article 41.- Exercise. Civil action may be exercised in criminal proceedings, in accordance with the rules established by this Code.

Article 42. Civil action (conditions). In order to exercise the emerging compensatory action of the offence, its owner shall be a plaintiff and exercise it against the accused in conjunction with criminal proceedings.


Article 43. Jurisdiction. Criminal jurisdiction is exercised by jurisdictional bodies instituting the National Constitution and the laws in this regard. It is improbable and extends to all cases where Argentine criminal law is applicable.

Article 44.- Competition. Extension. The territorial competence of the judges of the trial may not be objected or modified on an informal basis upon the adjournment of the hearing.

Judges with jurisdiction to try more serious crimes cannot be declared incompetent with respect to the trial of minor offences if this was warned during the trial.

Article 45.- Competition rules. The following rules shall be observed in determining the territorial competence of judges:

(a) The judge shall have jurisdiction over offences committed within the judicial district in which he or she exercises his or her functions;

(b) In the event of a continuing or permanent offence, it shall be the case of the judicial district in which the continuation or stay ceased;

(c) In case of doubt or if the place of the act was unknown, the judge who intervened first shall be competent.

Article 46. Prelation. Several Processes. If a person is charged with two or more offences whose knowledge corresponds to different judges, the proceedings shall be handled simultaneously and resolved without regard to any priority order. If the simultaneous trial affects the right of defence, the federal justice will have priority.

Article 47.- Material competence. The Act on the Organization and Competence of Federal and National Criminal Justice shall establish jurisdiction over matters, judicial districts, the scope of federal jurisdiction and those of national jurisdiction over crimes that have not yet been transferred to the Justice of the Autonomous City of Buenos Aires.

Article 48. Incompetence. In any state of the proceedings, except the exceptions provided for in this Code, the judge who acknowledges his incompetence shall refer the proceedings to which he considers competent and shall make available the detainees.

If the judge who receives the proceedings does not accept them, he will refer them to the judge with the appropriate review function to resolve the conflict.

If there is a conflict with a local or national court, it shall be referred to the appropriate court according to the judicial cooperation agreements of the Magistracy Council. If there is no agreement, the matter shall be referred to the Supreme Court of Justice of the Nation.

Article 49.- Effects. The emergence of a matter of competence will not suspend the preparatory stage or the proceedings of the prosecution control hearing, but the final decisions.

The declaration of territorial incompetence will not result in the invalidity of the acts of the preparatory investigation already completed.

Article 50.- Competition during the investigation. When the Public Prosecutor ' s Office jointly investigates crimes committed in different judicial districts, the district judge will understand the most serious fact or where the main investigation is being conducted, except if the accused objected because the exercise of the defence is hindered or procedural delays are made.

Article 51.- Union and separation of trials. The trials will take place in the judicial district where the events occurred. However, the parties may request their unification and the judge shall decide to perform separately or jointly, as appropriate by the nature of the cases, to avoid procedural delay or to facilitate the exercise of the defence.


Article 52.- Jurisdictional bodies. They are jurisdictional bodies, in cases and forms determined by law:

(a) Judges with review functions;

(b) Judges with trial functions;

(c) Courts of Jury;

(d) Judges with security functions;

(e) Judges with enforcement functions.

Article 53.- Judges with review functions. Judges with review functions shall be competent to hear:

(a) In the conduct and resolution of the objections, in accordance with the provisions of this Code;

(b) In competition conflicts;

(c) In the procedure of excuse or challenge of judges;

(d) Complaints for delays of justice;

(e) In reviewing firm convictions.

Article 54.- Judges with trial functions. Judges with trial functions shall be competent to know, on a one-person basis:

(a) In the conduct of the trial in the crimes of private action and in all those who are not repressed with a custodial sentence;

(b) In those repressed crimes with a custodial penalty, if the representative of the Public Prosecutor ' s Office purported to be less than six (6) years.

When the estimated penalty requirement is more than three (3) years and less than six (6), the accused may request the intervention of three (3) judges.

If the representative of the Public Prosecutor ' s Office required a sentence of more than six (6) years, three (3) judges will be involved in the oral trial.

Article 55.- Judges with guarantees. Judges with security duties shall be competent to hear:

(a) In the control of the investigation and all jurisdictional decisions to be taken during the preparatory phase, as well as in the control of the prosecution;

(b) In the abbreviated procedure when full agreements are submitted;

(c) The suspension of the trial.

Article 56.- Judges with performance functions. Judges with enforcement functions are responsible for:

(a) To ensure that all constitutional guarantees and international human rights instruments are respected in the treatment of convicted persons and persons subject to security measures. In cases where he or she is aware of the violation of a guarantee in relation to a person subjected to pretrial detention, he or she shall immediately notify the judge who ordered the measure;

(b) Control the effective enforcement of convictions;

(c) To resolve all situations arising during the execution of the punishments and measures for the treatment or education, as well as those relating to the expulsion of aliens in an irregular situation in the country;

(d) To resolve the challenges against the decisions of the prison administration;

(e) Regular visits to establishments where persons deprived of their liberty are at their disposal;

(f) To leave without effect a penalty or modify the conditions of its compliance when a more benign criminal law enters into force;

(g) To carry out the unification of convictions or penalties for the execution of the sentence.

Article 57.- Judicial office. Judges will be assisted by a judicial office whose composition and functioning defines the Law on the Organization and Competence of Federal and National Criminal Justice. Its director or head shall be responsible, without prejudice to the powers and interventions of the judges provided for in this Code, to organize the hearings, to organize all administrative matters concerning the jurors, to issue the decrees of mere procedure, to order the communications, to guard the objects abducted in the appropriate cases, to update the records and statistics, to direct the auxiliary staff, to inform the parties and to collaborate in all the material work required by the judges.

To this end, you must create a judicial folder where you will be able to operate for each of the cases, under the principle of deformalization.

The delegation of jurisdictional functions to the judicial office will render the proceedings invalid and will be considered a serious and causal failure to perform.


Article 58.- Recusation. Principle. The parties may challenge the judge if they invoke any serious and reasonable grounds for the possibility of bias.

The parties may also invoke any of the grounds provided for in article 59 or other analogous or equivalent.

Article 59.- Excluding. Reasons. The judge must withdraw from the knowledge of the case:

(a) If he intervened as an accuser, counselor, representative, expert or technical consultant, whether he denounced the act or met him as a witness, or whether he gave recommendations or issued an opinion on the case outside the proceedings;

(b) If he intervened during the preparatory investigation or in the procedure for the control of the prosecution, he may not intervene in the trial; if he delivered the contested decision, he may not intervene in the procedure that the challenge is made, nor in his decision;

(c) If in the case the spouse, convivor or relative intervened within the third degree of consanguinity or adoption, and second of affinity, who has been his guardian, curator or guardian or who is or has been under his or her guardianship, guardian or guardian;

(d) If he or any of the persons referred to in subparagraph (c) are interested in the case or have pending trial, community or society with any of the persons concerned, except that it is an anonymous company whose actions are held in the stock market;

(e) If he or any of the persons referred to in subparagraph (c) received or receive significant benefits or are creditors, debtors or trustees of any of the persons concerned, except that they are State institutions or financial entities, or if, after the commencement of the proceedings, the judge has received gifts or gifts from any of the persons concerned, even if they are of little value;

(f) If, before the commencement of the proceedings, he had intimate friendship or enmity manifested with any of the persons concerned, whether he denounced or accused any of them or was accused or denounced by any of them, even in accordance with the procedure for disapproval or dismissal, unless subsequent circumstances demonstrate harmony between them;

(g) If circumstances mean that, by their gravity, affect their independence and impartiality.

The judge in any of the reasons set out in subparagraphs (a), (b), (c), (d), (e) and (g) shall immediately denounce him, not knowing his situation with respect to the case, and depart from the knowledge and decision of the respective proceedings.

In the case of subparagraph (f), the judge may, at his sole discretion, omit the deviation, without prejudice to informing the parties concerned about the situation in which he is present.

Article 60.- Proof of excuse. The judge to be excused shall refer the proceedings of excuse, by a well-founded decision, to whom it should be replaced. The latter shall take notice of the priors immediately and shall have the procedure to be followed, without prejudice to the reference to the judge with review functions, if he finds that the excuse is unfounded. The matter will be resolved without further action.

Article 61.- Procedure of recusal. In the formulation of the challenge, the reasons and the relevant evidence shall be indicated in writing, subject to inadmissibility.

The recusal shall be formulated within three (3) days of the reasons on which it is founded, unless it is warned during the hearings, in which case it must be raised in the same act. The planting will be substantiated and resolved in audience.

The resolution of the excuse referred to in the preceding articles will not prevent the processing of the challenge for the same reason.

If the judge admits the challenge, he will apply the procedure for the excuse. Otherwise, it shall refer the recusal and the determination to the judge with review functions, who shall resolve the matter within seventy-two (72) hours.

Article 62.- Effects. An excuse or acquittal, the excused or challenged judge may not perform any act in the proceedings. Although the reasons for such cases were subsequently ignored, the intervention of the new judges would be final.

The judge who omits to depart when there is a reason to do so or does so with a notorious lack of grounds shall be in serious and causal misconduct, without prejudice to the application of article 122 if it corresponds in accordance with the circumstances in which the conduct referred to takes place.

The presentation of manifestly unfounded or dilatory complaints shall be considered a serious professional fault, which shall be communicated immediately to the superior officer or to the corresponding Bar Association.


Article 63.- Denomination. It is called imputed to the person to whom the authorship or participation of an offence is attributed in accordance with the provisions of this Code.

Article 64.- Rights of the accused. Any accused shall be assured of the guarantees necessary for his defence, for which the authorities concerned shall inform him of the following rights:

(a) To be informed of the reasons for its arrest or detention, the authority which has ordered it, giving it if a copy of the court order issued against it, and of being brought before a judge, without delay, to decide on the legality of the court;

(b) To request that his arrest or detention be immediately communicated to a relative or person of his or her trust, association or entity; if the accused exercises this right, the production of the notice and the result obtained shall be recorded; if the person apprehended or detained is a foreigner, he or she shall be informed that he or she may request that his or her situation be communicated to the diplomatic representative of the State of his or her nationality, to whom he or her interest is also known;

(c) To remain silent, without this being valued as an admission of the facts or as an indication of guilt;

(d) To be assisted from the first act of the procedure by the defender of his choice or by one proposed by a person of his or her confidence, or, failing that, by a public defender;

(e) To interview his or her defence counsel in a free, private and confidential manner, in particular in the prior opportunity for any act requiring his or her intervention;

(f) To make a statement, if desired and detained, within seventy-two (72) hours of the measure;

(g) To appear before the representative of the Public Prosecutor ' s Office or the judge, to be informed and heard of the facts alleged to him;

(h) To declare as many times as you wish, with the presence of your defender, what you will be told whenever you wish to do so;

(i) Unless they are subjected to techniques or methods that induce or alter their free will or to measures contrary to their dignity;

(j) That no means be used to prevent the free movement of his or her person in the place and during the conduct of a procedural act, without prejudice to the monitoring measures that the judge or the representative of the Public Prosecutor ' s Office deem necessary in special cases and his or her prudent arbitrio;

(k) To access all information available from the moment it is informed of the existence of the process, as provided for in this Code.

In all cases, there will be a fruitful record of the fulfilment of the duty of information set out in this article.

Article 65.- Identification and domicile. From the first act in which the accused intervenes, he will be identified by his personal data, particular signs and digital prints, through the respective technical office. If this is not possible, the identification of witnesses shall be carried out in the manner provided for by the examinations and other means deemed appropriate.

The doubt about the data obtained will not alter the course of the procedure and the errors on them may be corrected at any time.

In its first intervention, the accused must report his/her real home and establish his/her procedural address; later, he/she will keep these data updated.

Article 66.- Alleges inimputability at the time of the fact. If it is presumed that the defendant, at the time of the commission of the act, suffered any mental alteration that would prevent him from understanding the criminality of the act or directing his actions, his rights on the part will be exercised by the particular defender or, failing that, by the public defender, with the reasonable support and adjustments necessary, with communication to the curator, if any.

If the accused is under eighteen (18) years of age, his rights may also be exercised by his parents or guardian, without prejudice to the intervention provided for in the Organic Law of the Public Prosecutor ' s Office.

In the event that the dismissal for inimputability is rendered, the case must be discussed in the order set out in article 236 above. If applicable, civil justice will be intervened to ensure that, if necessary, it is resolved on the measures for the protection of rights that are in accordance with the specific legislation on mental health.

Article 67.- Overcoming mental suffering. If a mental condition that restricts the accused ' s ability during the proceedings is over, the judge shall establish such reasonable support and adjustments as may be necessary, including the establishment of special time-frames for the development of the proceedings, as at the time when it occurs, without prejudice to the fact that the acts for the investigation of the event do not require their presence or the other accused are prosecuted.

The civil judge and the individual defence counsel shall be informed, or, failing, to the public defender, of the situation of the accused, so that, if necessary, the rights protection measures corresponding to the specific legislation shall be resolved.

Article 68.- Rebellion. The accused shall be declared in absentia that he does not appear to be summoned without justification, the establishment or place where he is detained shall be disobeyed by an arrest warrant or absent from the house reported without justification.

The statement of rebellion and the arrest warrant, if any, shall be issued by the judge at the request of the representative of the Public Prosecutor ' s Office.

The statement of rebellion shall not suspend the investigation or the resolutions to be issued until the filing of the indictment.

When the rebel appears or is placed at the disposal of the authority requiring it, the orders issued and their inscriptions shall be terminated; a hearing shall be convened within a period not exceeding seventy-two (72) hours and after hearing the defendant, the representative of the Public Prosecutor ' s Office and the plaintiff, if he appears, the judge shall immediately decide on the proceeding of the measures requested. The process will continue according to its status.


Article 69.- Freedom to testify. The summons to the accused shall not be intended to obtain a statement on the fact that he is charged, but he shall have the freedom to declare as many times as he may wish.

During the preparatory investigation, you may declare orally or in writing to the representative of the Public Prosecutor ' s Office or to the intervening judge. During the trial stage, at the time and forms provided for by this Code.

The defendant ' s statement shall be of value only if he makes it in the presence of his or her counsel or, if it is written, if he or she bears the signature of the accused.

If the defendant ' s statement is made orally before the representative of the Public Prosecutor ' s Office, a record shall be broken on it, which shall reproduce, as faithfully as possible, all that happens in the respective act and the replies or statements of the accused with his own words; in this case, the act shall end with the reading and signature of the record by all the persons concerned.

If the accused refuses to sign the record, the reason will be expressed.

The record may be replaced, in whole or in part, by another form of registration; in that case, the representative of the Public Prosecutor ' s Office shall determine the appropriate safeguard to ensure its inalterability and future individualization.

If by physical impossibility the accused could not hear or express himself or herself orally, or did not understand the national language, he or she shall have the right to designate his or her own translator or interpreter, but if he or she does not designate it, he or she shall be provided with one at the expense of the State, to transmit the content of the act or the hearing.

Article 70.- Development. Prior to the commencement of the declaration, the accused shall be warned that he has the right to declare and to refrain from doing so in whole or in part, without this being used for his injury, and shall be informed of the other rights to which he is entitled.

He will then be informed of the fact that he is attributed in a clear, precise and circumstantial manner, the contents of all the existing evidence, which will be made available to him along with all the collected proceedings, and the description of the applicable provisional legal qualification. Immediately, the accused may declare any appropriateness to the fact attributed to him and indicate the means of proof of discard.

The parties may address the questions they deem appropriate.

Article 71.- Prohibited methods. In no case shall the accused be required to oath or promise to speak truth, nor shall he be subjected to any kind of force or coercion. Any measure affecting the freedom of decision, will, memory or understanding of the accused is prohibited.

Suggestive or capturing questions will not be allowed, and the answers will not be demanded peremptoryly.

If for the duration of the act there are signs of fatigue or lack of serenity in the accused, the statement will be suspended until they disappear.

Article 72.- Police colleges. The police cannot question the defendant. You may only require your identity data if you are not sufficiently individualized.

If the accused expresses his wish to declare, the representative of the Public Prosecutor ' s Office will be informed immediately.

Article 73.- Review. The non-observance of the precepts relating to the statement of the accused shall prevent its use against him, even if he had given his consent to violate any rule.


Article 74.- Right of choice. From the first performance of the proceedings and to the full execution of the judgement, the accused shall have the right freely to designate one or more defenders. If he does not, the representative of the Public Prosecutor ' s Office shall request the name of a public defender, or the judge shall proceed to do so. In any event, the appointment of the defence counsel shall take place before the first hearing to which the accused is summoned.

If the accused is deprived of liberty, any person of his or her confidence may propose the appointment of an ombudsman, which shall be brought to the attention of the defender immediately for ratification.

In the meantime, the Public Defender will be given an intervention, which must be immediately informed of the accusation.

If the accused prefers to defend himself personally, the judge will authorize him when it does not harm the effectiveness of the defence and does not hinder the normal conduct of the proceedings; otherwise he will be appointed by a public defender.

In any case, the performance of a technical defender does not inhibit the defendant ' s right to make proposals and claims on his own.

The designation of the defendant ' s defence counsel shall, unless expressed in contrast, import the granting of a mandate to represent him in civil action, which shall remain until he is revoked.

Article 75.- Appointment. The appointment of the defender shall not be subject to any formality. The accused may designate the defenders he deems appropriate, but he will not be defended simultaneously for more than two in the oral hearings or in the same act. If several defenders intervened, the communication to one of them will be valid for all.

In all cases, the human rights defender shall have the right to know the proceedings, prior to the acceptance of the position, except where the legajo is reserved. Once the charge is accepted, it shall constitute a domicile.

During the course of the proceedings, the accused may designate a new defender, but the former will not be separated and will not be able to waive the defence until the appointed person accepts the position.

The exercise of the position of a defender shall be compulsory for those who accept it, except for a substantial excuse.

For the exercise of their functions, the defenders shall be admitted immediately and without any formalities, by the police or intervening security force, the representative of the Public Prosecutor ' s Office or the judge, according to the case.

The civil actor and the civil defendant will act in the process personally or by the president, but always with legal sponsorship.

Article 76.- I quit. In no case can the defendant ' s particular defender abandon the defence and leave his client without a lawyer. If he does so, his immediate replacement will be provided by the public defender unless the accused appoints a new lawyer of his confidence. Until then he will be obliged to continue in the performance of the post and cannot be reappointed in the same case.

If the abandonment occurs shortly before or during the debate, the new defender may request a maximum extension of up to ten (10) days for the initiation or resumption of the hearing. The debate may not be suspended again on the same grounds, even if the judges granted the intervention of another particular defender.

The abandonment of defenders or leaders of the civil parties will not suspend the process.

Article 77.- Sanctions. The abandonment of defence, untimely renunciation and the lack of expression of contradictory interests among more than one assisted will constitute a serious fault, which will be communicated immediately to the Bar Association.

The unjustified breach of obligations by the Public Defender shall be immediately communicated to the Ombudsman.


Article 78.- Victim quality. This Code considers a victim:

(a) The person directly offended by the offence;

(b) To the spouse, cohabitant, heirs, guardians or guardians in the offences resulting from the death of the person with whom such a link is concerned, or if the offender has suffered a psychic or physical affectation that prevents him from exercising his rights;

(c) Members, in respect of offences affecting a society committed by those who direct, administer, manage or control it;

(d) Associations or foundations, in cases of crimes against humanity or serious human rights violations, provided that their statutory object is directly linked to the defence of the rights which they consider to be injured and are registered under the law;

(e) People who originate in crimes that involve discrimination against any of their members, genocide or directly affect their constitutionally recognized collective rights.

