Public Prosecution Service Organic Law - Updated Standard Text

Original Language Title: MINISTERIO PUBLICO FISCAL LEY ORGANICA - Texto actualizado de la norma

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FISCAL PUBLIC MINISTERY

Law 27148

Organic Law of the Public Prosecutor's Office. Functions.

Sanctioned: June 10, 2015

Promulgated: June 17, 2015

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

Law:

ORGANIZATIONAL LAW OF THE FISCAL PUBLIC MINISTERY

Part I

General functions and principles

Chapter 1

Functions

ARTICLE 1 — General mission. The Public Prosecutor ' s Office is the body responsible for promoting justice in defence of the legality and general interests of society. In particular, it is mandated to ensure the effective implementation of the National Constitution and international human rights instruments to which the Republic is a party and to ensure access to justice for all inhabitants.

ARTICLE 2 Functions in defence of the Constitution and the general interests of society. In order to ensure the effective observance of the National Constitution and international human rights instruments to which the Republic is a party, the Public Prosecutor ' s Office shall:

(a) Demonstrate in cases brought to the attention of the Supreme Court of Justice of the Nation, provided that there is a dispute over the interpretation or direct application of a rule of the National Constitution or international human rights instruments to which the Republic is a party; this shall be determined by the Procurator-General of the Nation from the analysis of normative provisions or the circumstances and particularities of the case.

(b) Dictamine in any other matter in which the Supreme Court of Justice of the Nation requires its opinion based on reasons of institutional gravity or the importance of the legal norms questioned.

The Public Prosecutor ' s Office may also intervene, according to the circumstances and importance of the matter, in cases submitted in any federal court of the country or national court with jurisdiction over the Autonomous City of Buenos Aires, in cases where such jurisdiction has not been transferred, provided that the Constitution or international human rights instruments to which the Republic is a party are questioned, or are:

(c) Conflicts in which collective or diffuse interests are affected.

(d) Conflicts in which the general interest of society or a transcendent public policy is affected.

(e) Conflicts in which access to justice is severely affected by the particular vulnerability of any party or by the notorious asymmetry between them.

(f) Conflicts of jurisdiction and jurisdiction of jurisdictional bodies.

(g) Cases in which a special rule determines it.

ARTICLE 3 — Criminal functions. The Public Prosecutor ' s Office is responsible for establishing the policy of criminal prosecution and public criminal prosecution, as stipulated in the Criminal Procedure Code of the Nation and the supplementary laws, in all federal crimes and in those ordinary crimes committed within the Autonomous City of Buenos Aires while their jurisdiction has not been transferred to local jurisdiction.

It also intervenes and manages all extradition requests made by other States in the country.

Chapter 2

Principles of action

ARTICLE 4 Functional autonomy and independence. The Public Prosecutor ' s Office exercises its functions with functional autonomy, subject to instruction or directives emanating from organs outside its structure.

ARTICLE 5 — Relations with the Executive. The Public Prosecutor ' s Office shall relate to the national executive branch through the Ministry of Justice and Human Rights of the Nation or the one that performs such functions.

The functions of the Public Prosecutor ' s Office of the Nation are excluded from the representation of the State or the Fisco in trial, as well as continuing advice to the national executive branch. However, the national executive branch, through the Minister concerned, may address the Procurator-General of the Nation in order to coordinate efforts to strengthen the defence of the general interests of society and criminal prosecution.

The active legitimation of the Public Prosecutor ' s Office in the regime of extinction of dominion in favour of the National State is included in its functions. (Paragraph incorporated by art. 4° Decree No. 62/2019 B.O. 22/1/2019. Watch: from the date of publication)

ARTICLE 6 Relations with the Legislative Power. On the occasion of the inauguration of the ordinary session of the National Congress, the Procurator-General of the Nation will refer to the Bicameral Commission, whose composition and functions will be set by the National Congress, a detailed report of the actions of the bodies under its competence, which should contain an evaluation of the work carried out in the exercise, an analysis of the efficiency of the service and concrete proposals on the legislative amendments or improvements that it requires.

The Public Prosecutor ' s Office will be consulted in an opportunity to analyse and discuss draft laws or regulations governing its responsibility.

ARTICLE 7
Collaboration requirements. The members of the Public Prosecutor ' s Office may require reports to the national, provincial, municipal and Autonomous City of Buenos Aires, private agencies and individuals. Persons may also be summoned to provide a statement, which shall be obliged to attend and may be conducted by the public force in the event of unjustified absence. The public agencies and the security forces shall provide the necessary cooperation and diligence, in line with the directives issued by the members of the Public Prosecutor ' s Office of the Nation and in this regard assign the necessary personnel and means to that end.

ARTICLE 8 — Generic research. The members of the Public Prosecutor ' s Office may conduct the generic investigations provided for in article 213 of the Code of Criminal Procedure. To that end, the incumbents of the district prosecutor ' s offices, the specialized prosecutors ' offices and the specialized tax units should inform the Procuración General de la Nación, in accordance with the regulations in this regard.

Generic investigations may request and produce information to identify criminal phenomena that guide the finding of criminal hypotheses from one or more preliminary investigations. The implementation of personal coercion measures will not proceed.

ARTICLE 9 — Functional principles. The Public Prosecutor ' s Office shall exercise its functions in accordance with the following principles:

(a) Unit of action: the Public Prosecutor ' s Office is a hierarchical organization whose highest authority is the Procurator-General of the Nation. In its performance it is unique and indivisible and fully represented in the performance of each of its staff members. Each staff member shall control the performance of those who assist him and shall be responsible for the management of his or her staff. They shall act according to the instructions given by their superiors and as provided for in this law.

(b) Dynamic organization: the organization and structure of the Public Prosecutor ' s Office shall be governed by criteria of flexibility and dynamism, with a view to meeting the needs of the complexity and social conflict.

(c) Respect for human rights: it will develop its activities in accordance with the principles, rights and guarantees set forth in the National Constitution, international treaties and conventions, respecting human rights and guaranteeing their full observance.

(d) Objectivity: it will require the fair application of the law, seeking the balanced safeguarding of all existing legal values and principles and the rational and weighted exercise of the criminal power of the State.

(e) Conflict management: seek to resolve conflicts in order to restore harmony between their actors and social peace.

(f) Orientation to the victim: he or she shall direct his or her actions in the light of the victim ' s interests, to whom he or she shall provide extensive assistance and respect. It shall inform the latter of the results of the investigations and shall notify it of the resolution that terminates the case, even if it has not been constituted as a plaintiff, in accordance with the existing procedural rules. It will seek maximum cooperation with the complainants.

(g) Accessibility and freeness: it will promote the rights recognized to the victim by law, facilitating their access to the justice system free of charge.

(h) Efficiency and deformalization: ensure efficient and appropriate management of public information, resources and assets. It will ensure that the procedures are agile and simple without more formalities than those established by law.

(i) Transparency: subject its activity to transparency guidelines, reporting the criteria for criminal prosecution and selectivity, the proposed annual objectives and the results of its management, so that the performance of its staff and the institution as a whole can be assessed.

(j) Responsibility: the members of the Public Prosecutor ' s Office shall be subject to administrative and criminal responsibility.

Part II

Organization

Chapter 1

Bodies

ARTICLE 10. - Permanent bodies. The Public Prosecutor ' s Office shall be composed of the following bodies on a permanent basis, without prejudice to those established by the General Procurator of the Nation to deal with a set of cases or a particular criminal phenomenon:

(a) Procuración General de la Nación.

(b) General Council of the Public Prosecutor ' s Office.

(c) District Prosecutors.

(d) Prosecutors in non-criminal matters within the Autonomous City of Buenos Aires.

(e) District Public Prosecution Units.

(f) Specialized prosecutors.

(g) Specialized tax units.

(h) General Directions.

Chapter 2

Procuración General de la Nación

ARTICLE 11. - Attorney General of the Nation. Designation. The Attorney General of the Nation is the head of the Public Prosecutor ' s Office and is responsible for its proper functioning. Its authority extends to the entire national territory.

The Procurator-General of the Nation shall be appointed by the national executive branch with a two-thirds Senate agreement (2/3) of its members present. To be the Attorney General of the Nation, it is necessary to be an Argentine citizen with the title of a lawyer of national validity, with eight (8) years of exercise, and to gather the other qualities required to be a national senator.

The Procurator-General of the Nation is the headquarters of the Attorney-General of the Nation.

ARTICLE 12. - Functions and powers. The functions and powers of the Procurator-General of the Nation are:

(a) To design and establish the general policy of the Public Prosecutor ' s Office and, in particular, the policy of criminal prosecution to enable the effective exercise of public criminal proceedings.

(b) To develop and implement the regulations necessary for the organization of the various units of the Public Prosecutor ' s Office and to conclude the contracts required for its operation through the administrative bodies.

(c) Establish the establishment, establishment of the headquarters and territorial scope of action of district prosecutors.

(d) To have the joint or alternative action of two (2) or more members of the Public Prosecutor ' s Office when the importance or difficulty of a criminal case or phenomenon makes it advisable. The members of the working team may be of equal or different hierarchy and belong to the same or different district prosecution.

(e) To have the necessary general prosecutors to perform the functions of the Public Prosecutor ' s Office before the Federal Chamber of Criminal Cassation and the National Chamber of Criminal Cassation, according to the selection criteria, the time limit and the organization established by the respective regulations.

(f) To exercise general superintendence over all members of the agency, administer material and human resources and make the budget of the Public Prosecutor ' s Office.

(g) Organize, regulate and direct the human resources area and the financial administrative service of the agency, through the relevant units, and arrange for expenditure in accordance with the budget allocated.

(h) To issue general instructions that allow for the best development of the service, optimizing the results of the management in compliance with the principles governing the functioning of the Public Prosecutor ' s Office.

(i) To elect the legislative branch the opinion of the Public Prosecutor ' s Office on the desirability of certain legislative reforms and the executive branch, through the Ministry of Justice and Human Rights, whether it is regulatory reforms or the design of public policies of its competence.

(j) To represent the agency in its relations with other branches of the State, to coordinate activities and to conclude agreements with national, provincial, municipal and other public or private institutions, as well as with Public Prosecutors of other nations.

(k) To grant licences to members of the Public Prosecutor ' s Office when it does not belong to another body, in accordance with the provisions of this Act and the regulations in this regard.

(l) To elect the executive branch, through the Ministry of Justice and Human Rights, the ballots of candidates resulting from the examinations of judges of the Public Prosecutor ' s Office.

(m) To impose sanctions on the judges, officials and employees of the Public Prosecutor ' s Office in cases and in accordance with the provisions of this Act and the regulations in this regard.

(n) To promote the prosecution of the members of the Public Prosecutor ' s Office, in accordance with the provisions of this Act and the regulations in this regard, and to request the prosecution of judges before the competent bodies when they are found in proceedings under Article 53 of the National Constitution.

(o) Adopt and publicize the annual management report provided for in this Act.

(p) The other functions set forth in this law.

The Procurator-General of the Nation may make specific delegations with regard to the functions and powers referred to in this Article as judges or officials of the Procurator-General of the Nation, in accordance with the regulations in this regard.

In the event of a licence, recusal, excuse, impediment or waiver of the Procurator-General of the Nation, the functions and powers referred to in this Article shall be exercised by a district coordinator prosecutor, in accordance with the regulations in this regard. In the absence of a designation, the person who has the most senior position will intervene.

ARTICLE 13. - Intervention before the Supreme Court of Justice of the Nation. The Procurator-General of the Nation shall intervene directly or through prosecutors in the cases before the Supreme Court of Justice of the Nation.

In the event of a licence, recusal, excuse, impediment or waiver of the Procurator-General of the Nation, his or her functions before the Supreme Court of Justice of the Nation shall be exercised by a prosecutor, in accordance with the regulations issued thereon. In the absence of a designation, the oldest in the post will intervene.

ARTICLE 14. - General Secretariat of the General Procuration of the Nation. The Procurator-General of the Nation shall be assisted by a General Secretariat of the Procurator-General of the Nation, which shall have the following functions:

(a) To provide assistance and advice in all matters pertaining to the powers of the General Procuration of the Nation and in which participation has been assumed.

(b) Coordinate the functioning of all organs of the Office of the Procurator-General of the Nation and keep the Procurator-General of the Nation informed of the progress or difficulties of matters in particular.

(c) To monitor compliance with general instructions or regulations issued by the Procurator-General of the Nation.

(d) Organize the Office of the Procuración General de la Nación, issue requests for reports, deal with matters to be resolved within the scope of the Procuración General de la Nación and supervise the work of all officials and employees of that office.