Article 79.- Rights of victims. The victim shall have the following rights:

(a) To receive decent and respectful treatment and to minimize the discomfort arising from the procedure;

(b) To respect their privacy insofar as it does not obstruct the investigation;

(c) To require protective measures for their safety, that of their families and that of witnesses who testify in their interest, through the competent bodies; and to be assisted in a specialized manner in order to promote their psychological, physical and social recovery;

(d) To intervene in criminal proceedings in accordance with the provisions of this Code;

(e) To be informed of the results of the proceedings;

(f) To review documents and proceedings, and to be orally informed about the status of the proceedings and the situation of the accused;

(g) To provide information during the investigation;

(h) To be heard before each decision involving the extinction or suspension of criminal proceedings, whenever expressly requested;

(i) To be notified of resolutions that may require review;

(j) To require a review of the dismissal, the archive, the application of an opportunity criterion or the dismissal, requested by the representative of the Public Prosecutor ' s Office, even if it had not intervened in the proceedings as a plaintiff;

(k) To participate in the process as a plaintiff. The victim shall be informed of his or her rights when he or she lodges the complaint or in his or her first intervention in the proceedings.

Article 80.- Technical advice. For the exercise of their rights, the victim may designate a trusted lawyer. If you do not do so, you will be informed that you are entitled to technical assistance and will be referred to the victim assistance office, as provided for in the Organic Law of the Public Prosecutor ' s Office.

Article 81.- Special advice. The victim may request that his or her rights and powers be exercised directly by a registered association in accordance with the law, protection or assistance to victims, defence of collective or diffuse interests, defence of human rights or specialized in actions of public interest, if it is more appropriate for the defence of his or her interests. Formalized the delegation, these associations shall exercise all the rights of the victim, to whom they shall keep informed.


Article 82.- Form and content of the complaint. The claim to be a complaining party shall be formulated in writing, with legal aid, in personal form or by special president who shall add the power and shall contain:

(a) Identity, domicile and signature data of the plaintiff and, where appropriate, also of the president;

(b) Identity and domicile data of the defendant or, if ignored, any description that may be used to identify him;

(c) A clear, precise and circumstantial relationship of the fact, indicating the place and the time at which it was executed;

(d) The evidence to be provided, indicating, where appropriate, the data to enable the production to be carried forward. Where witnesses or experts are concerned, in addition to personal data and domicile, the points on which they are to be examined or required shall be indicated;

(e) Accreditation of the extremes of personry, if any.

The presentation must be accompanied by a copy of the writing for each complaint. If any of the requirements set out in this article are omitted, the person who made the submission must be inestimated to correct the error or omission within three (3) days, subject to the notice of inadmissibility.

Article 83.- Opportunity and unity of representation. The complaint shall be made to the representative of the Public Prosecutor ' s Office in the preparatory investigation. If the representative of the Public Prosecutor ' s Office considers that the person concerned is not entitled to act as a plaintiff, he must request the judge to decide on the matter.

If the constituted plaintiffs are several, and there is an identity of interest among them, they shall act under one representation, which shall be ordained ex officio if they do not agree. The unit of representation between individuals and entities of the public sector, associations or foundations shall not be carried out, except for the complaints agreement.

Article 84.- Disruption. The plaintiff may desist from his intervention at any time, being bound by the costs that his action has caused.

It shall be deemed to have waived its intervention in the following cases:

(a) Failure to provide testimony or to perform any test measures for the production of which its presence is required;

(b) If I do not make an indictment on the legally envisaged procedural opportunity;

(c) If it does not attend the debate hearing or does not present conclusions.

In cases of incomparency, the existence of a fair cause must be credited. The withdrawal shall be declared by the judge on request.


Article 85.- Self-contained plaintiff. In the offences of public action, the victim or his legal representative may prosecute or intervene in the case already initiated by the representative of the Public Prosecutor ' s Office.

The victim ' s participation as a plaintiff shall not alter the powers granted by law to the representative of the Public Prosecutor ' s Office, nor exempt him from his responsibilities.

Public sector entities may be complaining under the laws and regulations that enable it.


Article 86.- Private criminal action. Any person who is deemed to be offended for a private offence shall have the right to file a complaint and to jointly exercise compensatory civil action. In the event of crimes of private action to the detriment of an incompetent person, the complaint may be filed by his legal representative.

In the event that counsel fulfils the capacity of a representative, he or she may directly exercise the powers of the plaintiff, except those of a personal nature or where there is an express reservation in the law or in the mandate.

They shall likewise govern the rules for the defendant ' s counsel.

Article 87.- I quit the complaint. In addition to the general cases provided for in this Code, the complaint of private action shall be considered abandoned in the following cases:

(a) If the plaintiff does not initiate the proceedings for thirty (30) days;

(b) If the plaintiff did not attend the conciliation hearing without just cause;

(c) If the plaintiff died or incapacitated, the proceeding which is authorized to do so by law should not be continued within sixty (60) days of death or disability.


Article 88.- Functions. The Public Prosecutor ' s Office is responsible for investigating crimes and promoting public criminal proceedings against perpetrators and participants.

He is responsible for the burden of proof and must prove in the oral and public trial the facts underlying his accusation. It has an obligation to motivate its requirements and resolutions.

All State public units are obliged to provide prompt, effective and complete cooperation to the requirements of the representative of the Public Prosecutor ' s Office in carrying out their functions, subject to the perceived responsibilities provided for in the Act.

The distribution of the functions of the members of the Public Prosecutor ' s Office shall be carried out in accordance with the rules governing their exercise, with a view to specializing in criminal investigation and prosecution through thematic prosecutors ' offices responsible for the cases falling within their jurisdiction.

Article 89.- Inhibition and recusal. The representative of the Public Prosecutor ' s Office shall be inhibited and may be challenged if there is any serious and reasonable reason that affects objectivity in its performance.

Recusal and inhibition issues will be resolved by the judge before whom the accused or the person whose inhibition is concerned acts.


Article 90.- Duties. The police and other security forces shall:

(a) To receive complaints;

(b) Interviewing witnesses;

(c) To safeguard the place of the act and to ensure that the traces and instruments of the offence are preserved;

(d) Seize documents and any material that may serve the investigation, when permitted;

(e) Custody of the abducted elements, giving due account of the measures taken to preserve the chain of custody;

(f) To record the status of persons, things and places, through inspections, plans, photographs, video footage, technical examinations and other operations that advise the investigation;

(g) To conduct the proceedings aimed at the individualization of the perpetrators and participants of the offence by the representative of the Public Prosecutor ' s Office;

(h) Recheck the data used for the identification of the accused, with the limits established by this Code;

(i) Assist victims and protect witnesses;

(j) To collect all urgent information that may be useful to the representative of the Public Prosecutor ' s Office;

(k) To effect the arrest, detention or incommunicado detention of persons in authorized cases by informing them of their rights immediately and understandably;

(l) Execute searches and searches when permitted.

Article 91.- Coordination. The Public Prosecutor ' s Office shall issue the general instructions necessary to coordinate the work of the security forces in order to achieve greater effectiveness in the investigation of crimes.

On his or her own initiative or at the request of a party, he or she shall depart the security forces involved in the investigation when the facts investigated or their circumstances arise that members of the security forces may be involved in such acts.


Article 92.- Constitution partly. In order to exercise the emerging civil action of the crime in the criminal proceedings, the incumbent must be a civil actor.

Persons who have no capacity to stand trial may not act if they are not represented, authorized or assisted in the forms prescribed for the exercise of civil actions.

Article 93.- Demands. If there are several defendants and civilly sued in the proceedings, the action may be directed against one or more of them.

But if it were against the second, it must also be directed against the first.

If the actor does not mention any defendant, it will be understood that he is directed against all.

Article 94.- Shape. Opportunity and formality. The constitution of a civil party may be made personally or by a person, before the indictment is filed, by means of a writing containing the personal conditions and the legal domicile of the actuator, to which proceedings are concerned and the reasons for the proceedings. The non-observance of the requirements shall render the request inadmissible.

The opportunity and process of the constitution is governed by articles 82 and 83.

If the intervention of the civil actor is rejected, he will be condemned for the costs of the incidence.

Article 95.- Demand. The civil actor must make his claim and offer the evidence within five (5) days of the indictment.

The demand shall be formulated in writing, with the formalities required in the Code of Civil and Commercial Procedure of the Nation and shall be communicated immediately to the civilly defendant.

Article 96.- Disruption. The actor may desist from the action in any state of the process, being bound by the costs that his intervention has caused.

Disruption imports renunciation of civil action. You'll have it for desistion if:

(a) Failure to fulfil its demand on the expected procedural opportunity;

(b) Regularly cited, do not appear at the prosecution control hearing without justified cause;

(c) Failure to attend the hearing of the oral trial or fail to present conclusions;

(d) To absent the hearing of the oral trial without the authorization of the judges.


Article 97.- Citation. Persons who under the civil law are liable for the damage caused by the offence may be cited to intervene in the proceedings, at the request of the person exercising the compensatory action.

Article 98.- Claim. Exceptions. Reconvention. The civilly sued must answer the demand and offer the proof within ten (10) days of the communication. In the same period, it may object to the civil defences and exceptions it deems relevant and to reconvene.

The form and procedure shall be governed by the Civil and Commercial Proceedings Code of the Nation, with the exception of the periods to be in all cases of three (3) days.

Article 99.- Insurer warranty. The civil actor and the civil defendant may apply for the insurance summons.

The intervention of the insurer shall be governed by the rules governing that of the civil respondent as soon as they are applicable, and may object to all the defences which the law grants.


Article 100.- Language. The national language shall be used in all procedural acts. In case of corresponding, accessible format and language will be used. If any of the persons involved in physical impossibility could not hear or understand it, a translator or interpreter must be appointed and/or have the necessary support to ensure their understanding and proper communication. Where the person is not expressed in the national language, as far as possible, it will be recorded in both versions.

Article 101.- Day and time of fulfillment. Procedural proceedings shall be carried out in working days and hours, without prejudice to the powers provided by the judge.

The acts of the investigation, with the exceptions expressly provided, may be carried out on any day and time.

Article 102.- Place. Representatives of the Public Prosecutor ' s Office and judges may be constituted anywhere in the territory of the Argentine Nation or in places under their jurisdiction for the conduct of the acts proper to their function.

Article 103.- Registration. The acts of the process may be recorded in writing, using images, sounds or other equivalent technological support, all forms of editing, processing or modification of the records are prohibited.

Its authenticity and inalterability must be ensured.

When recordings of images or sounds are used, the original must be reserved in conditions that ensure its inalterability until the debate, without prejudice to obtaining copies that may be used for other purposes of the process.

The essential contents of the acts must arise from the same record and, if not possible, from a supplementary record.

Article 104.- Acts. Acts to be recorded in writing shall be documented in a record containing:

(a) The mention of the place, date, time and indication of the steps taken, as well as the summary of its contents;

(b) The signature of all those who participated in the act, showing the reasons for the one who does not sign it, or of the one who does so, or as a witness of acting.

The omission of these formalities only deprives of effects to the record or renders its contents invaluable when they cannot be submitted with certainty on the basis of other evidence.

Police officers or other security forces who are required to register definitive or irreproducible acts, such as kidnappings, eye inspections, personal searches and searches, will be assisted by two (2) witnesses who may not belong to the same force that intervened in the act.

In no case may the undersixteen (16) years be witnessed, nor those who present obvious signs of alteration of their psychic powers.


Article 105.- Jurisdictional resolutions. Jurisdictional resolutions shall include:

(a) The day, place and identification of the process;

(b) The object to be decided and the requests of the parties;

(c) Decision and motivation;

(d) The signature of the judge.

Jurisdictional resolutions requiring a prior debate or the production of evidence shall be adopted at a public hearing, with the uninterrupted assistance of the judge and the parties, guaranteeing the principle of orality, contradiction, advertising, immediacy and simplicity. The judge shall not be able to perform the activity of the parties, and shall be subject to what they have discussed. The fundamentals of the decisions will be duly recorded in audio or video support, giving copies to the parties.

Jurisdictional resolutions shall express the basis of fact and law on which they are based.

The substantiation may not be replaced with the simple relation of documents, invocation of party requests, dogmatic affirmations, ritual expressions or moral appeals.

Article 106.- Mere decisions. Procedural decisions shall be signed by those responsible for the judicial office or the Public Prosecutor ' s Office, if deemed strictly necessary.

Article 107.- Clarification. Within the period of three (3) days of notification of the resolutions, any material error or omission contained in the resolutions may be rectified, of course or at the request of a party, or to clarify or explain the fundamentals, provided that this does not matter an essential modification. The clarification instance shall suspend the term to lodge any objections.


Article 108.- General principles. Proceedings shall be fulfilled within the time limits set forth in this Code.

The legal and judicial deadlines will be peremptory and will expire on the twenty-four (24) of the last day. If the term fixed expires after working hours, the act to be fulfilled in the period of two (2) first hours of the next working day.

The time frames determined by hours will begin to run immediately after the event that sets its initiation without interruption.

The deadlines determined by days will begin to run the following day of your communication. For this purpose, only working days and hours shall be computed, unless the law expressly provides otherwise or refers to precautionary measures, in which days and hours shall be computed.

The common deadlines will begin to run from the latest communication to the stakeholders.

Article 109.- Extension. The parties may agree on the extension of the deadlines. The party to which a time limit has been established may waive it or abbrevise it by express manifestation of will, which should be joint if the time limit is common.

Article 110.- Replacement of time. The parties may request full or partial replenishment of the period, if by default of the communication, for reasons of force majeure or fortuitous case, they could not observe it.

Article 111.- Judicial time. In cases where the law permits the establishment of a judicial period, the judge shall fix it in accordance with the nature of the procedure and the importance of the activity to be performed, taking into account the rights of the parties.

Article 112.- Time to resolve. The judicial decisions shall be deliberate, voted and delivered immediately after the end of the hearing without interruption, except if the parties agree on a different time in order to the complexity of the matter to be resolved.

Issues that do not require hearing shall be resolved within three (3) days, provided that the law does not provide for another period.


Article 113.- Maximum duration. Without prejudice to the special procedures, any process shall have a maximum duration of three (3) years counted from the act of formalization of the preparatory investigation. The time required to resolve the federal extraordinary remedy will not be computed for this purpose. Rebel or suspension of proceedings for any of the cases provided for in the Act shall suspend the period referred to above.

Failure to comply with the deadline set out in the preceding paragraph will involve the judge and the representative of the Public Prosecutor ' s Office in serious and causal misconduct.

Article 114.- Complain for delay of justice. If the judge does not issue the corresponding ruling within the time limits provided for in this Code, the person concerned may promptly order the office and if within forty-eight (48) hours he/she does not obtain it, he/she may file a complaint for a delay in justice. The judge, with a brief report on the reasons for his delay, shall immediately refer the proceedings to the judge with review functions, so as to resolve the appropriate.

The judge with review functions shall decide directly on the request or place the judge to do so within 24 hours of return. If the judge insists not to decide, he will be replaced immediately, without prejudice to the corresponding responsibility.

Article 115.- Delay of judges with review functions. If judges with review functions do not resolve the challenge within the time limits set out in this Code, the prompt dispatch may be requested.

If in five (5) days there is no resolution, the judges will incur serious and causal misconduct.


Article 116.- Requirements. The judicial bodies and the Public Prosecutor ' s Office may directly require cooperation from other judicial or administrative authorities of the Nation, the provinces or the Autonomous City of Buenos Aires, as well as private entities, for the execution of an act or for obtaining information related to the process, setting a deadline for compliance. The recipients of such requirements shall promptly process the proceedings.

Applications for cooperation to judicial, administrative or private authorities in other jurisdictions of the country shall be submitted in accordance with the laws in force and the regulations in place.

If the request for cooperation is delayed or rejected, the requesting body may address the required authority ' s hierarchical superior, who, if appropriate, shall order or manage its processing.

If the requested entity is a private entity, the answer may be urged by setting pecuniary conminations.

Applications for legal aid to foreign authorities shall be forwarded by the way and in the manner prescribed by international treaties or customs, rules in force in the matter, and in the relevant manner according to the procedures established in the Organic Law of the Public Prosecutor ' s Office.

Article 117.- Joint investigations. If it is necessary to investigate facts carried out in more than one jurisdiction, the representative of the Public Prosecutor ' s Office may coordinate the investigation with the authorities of other jurisdictions. To this end you can form research teams.

Article 118.- Communications. General rule. The resolutions, the call for acts requiring the intervention of the parties or of third parties and requests for cooperation or reports shall be communicated to the appropriate person, within 24 hours after being issued or ordered, unless a lesser period is available. It should be ensured that:

(a) To transmit clearly, accurately and in full the content of the resolution or of the required activity and the conditions or deadlines for its implementation;

(b) Contain the necessary elements to ensure the defence and exercise of the rights of the parties;

(c) They sufficiently warn the accused or the victim if the exercise of a right is subject to a term or condition. Notwithstanding the established rules, the parties may expressly agree on an effective mode of communication in each case in accordance with the technical possibilities to which they have access.

Article 119.- Procedure. Communications available to judges or the Public Prosecutor ' s Office shall be made by the respective offices in accordance with the rules set out in the relevant laws.

The decisions taken during the hearings will be communicated at the same event.


Article 120.- Extradition in the country. Representatives of the Public Prosecutor ' s Office or judges shall request the extradition of accused or convicted persons who are in different jurisdiction in accordance with the conventions.

The request for extradition made by judges or representatives of the Public Prosecutor ' s Office in other jurisdictions shall be made by the judge of the residence of the requested person or by the person at whose disposal is present.

Article 121.- International cooperation. International cooperation shall be governed by existing international law and respective national laws.


Article 122.- General principles. They may not be valued for the founding of a judicial decision, or used as a budget thereof, of acts carried out in disregard of the rights and guarantees provided for in the National Constitution, in international human rights instruments and in this Code.

Nor may the acts performed with non-observance of the forms be valued, which impede the exercise of the right to judicial guardianship of the victim or prevent the exercise of the duties of the representative of the Public Prosecutor ' s Office.

Article 123.- Sanitation. All defects must be immediately healed, renewing the act, rectifying the error or fulfilling the act omitted, ex officio or at the request of the person concerned.

If invalidity is based on the violation of a security right established for the accused, the procedure may not be retrotracted to previous stages.

It will be understood that the act has been healed if, despite irregularity, it would have reached an end to all concerned.

Article 124.- Convalidation. The formal defects affecting the representative of the Public Prosecutor ' s Office or the victim are valid in the following cases:

(a) If the parties have not requested their sanitation while the act was performed or within three (3) days of practice and who requests it has not been present; if due to the circumstances of the act it has been impossible to notice the defect in a timely manner, the person concerned shall claim it within twenty-four (24) hours of notice;

(b) If they have accepted, expressly or tacitly, the effects of the act.

Article 125.- Declaration of nullity. If it is not possible to sanction an act or to deal with cases of convalidation, the judge must declare his nullity by expressly stating it in the respective ruling, ex officio or at the request of the party.

The invalidity of an act invalidates all the effects or consecutive acts that depend directly on it.

Article 126.- Hearing. Requests for sanitation or declaration of invalidity should be decided by the judge in court, with the intervention of all interested parties.


Article 127.- Probatory freedom. The facts and circumstances of interest may be proved for the correct solution of the case, by any means of proof, unless expressly prohibited by law.

In addition to the means of proof set out in this Code, others may be used, provided that they do not violate constitutional rights or guarantees and do not obstruct the control of the evidence by other parties.

Article 128.- Test rules. The collection and admissibility of the evidence shall be in accordance with the following procedural rules:

(a) The collection of evidence shall be carried out by the representative of the Public Prosecutor ' s Office who shall act under the principles of objectivity and good faith, and shall require a preliminary court order only in cases where this Code establishes it;

(b) The other parties may collect such evidence as they deem necessary and only appeal to the representative of the Public Prosecutor ' s Office if necessary. In the event of unjustified refusal, the competent jurisdictional body may be requested to order it. The evidence produced by the complaint shall be incorporated as an annex to the Ministry of Public Prosecutions ' legajo upon request; the defence shall have its own evidence;

(c) Judges may not, of course, incorporate any evidence;

(d) Only means of proof that are directly or indirectly related to the purpose of the process shall be useful and relevant to the resolution of the case and are not manifestly overcrowding; no evidence may be denied if the parties are satisfied for their production;

(e) If an act is filed as admitted by all parties, the jurisdictional body may dispense with the evidence provided, stating that it is checked in the opening of the trial; during the hearing provided for in article 246, the judge may bring the agreement between the parties if he considers that, according to the evidence provided, it is a notorious fact.


Article 129.- Inspection of the site of the event. Places and things may not be inspected unless there is sufficient and well-founded ground to presume that useful elements for the investigation will be found, in accordance with the rules set out in this Code.

From the diligence, a record will be broken which will be signed by two (2) witnesses who do not belong to the security force that carried out the procedure and additionally, by an appropriate means that guarantees their inalterability and fidelity. Under such formalities, it may be incorporated into the trial after those who have intervened in the proceedings have been interrogated by the parties and with the agreement of the parties.

The security forces shall be responsible for conducting the proceedings, without prejudice to the presence of the representative of the Public Prosecutor ' s Office in cases where the latter considers it appropriate.

In order to carry out inspections or searches, it may be ordered that in the course of the proceedings no one is absent or that any other person appears immediately.

Those who disobey may be compensated by the public force, as provided for in this Code. The restriction of liberty shall not last longer than SEIS (6) hours without seeking the order of the judge.

Article 130.- Requires. The judge shall order, on the request of a party and on the basis of a person ' s request, the inspection of the personal effects it carries with it, as well as the inside of the vehicles, aircraft or vessels, provided that there are sufficient grounds to presume that things related to a crime are concealed. The order must indicate the objects sought. Before proceeding to the inquiry, the person must be warned of the suspicion and the object sought, inviting him to exhibit it.

Requisas will be practiced separately, with a gender perspective, respecting personal prudence and dignity and, where appropriate, by health professionals.

The warning and inspection will take place in the presence of DOS (2) witnesses, who may not belong to the security force or any of the organs involved, except in the event of an urgent or impossibility of obtaining it, which must be accredited. The procedure and motives shall be recorded in the record which shall be signed by all the intervening persons and if the defendant does not subscribe to it, the case shall be indicated. The refusal of the person to be the subject of the inquiry shall not prejudice the person, except for the reasons justified.

Article 131.- Requisition without a warrant. The person may only be searched without a court order and inspect the personal effects he carries with him, as well as the inside of the vehicles, aircraft and vessels of any kind, in the face of the following assumptions:

(a) Existing preconditions that reasonably and objectively permit the presumption of concealment of things related to an offence;

(b) It is not possible to wait for the court order in the light of the danger that the evidence intended to be seized will disappear;

(c) Practicing on the public road, or in places of public access.

If appropriate, abductions shall be carried out in the manner provided for by this Code, and a record shall be broken, expressing the reasons, and the action must be communicated immediately to the representative of the Public Prosecutor ' s Office for appropriate action.

Article 132.- Registration of places. If there is reason to presume that in a particular place there are things related to the investigation of the offence or that there can be the arrest of the accused or of any person who has been evaded or suspected of having participated in a criminal act, the judge shall order, on the request of part and on the basis of a warrant, the registration of that place.

The representative of the Public Prosecutor ' s Office may avail himself of the public force and proceed personally or entrust the proceedings to the duly individualized official of the Public Prosecutor ' s Office or the police or other security forces which he deems appropriate.

Article 133.- House breaking. If the registration should be carried out in a place intended for a private room or residence or its closed units, the procedure should be carried out in daytime.

Exceptionally, in cases where there is a danger in the delay, it may take place at any time. Such extraordinary circumstances should be made explicit by the order provided.

The search shall be ordered by the judge and shall not be subject to the consent of the person inhabiting the place.

Article 134.- Allanamiento en otros locales. The provisions of the first paragraph of article 133 shall not apply to public buildings and administrative offices, meeting or recreation facilities, the association premises and any other closed place that is not intended for a particular room or residence.

In such cases, the persons in charge of the premises should be notified, unless this was harmful to the investigation.

For entry and registration at the Honorable Congress of the Nation, the judge shall notify the president of the respective Chamber.

If the entry and registration is to be carried out in a legal study, to the extent possible, notice shall be given, before the commencement of the registration, to the corresponding professional college of the respective jurisdiction, which may designate a representative to preside over the act and, if any, make comments to ensure respect for the professional secret.

Article 135.- No warrant search. Notwithstanding the provisions of the previous articles of this Title, the police or other security forces may proceed to search without prior court order if:

(a) The lives of the inhabitants or the property are threatened by fire, explosion, flooding or other havoc;

(b) Mediare denuncia, whose entity is credible according to the circumstances, that one or more persons have been seen while entering a house or premises with manifest indications of commission of an offence;

(c) Any suspects of an offence to whom they are prosecuted shall be brought into a house or premises;

(d) Voices coming from a house or premises seek relief or announce that a crime is being committed there;

(e) There are substantial suspicions that a victim of unlawful deprivation of liberty is found in a house or premises and that his life or physical integrity is imminently endangered; the representative of the Public Prosecutor ' s Office must authorize the measure.

The record should record the existence of any of the grounds of exception described in this article.

Article 136.- Transfer of authorization. Wherever this Code requires authorization for a test measure, the representative of the Public Prosecutor ' s Office shall require it in writing or in oral form, expressing:

(a) The specific determination of the place or places to be registered;

(b) The purpose of the registration, mentioning objects to kidnap or people to stop;

(c) The name of the representative of the Public Prosecutor ' s Office responsible for the control or execution of the measure, the reasons underlying its need and the available evidence that, prima facie, justify it;

(d) In their case, the reasons underlying the need to conduct the proceedings outside daytime;

(e) The signature of the representative of the Public Prosecutor ' s Office requiring authorization.

The judge may convene a unilateral hearing prior to the decision.

Article 137.- Judge's order. The judge shall examine the performance of the formal requirements and the reasonableness of the grounds underlying the request of the representative of the Public Prosecutor ' s Office.

The order shall be written and shall contain the identification of the investigation within which it is delivered, the detailed indication of the place or places to be registered, the purpose for which the registration shall be carried out, the day on which the measure shall be carried out and, if appropriate, the time permit and the description of the things to be abducted or detained, as well as of the authority to carry it out.

In serious and urgent cases, the communication of the order to which the search is entrusted may be carried out by electronic means or by any other appropriate means, with fruitful record of the mode of communication used and the identification of the receiver. The addressee of the order shall immediately notify the issuing judge and confirm that the data referred to in the second paragraph are correct. The digital signature can be used.

If the request is made by telephone, the judge shall require the representative of the Public Prosecutor ' s Office the requirements of article 136 and, if assembled, authorize the measure. Within 24 hours, the order issued must be recorded in writing.

Article 138.- Formalities for breaking. The search order will be communicated by giving a copy of it to the person who dwells or possesses the place where it is to be done or, when he is absent, to his or her manager or, in the absence of it, to any older person who is in the place, preferably to the relatives of the former. The officer in charge of the procedure shall be identified and invited to the notified to witness the registration. When no person is found, it will be recorded in the record.

If there is a clear risk for the safety of the witnesses of the procedure, it is necessary for the pre-trial authority to enter the place in advance, it will do so for the time strictly necessary to neutralize the danger. Explanatory evidence of the circumstances in the record shall be given.

Article 139.- Seized for registration. Proceedings shall be carried out with a view to affecting the right to privacy at least possible.

The registration shall be confined to the specific place on which the search object may be suspected and shall consist exclusively of the elements related to that purpose. If, in strict compliance with the search warrant, objects that prove the commission of a crime other than the one that motivated the order will be brought to the attention of the judge or representative of the Public Prosecutor ' s Office who, in the event of an appropriate assessment, will order his abduction.

The record will contain an explanatory record of the place and manner in which all the objects were found.

The record will be recorded in the record, with the expression of the circumstances useful for the investigation.

The record will be signed by the concurrents. If someone doesn't, the motives will be recorded.

Article 140.- Delivery of objects or documents. Anyone who has in his power objects or documents that may serve as a means of proof shall be obliged to present them and deliver them when they are required, the coercion measures permitted for the witness who refuses to testify are applicable.

If the objects required are not delivered, their abduction will be arranged. Persons who must refrain from testifying as witnesses are exempt from this provision.

Article 141.- Procedure for kidnapping. The standards for the search and registration will be applied for kidnapping. The kidnapped effects will be described, invented and placed in safe custody to avoid modification or replacement.

Copies, reproductions or images of objects may be made available when it is most appropriate for the investigation.

Article 142.- Objects not subject to abduction. They cannot be abducted:

(a) Communications between the accused and persons to refrain from testifying as witnesses;

(b) Notes that have been taken by those previously appointed on communications entrusted by the accused, or on any circumstances to which the right or duty to refrain from declaring is extended.

Article 143.- Interception. Wherever it is useful for the investigation of the offence, the judge may order, at the request of the party, the interception and abduction of postal, telegraphic, electronic or any other form of communication or any other effect referred by the accused or intended for it, even if it is on an assumed name.

It will proceed similarly to the search.

The intervention of communications shall be exceptional and may only be carried out for a period of up to thirty (30) days, and may be renewed, expressing the reasons that justify the extension of the period according to the nature and circumstances of the fact investigated.

The request shall indicate the time limit it deems necessary in accordance with the circumstances of the case. The judge will control the legality and reasonableness of the requirement and will resolve it well.

It governs the duty of confidentiality and secrecy for officials responsible for the intervention with respect to the information obtained by these means, except with respect to the authority required by it. Those who violate this duty shall incur criminal responsibility.

Companies that provide the communication service should enable immediate enforcement of the proceedings, subject to the expectation of criminal responsibility.

If the elements of conviction taken into consideration in order to order the measure disappeared, the duration of the measure has elapsed or the measure has reached its object, it must be immediately interrupted.

Article 144.- Data seizure. The judge may order the registration of a computer system or part thereof, or of a computer or electronic data storage medium, in order to kidnap the components of the system, obtain copies or preserve data or elements of interest for the investigation, under the conditions set out in article 129.

They will govern the same limitations for the abduction of documents.

The examination of objects, documents or the result of the interception of communications shall be carried out under the responsibility of the party requesting it.

Once the components of the system have been hijacked, or the copy of the data, the rules of opening and examining correspondence shall apply.

Reimbursement of non-processing components will be available and copies of data will be destroyed. The data subject may apply to the judge for the return of the components or the destruction of the data.

Article 145.- Opening and review. Kidnapping. Received the correspondence or intercepted effects, the representative of the Public Prosecutor ' s Office shall proceed to its opening. You will examine the objects and read the contents of the correspondence.

The representative of the Public Prosecutor ' s Office at a unilateral hearing will explain the grounds on which he seeks to maintain the kidnapping of objects related to the process. From the rest of the effects the judge will maintain the content reservation and will have the delivery to the recipient or to his or her representatives or next relatives, on record.

They will govern the limitations of kidnapping and preservation of the chain of custody.

Article 146.- Procedure for registration and maintenance. The interventions included in the previous articles of this Title will be recorded by means of magnetophonic or other similar technical means that ensure the fidelity of the record. The recording will be delivered or retained by the representative of the Public Prosecutor ' s Office, who will have the appropriate security measures, applying the precautions provided for the abduction and the chain of custody. The representative of the Public Prosecutor ' s Office shall keep secret of its content and ensure that it is not known by third parties.

At the end of the judgement or dismissal proceedings, the sound records of the communications and the transcripts that have been carried out will be placed to safeguard public access. It may not be accessed for any purpose, but for judicial order, and for justified reasons.

Article 147.- Closure of premises. If the closure of a premises or the immobilization of movable things which by their nature or size could not be kept in storage is indispensable for the investigation of an offence, they shall be ensured, subject to judicial order and according to the rules of the registry.

Article 148.- Control. The parties may object in court to the judge the measures taken by the representative of the Public Prosecutor ' s Office, his assistants or police officers, in exercise of the powers recognized in this Title.

Article 149.- Custody and return of the kidnapped effects. The kidnapped effects will be invented and placed in safe custody, at the disposal of the Public Prosecutor ' s Office. Copies or reproductions of the kidnapped things may be ordered if they may disappear, alter or be in difficult custody.

It will be the duty of the authorities to return the kidnapped objects that are not subject to confiscation, restitution or embargo to the legitimate persons to possess them, immediately after the proceedings for which they were obtained.

This return may be ordered provisionally, as a judicial deposit and the possessor may be obliged to exhibit them.

Article 150.- Custody warrant. In order to ensure evidence, a chain of custody will be established to safeguard its identity, status and preservation. All persons who have made contact with these elements will be identified and public officials and individuals involved responsible.


Article 151.- Rights and obligations of the witness. Ability to testify. From the beginning of the criminal proceedings and until its completion, the witness shall be guaranteed full respect for the following rights:

(a) To receive decent and respectful treatment by the competent authorities;

(b) Payment of transfer costs to the place where the competent authority designates;

(c) To the protection of the physical and moral integrity, including of his family;

(d) To be informed of the results of the procedural act in which it has participated;

(e) If a person is older than seventy (70) years, a pregnant or seriously ill woman, to perform the procedural act at the place of her residence or placement; such a circumstance must be communicated to the competent authority with due anticipation.

The witness shall not have the obligation to testify on facts that may bring him criminal responsibility.

The rights recognized in this article shall be set forth by the competent body at the time of the first citation of the witness.

Any person shall be able to testify and, when the exceptions provided for in the law are not met, shall be obliged to appear if he or she is summoned to declare the truth of any person he or she knows and is asked; he or she may not conceal facts or circumstances relating to the investigation.

Article 152.- Compulsion. If the witness is not presented to the call, he will be brought before him through the public force.

Upon request, the judge may order the arrest of the witness who, after appearing, refuses to testify. It may also order, at the request of a party, the immediate arrest of a witness if he has no domicile and there are reasonable grounds to believe that he will be concealed or absent. Both measures will last the time necessary to receive the declaration, which will never exceed twenty-four (24) hours.

Article 153.- Faculty and duties of abstention. They may refrain from declaring the spouse or survivor of the accused, relatives up to the fourth degree of consanguinity and second degree of affinity, their guardians, curators and pupils.

The above-mentioned persons shall be informed of their ability to abstain before the commencement of the declaration. They may exercise it even during their statement, even at the time of answering certain questions.

They shall refrain from declaring the secret facts that have come to their knowledge on the basis of their own state, office or profession, ministers of an admitted cult, lawyers, prosecutors, scribes, doctors, pharmacists, midwives and other auxiliaries of the art of healing; military and public officials on State secrets.

The latter may not deny their testimony when they are freed from the duty to keep secret by the person concerned.

Article 154.- Statement of witnesses during the preparatory investigation. During the preparatory investigation, witnesses shall be obliged to testify except for the exceptions provided by law. The representative of the Public Prosecutor ' s Office shall require witnesses to oath or promise to speak truth.

For statements, the rules of the deformalization principle should be governed by the content of the deformalization principle.

The representative of the Public Prosecutor ' s Office shall inform the witnesses of their obligation to appear and testify during the oral trial hearing, as well as to communicate any change of domicile or dwelling until such time.

If they are afraid of their physical integrity or of another person, they may indicate their domicile in a reserved manner, but may not hide their identity except in cases where they are included in a witness protection programme. The identity reservation can only be maintained until the trial.

Article 155.- Residents abroad. If the witness is abroad, it shall proceed in accordance with national or international standards for judicial cooperation. However, the authorisation of the State in which the consular or diplomatic representative, a judge or a representative of the Public Prosecutor ' s Office, may be required, as the stage of the procedure and the nature of the act in question.

Article 156.- Form of the statement during the debate. Before the testimony begins, the witness will be instructed about his obligations, the responsibility for his non-compliance and will swear or promise to tell the truth, according to his beliefs.

Witnesses shall be interrogated by the parties; firstly by whom they offer them, unless the parties agree on another order.

Judges cannot ask questions.

Article 157.- Special tests. When testimony is to be received from persons who have been victims of acts that have psychologically affected them, the representative of the Public Prosecutor ' s Office or the judge, according to the case and on the basis, may have their reception in private and with the help of family members or specialized professionals, guaranteeing the exercise of the defence.

Article 158.- Declaration of minors, victims of trafficking in persons, serious human rights violations or persons with restricted capacity. If it is a minor victim or witness that at the time of their appearance they have not reached sixteen (16) years, persons with restricted capacity, and witnesses-victims of crimes of trafficking and exploitation of persons or other serious human rights violations, if the nature and circumstances of the case so advise, the following procedure shall be taken:

(a) They shall be interviewed by a specialist psychologist according to the conditions of the victim;

(b) If the victim is a minor or a person with restricted capacity, the act shall be carried out in accordance with his age and evolutionary stage, or appropriate to his or her state of vulnerability if he or she is a victim of the crime of trafficking or exploitation of persons or another grave violation of human rights;

(c) Within the time period provided by the representative of the Public Prosecutor ' s Office, the acting professional shall submit a detailed report with the conclusions reached;

(d) The development of the act may be followed by the parties from the outside of the enclosure through a mirrored glass, microphone, video equipment or any other technical means available; in that case, prior to the initiation of the act, the judge or the representative of the Public Prosecutor ' s Office, as the case may be, will inform the professional in charge of the interview of the concerns proposed by the parties as well as those arising during the course of the act, which will be channeled

(e) If the victim is unable to appear on health grounds or to reside in a place distant from the seat of the court, or to ensure the protection of his or her safety, the act may be performed through videoconferences;

(f) The display of the audiovisual record of the victim ' s previous statements in that or other judicial proceedings may be admitted. If the parties require the appearance for the purpose of controlling the evidence, the judge will require them the reasons and the specific interest, as well as the points on which they intend to examine the witness, and will admit the interrogation only of those who make effective compliance with the right of defence;

(g) The statement will be recorded in a film video.

If it were acts of recognition of places or things, the minor or the person with restricted capacity will be assisted by a specialist professional. If the offence of trafficking or exploitation of persons is concerned, the victim shall be accompanied by a specialist professional; in no case shall the accused be present.

If it were victims that at the time of their appearance they had already reached sixteen (16) years but were under eighteen (18) years of age, before the receipt of the testimony, a specialist would be required to report on the existence of a risk for the psychophysical health of the minor in the event that he appeared before the judicial staff in the presence of the parties. This measure should be carried forward by avoiding the revictimization of the child or adolescent.

Article 159.- Written statement. The President and Vice-President of the Nation, the Governors and Deputy Governors of the Provinces, the Chief and Vice-President of the Government of the Autonomous City of Buenos Aires, the National Ministers and Legislators, the Autonomous City of Buenos Aires, the diplomatic ministers and consuls general, the judges of the Judiciary of the Nation, of the Provinces, and of the Autonomous City of Buenos Aires,

Article 160.- Declaration at home. Persons who are unable to attend the court for being physically impeded shall be interrogated at their home or place of accommodation or placement.


Article 161.- Proceeding. If, in order to know or appreciate a fact, special knowledge may be necessary in some science, art or technique, the parties may submit reports prepared by experts of their trust in which case they must accompany the elements that prove their professional abilities.