The general secretaries shall be appointed and replaced in that function directly by the Procurator-General of the Nation.

Chapter 3

General Council of the Public Prosecutor ' s Office

ARTICLE 15. - General Council of the Public Prosecutor ' s Office. The General Council of the Public Prosecutor ' s Office shall have the following functions:

(a) To advise the Procurator-General of the Nation in the design of the policy of criminal prosecution and in other matters which he may request.

(b) Propose general correction measures or instructions for the best functioning of the institution.

(c) To call upon individuals and institutions who, through their professional experience or technical capacity, deem it appropriate to listen for the best functioning of the institution.

(d) Dictamine when a general instruction of the Procurator-General of the Nation or a regulatory provision was objected to by a judge of the Public Prosecutor ' s Office of the Nation, in accordance with the regulations in this regard.

(e) Any other powers assigned to it by this Act or by the Regulations.

ARTICLE 16. - Integration and sessions. The General Council of the Public Prosecutor ' s Office shall be composed of the Procurator-General of the Nation, who shall preside over it, and six (6) members of the Attorney-General.

Its vowels shall last two (2) years in this function and shall be elected by the direct suffrage of the judges of the Public Prosecutor ' s Office, in accordance with the regulations in this regard. They can be re-elected for one (1) single consecutive period.

The Council shall normally serve at least two (2) times a year and, extraordinarily, when convened by the Procurator-General of the Nation. Decisions will be made by a majority of its members.

Chapter 4

District Attorneys

ARTICLE 17. - District Attorneys. The district prosecutor ' s office is the body responsible for carrying out the functions of the Public Prosecutor ' s Office in a given territorial area, through the decentralized offices and tax units that integrate it, in coordination with the specialized prosecutor ' s offices, the specialized units and the general directorates, in accordance with the provisions of this law and the regulations governing it.

ARTICLE 18. - District coordinator prosecutor. The district coordinator prosecutor will be directly responsible for the proper functioning of the institution in the respective area. It exercises public criminal proceedings and the powers granted by law to the Public Prosecutor ' s Office.

The district coordinator prosecutor will be appointed for a period of two (2) years. Only the general prosecutors of the respective fiscal district may aspire to that function, and for that purpose they shall submit a work plan to the Procurator-General of the Nation, who shall elect them on the basis of his proposal and personal suitability for the office, in accordance with the regulations that are issued in this regard. If no work plan was submitted, the Attorney General of the Nation should extend the call to general prosecutors from other tax districts. It may proceed equally when a single work plan is presented.

In the event of a licence, recusal, excuse, impairment or vacance of the district coordinator prosecutor, the functions and powers referred to in this article shall be exercised by the person designated by the district coordinator prosecutor among the general prosecutors who make it up, in accordance with the regulations governing it.

ARTICLE 19. - Functions. The district coordinator prosecutor is responsible for:

(a) Coordinate and organize tax units according to criteria that avoid stagnant compartments and isolated performances, prioritizing the distribution of work by the inflow and discharge of cases.

(b) Form temporary equipment for generic or complex research.

(c) Administratively organize the distribution of cases entering the district prosecutor ' s office, through general and objective rules, among the different tax units, according to their functions, specialty and performance criteria. When a fiscal unit is composed of more than one judge, the work between them will be distributed by a system of shifts or draws, except that with the district coordinator prosecutor, another criterion of case assignment is agreed.

(d) Centralize information for investigative purposes and examine linkages between different cases.

(e) Establish joint action and information-sharing relations with the other district prosecutors in your region.

(f) Establish coordination, action, information exchange, assistance and support with the general bureaux.

(g) To have joint intervention of tax units and specialized prosecutors in one or more cases.

(h) To assign specialized prosecutors to cases that require centralized action based on their complexity, territorial extension, diversity of phenomena involved, connection with other cases and other issues that make it advisable for greater effectiveness of criminal prosecution. The district prosecutor ' s office shall be informed and may cooperate in the case.

(i) Interact with provincial, municipal and communal authorities and agencies for the investigation of federal criminal acts that have connection or effects with local crimes or offences.

(j) Resolve administrative matters relating to the licences and transfers of district prosecutors ' staff, with the scope set by the regulations issued by the Procurator-General of the Nation.

ARTICLE 20. - Duties. The district coordinator prosecutor has the duty to:

(a) Responding to requests for reports by the Procurator-General of the Nation.

(b) To carry out any other function entrusted to it by the Procurator-General of the Nation in accordance with the regulations governing it.

(c) Regularly resort to prisons and other places of detention, whether temporary or permanent, to take note of and monitor the situation of persons in detention, to promote or advise measures to correct the prison system and to comply with article 18 of the National Constitution and international human rights instruments.

(d) Coordinate the performance of tax units with specialized prosecutors, specialized units and general directorates and ensure their participation in their district where appropriate.

(e) To designate the supervisory prosecutor for all cases provided for in the Criminal Procedure Code of the Nation that correspond territorially to the district, including those in which prosecutors or specialized tax units operate. The appointment shall be made by draw or by a system of shifts that ensure an equitable distribution of the workload among all district judges, unless otherwise agreed by consensus.

(f) Ensure that the investigation of cases is conducted in a streamlined and deformal manner.

ARTICLE 21. - District Tax Units. The tax units shall have a dynamic and flexible composition and shall be composed of general prosecutors, prosecutors, tax assistants, prosecutors, officials and employees of the Public Prosecution Service of the Nation.

They will carry out criminal proceedings and carry out the investigation of crimes committed in their territorial area and the management of alternative exits to the criminal proceedings. The staff of the fiscal unit shall be appointed by the Procurator-General on the proposal of the incumbent.

The district tax units will be organized prioritising the following functions:

(a) Victim care.

(b) Public service.

(c) Common services for the entry, registration and distribution of cases.

(d) Management of research and communications files.

(e) Alternative approaches to criminal proceedings early and agreements.

(f) Investigation.

(g) Complex investigations.

(h) Litigation, trial and challenge.

(i) Criminal execution.

(j) Litigation of cases in federal non-criminal matters with seat in the provinces.

When a fiscal unit is composed of more than one judge, the work between them will be distributed by lot, except that with the district coordinator prosecutor, another criterion of case assignment is agreed.

The criminal execution function will be carried out by a fiscal unit of the Procuración General de la Nación in respect of ordinary crimes committed within the Autonomous City of Buenos Aires.