Article 162.- Enabling quality. The experts shall have an enabling title in the matter concerning the point on which they shall rule, provided that science, art or technique is regulated. Otherwise a person of manifest suitability must be appointed.

The persons to whom the law recognizes the power to refrain from giving testimony may not be served as experts.

They will not rule the rules of the expert test for those who declare facts or circumstances that they knew spontaneously even if they use to inform the special skills they possess in a science, art or technique. In this case they will rule the rules of the test.

Article 163.- Instructions. During the preparatory investigation phase, the parties may request the representative of the Public Prosecutor ' s Office to have the necessary instructions to enable their experts to access to examine the objects, documents or places of expertise or any other relevant purpose. The representative of the Public Prosecutor ' s Office shall accede to the request unless, submitted during the preparatory investigation stage, it is considered necessary to postpone it to protect the success of the application. The representative of the Public Prosecutor ' s Office may object within five (5) days if there were substantial grounds. In the face of the opposition, it may be appealed to the judge, who will decide in court.

The experts will try to practice the exam together.

Article 164.- Pericial opinion. The opinion shall be clearly and accurately substantiated and contained a detailed account of the operations performed and their results, the comments of the parties or their technical consultants and the conclusions made on each topic studied.

The experts may dictate separately if there is a diversity of opinions among them.

The opinion shall be submitted in writing signed and dated, without prejudice to the declaration at the hearings.

Article 165.- Institutions. If the expert is entrusted to a scientific or technical institution and operations should involve different experts or work teams, a single report may be prepared under the responsibility of the person who directs the joint work, which will be subscribed by all the participants.

Article 166.- Special features. If different expert tests should be performed on children and adolescents or psychologically affected persons, efforts will be made to concentrate the activity of the experts, ordering them to act jointly and interdisciplinaryly.


Article 167.- Recognition. Documents, objects and other elements of conviction may be displayed to the accused, witnesses and experts for recognition or reporting on them.

Before the recognition of one thing, the witness who must do so shall be invited to describe it and, as far as possible, the joint exhibition with other similar objects.

If the recognition of voices, sounds and how much sensory perception is available, the provisions for the recognition of persons will be observed.

Article 168.- Reports. Reports may be required to any person or public or private entity on the data in their records.

The reports shall be requested either orally or in writing, indicating the procedure in which they are required, the name of the accused, the place and time of delivery.

In the event of a breach of the person or private entity, the answer may be urged by setting up pecuniary conminations, without prejudice to the corresponding criminal responsibilities.

Article 169.- Individualization of people. Obtaining desoxirribonucleic acid (DNA) from the accused or from another person may be ordered if this is necessary for identification or for the finding of circumstances of importance for the investigation.

For such purposes, minimum blood, saliva, skin, hair or other biological samples shall be admissible, to be performed according to the rules of medical knowledge if there is no harm to the physical integrity of the person on which the measure should be carried out, according to the common experience and the opinion of the expert in charge of the intervention.

The same will be practiced in the least harmful way for the person and without affecting his or her might, especially considering his or her gender and other particular circumstances. The use of coercive powers over the person affected by the measure may in no case exceed the strictly necessary for its realization.

If it is deemed appropriate, and whenever it is possible to achieve equal certainty with the result of the measure, it may be ordered to obtain desoxyribonucleic acid (DNA) by means other than body inspection, such as the abduction of objects that contain cells already detached from the body for which measures such as house registration, personal requisition, or inocuous procedures that involve the decay may be ordered.

In addition, in the case of a crime of public action in which desoxirribonucleic acid (DNA) of the alleged victim of the crime must be obtained, the measure shall be carried out taking into account such a condition, in order to avoid its revictimization and safeguard the specific rights it has.

In no case shall the power of abstention provided for in this Code.

If the person to be subject to review, informed of his or her rights, consents to do so, the representative of the Public Prosecutor ' s Office shall order that it be carried out without further action. In the event of refusal, the corresponding court order shall be requested, and the reasons for the refusal shall be made to the judge.

The judge shall order the diligence provided that the conditions set forth in paragraph 1 of this article are met, justifying their need, reasonableness and proportionality in the particular case.

Article 170.- Photo recognition. Photo recognition may be ordered exceptionally if it is necessary to identify or recognize a person who is not present and cannot be found, and from whom photographs are taken. In this case, these will be presented with other similar persons of various persons, to whom the recognition must be made. Otherwise, the preceding provisions shall be observed.

Article 171.- Recognition in wheel of people. The judge may order, at the request of a party, that a person be recognized to identify or establish that the person who mentions or alludes it effectively knows or has seen it.

Before the recognition, the person to practice it will be interrogated to describe the person in question and to say if before that act he has met or seen it personally or in image.

The reconnaissance procedure will be performed immediately at the time of the interrogation, in view of which it must be verified, together with two other (2) or more persons of similar external conditions, to which it must be identified or recognized, who will choose to place on the wheel.

In the presence of all of them, or from where it cannot be seen, according to the judge it deems appropriate, the person to whom the recognition must be performed will manifest if the person to whom he has referred is on the wheel, inviting him to, if so, designate it clearly and precisely and manifest the differences and similarities that he observes between his current state and that which he presented at the time of his statement. The diligence shall be recorded in the record, where all the useful circumstances shall be recorded, including the name and address of those who have formed the wheel.

The declarant will promise or oath to speak truth.

The investigation will be conducted in the presence of the human rights defender.

Article 172.- Caused. Recognition shall be made with prior communication to the parties.

Recognition shall proceed even without the consent of the accused and the seizures shall be taken so that the accused is not defigured.

The proof of recognition may only be invoked in the trial if it had been carried out in the presence of the defender.

In all cases the human rights defender must be present to recognize.

Article 173.- Identification of corpses and autopsies. If the investigation deals with the death suspected of having been caused by a punishable act, before the inhumation of the occision or after its exhumation, the representative of the Public Prosecutor ' s Office, with communication to the defence, shall order the conduct of the autopsy and corresponding descriptions. The identification shall be done through witnesses, fingerprints or, if not possible, by an appropriate means.

Article 174.- Reconstruction of the fact. The reconstruction of the event may be ordered to check whether or not it was carried out in a given manner.

The accused may not be compelled to intervene in the reconstruction, but shall have the right to request, present and intervene in the reconstruction.

Article 175.- Body exams. If necessary to establish circumstances relevant to the investigation, the accused or the alleged offended by the punishable act, such as evidence of a biological nature, blood extraction or other analogous, may be subjected to bodily examinations, provided that there is no risk to the health or dignity of the examined person.

If the person to be examined, informed of his or her rights, consents to do so, the representative of the Public Prosecutor ' s Office shall order that it be carried out without further action. In the event of a refusal, the corresponding judicial authorization shall be requested, and the reasons for the refusal shall be made to the judge.

The judge shall order the proceedings provided that the conditions referred to in paragraph 1 of this article are met.


Article 176.- General principles. The authorized coercive measures shall conform to the provisions of articles 15, 16 and 17 of this Code, their character is exceptional and may not be imposed by the judge.

Physical coercion shall only be exercised to obtain a person ' s appearance if the same purpose cannot be attained in useful time, ordering his summons for the forms provided for in this Code.

Article 177.- Coercion measures. The representative of the Public Prosecutor ' s Office or the plaintiff may request the judge, in any state of the proceedings and in order to ensure the appearance of the accused or to prevent the obstruction of the investigation, the imposition, individually or in combination, of:

(a) The promise of the accused to submit to the proceedings and not to impede the investigation;

(b) The obligation to be subject to the care or supervision of a particular person or institution, in the conditions established by it;

(c) The obligation to submit periodically to the judge or to the authority designated by him;

(d) The prohibition of leaving without prior authorization from the territorial area to be determined;

(e) The retention of travel documents;

(f) The prohibition of certain meetings, of visiting certain places, of communicating or approaching certain persons, provided that the right of defence is not affected;

(g) The immediate abandonment of the domicile, if it were domestic violence and the victim lived with the accused;

(h) The provision, by itself or by a third party, of a real or adequate staff, which may be voluntarily supplemented by the hiring of a caption insurance, to the satisfaction of the judge;

(i) Monitoring of the accused by means of any electronic tracking device or positioning its physical location;

(j) Arrest at his or her own home or another person ' s home, without supervision or with which the judge provides;

(k) Pretrial detention, if the above measures were not sufficient to ensure the stated purposes.

The control over compliance with the measures set out in subparagraphs (a) to (j) of this article shall be carried out by the Office of Alternative and Substitutional Measures, the creation, composition and operation of which shall be defined by a law which is determined for that purpose.

Article 178.- Incommunicado. The judge at the request of the representative of the Public Prosecutor ' s Office and by a well-founded decision may have incommunicado detention for a maximum of seventy-two (72) hours of the accused being detained, provided that there are serious grounds for believing that he will impede the investigation of the truth.

The representative of the Public Prosecutor ' s Office may arrange for the incommunicado detention, under the same conditions, only for the time required to manage the court order, which will never exceed eight (8) hours.

The measure shall not prevent the accused from communicating with his or her counsel before beginning any statement or performing any act requiring his or her personal intervention. The accused will be allowed to use books, writing and other objects he asks, so that they cannot serve as a means to avoid incommunicado detention; he may also perform imposterable civil acts that do not diminish his solvency or prejudice the investigation.

Article 179.- Cautions. If a court order is made, the judge, at the request of a party, shall set his type and amount in court, and shall decide on the suitability of the trustee, according to the free appreciation of the circumstances of the case.

It is absolutely forbidden to establish a caption of impossible compliance for the accused.

The caption shall be deposited with the order of the judge or officer designated by the judge in an official bank, except that the judge authorizes the replacement of the deposit by the constitution of the levy on an asset or by the hiring of a caption insurance.

If the caption is borrowed by another person other than the defendant, by means of the constitution of tax on a good or a caption insurance, she will jointly assume the obligation to pay, without the benefit of excussion, the sum that the judge has set.

The accused and the trustee may request permission from the judge to replace the deposited caption, by another equivalent, who shall decide before the hearing.

Article 180.- Execution of the wards. In cases of rebellion or in which the accused is removed from the execution of the sentence, a period of not less than five (5) days shall be set for the accused or convicted, with the warning that, if he does not appear spontaneously, or is not presented by the fiator, the caption shall be executed at the end of the period.

Once the term is expired, the judge shall, according to the case, have the execution of the caption. The fate of the production shall be that which provides a specific law.

Article 181.- Cancellation. The caption shall be cancelled and released from the assets affected to the security right, provided that it has not been ordered to be carried out previously, in the following cases:

(a) If the accused is constituted in prison;

(b) If the decision to form a channel is revoked, whether or not they are replaced by another measure;

(c) If the accused is absolved or dismissed by a firm decision;

(d) If the execution of the custodial sentence begins or it should not be executed;

(e) If the accused is sentenced to a non-custodial sentence.

Article 182.- Stop. The representative of the Public Prosecutor ' s Office may request the judge to arrest the accused if there were sufficient evidence to substantiate, reasonably, that pretrial detention would proceed, and that such detention was necessary to prepare and base the request for the imposition of this measure at the hearing. The judge shall order the arrest or summarily refuse the order.

Detention may not exceed seventy-two (72) hours.

Article 183.- Arrest without a warrant. No person may be apprehended without a court order, except in the following cases:

(a) If he had been caught in flagrante delicto;

(b) If he had escaped from any penal establishment or from any other place of detention.

In the event of flogging, any person may practise apprehension in order to prevent the crime from causing consequences. The person apprehended shall be immediately handed over to the nearest authority.

The authority that has apprehended any person shall immediately notify the judge and the representative of the Public Prosecutor ' s Office.

If the representative of the Public Prosecutor ' s Office considers that the measure should be maintained, the judge should be informed immediately. If within seventy-two (72) hours the application of a custodial coercion measure was not resolved, the judge must order freedom. The representative of the Public Prosecutor ' s Office may, on an exceptional basis and for the only time, request at the hearing provided for in article 225, an extension of the period of detention for reasons based on evidentiary complexity, which in no case may exceed seventy-two (72) hours.

Article 184.- Flagrance. There will be flogging if the perpetrator of the offence was surprised at the time of attempting to do so, immediately afterwards, if he was persecuted or had objects or showed traces that would reasonably sustain that he has just participated in a crime.

Article 185.- Pretrial detention. It corresponds to the dictation of pretrial detention on the basis of the gravity of the circumstances and nature of the fact and the conditions of the accused, which serve to decide the criteria of danger of escape or hindering the process provided for in this Code.

Pretrial detention shall not be carried out in the following cases:

(a) If a conditional sentence may result from the characteristics of the fact and the personal conditions of the accused;

(b) Offences of private action;

(c) When it comes to acts committed in the exercise of freedom of expression or as a result of criticism in public matters.

Article 186.- Embargo and other precautionary measures. The judge may order, at the request of a party, the embargo on property, the prohibition of the accused or the civilly defendant and the other precautionary measures necessary to guarantee:

(a) The confiscation of property directly from the offence, of those in which they have been transformed and of the instruments of which the accused has been validated to prepare, facilitate or commit the act;

(b) The pecuniary penalty;

(c) Civil compensation;

(d) Coasts.

Article 187.- Conditions and requirements. In requesting the imposition of one or more of the coercive measures listed in article 177, the representative of the Public Prosecutor ' s Office or the plaintiff shall:

(a) To establish that there are sufficient evidence to support the probability of the existence of the act and the participation of the accused in the event;

(b) To sufficiently justify, in accordance with the circumstances of the case and the personalities of the accused, the presumption that the accused shall not undergo the proceedings or hinder the investigation or conduct of a specific act of the proceedings;

(c) Indicate the duration of the measure as it deems necessary, in accordance with the circumstances of the case.

The judge will control the legality and reasonableness of the requirement and will resolve it well.

Article 188.- Escape danger. The following guidelines should be taken into account in deciding on the danger of escape:

(a) Arraigo, determined by the domicile, habitual residence, seat of the family, business or work, and facilities to leave the country or remain hidden and other matters that influence the root of the accused;

(b) The circumstances and nature of the act, the penalty expected as a result of the procedure, the finding of pre-trial detentions, and the possibility of a declaration of recidivism for malicious crimes;

(c) The behaviour of the accused during the procedure in question, another former or pending, to the extent that it indicates his will to be subjected to criminal prosecution and, in particular, whether he was in absentia or concealed or provided false information on his identity or domicile.

Article 189.- Danger of torment. In order to decide on the danger of obstruction for the investigation of the truth, the existence of indications that justify the grave suspicion that the accused:

(a) Destroy, modify, conceal, delete or forge evidence;

(b) Influencing for witnesses or experts to report falsely or behave unfairly or reluctantly or,

(c) Induce others to perform such behaviors.

Article 190.- Procedure. The requirement of a coercive measure will be formulated and decided in audience, guaranteeing the principles of contradiction, immediacy, advertising and speed. A coercive measure may not be implemented without the express request of the representative of the Public Prosecutor ' s Office or the plaintiff.

Without prejudice to the evidentiary elements that the parties could provide during the hearing, for the purpose of ascertaining the conditions of origin of a coercion measure, the Office of Alternative and Substitute Measures shall make a report on the personal conditions and circumstances that will allow the parties to discuss the freedom of the accused.

At that hearing, the representative of the Public Prosecutor ' s Office should specify the length of the measure and the time required to conduct the preparatory criminal investigation. If requested only by the plaintiff, it must state the duration and the reasons for its extension.

In respect of the person who is previously detained, the hearing shall be held within the maximum period of seventy-two (72) hours counted since the arrest took place.

The judge shall give the accused the right to be heard, with the assistance and intervention of his counsel, an opportunity in which he may question the place and other conditions of pretrial detention. He will also listen to the plaintiff, when he requests to take action, and immediately resolve the seed.

The request for a precautionary measure shall be formulated by the parties before the judge. It should specify the scope, duration and basis of the measure. The judge may convene a unilateral hearing prior to the decision.

The resolution imposing a coercion or precautionary measure should individualize the accused, state the facts attributed to him, their legal qualification, express the circumstances underlying the measure and set the time limit for which it is established.

Upon hearing the parties, the court shall decide whether or not the extension is appropriate. The parties may at any time request the review of the coercion measure before the judge, by the same procedure.

The resolution imposing, renewing or rejecting pretrial detention or any other coercion or precautionary measure shall be revised, without suspensive effect, within the period of seventy-two (72) hours.

Article 191.- Limit of pretrial detention. Pretrial detention shall cease:

(a) If the accused has served in pretrial detention the penalty requested by the representative of the Public Prosecutor ' s Office;

(b) If the accused has been held in pretrial detention for a time equal to that of the sentence imposed by the unsustained sentence;

(c) If the accused had been held in pretrial detention for a period of time, if he had been convicted, he would have been allowed to apply for probation or assisted release.

Pre-trial detention may not be imposed again in the same process if an earlier one has ceased for any of the reasons set out above; this without prejudice to the powers to bring the accused to the necessary acts of the process or the application of other coercion measures.

Article 192.- Non-compliance. In the event of unwarranted failure to comply with the obligations imposed on the accused, the judge, at the request of the representative of the Public Prosecutor ' s Office or the plaintiff, may replace or add new ones, without prejudice to ordering the execution of the given economic caption. It may also impose pre-trial detention if persistent non-compliance allows the accused to be presumed not to be subjected to the procedure or will continue to obstruct it.

Article 193.- Revocation or replacement. The judge, on his own motion or at the request of the accused or his defence, shall provide for the revocation or replacement of the coercive measure that has been imposed, when the budgets in which his imposition has been established have disappeared.

The request shall be settled in a hearing with the presence of the parties, within a period that may never exceed seventy-two (72) hours. The resolution rejecting the order will be revised within 24 hours.

Article 194.- Delays in respect of custodial measures. If a review of a custodial measure had been made, and the judge would not decide within the time limits set out in this Code, the accused may be able to order soon and, if within twenty-four (24) hours the judge does not obtain a ruling, the judge will incur a serious and causal failure to perform.


Article 195.- Object. The purpose of the preparatory investigation is to establish whether or not there is sufficient merit to open a trial in respect of one or more conduct with criminal legal relevance.

Article 196.- Action criteria. The representative of the Public Prosecutor ' s Office will conduct the preparatory investigation with an objective criterion, seeking to quickly collect the charges or disclaimers that are useful in ascertaining the truth.

Article 197.- Research legajo. The representative of the Public Prosecutor ' s Office shall form a log of inquiry, in order to prepare his seedlings, which shall not be subject to any formality, except the practical rules on registration issued by the Procurator-General of the Nation. The legajo belongs to the representative of the Public Prosecutor ' s Office and will contain the enumeration of the documents and elements of conviction collected by him, and a summary summary of all the proceedings, the data obtained with the indication of the date and time of their realization and the identity of the subjects involved and those interviewed. In no case may it be consulted by the jurisdictional body.

The defense must access all the information that has been collected in the investigation log, after its formalization.

The investigation of the complaint and the defence shall be governed by the rules of article 128 (b) of this Code.

Article 198.- Evidence. The proceedings of the preparatory investigation shall have no value in founding the conviction of the accused. However, they may be invoked to request or found a precautionary measure, to raise exceptions and to urge the dismissal.

Article 199.- Jurisdictional action. It is up to the judge to monitor compliance with the principles and procedural guarantees and, at the request of the party, to order the advances of evidence if appropriate, to resolve exceptions and other requests of this stage.

The judge shall resolve the seedlings in court in accordance with the principles set out in article 105.

Article 200.- Access to the acts of the investigation. The preparatory investigation shall be public for the parties or their representatives, but not for third parties, except for the hearings, provided that this does not affect the public order, security or success of the investigation.

Lawyers who invoke a legitimate interest shall be informed of the fact that they are being investigated and of the accused or detained.