Chapter 5

Specialized prosecutors

ARTICLE 22. - Specialized prosecutors. The Procuración General de la Nación will have the following specialized offices in a permanent way:

(a) Administrative Investigations Office.

(b) Procuraduría de Defensa de la Constitución.

(c) Procurator of Crimes against Humanity.

(d) Procuraduría de Criminalidad Económica y Lavado de Asivos.

(e) Procuraduría de Narcocriminalidad.

(f) Procuraduría de trata y Explotación de Personas.

(g) Procuraduría de Violencia Institucional.

(h) Procuraduría de Extinción de Dominio en favor del Estado Nacional. (Convention of Article 5 of the Decree No. 62/2019 B.O. 22/1/2019. Watch: from the date of publication)

The Procurator-General of the Nation shall, by resolution, establish the scope and internal organization of specialized prosecutors. It may also provide for the establishment of other specialized prosecutors ' offices when the public criminal prosecution policy or the general interest of society so require.

The Humanity Crimes Procurator ' s Office will have a Specialized Tax Unit for Cases of Child Appropriation during State Terrorism with the Power to Conduct Generic and Preliminary Informal Investigations, as well as to Investigate or Collaborate in Cases Provided by District Coordinating Prosecutors.

ARTICLE 23. - Procurator's office. The Procurator-General of the Nation shall designate the holders of the specialized prosecutors among the general prosecutors, who shall act throughout the national territory on the cases and phenomena relating to their subject matter, in coordination with the district coordinator prosecutors when the needs of the case so require.

ARTICLE 24. - Functions of specialized prosecutors. Specialized prosecutors shall have the following functions:

(a) Investigate cases of their jurisdiction assigned by district coordinator prosecutors or assist in investigations where required, exercising all functions and powers of the Public Prosecutor ' s Office provided for in the Criminal Procedure Code and special criminal laws.

(b) Design research strategies for complex cases and coordinate with federal security forces and other institutions with preventive action the articulation of criminal prosecution with preventive activities.

(c) To plan, together with the head of the district prosecutors ' offices and the corresponding general directorates, the criminal prosecution policy, in accordance with the guidelines set by the Procurator-General of the Nation.

(d) To have inter-agency links and actions with specialized agencies, both national and regional or international.

(e) To propose to the Procurator-General of the Nation training, legislative and regulatory projects and the conclusion of conventions.

(f) To propose to the Procurator-General of the Nation the creation of units in the regions.

(g) To send the Office of the Procurator-General of the Nation the report of its management and the status of the proceedings and to inform the Office of the Procurator-General of any preliminary or generic investigations.

(h) Respond to requests for reports made by the Procurator-General of the Nation.

(i) The other functions provided for in this Act.

ARTICLE 25. - Administrative Investigations Procurator. The Office of the Procurator for Administrative Investigations shall consist of the National Administrative Investigations Prosecutor and the other general prosecutors, prosecutors, tax assistants, prosecutors and employees of the Public Prosecutor ' s Office.

ARTICLE 26. - Designation. The National Administrative Investigations Procurator shall be appointed on a competitive basis and shall not be separated from him except for the reasons provided for in this Act.

ARTICLE 27. - Functions. The National Administrative Investigations Prosecutor shall have the following duties and powers:

(a) Promote the investigation of the administrative conduct of centralized and decentralized national administration and of enterprises, societies and any other entity in which the State is involved. In all cases, investigations will be carried out only by the Office of the Procurator for Administrative Investigations and without the need for another State authority to do so, without prejudice to adjusting its proceeding to the general instructions given by the Procurator-General of the Nation.

(b) To conduct investigations in any institution or association that has as the main source of resources the State contribution, either directly or indirectly, in the event of reasonable suspicion of irregularities in the investment given to the aforementioned resources.

(c) Exercising public criminal proceedings and all powers provided for by criminal and procedural laws throughout the territory of the Republic in cases where the main object of investigation constitutes the irregularity of the administrative conduct of public officials as provided for in subparagraph (a).

(d) To submit to the approval of the Procurator-General of the Nation the internal regulations of the Office of Administrative Investigations.

(e) Respond to requests for reports made by the Procurator-General of the Nation.

(f) To issue an annual report on the management of the Office of the Procurator-General of the Nation.

ARTICLE 28. - Disciplinary investigations. When the investigation conducted by the Office of the Procurator for Administrative Investigations results in violations of administrative rules, the National Administrative Investigations Prosecutor shall pass the proceedings with established opinion to the Procuration of the Treasury of the Nation or to the staff of the highest administrative hierarchy of the division concerned, in accordance with the powers assigned by the administrative investigations regulations. In both circumstances, the proceedings shall serve as the head of the summary to be instructed by the relevant authorities.

In all these proceedings, which shall be governed by the rules of administrative investigations, the Procurator ' s Office shall necessarily, as an accusing party, have equal rights to the accused, in particular the powers to offer, produce and incorporate evidence, as well as to resort to any adverse resolution to its claims; all of this, under the penalty of absolute nullity and insanity of the act or determined according to the case.

ARTICLE 29. - Procuraduría de Defensa de la Constitución. The Office of the Procurator for Defence of the Constitution shall have the following functions:

(a) Coordinate the performance of the Public Prosecutor ' s Office in cases involving constitutional issues relevant to the agency.

(b) Conduct research on the status of compliance with the norms of the National Constitution and international human rights instruments to which the Republic is a party and propose recommendations to the Procurator-General of the Nation.

(c) Respond to requests for reports made by the Procurator-General of the Nation.

(d) The other functions provided for in this Act or the regulations in this regard.

Chapter 6

Non-criminal action

ARTICLE 30. - Tax units in non-criminal matters with seat in the provinces. The prosecution of the Public Prosecutor ' s Office in non-criminal matters in the federal justice system with a seat in the provinces will be carried out by a fiscal unit that will be part of each district prosecution.

ARTICLE 31. - Non-criminal action in the area of the Autonomous City of Buenos Aires. The performance of the Public Prosecutor ' s Office in Civil, Commercial, Civil and Commercial Federal, Federal Administrative, Labour, Social Security and Consumer Relations of the Autonomous City of Buenos Aires will be carried out by the public prosecutors and prosecutors with competence in these matters.

These judges and the incumbents of non-criminal tax units with seats in the provinces will have the function:

(a) Ensure due legal process.

(b) To request in the cases in which the defence of legality and the general interests of society is involved, in particular in the conflicts in which collective interests are affected, an interest and/or a transcendent public policy, rules of public order and laws not available by individuals, due process, access to justice, as well as in cases of manifest asymmetry between the parties or are threatened or violated by the Constitution.

(c) Request recusal on the grounds of the intervening judges, produce, offer and request the incorporation of evidence, request the dictation of precautionary measures or dictate on their origin, raise nullities, raise unconstitutionalities, lodge remedies, lodge actions provided for in Act No. 24,240 and make any other request for the fulfilment of the mission of the Public Prosecutor ' s Office and in defence of due process.

(d) Intervene in cases where damages are at stake or may be caused by social heritage, public health and the environment, the consumer, property or rights of artistic, historical or landscape value, in cases and through procedures established by law.

(e) Intervene in competition, authority and in all cases where rules or principles of public order are at stake.

(f) Intervene in the proceedings of nullity of marriage and divorce, filiation and in all cases concerning the marital status and names of persons, supplemental veins and declarations of poverty.

(g) Intervene in all judicial proceedings involving Argentine citizenship.

(h) Conduct investigations into cases in which it intervenes in order to clarify whether there are implications for legality, the general interests of society and/or human rights and constitutional guarantees.

(i) Encouraging joint action with district prosecutors and specialized prosecutors.

(j) Respond to requests for reports by the Procurator-General of the Nation.

(k) Organize the work and monitor the performance of the tasks of the staff and their staff.

(l) To exercise the other functions provided for by special laws.

Chapter 7

Specialized Prosecution Units

ARTICLE 32. - Specialized Prosecution Units. The Procurator-General of the Nation may establish specialized tax units to investigate and address general phenomena that, due to their public or institutional significance or reasons for specialization or efficiency so require. It shall designate the holders among the general prosecutors and prosecutors of the Public Prosecutor's Office of the Nation.

The creation resolution shall establish its functions, organization, integration and scope, as well as its temporary or permanent existence.

Chapter 8

General Directions

ARTICLE 33. - General Directions. The general addresses are the bodies responsible for carrying out the necessary auxiliary and support tasks for the development of the functions of the Public Prosecutor ' s Office. There will be the following permanent general addresses, without prejudice to those established by a decision of the Procurator-General of the Nation to provide new services or auxiliary in matters in a specialized manner:

(a) Directorate-General for Victim Support, Guidance and Protection.

(b) General Directorate of Access to Justice.

(c) Directorate-General for Research and Technology Support for Criminal Investigation.

(d) Directorate-General for Gender Policy.

(e) Directorate-General for Regional and International Cooperation.

(f) Directorate-General for Economic and Financial Advice in Investigations.

(g) Directorate-General for Asset Recovery and Property Confiscation.

(h) Directorate-General for Criminal Analysis and Strategic Planning of Criminal Persecution.

(i) Directorate-General for Institutional Performance.

(j) Directorate-General for Organizational Development and New Technologies.

(k) Directorate-General for Training and School of Public Prosecutions.

ARTICLE 34. - General directors. Appointment and function. The Directors-General shall be appointed by the Procurator-General of the Nation and shall be responsible for the performance of the functions of the directorate and for the supervision of the work of the officials and employees in his office.

ARTICLE 35. - Functions. The General Directorates shall perform the following functions, without prejudice to others assigned to them by instruction or regulation of the Procurator-General:

(a) The Directorate-General for Victim Support, Orientation and Protection shall have the function of ensuring to victims of any crime the rights of accompaniment, guidance, protection and general information provided for in the Code of Criminal Procedure, from the first contact of the victim with the institution and throughout the criminal process, through an interdisciplinary approach or the necessary referral in order to ensure their technical assistance.

(b) The General Directorate of Access to Justice will have the function of installing and managing decentralized units of the Public Prosecutor ' s Office in vulnerable territories for receiving and deriving complaints, evacuating consultations, providing access to judicial information, facilitating alternative conflict resolution, generating crime prevention mechanisms and developing rights advocacy to strengthen community ties and consolidating channels of communication between the Public Prosecutor ' s Office and the community.

(c) The Directorate-General for Investigations and Technology Support for Criminal Investigation shall be responsible for forensic laboratories, the body of investigators and technical measures or for the use of technological means by the Public Prosecutor ' s Office of the Nation for the purpose of assisting prosecutors in their investigations.

(d) The General Directorate for Gender Policy shall have as its function gender advice and technical assistance when required by any judge of the Public Prosecutor ' s Office. It will also be responsible for the dissemination, awareness-raising and training of gender and women ' s rights and for intra- and inter-ministerial coordination with relevant agencies.

(e) The Directorate-General for Regional and International Cooperation shall have as its function the follow-up of the administrative extradition records, the intervention in active and passive international assistance, with the consequent advice and collaboration in respect of the prosecutors of the Nation, the advice of prosecutors in cases concerning extradition requests and the interrelationship with regional and international institutional cooperation agencies.

(f) The Directorate-General for Economic and Financial Advice in Investigations will have the function of advising, preparing reports and suggesting investigative measures, at the request of the prosecutors, in cases in which maneuvers related to complex crime and organized crime are investigated, as well as acting as a expert of the Public Prosecutor ' s Office in those cases which are considered to be of institutional relevance.

(g) The General Directorate for Asset Recovery and Property Confiscation will have as its function to develop an active policy aimed at detecting, cautioning, identifying and confiscating property and funds from crime and criminal phenomena, especially those linked to complex crime and organized crime.

(h) The Criminal Analysis and Strategic Planning Directorate of Criminal Persecution will have the function of requesting, producing, organizing, processing, analysing and communicating relevant information for the strategic criminal prosecution of phenomena and criminal organizations. It will also intervene in the design and planning of criminal prosecution in conjunction with the respective areas of specialized prosecutors and district prosecutors ' offices.

(i) The Directorate-General for Institutional Performance will have the function of producing information on the Public Prosecutor ' s Office from the development of indicators to measure institutional performance. It will also carry out ongoing monitoring and diagnosis of the body in order to identify good practices, contribute to promoting them, detecting critical processes that compromise compliance with institutional tasks and collaborate with their overcoming.

(j) The Directorate-General for Organizational Development and New Technologies will have the function of designing, developing and coordinating computer and communications systems in order to achieve greater effectiveness in relation to the activities of the Public Prosecutor ' s Office.