The information required by the defence in its investigation file shall not be public to the remaining parties and may be submitted to the representative of the Public Prosecutor ' s Office during the preparatory criminal investigation, used at the preliminary hearings to endorse their claims or at the time of the prosecution ' s control hearing.

Article 201.- Reserve. If it were essential to ensure the success of the investigation, the representative of the Public Prosecutor ' s Office, by a well-founded resolution and for the sole time, may have the full or partial reservation of the investigation file for a period not exceeding ten (10) consecutive days. The term may be extended equally and, in that case, either party may request the judge to examine the basis of the provision and to terminate the reservation.

If the effectiveness of a particular act depended on the partial reservation of the investigation file, the representative of the Public Prosecutor ' s Office, upon the authorization of the judge, may provide it for the time limit that is indispensable for the performance of the act in question, which shall never exceed forty-eight (48) hours.

The authorization shall be resolved in an immediate unilateral hearing.


Article 202.- Starting events. The investigation of an act of crime shall be initiated by the representative of the Public Prosecutor ' s Office on the basis of complaint, complaint or the prevention of any of the security forces.


Article 203.- Complaint. Form and content. Any person who is aware of a crime of public action may report it in written or oral form, personally, by representative or by special power, which shall be accompanied in that same act. In case of verbal denunciation, a record shall be extended in accordance with the formalities established in this Code. In both cases the staff member who receives it will check and record the complainant ' s identity.

The complaint must, as soon as possible, contain the circumstances of the fact, with the indication of its authors, participants, victims, witnesses, other evidentiary elements that may lead to its verification and legal qualification.

Article 204.- Obligation to report. They shall have an obligation to report offences of public action:

(a) Judges and other public officials who are aware of the performance of their functions;

(b) Doctors, pharmacists or nurses, provided they know the fact in the exercise of their profession or trade, unless the case is under the protection of professional secrecy;

(c) Writers and accountants in cases of fraud, tax evasion, asset laundering, trafficking and exploitation of persons;

(d) Persons who are responsible for the handling, administration, care or control of the property or interests of an institution, entity or person, in respect of the crimes committed against it or of the property or property placed under its charge or control, provided that they are aware of the fact that they perform their duties.

In all these cases, the complaint shall not be mandatory if it could reasonably entail the criminal prosecution of its own, that of the spouse, convivant or relative within the fourth degree of consanguinity or second degree of affinity, or when the facts had been known under professional secrecy.

Article 205.- Prohibition of reporting. No one may denounce his ascendants, descendants, spouse, cohabitant and siblings, except that the offence has been committed against him or a relative of equal or closer rank.

Article 206.- Participation and responsibility. The complainant shall not be a party to the proceedings and shall not incur any liability, except if the charges were false or the complaint would have been reckless.

If the judge qualifies the complaint as false or reckless, he shall impose on the complainant the payment of the costs, without prejudice to criminal liability.

Article 207.- Transmit. If the complaint was filed with the police or other security forces, it will immediately inform the representative of the Public Prosecutor ' s Office to take the lead in the investigation and indicate the proceedings to be carried out.

If presented directly to the representative of the Public Prosecutor ' s Office, the Public Prosecutor ' s Office shall initiate the investigation in accordance with the rules of this Code, with the assistance of the investigating police or other security forces.

When the complaint is received by a judge, it shall immediately be forwarded to the representative of the Public Prosecutor ' s Office.


Article 208.- Presentation. Initiated the complaint proceedings, the representative of the Public Prosecutor ' s Office may object to the judge the complaint ' s intervention, if he considers that he has no legitimation, within fifteen (15) days.

Article 209.- Hearing. Received the plaintiff ' s submission for the rejection of his intervention, the judge shall summon the parties to a hearing within five (5) days and decide immediately.

If you admit the constitution of the plaintiff, you will be instructed by the representative of the Public Prosecutor's Office to intervene accordingly.


Article 210- Police prevention. Officials and police officers or other security forces who report a crime of public action will inform the representative of the Public Prosecutor ' s Office immediately after his first intervention, continuing the investigation under his control and direction.

If the offence is a public action dependent on a private instance, it shall only proceed if the complaint is filed by those who may legally promote it, without prejudice to article 184.

Acting officials shall exercise the powers and duties provided for in article 90.

Article 211.- Registration of police proceedings. The Public Prosecutor ' s Office shall regulate how to conduct initial proceedings on the basis of general instructions. Prevention proceedings should be conducted and forwarded to the representative of the Public Prosecutor ' s Office immediately when the Public Prosecutor ' s Office ratifies the detention. For the other cases, they will be raised within five (5) days, extended by another five (5) days after the authorization of the latter, without prejudice to the practice of complementary proceedings with those pending proceedings.

Article 212.- Arrest. If, at the first time after the commission of a public offence, it is not possible to identify the author, the participants and the witnesses, and urgent action should be taken not to prejudice the investigation of the facts, the authority which directs the proceedings may provide that the persons present do not withdraw from the place, nor communicate among themselves, nor change the status of the things or the place, providing for the necessary measures, if necessary.

The arrest may consist of the detention at the site, the conduct of a police unit, or the representative of the Public Prosecutor ' s Office or the judge, and may not last more than six (6) hours provided that this is necessary to carry out urgent and essential proceedings. The measure shall be communicated immediately to the judge and to the representative of the Public Prosecutor ' s Office by the officials of any of the security forces who had practiced it. After that period, the representative of the Public Prosecutor ' s Office shall order the cessation of the restriction or, if any, shall proceed in accordance with article 183.

They may also act in the manner indicated in the first paragraph, persons in charge of a closed or feasible place to be closed and drivers of means of transport, at the first time after the commission of a criminal act committed in any of these places, but they must immediately require the presence of the authority of any security force or of the representative of the Public Prosecutor ' s Office, who will henceforth take charge of the procedure.


Article 213.- Generic research. The Public Prosecutor ' s Office may conduct generic investigations if it is necessary to clarify any special form of unidentified criminality, as established by the Organic Law of the Public Prosecutor ' s Office.

Article 214.- Preliminary investigation of trade. If the representative of the Public Prosecutor ' s Office has evidence of the possible commission of a crime of public action, it will promote preliminary investigation to determine the circumstances of the act and its perpetrators.


Article 215.- Initial assessment. Upon receipt of a complaint, complaint, prevention proceedings or a preliminary investigation of its own motion, the representative of the Public Prosecutor ' s Office shall form a legajo of investigation, which shall contain a succinct description of the facts, placing them in time and place, and shall adopt or propose within fifteen (15) days some of the following decisions:

(a) The dismissal of the court for the absence of an offence;

(b) The file;

(c) The application of an opportunity or availability criterion;

(d) Initiate pre-formal investigation;

(e) Formalization of the investigation;

(f) The application of any of the special procedures provided for in this Code.

Article 216.- Dismissal. If the act is not an offence, the representative of the Public Prosecutor ' s Office shall dismiss the promotion of the investigation. This will not prevent the submission of a new complaint on the basis of different elements.

Article 217.- Archive. If the author or participant has not been identified and the impossibility of bringing together elements of conviction or cannot be proceeded, the representative of the Public Prosecutor ' s Office may have the file of the proceedings, except for acts of enforced disappearance. In these cases, the file of the proceedings will not take place until the victim is found or restored.

The file will not prevent the reopening of the investigation if later data appear to allow the identification of the authors or participants, or if the other impediments referred to in the first paragraph disappear.

Article 218.- Criterion of opportunity. If the representative of the Public Prosecutor ' s Office, on his own motion or at the request of a party, it was considered that the application of an opportunity criterion was appropriate, he would declare that he did not have public criminal prosecution. It shall notify the defence and inform the victim of the powers provided for in article 219 of this Code.

If there were new circumstances that would lead to the application of some criterion of opportunity, the accused or his or her defender may reiterate the application for this criterion.

Article 219.- Control of the tax decision. If it has been decided that the application of a criterion of opportunity, archive or dismissal is not appropriate, the decision shall not be subject to review.

In the cases provided for in the previous articles of this Chapter, the victim may require, on the basis of three (3) days, his review before the superior of the prosecutor.

In the same time, if the supervisory prosecutor leads to the victim ' s claim, he will have continued investigation.

If the superior prosecutor confirms the application of the criterion of opportunity, the victim shall be entitled to turn public action into private and proceed in accordance with article 279, within sixty (60) days of communication.

Article 220.- Pre-formation research. Initiated pre-examining investigation, the representative of the Public Prosecutor ' s Office may make the evidentiary measures it deems relevant with a view to meeting the requirements for the formalization of the investigation.

Where the author is individualized, the representative of the Public Prosecutor ' s Office shall inform him of the existence of the investigation by informing him of the rights granted by this Code, including the right to designate a particular lawyer, or, failing that, a Public Defender for the purposes of the control provided for in article 223.

In the case provided for in the preceding paragraph, the time limit for the formalization of the investigation may not exceed ninety (90) days, which may be extended by the same term to the judge of guarantees at a unilateral hearing.

The representative of the Public Prosecutor ' s Office may request the judge of guarantees at a unilateral hearing to continue the investigation before the formalization, without communication to the affected person, when the seriousness of the facts or the nature of the pending evidentiary proceedings may presume that the lack of communication is indispensable for its success.


Article 221.- Concept. The formalization of the preparatory investigation is the act by which the representative of the Public Prosecutor ' s Office communicates to the accused, in the presence of the judge, the fact attributed to him, his legal qualification, his degree of participation and the evidence he has.

From this moment on, the duration of the process will begin.

Article 222.- Opportunity. The representative of the Public Prosecutor ' s Office shall formalize the preparatory investigation if there are sufficient elements to account for the commission of a crime and the identification of its perpetrators.

It shall be obliged to do so when the time limit set out in article 220 is met, or requests the application of pretrial detention.

Article 223.- Judicial control prior to the formalization of the preparatory investigation. Prior to the formalization of the investigation, the accused or the victim who has requested to be partly a plaintiff may ask the prosecutor for information on the facts that are subject to the investigation, as well as on the proceedings and pending execution. In the event that the representative of the Public Prosecutor ' s Office objected to the request, the judge would be able to file a decision in court after hearing the parties separately.

At that time, the judge may establish the time limit within which the representative of the Public Prosecutor ' s Office must formalize the investigation.

Article 224.- Request for hearing. If the representative of the Public Prosecutor ' s Office should formalize the preparatory investigation in respect of an accused person, he or she shall request the judge to conduct a hearing, identifying the accused, indicating the fact that he is assigned, the date and place of his or her commission, its legal qualification and its degree of participation.

This hearing shall be referred to the accused, his counsel and other parts of the proceedings.

Article 225.- Hearing. At the hearing, the judge will give the floor to the representative of the Public Prosecutor ' s Office to verbally expose the accusation and requests it deems necessary. The accused may then state what he deems appropriate. The judge will then open debate on the other petitions that the intervening parties will immediately raise and resolve the issues.

If the accused is detained, the legality of the detention produced by the prevention authorities will be discussed.

After the hearing, the representative of the Public Prosecutor ' s Office will lose the power to file or apply an opportunity criterion.

Article 226.- Expansion of the object of the preparatory investigation. If new facts were attributed to an accused whose preparatory investigation was already formalized or extended to new accused, a new hearing would be convened.


Article 227.- Proposition of proceedings. Without prejudice to their powers of autonomous investigation, the parties have the power to propose to the representative of the Public Prosecutor ' s Office proceedings at any time of the preparatory investigation when it comes to measures whose realization may be frustrated from not being practiced at that time or depending on them the resolution of a precautionary measure.

In the latter case, the representative of the Public Prosecutor ' s Office shall be issued within forty-eight (48) hours. The measure may be rejected if the ends of the first paragraph were not checked, or if it were obviously delaying.

Within three (3) days, the parties may request a hearing from the judge to decide on the proceeding of the proposed proceedings. If the judge considers that it is appropriate, he shall order the representative of the Public Prosecutor ' s Office to carry out it.

Article 228.- Assistance to the proceedings. During the preparatory investigation, the representative of the Public Prosecutor ' s Office will permit the presence of the parties in the acts that it does, unless it considers that they will interfere in the normal development of those acts. In any event, it may give them mandatory instructions leading to the proper development of the proceedings and may exclude them from it at any time.

Article 229.- Test advance. The parties may apply for trial advances only in the following cases:

(a) If it were an act which, by the circumstances or by the nature and characteristics of the measure, should be regarded as a definitive and irreproducible act;

(b) If it were a statement that probably could not be received during the trial;

(c) If the complexity of the matter existed the probability of the witness to forget essential circumstances about what he knew;

(d) If the accused were fugitive, incapable or existed a constitutional obstacle and feared that the course of time might hinder the preservation of the evidence.

The judge will admit or reject the order in court. If it takes place, it will order the realization with citation from all parties.

If there is agreement by all parties on the necessity and mode of conduct of the advance evidence, and whenever any of the cases referred to in the first paragraph are concerned, the judge shall have the pre-test production.

The proceedings shall be documented in a record or other appropriate means and shall be held by the representative of the Public Prosecutor ' s Office, who shall be responsible for its unchanged conservation.

Article 230.- Emergency. If the accused is not individualized or if any of the acts provided for in article 229 are of extreme urgency, the parties may orally require the intervention of the judge. It shall order the act with the exception of the intended communications and, if necessary, request that a public defender be appointed to participate and control the act directly.

Article 231.- Diligence without communication to the accused. If the representative of the Public Prosecutor ' s Office requests for proceedings requiring prior judicial authorization, without communication to the person concerned, the judge shall authorize them when the reservation is strictly indispensable for the effectiveness of the reservation.


Article 232.- Duration. The preparatory stage will have a maximum duration of one (1) year since the formalization of the investigation.

Failure to comply with the previous paragraph shall constitute a serious and causal failure of the representative of the Public Prosecution Service.

Notwithstanding the defendant or the plaintiff, they may request the judge to set a shorter time if there is no reason for the delay. It will be resolved in audience.

Article 233.- Extension. Prior to the expiration of the deadline set out in article 232, the representative of the Public Prosecutor ' s Office, the plaintiff or the accused may request the judge to extend the preparatory phase. To that end, the judge, within three (3) days, shall summon the parties to a hearing and, after hearing them, shall establish the period in which the preparatory investigation shall be closed, which shall never exceed one hundred and eighty (180) days from the date on which the investigation took place.

If the new deadline is extended by the representative of the Public Prosecutor ' s Office or the plaintiff not to file charges, the judge shall proceed to intimate them on the basis of a serious or ill-performing fault.

If a preparatory investigation has been formalized with respect to a number of accused, the deadlines will be met individually unless due to the characteristics of the events attributed, it is not possible to close the preparatory investigation with respect to those in an independent manner.

If, after the formalization of the preparatory investigation, new facts were discovered or new accused persons were identified to force the extension of the preparatory investigation, the established deadlines would begin to run from the latter act.

Article 234.- Suspension. The duration of the preparatory investigation shall be suspended:

(a) If the accused ' s rebellion is declared;

(b) If the suspension of the trial was resolved;

(c) Since a reparatory agreement was reached until the accused ' s obligations in favour of the victim had been fulfilled or until the victim ' s satisfaction had been properly guaranteed.

Article 235.- Closure of the preparatory investigation. In the course of the proceedings necessary for the investigation of the punishable act and its authors, accomplices or coverts and to guarantee the commission, the representative of the Public Prosecutor ' s Office shall declare the preparatory investigation closed, and may:

(a) Requesting the dismissal;

(b) Accusing the accused.

Article 236.- Causes of overbearing. The dismissal proceeds if:

(a) The fact under investigation has not been committed;

(b) The fact investigated does not fit into a criminal legal figure;

(c) The accused has not taken part in it;

(d) Mediating a cause of justification, inculpability or absence of punitiveness;

(e) Exhausted investigations, there is no reasonable possibility of incorporating new evidence and there is no sufficient basis for the opening of the trial;

(f) Criminal proceedings have been extinguished;

(g) A criterion of opportunity, reconciliation, reparation or suspension of the trial has been applied, and the conditions provided for in the Criminal Code and in this Code have been met.

Article 237.- Transmit. If the representative of the Public Prosecutor ' s Office considers that it is appropriate to issue the dismissal, he shall establish it in writing and make it known to the other parties and the victim, who, within three (3) days, may:

(a) The victim, objecting to the request for dismissal by requesting review with the superior of the prosecutor or by filing a complaint with the powers provided for in subparagraph (b);

(b) The plaintiff, object to the dismissal before the judge and, if any, to make an indictment;

(c) The accused or his or her counsel, request that the grounds be amended or the description of the facts by which the dismissal is called be specified.

Article 238.- Fiscal agreement. In cases involving offences of public significance, organized crime or involving public officials, the representative of the Public Prosecutor ' s Office shall have the agreement of the supervisory prosecutor to request the dismissal of the judge with the functions of guarantees.

Where the agreement provided for in the first paragraph is not required, the victim may object to the dismissal of three (3) days. The supervisory prosecutor shall decide whether to confirm the decision or to order an indictment within 10 days.

Article 239.- Hearing before the judge. The representative of the Public Prosecutor ' s Office shall request the dismissal in court, before the judge and with the presence of all parties.

If the plaintiff acted in accordance with article 237 (b) and the judge considered that the dismissal was not appropriate, the intervention of the Public Prosecutor ' s Office would cease. The plaintiff shall make an indictment in accordance with the rules of this Code.

If there is no opposition, the judge must resolve the defendant's dismissal.

Article 240.- Contents of over-setting and effects. The dismissal must contain the identity of the accused, the statement of the facts subject to the preparatory investigation that were attributed to him, the factual and legal grounds, and the operative part, with reference to the applicable rules. Wherever possible, the case will be analysed in the order provided for in article 236. The resolution will cease all coercion measures.

The firm dismissal definitively and irrevocably closes the process with regard to the defendant in whose favor it is dictated and inhibits his new criminal prosecution for the same fact.


Article 241.- Prosecution. The indictment shall be in writing and shall contain:

(a) Data used to identify the accused and the name and address of his or her defender;

(b) The clear, precise and circumstantial relationship of the punishable act attributed to the accused; in case of containing several independent facts, the separation and detail of each of them;

(c) The basis of the imputation, with the expression of the means of proof that motivate it;

(d) The precise expression of the applicable legal provisions and their due correlation with the facts and with the intervention attributed to the accused;

(e) The precise determination of the damage claimed;

(f) The offer of proof for the trial;

(g) The circumstances of interest in determining the punishment or the curative and educational measure, with the expression of the means of proof it proposes to verify them in the judgment on the penalty;

(h) The requirement of an estimated penalty, for the purposes of the determination of the judge, court or jury.

The prosecution may refer only to facts and persons included in the formalization of the investigation, although a legal qualification other than that assigned at that time is invoked.

Article 242.- Alternative accusation. The representative of the Public Prosecutor ' s Office may, alternatively, indicate the circumstances of the fact that the accused ' s behaviour may be framed in a different figure of the criminal law, in the event that the elements that make up his principal legal qualification are not proven in the debate. The same faculty will have the complaining party.

The alternative indictment shall be clearly and differentiated, as provided for in article 241, subparagraph (b).

Article 243.- Communication and activity of the complaint. Remission of proceedings. The representative of the Public Prosecutor ' s Office shall communicate the charge to the plaintiff with a copy of the writing containing it, placing the evidence at the disposal of that, for consultation, for the period of five (5) days.

In the specified time limit, the plaintiff may:

(a) Adhering to the indictment of the representative of the Public Prosecutor ' s Office or,

(b) To file an autonomous indictment, in which case it must comply with all the requirements required for the prosecution of the representative of the Public Prosecutor ' s Office.