(k) The Directorate-General for Training and School of the Public Prosecutor ' s Office will be responsible for proposing and implementing training models and strategies to improve institutional performance and strengthen the work of prosecutors and their working team.

Part III

Community relations

ARTICLE 36. - Relations with the community. The Public Prosecutor ' s Office, in its role of promoting general interests in the administration of justice, will seek to know the demands and needs of the different social sectors, will keep the community informed and promote access to justice, in particular those with less resources to do so.

ARTICLE 37. - Cooperation conventions. The Public Prosecutor ' s Office may conclude agreements with public institutions, academics and non-profit organizations in order to carry out investigations into criminal phenomena, prepare a case or a set of cases, to strengthen technical assistance to victims or to develop any other service of the Public Prosecutor ' s Office.

It may also conclude agreements with universities in order to enable students of the higher courses to undertake voluntary activities within the Public Prosecutor ' s Office as part of their professional practice.

Part IV

Financial autarchy and economic and financial management

ARTICLE 38. - Financial autarchy. In order to ensure its financial autarchy, the Public Prosecutor ' s Office of the Nation will have a budget of resources and expenses covered by the National Treasury and with its own resources.

ARTICLE 39. - Progressive Plan for Allocation of Resources. After the implementation process set out in Act No. 27,150, a Technical Commission shall be convened to be composed of representatives of the PUBLIC MINISTERY of the NATIONAL MINISTERY and the PUBLIC FINANCIAL MINISTERY, of the BUDGET COMMISSION and the achievement of the EFFECTIVE COUNTRIES OF

(Article replaced by Article 2 of the Decree No. 257/2015 B.O. 29/12/2015)


ARTICLE 40. - Own resources. The following are:

(a) Donations.

(b) Tariffs, coasts, fines and other incomes established to finance the Budget of Resources and Expenses of the Public Prosecutor ' s Office.

(c) Transfers of resources with or without specific allocation from jurisdictions and entities of the national public sector or international agencies, within the framework of the implementation of collaborative policies by them related to the performance of the Public Prosecutor ' s Office.

(d) Any income obtained from financial operations and investments that are made with the remaining resources that have not been applied to expenditures.

(e) The proceeds of the sale or location of movable or immovable property affected to the Public Prosecutor ' s Office.

The resources listed will be exempt from any national contribution or taxes.

ARTICLE 41. — Budget development. The Procuración General de la Nación will prepare annually, on the basis of the technical guidelines established for the jurisdictions and entities of the national public sector and noting the principles of transparency in the management and efficiency in the use of resources, the general budget of resources and expenses of the Public Prosecutor ' s Office for the following year.

The proposed budget of the agency will be forwarded to the national executive branch for incorporation into the General Budget Project of the National Administration which is presented annually to the Honorable Congress of the Nation.

The Procurator-General of the Nation is empowered to provide such restructuring and compensation as he deems necessary, within the total amount of the Public Prosecutor ' s Office, in the General Budget of the National Administration, in order to observe the principles of transparency in the management and efficiency of the use of resources.

ARTICLE 42. - Budget implementation. In the administration and financial performance of the allocated budget, the forecasts of the financial administration rules of the State shall be observed, with the powers and exceptions conferred by articles 9, 34 and 117 of the Act 24,156.

The executive branch may only have modifications to the erogations of the Public Prosecutor ' s Office to the extent that they are the product of modifications in the estimation of the resources that finance it.

The Procuración General de la Nación will regulate the implementation of the system established by law 24.156 with respect to the Public Prosecutor ' s Office, based on criteria for transparency in the management and efficient use of resources.

ARTICLE 43. — New structures and functions. Any increase in the structure or charges of the Public Prosecutor ' s Office must be accompanied by the corresponding allocation of resources from the National Treasury. The transfer of new functions to the Public Prosecutor ' s Office of the Nation should also be financed.

Part V

Members

Chapter 1

Members of the Public Prosecutor ' s Office

ARTICLE 44. - Members. Judges and career officers of the Public Prosecutor ' s Office of the Nation are responsible for the following charges:

For (a) prosecutors.

(b) General Prosecutors.

(c) General Prosecutors of the General Procuration of the Nation.

(d) National Administrative Investigations Prosecutor.

(e) Prosecutors.

(f) Prosecutors of the General Procuration of the Nation.

(g) Tax Assistants.

(h) Tax assistants.

In addition, the Public Prosecutor ' s Office shall be composed of officials and employees in accordance with the employment career established in the regulations in this regard.

ARTICLE 45. - For prosecutors. The same conditions as for the office of Procurator General de la Nación are required to be a prosecutor.

ARTICLE 46. - General Prosecutors and Attorneys General of the Procuración General de la Nación. In order to be a general prosecutor and general prosecutor of the Procuración General de la Nación, it is necessary to be an Argentine citizen, to be thirty (30) years old and to have six (6) years of effective exercise in the country of the profession of attorney or a fulfillment, equally, of functions in the Public Prosecutor or in the Judiciary, with at least six (6) years old in the title of attorney.

ARTICLE 47. - Prosecutors and prosecutors of the Procuración General de la Nación. To be a prosecutor and prosecutor of the Procuración General de la Nación, it is necessary to be an Argentine citizen, to be twenty-five (25) years old and to have four (4) years of effective exercise in the country of the profession of lawyer or of a fulfillment, equally, of functions in the Public Prosecutor's Office or in the Judiciary, with at least four (4) years old in the title of attorney.

ARTICLE 48. - Procedure for the appointment of judges. For the designation of prosecutors, the National Administrative Investigations Attorney, general prosecutors, general prosecutors of the Attorney General's Office, prosecutors and prosecutors of the Attorney General's Office, public contests of opposition and background will be held, of which will arise the lists of candidates that the Attorney General of the Nation will present to the Executive Branch who will elect one of them, whose appointment will require the agreement of the simple majority of the members present of the Senate.

The Procurator-General of the Nation may internly cover the position in question until the final designation of the holder.

ARTICLE 49. - Public opposition contest and background. The opposition and background examination shall be held in court convened by the Procurator-General of the Nation in accordance with the regulations in this regard.

The written opposition test will deal with topics and/or cases chosen by previous draw and will be evaluated by the court through a system that guarantees anonymity. The oral opposition test will be public and will deal with topics and/or cases, the latter chosen by previous draw.

The procedure shall in no case include personal interviews, and shall be governed by the principles of objectivity, equal opportunities and transparency.

ARTICLE 50. - Court integration. The court shall be chaired by the Procurator-General of the Nation or by a judge of the Public Prosecutor ' s Office, in accordance with the regulations in this regard.

The court shall also consist of three (3) judges of the Public Prosecutor ' s Office and one (1) guest jurist. The guest jurists of each contest will be chosen from a list of scholars or jurists of recognized trajectory previously made in accordance with the regulations in this regard.

The composition of the court will seek to ensure the geographical, functional and gender diversity of those who integrate it.

ARTICLE 51. - Tax assistants. Tax assistants are officials who will collaborate with the judges of the Public Prosecutor ' s Office and will always act under their instructions, supervision and responsibility.

In particular, tax assistants shall have the following functions:

(a) To carry out the activity assigned to the Public Prosecutor ' s Office in the Criminal Procedure Code of the Nation in the investigation of cases where the prosecutor so provides.

(b) Assist the hearings instructed by the prosecutor and litigate with the scope and claims available to him.

ARTICLE 52. - Designation of tax assistants. Tax assistants must meet the requirements for taxation. The appointment shall be carried out by the Procurator-General of the Nation, on the proposal of the district prosecutor and the holders of the tax units, specialized prosecutors and specialized tax units, as appropriate, in accordance with the regulations in this regard.

Tax assistants shall receive a wage increase in the performance of their duties in accordance with the regulations in this regard.

ARTICLE 53. - Tax assistants. Tax assistants shall be appointed by prosecutors to attend and act under the instructions, supervision and responsibility of the prosecutors, in accordance with the respective regulations.

They will have function:

(a) Receive statements, conduct interviews or make requests for reports.

(b) Compare the scene.

(c) Coordinate the work of officials and employees.

ARTICLE 54. - Juramento. The prosecutors of the Public Prosecutor ' s Office, in taking office, shall take an oath to discharge them well and legally and to comply with the National Constitution, human rights treaties and the laws of the Republic.

The Procurator-General of the Nation shall swear to the President of the Nation in his capacity as the Supreme Head of the Nation. The prosecutors shall do so to the Procurator-General of the Nation or to the judge designated by the latter for that purpose.

Chapter 2

Performance

ARTICLE 55. - Race. The members of the Public Prosecutor ' s Office are entitled to the development of a career. This means the set of promotion opportunities and expectations of progress in accordance with the principles of equality, suitability and capacity that define the work and professional path of the different members.

ARTICLE 56. -
Training. Training is an essential condition of performance and as such constitutes a right and duty of all agents of the Public Prosecutor ' s Office. It includes access to training and/or updating activities, both to improve performance in the respective workplace and to access other positions within the agency.

The training provided will be comprehensive, permanent and free. It will be implemented through its own resources or through agreements with public or private institutions, all in line with the specific regulations available for this subject.

ARTICLE 57. - Ladder structure. The officials and employees of the Public Prosecutor ' s Office shall be integrated into three groups:

(a) Legal technician.

(b) Administrative technician.

(c) Auxiliary services.

These groups will be formed on the basis of a scaffolding that will favor a higher level of professionalization and specialization of the members of the Public Prosecutor's Office of the Nation, with the aim of expanding the institutional capacity of the agency.

To that end, the hierarchy of the functions performed, the proven merit and suitability, the level of remuneration and the achievement of results in their role will be taken into account.

In all cases, progress in the career will operate in accordance with the selection systems and the performance evaluation procedures established.

ARTICLE 58. - Incompatibility. The members of the Public Prosecutor ' s Office may not exercise the legal profession or representation of third parties in trial, except in their own affairs or in those of their spouse, ascendants or descendants, or when they perform a legal duty. They are encouraged by the incompatibility of the laws regarding the judges of the Nation.

They can exercise teaching only with simple dedication, in a way that does not interfere with the development of their functions and never in working hours of the institution, except expressly authorized by agency resolution.

ARTICLE 59. - Excluding and recusaling. The members of the Public Prosecutor ' s Office may be excused or challenged for the procedural and regulatory reasons.

ARTICLE 60. - Restitution. In the event of a recusal, excuse, impediment, absence, leave or leave, the members of the Public Prosecutor ' s Office shall be replaced in the manner established by the relevant laws or regulations.

ARTICLE 61. - Remuneration and social benefits. The remuneration of the members of the Public Prosecutor ' s Office shall be determined as follows:

(a) The Procurator-General of the Nation shall receive a retribution equivalent to that of the Supreme Court of Justice of the Nation.

(b) Tax prosecutors will receive 20 per cent (20%) more of the salaries that correspond to the chamber judges, computed only on the items basic salary, supplement, remuneration agreed C.S.J.N. No. 71/93, hierarchical compensation and functional compensation.

(c) The general prosecutors who act before the Federal Criminal Court and the National Criminal Court and the general prosecutors who act as district coordinator prosecutors shall receive a remuneration equivalent to that of a cassation judge.

(d) The Administrative Investigations Prosecutor and the general prosecutors shall receive a remuneration equivalent to that of a chamber judge.

(e) The prosecutors shall receive a remuneration equivalent to that of a judge of first instance.

(f) The rest of the members of the Public Prosecutor ' s Office shall receive equivalent or higher remuneration than those conferred on officials and agents of the judiciary.

The preceding equivalencies extend to all property, forecast and tax effects, as well as to hierarchy, protocol and treatment.

All members of the Public Prosecutor ' s Office are natural members of the Social Work of the Judiciary of the Nation. They have the right to the enjoyment of identical medical and loan coverages that the agents of the Judicial Branch of the Nation, because their contributions and contributions cannot be treated differently.

Any transfer of officials or employees between the Public Prosecutor ' s Office of the Nation, the Public Ministry of Defence and the Judicial Branch of the Nation shall not affect the rights acquired during their stay in one or another regime, which shall include the recognition of their hierarchy, antiquity and the benefits derived from the stay in office or category and other similar ones.

ARTICLE 62. - Stability. The Procurator-General of the Nation, the prosecutors, the national prosecutor of administrative investigations, the general prosecutors, the general prosecutors of the Procuración General de la Nación, the prosecutors and the prosecutors of the Procuración General de la Nación enjoy stability while their good conduct lasts and up to seventy-five (75) years of age.

Judges who reach the age set out in paragraph 1 shall be subject to the requirement of a new appointment, preceded by the same agreement. These designations shall be made by the term of five (5) years, and may be repeated by the same procedure.