In the event that he or she has become a civil actor, he or she must make his claim within the same time, accompanying the relevant evidence.

Upon expiry of the time limit provided for in the first paragraph, the representative of the Public Prosecutor ' s Office shall refer to the judicial office his indictment and, where appropriate, that of the plaintiff, together with the civil suit.

Article 244.- Citation of the defense. Within forty-eight (48) hours of receipt of the indictment, the judicial office shall replace the accused and his defence counsel for the period of ten (10) days, for the purposes of article 246.

If the defence justified the need for an extension of the established deadline, the judicial office may grant it for another 10 days.

With regard to the civilly respondent, the provisions of article 98 apply.

Article 245.- Evidence for trial. In providing evidence for the trial, the parties will submit the list of witnesses, experts and interpreters to be summoned to the debate and to the trial of the penalty.

The name, profession, domicile should be indicated, and where the documentary evidence is found for judges, in such cases, to require or authorize the party to obtain it.

Article 246.- Prosecution hearing. Development. Upon expiration of the time limit of article 244, the judicial office shall summon the parties and the victim, if appropriate, to a hearing within five (5) days.

As a preliminary matter, the accused and his defence may:

(a) Objet the prosecution or civil suit, indicating formal defects;

(b) Opposing exceptions;

(c) Installing the dismissal;

(d) Propose redress, conciliation, suspension of trial or application of the abbreviated trial procedure;

(e) Request that the facts subject to the allegations be unified when the diversity of approaches or circumstances prejudice the defence;

(f) Planning the union or separation of trials;

(g) Answer the civil lawsuit.

Solved issues, each party will provide its evidence for the two (2) stages of the trial and will formulate applications, observations and instances that it considers relevant to the requests made and the evidence provided by the other parties involved.

The parties may also request the judge to have certain facts, which may not be discussed in the trial.

The judge will prevent the hearing from discussing issues that are proper to the oral trial and will resolve exclusively with the evidence presented by the parties.

If the parties consider that in order to resolve any of the aspects of the control hearing it is necessary to produce evidence, they will be responsible for their production. If necessary, they may require legal aid.

The judge will fundamentally resolve all questions in the order that were raised.

Article 247.- Auto to open the oral trial. The opening of the oral trial will contain:

(a) The jurisdictional body competent to intervene in the oral proceedings;

(b) The prosecution admitted;

(c) The facts that were proven under the evidentiary conventions;

(d) The decision on the admissibility or inadmissibility of the evidence offered for the discussion and trial of the penalty, with the expression of the basis;

(e) The basis for which the opposition to the opening of the trial was rejected in whole or in part;

(f) The decision on the legitimization of the plaintiff to enable the opening of the trial or to intervene in it and, in the case of plurality of complainants, the order to unify personry, if appropriate;

(g) When the accused supports a coercion measure, the decision about the subsistence of the measure or its replacement;

(h) In its case, the indication of how litis has been blocked in civil demand and its response.

The opening of the oral trial is irrecurrible and will be referred to the corresponding judicial office.


Article 248.- Organization. Within forty-eight (48) hours of receipt of the opening order to trial the judicial office shall immediately proceed to:

(a) To draw the judges to intervene in the case;

(b) Fix the day and time of the debate hearing, which shall not be held before five (5) or after thirty (30) days of receipt of the proceedings. In cases of the application of the procedure provided for in article 292, the hearing of discussion shall be held before 10 days;

(c) Citing all parties involved;

(d) To receive from the parties the objects and documents to be analysed during the discussion;

(e) To have all other measures necessary for the organization and development of the trial.

The jurisdictional body shall not be able to notify or request the judicial office for the opening or other record that the court or the Public Prosecutor ' s Office possess.

In complex cases, or when requested by the parties, the head of the judicial office shall hold a preliminary hearing to resolve practical organizational matters.

The parties shall be responsible for notifying the witnesses and experts of the designated hearing and the respective summons to such proceedings through the Notifications Office, with the prevention that, in the event of unwarranted insistence, they shall be conducted by the public force.

Where the nature of the trial suggests that the hearing of the debate will be extended for more than twenty (20) days, one (1) or more substitute judges shall be drawn in accordance with the procedure established by the Law on the Organization and Competence of Federal and National Criminal Justice, who shall have the same obligations of assistance as the incumbent judges, but not to participate in the proceedings for the resolution of seeds or the obligations provided for in articles 269 and 270.

Article 249.- Integration of the jury court. The Jury Judgment Act shall determine the composition, integration, constitution, conduct and deliberation of the trial involving a jury court.

Article 250.- Trial Division in two stages. The trial will take place in two stages. The first will determine the existence of the act, its qualification and the criminal responsibility of the accused. If there had been a verdict of guilt, the second stage in which the penalty to be imposed, its modality and place of enforcement will be pursued.

Article 251.- Immediation. The trial will take place with the uninterrupted presence of judges and all parties.

The accused may not be removed from the hearing without permission from the jurisdictional body and will be represented by the defender if he refuses to remain.

In the event of the extension of the indictment or if its presence was necessary for any act of recognition, it may be brought before the public force.

The accused shall attend the hearing at large, but the court may have the necessary monitoring and precautionary measures to prevent his or her escape or acts of violence. If the accused is released, the jurisdictional body may order, in order to ensure the conduct of the hearing, his conduct by the public force.

If the representative of the Public Prosecutor ' s Office fails to appear without just cause, he or she will face serious and causal misconduct.

Article 252.- Advertising. The debate will be oral and public, under penalty of nullity. However, the court may provide, on the ground and if no alternative means exist, one or more of the following measures to protect the privacy or security of any person who must take part in the debate, or to avoid the disclosure of a secret whose disclosure is punishable or seriously affects the security of the State:

(a) Preventing access or ordering the departure of certain persons from the courtroom;

(b) Preventing access by the general public or ordering its temporary exit for the practice of specific tests;

(c) Prohibit parties, witnesses, experts, interpreters and other intervening parties who disclose information or make statements to the media during the trial on issues that have been excluded from advertising under the terms of the first paragraph.

The above-mentioned restrictions may only be made ex officio if the person to protect is not represented at the trial, or is a secret whose disclosure is punishable or seriously affects the security of the State. The parties may deduce the remedy of replenishment.

Disappearing the case of the restriction, the court will again allow the public to enter.

Article 253.- Public access. All persons shall have the right to access the courtroom. Children under the age of twelve (12) must be accompanied by an older person who responds to their conduct.

The court may limit access to the chamber on the basis of its capacity, although it will ensure that the hearings are held in places with the necessary space. Priority will be given to the presence of the victim, the relatives of the parties and the media.

Article 254.- Media. The media will be able to access the courtroom under the same conditions as the general public.

In the event that the media request entry to the live broadcasting room of the hearing, they will be authorized to install the necessary technical equipment, although their location will be arranged in such a way that it does not affect the normal development of the trial.

In the event that access is restricted by limits in the capacity of the room, they shall be provided with the records made pursuant to article 276, last paragraph.

The court shall inform the parties and witnesses of the presence of the media in the courtroom.

If the victim, a witness or the accused request that his or her voice or image be not disseminated in a safe manner, the court, after hearing the parties, shall examine the reasons and shall decide on the basis of the various interests involved. The court may order the distortion of the image or voice as less restrictive mechanisms than the prohibition of dissemination.

The court shall not authorize audio-visual transmission in the cases of article 157 or if the witness is a minor.

Article 255.- Orality. Any intervention by those participating in the debate hearing shall be made oral. The resolutions shall be orally dictated and substantiated by the judges and shall be notified from the time of their pronouncement, which shall be recorded in the record of the debate.

Judges will not admit the presentation of written arguments or petitions during the hearing, without prejudice to authorizing the intervening to use notes to help their memory.

However, those who cannot speak or do not know how to do it in the national language will intervene in writing or through interpreters.

Article 256.- Exceptions to orality. They can only be incorporated into the trial by reading or audio-visual exhibition:

(a) The evidence received in accordance with the rules of the trial advance, provided that the presence of the person who participated or witnessed the act is not possible;

(b) The documentary or reporting test and certifications;

(c) Records of previous statements of witnesses or experts who have died or fallen in physical or mental incapacity, or are absent from the country, or whose residence is ignored or who for any reason difficult to overcome cannot testify in the trial, provided that they have been received notifying the defence and in accordance with the other guidelines set out in this Code.

The reading or display of the essential elements at the hearing cannot be omitted even with the agreement of the parties.

Any other evidence which is intended to be brought to trial by its reading or display, except as provided for in article 158 (f), shall have no value, without prejudice to the submission of documents to the witness, expert or the accused to facilitate his memory or to provide explanations of what is found there, upon the authorization of the judges. In any case, the said discharges will be valued at the hearing.

Article 257.- Address of debate and discipline power. The presiding judge will conduct the hearing, make the legal warnings, receive the oaths, moderate the discussion and the interrogations by preventing impertinent interventions, without coercing the exercise of the accusation or the extent of the defence and exercising the powers of discipline.

It may also limit the time of use of the word to the parties that must intervene during the trial, by setting equal ceilings for all of them or by interrupting those who make manifestly abusive use of their right.

Article 258.- Continuity, suspension and interruption. The hearing will be held without interruption, during the consecutive sessions that are necessary until completion. For this purpose, consecutive meetings will be held on the following or subsequent day of the ordinary functioning of the court. The hearing may be suspended for up to 10 days, if:

(a) Any question which, by its nature, could not be decided immediately;

(b) Any act outside the place of the hearing may not be performed at the interval between one and another;

(c) No witnesses, experts or interpreters whose intervention was indispensable, except that other evidence could be continued until the absentee appeared or was brought before the public force;

(d) A judge, representative of the Public Prosecutor ' s Office or a defence counsel, shall be ill to the extent that they are unable to continue their proceedings in the trial, unless they may be replaced immediately;

(e) It shall be verified, through forensic medical opinion, that the accused is in adverse health conditions that do not allow him to continue his or her assistance or performance in the trial; in this case, the separation of proceedings may be ordered and the proceedings with the other accused may be continued;

(f) Any disclosure or retraction made it essential to produce a test measure;

(g) The accused or his or her defence counsel requested it after the extension of the indictment, provided that, in the circumstances of the case, it was not possible to proceed immediately.

When the debate had lasted for more than ten (10) daily hearing sessions and the assumption of subparagraph (d), the hearing may exceptionally be suspended for up to fifteen (15) days.

As long as the suspension exceeds the maximum deadline, the entire debate must be re-examined.

The rebelliousness or incapacity of the accused will interrupt the trial. If it was not found or did not recover the capacity within the tenth day from the suspension, the whole debate will be held again when these obstacles are overcome.

Article 259.- Impossibility of assistance. Persons who are unable to attend the hearing due to a justified impediment shall be examined at the place where they are located or through technological means to receive their declaration from a distance, as appropriate, and to ensure the participation of the parties. In the last case, a record will be released to be read at the hearing.

Article 260.- Constitution of the court instead of the courtroom. When they consider it necessary for the proper appreciation of certain relevant circumstances of the case, judges may be constituted in a place other than the courtroom, maintaining all the formalities of the trial.


Article 261.- Opening of the oral trial. Constituted the court on the day and time indicated, the trial will be opened, warning the defendant about the importance and meaning of what will happen.

The floor shall immediately be given to the representative of the Public Prosecutor ' s Office and the plaintiff to explain the content of the indictment, the facts, the evidence they will produce to prove the accusation and the legal qualification they intend. If he had been a civil actor, the word will be given to explain his claim. The defender will then be invited to present his case.

The act of accusation or defence cannot be read.

In the course of the hearing, the accused may make all statements he deems appropriate. The parties may ask questions or require clarification.

Article 262.- Enlargement of the indictment. In the course of the debate, by a revelation or retraction, an account of the fact of the charge not contained therein, which is relevant to the legal qualification, the representative of the Public Prosecutor's Office or the plaintiff may extend the indictment.

In such a case, they shall disclose to the accused the new circumstances attributed to him and the judge shall inform all parties that they shall have the right to request the suspension of the debate to provide further evidence or to prepare the defence.

Where the new circumstance substantially modifies the prosecution, the defence may request a new trial.

The correction of simple material errors can be made during the hearing without being considered an extension.

Article 263.- Reception of evidence. After the initial interventions of the parties, the proposed evidence will be received in the order agreed upon by the parties. In the absence of an agreement, the Public Prosecutor ' s Office will receive first of all, then that of the complaint and, finally, that of the defence. Each party shall determine the order in which it shall render its evidence.

At the request of the parties or even on its own motion, the court may exceptionally resolve that witnesses are not communicated to each other or to other persons, and that they cannot see, hear or be informed of what is happening in the courtroom, for which they may be held in the courtroom for the minimum time required. It should ensure both the comfort and the proper food and hygiene of witnesses, especially considering their ages and physical conditions.

After declaring, the court will decide whether to remain incommunicado in the prelude.

If, by the extension of the debate, incommunicado detention was not possible, the court may order the media to defer the audio-visual dissemination of such testimonies which might substantially affect the content of subsequent declarations, until the reasons for this restriction cease.

However, non-compliance with incommunicado detention will not prevent the witness ' s statement, but the judges will appreciate this circumstance by assessing the evidence.

Article 264.- Interrogatory. Witnesses and experts, after taking an oath, will be interrogated by the parties, beginning with the one who offered the test.

A further interrogation may not be authorized after the counter-examination, except if it is essential to consider new information that had not been consulted in the direct examination.

No suggestive or indicative questions will be admitted in the direct examination unless the treatment for the hostile witness is authorized.

In the counter-examination the parties may confront the witness or expert with their own sayings or other versions.

In no case will deceptive, repetitive, ambiguous questions be admitted or intended to coerce the witness or expert.

The parties may object to inadmissible questions indicating the reason. Judges will immediately take the floor if the excess is manifested or then decide the counterpart replica.

Judges cannot ask questions.

Witnesses and experts who, for some serious and difficult reason to overcome, may not be able to appear at the trial hearing, may do so through videoconference or through any other technological means suitable for their examination and counter-examination.

Article 265.- Guys. The experts will present their conclusions orally. For this purpose, they will be able to consult their written reports and avail themselves of all useful auxiliary elements to explain the expert operations carried out.

Article 266.- Other means of proof. The documents will be read and displayed at the hearing, indicating their origin.

The objects and other elements of sequestered conviction will be displayed for recognition by witnesses, experts or the accused.

Audio recordings and audio-visual test elements will be reproduced.

The parties may unanimously agree on the reading, display or partial reproduction of these means of proof when based on the purpose of the debate.

The parties shall plead and the judge shall decide only on the evidence produced in the debate.

Article 267.- Evidence not requested in due course. At the request of any party, the judges may order the receipt of evidence that they have not offered in due course, if they have not been known at the time of the offer of proof.

If, on the occasion of the receipt of evidence, a dispute arises solely in relation to its veracity, authenticity or integrity, the court may, at the request of a party, authorize the production of other evidence intended to clarify such points, even if they have not been offered in due course and provided that it has not been possible to foresee their need.

Article 268.- Final Discussion. Upon completion of the receipt of the evidence, the presiding officer shall successively give the floor to the representative of the Public Prosecutor ' s Office, to the plaintiff, to the civil actor, to the defence counsel and to the civilly suede in that order to express their conclusions and submit their requests. The court shall take into consideration the extension of the trial or complexity of the case in order to determine the time it shall grant for that purpose.

Memorials may not be read, without prejudice to partial reading of notes.

If more than one representative of the Public Prosecutor ' s Office, a plaintiff or a defender, all may speak by handing out their tasks to avoid repetitions or delays.

All parties may replicate, but the last word will be for the defence counsel.

At the end of the allegation, he would express his requests in a specific manner.

Finally, the accused will be asked if he has anything else to manifest and the parties will be summoned to communicate the jurisdictional decision, noting the time of his reading.

The court shall reasonably limit the duration of the last words of the accused, in order to prevent them from becoming new pleadings.

Article 269.- Deliberation of responsibility. With the closure of the debate, the judges shall immediately and without interruption deliberate in secret all matters relating to the determination of criminal responsibility and, eventually, civil liability.

If the judges find the accused innocent, they must issue an acquittal sentence without further action.

If the judges have not reached a decision at the appointed time, they will know the new appointed hour for reading. Without prejudice to the requirements for complex processes, deliberation may be extended exceptionally for a maximum period of forty-eight (48) hours, except for a serious illness of any of them. In this case the suspension may not last more than ten (10) days, after which the trial must be held again.

As long as the deliberation lasts, the judges cannot intervene in another trial.

Before reading the operative part of the sentence, one of the judges will recount the basis for the decision.

Article 270.- Hearing of sentence determination. At the same time as the plea of guilt was made known, the judge shall, within forty-eight (48) hours, set a hearing on the penalty and its mode of enforcement.

In the hearing and deliberation they will govern the same rules set forth in this Chapter.

In cases where civil action has been exercised, the judges shall establish compensation, if appropriate.


Article 271.- Sentencing requirements. The sentence shall contain:

(a) The place and date on which the composition of the judicial body, the name of the judges and the parties, the personal data of the accused and the statement of the fact that he has been charged and, where appropriate, civil action;

(b) The judge ' s vote on each of the issues raised, with a presentation of the grounds on which they are based;

(c) The precise and circumstantial determination of the fact that is deemed to be accredited;

(d) The operative part with reference to the applicable rules;

(e) The signature of judges.

Article 272.- Writing and reading. The sentence will be drawn up and signed immediately after the last deliberation. Judges will be re-established in the courtroom, after verbally summoning the parties and the public. The document will be read out loud to those who appear.

Judges may differ from the wording of the judgement within a period not exceeding five (5) days.

If one of the judges could not subscribe to the sentence for further impediment to the reading of its operative part, it would be recorded and that would be valid without signature.

If the suspension provided for in article 258 had been verified, the period set out in the second paragraph would be ten (10) days and it could be extended to twenty (20) days when the hearing had been extended for more than three (3) months.

The judgement shall be notified by its comprehensive reading of all parties who have attended it.

Article 273.- Correlation between indictment and sentence. The judgement may not be subject to any other facts or circumstances described in the indictment and, if any, to the extension of the indictment. Nor may it give the fact a different legal qualification, except for the benefit of the defendant provided that it has been discussed.

Judges may only resolve what has been a matter of debate. They may not impose a more serious penalty than the one requested by the accusers and shall absolve in the case where both so require.

Article 274.- Decision. The acquittal of the accused will entail ordering his freedom and the cessation of the precautionary measures that will be implemented immediately, even if the decision is not final, and will be implemented directly from the courtroom.

The acquittal will also fix the costs and decide on the restitution of objects affected to the procedure that are not subject to confiscation.

If the sentence was a conviction, it would also provide the appropriate penalties and the inconsequential penalties.

In the case where the civil action has been exercised, the acquittal or conviction shall consider its provenance, shall establish reparation for the damages caused or compensation.

Article 275.- Forfeiture. In cases in which he is convicted, he shall decide to forfeiture the things that have served to commit the act and the things or profits that are the proceeds or profits of the crime, in favour of the national State, except the rights of restitution or compensation of the injured person and of third parties.

If things were dangerous for common security, the confiscation may be ordered even if it affects third parties, except their right, if they were in good faith, to be compensated.

If the author or shareholders have acted as the rulers of someone or as organs, members or administrators of an ideal person, and the proceeds or profits of the offence have benefited the person or the person of ideal existence, the committal shall be pronounced against them. If the proceeds or profits of the offence had benefited a third party on a free basis, the confiscation shall be pronounced against it.

If the confiscated thing is of use or cultural value for any official establishment or public good, the respective national, provincial or municipal authority may arrange for its surrender to such entities. If it were not and had commercial value, it would have its disposal. If it had no value, it will be destroyed.

In the event of a conviction for any of the offences provided for in articles 125, 125 bis, 127, 140, 142 bis, 145 bis, 145 ter and 170 of the Criminal Code, it shall be included among the objects to confiscate the piece of furniture or property where the victim is kept deprived of his liberty or object of exploitation. The confiscated property for such crimes, in accordance with the terms of this article, and the proceeding of the fines imposed, shall be affected by programmes of assistance to the victim.

If firearms, ammunition or explosives have been abducted on the basis of the commission of any offence, they shall be confiscated and destroyed in public action within six (6) months of the date of their seizure. Exceptionally, within that time period, the seized material will be returned to its record holder when the record holder or its dependents do not have any connection with the fact that it has been seized and the loss or theft has been duly and promptly reported to the National Arms Register (RENAR).

Within the time frame set out in the preceding paragraph, the Public Prosecutor ' s Office shall endeavour to produce all the evidence measures related to this material and shall observe the requirements of the procedural regulations for the implementation of irreproducible evidentiary measures. The period for confiscation and destruction may be extended by the judge, for the sole time and for the same period, at the request of the parties. Once the established deadlines have expired, the authority for the implementation of the National Arms and Explosives Act 20,429 shall be authorized to proceed with administrative confiscation.

In those proceedings investigating the commission of the offences provided for in articles 5 (c), 6th first and third paragraph and 7th of Act 23,737, and articles 145 bis and 145 ter and Title XIII of the Second Book of the Criminal Code, where there are vehement indications and sufficient that the things or profits referred to in this article are source or come from the Public Prosecutor ' s order, or have served as a judge.

In the cases provided for in the preceding paragraph, the relevant incident will be promoted in order to safeguard the rights of third parties other than the criminal act. A special law shall determine the procedure governing the incident and the necessary policy adjustments.

The claim or litigation of the origin, nature or property of things will be made through administrative or civil restitution action. If the thing has been auctioned, the monetary value may be claimed only.

The judge, at the request of the representative of the Public Prosecutor ' s Office, shall take the necessary precautionary measures to ensure the forfeiture of the property, funds of commerce, deposits, vehicles, computer, technical and communication elements and any other thing or property rights on which, because of the instruments or effects related to the offences under investigation, the forfeiture may presumably fall.

The same scope may have precautionary measures aimed at halting the commission of the crime or its effects, preventing the consolidation of its profit or preventing the impunity of its participants. In all cases, the rights to restitution or compensation for the survivor and third parties must be saved.


Article 276.- Shape. From the trial hearing, a record will be broken that will contain:

(a) The place and date, with indication of the time of commencement and completion, as well as suspensions and resumptions;

(b) Mention of judges, jurors and parties;

(c) Personal data of the accused;

(d) A brief summary of the development of the hearing, indicating the personal data of witnesses, experts and interpreters and the reference to the documents read;

(e) Applications and decisions made in the course of the trial and final requests of the parties;

(f) The observance of essential formalities, specifically whether public or partially publicity was excluded, with reference to the reasons for the decision;

(g) Other mentions provided for by law or those ordered by the President, including at the request of the parties involved;

(h) The verdict of the jury and the operative part of the judgment;

(i) The record of reading the sentence or its differentiation;

(j) The signature of the president judge and that of the official responsible for making the record.

The audience will be recorded in full by audio or video support.

Article 277.- Record value. The record and audio or video records will, in principle, demonstrate the manner in which the trial was developed, the observance of the formalities envisaged, the persons who have intervened and the acts that were carried out.

The lack or insufficiency in the record of the statements provided for in article 276 alone will not give rise to a reason for challenging the judgement.

Article 278.- Supplementary application. The rules set forth in this Book shall apply in the special procedures, as long as they are compatible and in the absence of particular rules.


Article 279.- Promotion. Any person who is legally authorized to prosecute for a private offence shall make a complaint, either by himself or by a special person.

In the same way, a person who is a victim of a crime of public action must proceed and is empowered to make the conversion to private action, as provided for in this Code.

The filing of a complaint shall contain the requirements listed in articles 82 and 241 and a copy of the complaint shall be accompanied and, if any, of the respective power, by each complaint. In the cases of the second paragraph, a faithful copy of the procedural acts performed by this procedure should also be added.

The judicial office shall be responsible for the custody of the relevant legajo and for the evidence that has been accompanied. The judge must be appointed to intervene in the case.

Article 280.- Dismissal. The complaint shall be dismissed on the grounds that the alleged act does not constitute a crime or if any of the requirements provided for in article 279 could not be acted or failed. The writing and other accompanying elements will be returned to the pretensive plaintiff, who will be able to reiterate his request, correcting his defects if possible, with reference to the previous decision.

Article 281.- Prior judicial help. If it had not been possible to identify or identify the respondent or determine his or her address or if to describe the offence clearly, precisely and circumstantially, it was essential to carry out proceedings that the plaintiff could not carry out by himself, it would require judicial assistance in his presentation, indicating the relevant measures.

The judge will provide the aid, if appropriate. Then the plaintiff will complement his complaint and eventually his lawsuit within ten (10) days of the missing information. The plaintiff shall be subject to the judge ' s jurisdiction in all matters concerning the trial of him and his legal consequences.

Article 282.- Conciliation hearing. Admitted to the complaint, the judge shall convene a conciliation hearing and order the judicial office to:

(a) Set a day and time within fifteen (15) days to conduct the hearing;

(b) Designate an enabled mediator to intervene at the hearing;

(c) To conduct relevant communications;

(d) To forward to each of the defendants, a copy of the complaint and, if any, of the power and civil suit, urging them to designate defence counsel under the expectation of appointing them a public, not to communicate that circumstance in advance of forty-eight (48) hours to the date for which the hearing was set.

Article 283.- Conciliation and retraction. If the parties reconcile in the hearing or in any state of the trial, it will be over and the costs will be in the order caused, unless otherwise agreed.

When it comes to crimes against honour, if the defendant retracts at the hearing or provides satisfactory explanations, it will be dismissed and the costs will be in charge.

If the plaintiff does not accept the retraction, as it considers it insufficient, the judge will decide at the hearing. The retraction will be published at the request of the plaintiff in the manner that the judge deems appropriate.

Article 284.- Accumulation of cases. The accumulation of cases for the offence of private action shall be governed by the common provisions, but they shall not be accumulated with those charged with offences of public action, except in the cases of article 54 of the Criminal Code.

Cases for mutual injuries will also be accumulated.

Article 285.- Later procedure. If the conciliation is not achieved, the judge through the judicial office will place the accused in order to provide evidence within 10 days, to deduce exceptions and, if he is civilly sued, to answer the complaint.

Upon expiration of that time limit, the judge shall decide on the admissibility of the evidence offered and shall summon the parties to court ordering that the judicial office should proceed to set the day and time for the hearing.

Those who have offered evidence shall take their charge in the trial and the judge shall decide only with the evidence to be incorporated and the witnesses present. If necessary, judicial aid may be required.

Article 286.- Express withdrawal. Civil action reserve. The plaintiff may expressly desist from criminal proceedings in any state of the proceedings, but shall be subject to the emerging responsibility of his previous acts.

The withdrawal may not be subject to conditions, but it may be expressed that civil action is reserved if it has not been promoted together with the criminal.

Criminal proceedings shall be abandoned in the cases of article 87.

Article 287.- Effects of withdrawal. If the judge declares the criminal proceedings extinct, he shall oversee the plaintiff and impose the costs on the plaintiff, unless otherwise agreed by the parties.

The withdrawal of criminal proceedings would favor all those who had participated in the trial that motivated it.


Article 288.- Budgets and opportunity for the full agreement. It shall apply to the facts on which the representative of the Public Prosecutor ' s Office considers sufficient the imposition of a custodial sentence of less than six (6) years.

It will be necessary for the accused to expressly accept the facts of the indictment and the background of the preparatory investigation that will substantiate it and demonstrate its conformity with the application of this procedure.

The existence of several accused in the same process will not prevent the application of the rule of the abbreviated trial to any of them. In that case, the agreement with an accused person may not be used as evidence against the other accused by the same facts referred to in the agreement.

In cases not provided for in this Title, the provisions governing the common procedure shall apply.

Full agreement may be agreed upon from the formalization of the preparatory investigation and to the prosecution control hearing.

Article 289.- Hearing. The parties shall explain to the judge the scope of the agreement and the evidence collected or agreed upon to demonstrate the circumstances of the accused. The judge may question the parties on the ends of the agreement and the information collected or agreed upon.

The plaintiff may object only if in his indictment he has made a legal qualification of the facts, attributed a form of participation or indicated modificational circumstances of the criminal liability, different from those consigned by the representative of the Public Prosecutor ' s Office and, as a result, the applicable penalty exceeds the limit set out in article 288.

The judge, prior to the determination, shall ensure that the accused renders his or her conformity freely and voluntarily, that he or she knows the terms of the agreement, its consequences and his or her right to demand an oral trial.

Article 290.- Sentence. At the same hearing, the judge shall issue a sentence of conviction or acquittal, which shall succinctly contain the requirements of this Code.

In the event of a conviction, it may not be pronounced solely on the basis of the acceptance of the facts by the accused. The penalty imposed may not exceed the sentence agreed by the parties or modify its form of execution, without prejudice to the application of a minor penalty.

If the judge considers that the agreement does not comply with the legal requirements, he shall declare its inadmissibility. In this case, the representative of the Public Prosecutor ' s Office may not apply in the common procedure for a sentence exceeding that required in the abbreviated procedure. The admission of the facts by the accused cannot be regarded as a recognition of guilt.

Civil action will be resolved when a party agreement exists; if not, it may be deducted at a civilian headquarters.

Article 291.- Partial agreement. During the preparatory stage and even the prosecution control hearing, the parties may agree exclusively on the facts and request a trial on guilt and punishment.

The request should contain the description of the agreed fact and the offer of evidence for its determination, as well as any evidence that the parties deem relevant to the determination of the penalty.

The parties will be summoned to a hearing to verify compliance with formal requirements, discuss the qualification and accept or reject the evidence. Otherwise, they govern the rules of common judgment.

Partial agreement shall be made for all offences.

Article 292.- Direct trial agreement. At the preparatory investigation formalization hearing, the parties may agree on the direct conduct of the trial.

The request shall contain a description of the fact by which the representative of the Public Prosecutor ' s Office or the plaintiff accuse and offer evidence from the parties.

At the same hearing, the plaintiff may join the prosecution of the representative of the Public Prosecutor ' s Office or charge independently and indicate the evidence for the trial.

The prosecution and the defence will be based directly on the trial.

At the end of the hearing, the judge will issue the opening order to trial. Otherwise, the common rules will apply.

The direct trial agreement will proceed for all crimes.

This procedure shall be mandatory in the cases provided for in article 184, for offences whose minimum penalty does not exceed three (3) years ' imprisonment, unless the prosecutor or the defence properly requested the use of the ordinary procedure, on the basis of the complexity of the investigation.


Article 293.- Proceeding and processing. In the event that the collection of evidence or the conduct of the debate would be complex by virtue of the quantity or characteristics of the facts, the high number of accused or victims, or by cases of organized or transnational crime, at the request of any party, the judge may well authorize the application of the special rules provided for in this Title.

The decision granting the request shall be challenged by the parties.

Article 294.- Periods. Once this procedure is authorized, it will produce the following effects:

(a) The maximum duration of the entire procedure shall be extended to six (6) years;

(b) The maximum duration of the preparatory investigation shall be extended to two (2) years, which may be extended only for a period not exceeding one (1) year;

(c) The time frames for the intervention, recording or recording of communications will double;

(d) The full duration of the investigation file may be extended up to thirty (30) days, and may be extended for an equal period, in accordance with the conditions set out in article 201;

(e) The duration of the debate, the deliberation and the filing of the objections will double;

(f) The deadlines set in favour of the parties for any action and those setting a certain time to hold hearings will double.

Article 295.- Common rules. In everything else, they will rule the rules of the common procedure.

Judges shall ensure that the application of the rules set forth in this Title does not denaturalize the rights and guarantees provided for in the National Constitution, international human rights instruments and this Code.

Article 296.- Researchers on reserve. The representative of the Public Prosecutor ' s Office may request the judge at a unilateral hearing to authorize the identity of one or more investigators if this is manifestly useful for the development of the investigation.

The judge shall set the time limit for the reservation of identity which shall be extended only if the grounds of the petition are renewed.


Article 297.- General principle. Judicial decisions shall be challenged only by means and in cases expressly established.

The right to appeal shall apply only to those expressly recognized, and invoke a direct interest in the elimination, revocation or reform of the contested resolution. The representative of the Public Prosecutor ' s Office may appeal even in favour of the accused.

Article 298.- Accession. Any person who has the right to challenge may, in the course of the procedure provided for in article 313, accede to the challenge filed by any of the parties, provided that it expresses the grounds on which it is founded.

Article 299.- Decisions during hearings. During the hearings only the revocation will be admissible, which will proceed against unsubstantiated cars and will be resolved immediately, after the parties' intervention. His approach will mean the reservation to challenge the sentence.

Article 300.- Suspensive effect. The judicial decisions shall not be executed during the time limit to challenge and while the court is in the process of control, unless otherwise provided. Nor shall they be executed if the defendant ' s freedom or lesser conditions had been ordered.

Article 301.- Extensive effect. If in a process there were several defendants or civilly sued, the appeal filed in the interests of one of them would favor the others, provided that the reasons for the case were not exclusively personal.

Article 302.- Disruption. The parties that have filed a challenge may desist it before its resolution, without prejudice to responding on the shores.

The defence counsel shall not be able to desist from the resources filed without express mandate of his representative, after his or her interposition.

The withdrawal will not affect those who have acceded to the challenge.

Article 303.- Competition. Judges with review functions to whom the control of a judicial decision is appropriate will be competent in relation to the points that motivate the grievances and the control of constitutionality.

The objections filed by the accusers will permit the modification or revocation of the resolution even in favour of the accused.

Article 304.- Damage reform. If the resolution had been contested only by the accused or in his favour, it could not be amended to the effect.


Article 305.- Legitimization of the accused. The accused may challenge:

(a) The conviction and sentence imposed on it;

(b) Coercion and other precautionary measures and denial of the suspension of trial;

(c) Revoking the dismissal;

(d) The decision to apply to a process the rules of articles 293 et seq. and the denial of such application if requested by the accused;

(e) Decisions made during the execution of the sentence.

Article 306.- Legitimization of the complaint. The plaintiff may challenge the dismissal, acquittal and conviction if the penalty applied is less than half of the penalty sought. It may also challenge other resolutions that put an end to the action or to the penalty or make it impossible for the proceedings to continue and the denial or revocation of precautionary measures, where there were no two (2) pronouncements in the same sense.

The plaintiff, a civil actor, may appeal:

(a) The dismissal based on the absence of the act;

(b) The total or partial rejection of claims deducted in demand, provided that their grievances exceed the weights of 50 thousand ($ 50,000).

Article 307.- Legitimation of the civilly demanded. The civil defendant may appeal the conviction to the extent of his injury.

Article 308.- Legitimation of the representative of the Public Prosecutor ' s Office. The representative of the Public Prosecutor ' s Office may challenge judicial decisions in the following cases:

(a) The dismissals and other resolutions that put an end to the action or to the penalty or make it impossible for the proceedings to continue and the denial or revocation of precautionary measures, where there had been no two (2) pronouncements in the same sense;

(b) The acquittal sentence;

(c) The conviction, if the penalty applied is less than half the penalty claimed;

(d) Decisions taken during the execution of the sentence.

These limits will not govern whether the accused is a public official and the fact has been committed in the exercise of or on the occasion of the function.


Article 309.- Rebuttable decisions. The rejection of the claim to be part of the complaint may only be challenged, decisions on competition issues, dismissal, final judgement, exceptions, application of precautionary measures, denial of the application of the suspension of the trial, abbreviated procedures and decisions taken during the execution of the sentence.

Article 310.- Overbearing. The dismissal may be contested for the following reasons:

(a) If it lacks sufficient motivation, it is based on an erroneous assessment of the evidence or omits the consideration of essential evidence;

(b) If a legal precept had been misobserved or applied.

Article 311.- Sentence of conviction. The conviction may be contested for the following reasons:

(a) If the non-observance of a constitutional or legal precept or guarantee is alleged;

(b) If criminal law had been misapplied;

(c) If it lacks sufficient motivation or is contradictory, unreasonable or arbitrary;

(d) If it is based on unlawful or readable evidence in cases not authorized by this Code;

(e) If decisive evidence had been omitted or non-existent evidence had been assessed;

(f) If there had been, erroneously, an assessment or determination of the facts underlying the conviction and sentence;

(g) If the rules concerning the correlation between the prosecution and the judgement had not been observed;

(h) If the essential requirements of the judgement are not met;

(i) If any of the cases authorizing the review of the final conviction were given;

(j) If the debate had not been respected.

Article 312.- Absolute judgment. The acquittal judgement may be challenged for the following reasons:

(a) If the non-observance of the right to judicial guardianship of the victim is alleged;

(b) If the law had been misapplied;

(c) If the sentence lacks sufficient motivation or is contradictory, unreasonable or arbitrary;

(d) If the essential requirements of the judgement are not met.


Article 313.- Interposition. The challenge shall be filed in writing, duly substantiated, before the judge who rendered the decision, within ten (10) days if it were a conviction or acquittal, of three (3) days for the application of a precautionary measure and of five (5) days in the other cases, unless the Code provides for immediate review.

If the challenge was filed and founded in the same hearing, the remedy shall be complied with in that act.

If more than one reason for challenge is indicated, it must be expressed separately on its basis.

In the event that the judges reviewing the decision have their seat in a different place, the party should specify how to receive communications.

The contestant must accompany the copies necessary for the transfer to the other parties.

If formal defects were to be adduced in the challenge, the person who lodged it must be inestimated for them to be corrected within five (5) days, subject to inadmissibility. If the challenge is filed outside the deadline, it will be rejected without further action.

The judicial office will send copies of the challenge to the other parties, at which time the accessions can be deducted, the judges who will intervene and set a hearing within five (5) days of the last communication.

Article 314.- Hearing and proof. The hearing shall be held with all parties, who shall present orally the basis for their challenge. Judges will promote the contradiction between them in order to hear the different opinions that have been challenged. The parties may broaden the basis or desist from any of the issues. In this act the accused may introduce new motives.

At the hearing, judges may question the applicants on the issues raised and their legal, doctrinal or case law grounds.

If the challenger requires the production of evidence, he will offer it along with the interposition writing, specifically pointing to the fact that it is intended to prove. The judges will receive it at the same hearing if they consider it necessary and useful. The person who offered it will take charge of the presentation and the judges will only solve the evidence admitted and that it occurs.

Article 315.- Resolution time. If the contested decision was a judgement, the judges with review functions will issue the ruling within twenty (20) days after the hearing took place. In all other cases, judges shall immediately resolve the case by providing the basis upon completion of the case, unless the parties agree on a longer time for the newness or complexity of the matter.

Article 316.- Revocation or annulment of the sentence. If the cancellation is partial, the specific object of the new trial or resolution shall be indicated. If, for the purpose of the resolution, the accused ' s prison must be terminated, the review judges shall order freedom directly.

If the right application of the law resulted in the acquittal of the accused, the extinction of criminal proceedings, or it was clear that a new sentence would not be necessary to conduct a new trial; the jurisdictional body would resolve directly without resentment.

In such cases, if the challenge was promoted by the representative of the Public Prosecutor ' s Office or the plaintiff and was adverse to the defendant, it may request review by three (3) other judges.

Article 317.- I'm forwarding. In all cases, review judges must resolve without remission. If this is inevitable, the judges who met in the annulled trial cannot intervene.

If the transfer proceeds as a result of the challenge of the accused, or of the representative of the Public Prosecutor ' s Office in his favour, the new trial shall not apply a penalty higher than that imposed in the former.

If a second acquittal is obtained in the new trial, this decision will not be subject to any challenge.


Article 318.- Proceeding. The review of a final judgement is carried out at all times and only in favour of the convicted person, for the following reasons:

(a) The facts established as the basis of the conviction were inconcilable to those established by another irrevocable criminal sentence;

(b) The contested judgement would have been based on documentary or testimonial evidence whose falsehood had been declared in an irrevocable subsequent judgement, or it would be evident even if there was no subsequent procedure;

(c) The conviction would have been pronounced as a result of prevarication, co-execution or other offence whose existence had been declared in an irrevocable subsequent judgement;

(d) After the conviction, new facts or evidence emerged that, alone or together with those already examined in the proceedings, made it clear that the act did not exist, that the convicted person did not commit it, that the act committed is not punishable or fits into a more favourable criminal rule;

(e) It is incumbent upon retroactively to implement a change in legislation favouring the convicted person;

(f) In the specific case, a judgement of the Inter-American Court of Human Rights or a decision of a treaty body is issued in an individual communication.

The rejection of the request for review will not prevent a new order based on different grounds.

Article 319.- Legitimation. You may request the review:

(a) The convicted person or his or her defender;

(b) The representative of the Public Prosecutor ' s Office in favour of the convicted person;

(c) The spouse, convivant, ascendant or descendant of the convicted person, if he had died.

Article 320.- Interposition. The request for review will be filed in writing with the judicial office, who will draw three (3) judges to settle it, except for those who had intervened in the case. It should contain the specific reference to the grounds on which it is based, applicable legal provisions and copy of the sentence. Along with the writing, the tests will be offered and the documents will be added.

Article 321.- Procedure. For the procedure, they shall govern the rules set for the challenge, as soon as applicable. Judges may arrange for all preparatory inquiries and procedures that they consider useful and delegate their execution to any of their members.

The provisional release of the sentenced person, with or without restraint, may be available during the review procedure.

Article 322.- Resolution. The sentence may be nullified by referring to a new trial when the case so requires or directly pronounces the final judgment.

If the sentence was acquittal or declared the extinction of criminal proceedings, the defendant ' s liberty, the restitution of the paid fine and confiscated objects shall be ordered.

The court shall decide after hearing the parties, compensation for the convicted person or his heirs, in accordance with articles 346 and 347.


Article 323.- Rights. The convicted person may exercise all the rights and powers recognized by the National Constitution, international human rights instruments and criminal laws during the execution of the sentence, and may lodge complaints and petitions that he deem appropriate with the judges.

Article 324.- Technical defence and access to information. The technical defence of the convicted person may be exercised by the defender who acted until the final judgement provided that the convicted person ratifys the acceptance of the position before the judge with performance functions or by another trusted defender who proposes the convicted person. In the event that he does not have a trusted lawyer, a public defender will be appointed.

The convicted person and his or her counsel may take account of all reports of the Prison Service that are linked or may influence the way of serving the sentence.

Article 325.- Victim's rights. The victim shall have the right to be informed of the initiation of any seed in which any form of early release of the convicted person may be decided, or the extinction of the sentence or the security measure, provided that he has expressly requested it before the Public Prosecutor ' s Office. To this end, you must set a domicile and indicate how you will receive the communications.

In this case, the Public Prosecutor ' s Office shall listen to the victim and, where appropriate, request that the victim be heard by the intervening judge.


Article 326.- Absolute judgment. The acquittal judgement shall be executed immediately by the trial judges, even if it is appealed. When it becomes firm, judges with trial functions shall order, through the judicial office, the corresponding registrations and communications.

Article 327.- Remission of sentence. Firm sentences may only be enforced. The jurisdictional body shall transmit to the judicial office a copy of the sentence to form the criminal execution folder and inform the judge and the parties involved.

Article 328.- Computed. The judge with enforcement functions shall exercise the computation of sentence by setting the date on which the sentence shall be terminated, and any institute involving a temporary or definitive discharge, in accordance with the law of criminal execution. The computation will be communicated to the parties who can observe it within three (3) days. The opposition will be held in court.

Without prejudice to this, the computation will always be revitalized, even on its own, if a formal or material error or new circumstances were checked, it would be necessary.

Approved the computation, the judicial office will immediately have appropriate communications and registrations to begin the execution of the sentence.

Article 329.- Unification of sentences or convictions. If, during the execution of the sentence, the parties may notice that the unification of sentences or convictions proceeds, the judge with enforcement functions shall decide upon a hearing by parties. In these cases, the judge who unified may not control or intervene in his execution.

In the event that the unification could substantially modify the amount of the sentence or its modality of performance, the judge with enforcement functions, at the request of the party, shall conduct a further judgement on the penalty.

Article 330.- Different. The execution of a custodial sentence may be deferred by the judge with enforcement functions in the following cases:

(a) When a pregnant woman or a child under twelve (12) months at the time of the sentence is required;

(b) When the sentenced person is seriously ill and the immediate execution endangers his life, according to the expert opinion.

When such conditions cease, the sentence shall be executed immediately, unless the judge has any form other than the execution of the sentence under the existing legislation.

Article 331.- Judicial control of rules of conduct. If a conditional sentence, an educational or curative measure or conditional, assisted or any other form of alternative punishment is imposed, the control of the rules of conduct imposed will be done through the judicial office, which will make the information available to the parties to make their requests.

The judicial office shall regularly record compliance with the rules and, if it becomes a breach, shall notify the parties.

The substance of the revocation or enforcement of the rules shall be held in court, before the judge with performance functions.

Article 332.- Transmit. The Public Prosecutor ' s Office, the convicted person and his or her defence counsel may make such proposals as they deem necessary before the judge with enforcement functions. These should be resolved at hearing, with the participation of the parties.

If it is necessary to produce evidence, the party proposing it shall be responsible for presenting it, on the order of the judge or of the judicial office when it is necessary to complete it.

The Prison Service shall transmit to the judicial office all reports legally provided for the settlement of orders for transitional or final discharges one (1) month prior to the date provided for in the calculation of the penalty. In other cases, if reports of the Prison Service were required for the conduct of the hearings, it should be issued within a maximum period of five (5) days. The request for reports will be made through the judicial office.

The resolution shall set the necessary conditions and instructions in accordance with the requested institute and order the competent authority to monitor it.

If for reasons of distance the convicted person could not attend, the hearing will be conducted by technological means. In this case, the privacy of communication between the convicted person and his or her defender should be ensured throughout his or her development.

Article 333.- Review. The decisions of the enforcement judge may be reviewed in court. The request for review will be filed within five (5) days, in writing with the judicial office, who will draw three (3) judges to settle it, except those who had intervened in the case. It should contain the specific reference to the grounds on which it is based, the applicable legal provisions and copy of the contested decision. The hearing must be completed within five (5) days.

Judges will resolve immediately.

Article 334.- Compliance with a health facility. If, during the execution of the custodial sentence, the sentenced person suffers from a disease, the judge with performance functions, after expert opinion, shall have his or her placement in an appropriate facility, if it is not possible to take care of him or her in the place where he or she is staying or this is of serious danger to his or her health.

The time of detention shall be computed for the purpose of the sentence, provided that the sentenced person is deprived of his liberty and that the illness has not been simulated or sought to escape the execution of the sentence in a prison. Detention may not affect progress in the progressive implementation system.

Article 335.- Fine. If the sentenced person does not pay the fine within the time limit set by the sentence, he or she will be summoned to indicate whether he or she intends to replace it with community work or request a new time limit to pay it. The judge may authorize payment in instalments.

If necessary, the judge shall proceed to the embargo and to the public sale of the goods seized, in accordance with the Code of Civil and Commercial Procedure of the Nation, or shall execute the captions.

The control will be carried out by the judicial office and the investigation will be held in court.


Article 336.- Implementation. If the sentence imposes a sentence of disqualification, the enforcement judge shall perform the computation and, through the judicial office, shall order the registrations, annotations and other appropriate measures.

The plantings that arise concerning their compliance and the procedure for rehabilitation shall be governed by the provisions of Title II of this Book.


Article 337.- Civil execution. The execution of civil convictions in the judgement shall be governed by the rules of the Code of Civil and Commercial Procedure of the Nation.


Article 338.- Imposition. Any decision terminating the proceedings shall be pronounced on the payment of the procedural costs.

These shall be imposed on the party concerned, unless the judges have reason enough to exempt it in whole or in part.

Representatives of the Public Prosecutor ' s Office and ombudsmen may only be convicted on shores in cases of fear, malice or serious guilt.

The provisions of the Code of Civil and Commercial Procedure of the Nation shall be supplemented.

Article 339.- Content. The coasts will include:

(a) The justice rate;

(b) Accrued fees for lawyers, prosecutors and experts;

(c) Any other costs arising from the processing of the proceedings.

Article 340.- Condemn. The costs will be imposed on the accused if convicted. The precept shall not govern criminal execution or precautionary measures.

If in a single sentence acquittals and convictions are pronounced, the judges shall establish the percentage corresponding to each of those responsible.

Those convicted of the same act will respond in solidarity to the shores.

Article 341.- Absolution and archive. If the sentence was acquittal because the accused ' s innocence had been proved, the costs would be borne by the State and the plaintiff in the proportion fixed by the judge.

When criminal prosecution could not continue, originating the file of the procedure, each party will bear its own costs.

Article 342.- Private action. In the procedure for the offence of private action, judges shall decide on the costs in accordance with the provisions of this Title, except agreement of the parties.

Article 343.- Regulation, liquidation and execution. The director or head of the judicial office shall perform the liquidation of judicial expenses and fees.

A review of the settlement may be requested within five (5) days, before the judge who is drawn for that purpose.

The fees of the professionals shall be fixed by the judges within three (3) days of the reading of the judgment or decision.

The settlement may be reviewed by the judge who regulated fees.

Article 344.- Remuneration. The fees and other expenses derived from the intervention of the experts shall correspond to the party presenting them.

Exceptionally, the judge may relieve the party, in whole or in part, of the payment of the remuneration of the expert, if it is proved that it does not have the sufficient means to solve it or if, in the case of the accused, the failure to perform the diligence could produce a notorious imbalance of its defence possibilities. In the latter case, the judge shall prudently regulate the remuneration of the expert, taking into account the reference fees of the respective professional college, or in its absence, the usual ones in the square. The State shall assume the advance of expenditures, without prejudice to the general rules on the distribution of coasts.

Article 345.- Determination of fees. The value or importance of the process, the questions of law raised, attendance at hearings and, in general, all work carried out in favour of the client and the result obtained will be taken into account.

The fees of the other participants shall be determined according to the rules of the respective laws.

Article 346.- Review. If the sentenced person is acquitted or a lesser sentence because of the review of the proceedings, he or she shall be compensated for the time of deprivation of liberty or disqualification suffered, or for the time he or she has suffered in excess.

The precept shall, similarly, apply to the case where the review is intended for a security measure. The fine or its excess will be returned.

The review by application of a more benign or amnesty law will not enable the compensation here regulated.

Article 347.- Determination. Every person has the right to be compensated in accordance with the law in the event that he has been sentenced in a final judgement for a judicial error.

In case of being forced to repair, the State shall repeat itself against any other obligation.

Those who have contributed hurtfully or seriously to the judicial error will be responsible. Solidarity will reach the complainant or the plaintiff who has falsified the facts or harassed with fear.


Article 348.- Attributions and duties. In the case of offences committed by persons who have military status and within military establishments or under military control, the military superior authority shall notify the competent judicial authority and shall have the powers and obligations set out in article 90 (c), (e), (f), (g), (j) and (k) and article 129, paragraph 4, until the competent judicial authority is present at the site.

Article 349.- Armed Forces acts in times of armed conflict and combat zone. The military authority in combat zone may detain the offender of article 240 bis of the Criminal Code as a result of a flogging or the fact that the evidence indicates the perpetrator or participant of the offence, and shall transmit it immediately to the competent prosecutor.

If the transfer was not possible or not in safety conditions prior to the five (5) days after the arrest, the commander of the zone shall summon a prosecutor at the same time and make it available to him.

To this end, the commander shall prefer a federal or national prosecutor and, in the absence of such, a provincial prosecutor. It will also prefer a prosecutor with some jurisdiction in the area, but if he does not find it, it will suffice to find it in the same even if it is circumstantial.


Article 1- Initiate in the area of the Office of the Procuración General de la Nación and the Office of the Ombudsman, a training programme dedicated to the training of employees and officials who are members of both agencies, for the correct implementation of the Code of Criminal Procedure of the Nation that integrates Annex I of this Law.

Training should integrate the guidelines of the new Code of Criminal Procedure and litigation into adverse systems, in accordance with the needs of each agency.

Article 2°- Refer to two (2) posts of Secretary, two (2) posts of Prosecretary Administrative Rapporteur, two (2) posts of Writer and one (1) post of Chief of Discharge Rapporteur with functions of Private Secretary, for all National and Federal Prosecutions of First Instances with criminal jurisdiction of the whole country, pursuant to Annex II.I which is part of this law.

Article 3. A Public Prosecutor's Office shall be established in front of the Federal Appeals Chamber of Bahía Blanca, which shall be individualized by number two (2), with a Secretariat, individualizing from the entry into force of the present, the current Attorney General's Office before the Chamber as the Attorney General's Office before the Federal Appeals Chamber of Bahía Blanca number one (1).

Article 4°- Créase una Fiscalía General ante la Cámara Federal de llamamientos de Córdoba, la que se individualizar con el número dos (2), con una Secretaría, individualizándose a partir de la entrada en vigencia de la presente, la actual Fiscalía General existen ante dicha Cámara como Fiscalía General ante la Cámara Federal de llamamiento de Córdoba número uno (1).

Article 5°- Two Attorney General's Offices are established before the Federal Chamber of Appeals of La Plata, which will be individualized with numbers two (2) and three (3), with one Secretariat each, individualizing from the entry into force of the present, the current Attorney General's Office before the Chamber as Attorney General before the Federal Chamber of Appeals of La Plata number one (1).

Article 6°- Créase una Fiscalía General ante la Cámara Federal de llamamientos de Mendoza, la que se individualizar con el número dos (2), con una Secretaría, individualizándose a partir de la entrada en vigencia de la presente, la actual Fiscalía General existen ante dicha Cámara como Fiscalía General ante la Cámara Federal de llamamiento de Mendoza número uno (1).

Article 7°- A Attorney General's Office shall be established in the Federal Appeals Chamber of Rosario, which shall be individualized by number two (2), with a Secretariat, individualizing from the entry into force of the present, the current Attorney General's Office before the Chamber as Attorney General's Office before the Federal Appeals Chamber of Rosario number one (1).

Article 8°- A Public Prosecutor ' s Office shall be established in the Federal Chamber of Appeals of Salta, which shall be individualized by number two (2), with a Secretariat, individualizing from the entry into force of the present, the current Attorney-General ' s Office before the Federal Chamber of Appeals of Salta number one (1).

Article 9°- A Public Prosecutor ' s Office shall be established before the Federal Appeals Chamber of San Martín, which shall be identified by number two (2), with a Secretariat, individualizing from the entry into force of the present, the current Attorney-General ' s Office before the Federal Appeals Chamber of San Martín number one (1).

Article 10.- A Public Prosecutor ' s Office shall be established in the Federal Chamber of Appeals of Tucumán, which shall be identified with number two (2), with a Secretariat, individualizing from the entry into force of the present, the current Attorney General ' s Office in the Federal Chamber of Appeals of Tucumán number one (1).

Article 11. Two Attorney General's Offices shall be established before the National Criminal and Correctional Appeals Chamber of the Federal Capital, which shall be identified with the numbers two (2) and three (3), with one Secretariat each, individualizing from the entry into force of the present, the current Attorney General's Office before the National Criminal and Correctional Appeals Chamber number one (1).

Article 12.- A Public Prosecutor ' s Office shall be established in the Economic Criminal Appeals Chamber of the Federal Capital, which shall be identified by number two (2), with a Secretariat, individualizing from the entry into force of the present, the current Attorney General ' s Office before the Chamber of Appeals in the Economic Penalties of the Federal Capital number one (1).

Article 13.- Two Attorney General's Offices are established before the National Criminal and Correctional Appeals Chamber of the Federal Capital, which will be individualized with numbers four (4) and five (5), with one (1) Secretariat each.

Article 14.- Three Attorney General's Offices are established before the National Court of Criminal and Correctional Court of the Federal Capital, which will be individualized with numbers one (1), two (2) and three (3), with one (1) Secretariat each.

Article 15.- Trust an Official Public Defender's Office in the Federal White Bay Appeals Chamber.

Article 16.- Trust an Official Public Defender's Office before the Federal Appeals Chamber of Comodoro Rivadavia.

Article 17.- Trust an Official Public Defender's Office in the Federal Appeals Chamber of Córdoba.

Article 18.- Trust an Official Public Defender's Office before the Federal Appeals Chamber of General Roca.

Article 19.- Trust an Official Public Defender's Office before the Federal Appeals Chamber of La Plata.

Article 20. Trust an Official Public Defender's Office before the Federal Appeals Chamber of Mar del Plata.

Article 21.- Trust an Official Public Defender's Office in the Federal Appeals Chamber of Mendoza.

Article 22.- Trust an Official Public Defender's Office before the Federal Appeals Chamber of Paraná.

Article 23.- Trust an Official Public Defender's Office in the Federal Appeals Chamber of Posadas.

Article 24. Trust an Official Public Defender ' s Office in the Federal Appeals Chamber.

Article 25.- Trust an Official Public Defender's Office before the Federal Appeals Chamber of Rosario.

Article 26.- Trust an Official Public Defender's Office before the Federal Chamber of Appeals of Salta.

Article 27.- Trust an Official Public Defender's Office before the Federal Appeals Chamber of San Martín.

Article 28.- Trust an Official Public Defender's Office before the Federal Appeals Chamber of Tucumán.

Article 29.- Create an Official Public Defender's Office before the National Criminal and Correctional Appeals Chamber of the Federal Capital.

Article 30.- Create an Official Public Defender ' s Office in the Federal Capital Economic Criminal Appeals Chamber.

Article 31.- Create an Official Public Defender's Office before the National Criminal and Correctional Appeals Chamber of the Federal Capital.

Article 32. 3 Official Public Defenders to the National Criminal and Correctional Court of the Federal Capital, with one (1) Secretariat each.

Article 33.- Refer to the positions of judges, officials and employees demanding the functioning of the Offices of the Attorney-General and Official Public Defenders, as set out above, in accordance with Annexes II.I and II.II, which are part of this Act.

Article 34. Under the establishment of bodies provided for in this Annex, the Attorney-General of the Nation and the Office of the Ombudsman to compensate for the distribution of cases between the Offices of the Prosecutor and the Ombudsman before each Chamber, by disinstituting a draw to ensure equitable distribution.

The cases that enter after the operation of the new organs shall be assigned by lot to all organs of the Public Prosecutor ' s Office and the Defence before each Chamber.

Article 35. The Public Prosecutor ' s Office and the Ombudsman ' s Office shall take the necessary measures for the coverage of the charges provided for by this Act and for the fulfilment of the other effects derived from its implementation, and shall transmit the ballot papers to the national executive branch, through the Ministry of Justice and Human Rights of the Nation.

Article 36.- The present will be implemented once the necessary budgetary provision is made for the attention of the expenditure that its object demands, which will be charged to the budget of the Public Prosecutor's Office.

Article 37.- Judges, officials and employees who are appointed in the posts created shall only take possession of the financial condition referred to in the preceding article.