Staff members and employees enjoy stability as long as their good conduct lasts and until they have attained the legal requirements to obtain the maximum percentages of the respective retirement regimes. They may be removed because of ineptitude or misconduct, prior administrative summary with hearing of the person concerned, according to the procedure established by regulation.

ARTICLE 63. - Immunities. The judges of the Public Prosecutor ' s Office enjoy the following immunities:

(a) They may not be arrested, except in case of being caught in flagrante delicto; in such cases, the Procurator-General of the Nation shall be informed, with the summary information of the act.

(b) They shall be exempt from the duty of appearing to testify before the courts, in which case they shall respond in writing, under oath and with the relevant specifications.

(c) They may not be disturbed in the exercise of their functions.

(d) Members of the Public Prosecutor ' s Office may not be sentenced on costs in cases involving them.

ARTICLE 64. - Transfers. Judges, officials and employees of the Public Prosecutor ' s Office may not be transferred without their agreement outside their provinces or the Autonomous City of Buenos Aires.

Chapter 3

Disciplinary regime

ARTICLE 65. - Subjects understood. The judges of the Public Prosecutor ' s Office shall be subject to the disciplinary regime established in this chapter.

ARTICLE 66. -
Disciplinary corrections in the process. Judges and courts may impose only the members of the Public Prosecutor ' s Office the same disciplinary sanctions that determine the laws for litigants for offences committed against their authority, except for the penalty of arrest. These sanctions will be appealed to the immediate superior court.

The judge or court shall communicate to the Procurator-General of the Nation the measure imposed and any non-observance that it attaches to the exercise of the functions inherent in the position it performs.

ARTICLE 67. -
Disciplinary power. In the event of non-compliance with his duties, the Procurator-General of the Nation may impose on the judges the disciplinary penalties set out in this chapter.

ARTICLE 68. -
Serious faults. The following are considered serious faults:

(a) To discontinue their work on a prolonged or repeated basis and without justification.

(b) To comply repeatedly with the tasks or functions assigned in the area where they are performed, in accordance with the mission of the Public Prosecutor ' s Office.

(c) Repeatedly failing to comply with general instructions, when non-compliance is unfounded and no objection has been expressed or when it has been expressed, the nature of the instruction does not allow delays.

(d) Violate the confidentiality rules regarding matters required by the Public Prosecutor ' s Office of the Nation, or extract, duplicate, exhibit or transmit documentation that should remain reserved by putting at risk the functions of the Public Prosecutor ' s Office of the Nation.

(e) To act with grave negligence in the handling of mandated matters or in compliance with the obligations assumed.

(f) Do not report or refuse to inform the victim or his or her representative unwarrantedly, as appropriate, where the victim requires it in respect of the circumstances of the proceedings and this affects his or her right of defence in trial.

(g) Executing facts or incurring omissions resulting in the loss of proceedings or obstruction of the proceedings or the service of justice.

(h) Not to be excused within the time it corresponds to knowing that there are reasons for their detachment.

(i) Interfer in judicial proceedings where there is no official intervention.

(j) Unwarranted and repeated procedural deadlines.

(k) To exercise counsel or representation of third parties in trial, except in their own affairs or their spouse, ascendant or descendant, or when they perform a legal duty.

(l) To perform profession, public or private employment, even on an interim basis, without prior authorization from the Procurator-General of the Nation, except for the exercise of teaching and commissions of research and academic study, provided that the practice does not impede the performance of its functions.

(m) To advise or evacuate consultations outside the cases inherent in the exercise of its function.

(n) Receiving gifts, concessions or gratifications of any kind for the performance of their functions, while they review as an entity in their material valuation.

(ñ) Do not present in time and form the affidavit and its update.

(o) Accumulate more than five (5) minor faults committed in the same year.

(p) Exercise physical, psychological or verbal abuse in the exercise of their functions.

ARTICLE 69. - Mild absences. The following are considered minor faults:

(a) Failure to perform the tasks or functions assigned in the area where they are performed, in accordance with the mission of the Public Prosecutor ' s Office.

(b) Failure to comply with general instructions, where non-compliance is unfounded and no objection has been expressed or when it has been expressed, the nature of the instruction does not allow delays.

(c) Lack of work without notice or justified cause, usually late or absent without authorization.

(d) To act in an unrespectful manner with respect to the parties or any person who engages in a trial in which the judge operates or goes to the respective offices.

(e) To deter the use of furniture and other elements provided for the exercise of the function.

ARTICLE 70. - Sanctions. The judges of the Public Prosecutor ' s Office may be liable to the following disciplinary penalties:

(a) Warning.

(b) Fine up to twenty percent (20%) of their monthly earnings.

(c) Suspension up to thirty (30) days without pay.

(d) Removal.

ARTICLE 71. - Determination of sanctions and valuation criteria. Mild faults may be punished with notice. Fine penalties of up to twenty percent (20%) of monthly, suspension and removal remuneration will only be carried out by the commission of serious offences.

Any disciplinary sanction shall be graduated taking into account the seriousness of the fault, the background in the function, the recidivism in which it had occurred, the circumstances of time, place, mode and occasion, the actual damages caused, in particular those that affect the service of justice, the post-de facto attitude that is repeated as a passive lack of sanction and reparation for the damage, if any.

In all cases there must be proportionality between the fault committed and the sanction effectively imposed.

ARTICLE 72. - Start of the performances. The disciplinary procedure shall be initiated by communication, complaint or complaint of individuals, judges, defenders or other members of the Public Prosecutor ' s Office.

ARTICLE 73. - Intervention of the Evaluating Council. When the content of the communication, complaint or complaint is manifestly inconductible, the Procurator-General of the Nation may file it without further processing. In the other cases, it shall give intervention to an Evaluating Council, which is integrated in accordance with the regulations issued for that purpose, in order to render a non-binding opinion on the object of the proceedings.

ARTICLE 74. - Procedure. Cases of disciplinary offences shall be resolved through the procedure provided for in the respective regulations, which shall guarantee due adjective process and the right of defence in trial.

In cases in which the Procurator-General of the Nation understands that the judge is liable to the sanction of removal, he must bring the case to the Court of Prosecution of the Public Prosecutor ' s Office in order to evaluate the reproachable conduct and to determine the origin of his removal or the application of other sanctions.

Disciplinary sanctions applied shall be administratively resortable in the manner in which the regulation is established. Exhausted by the administrative body, such measures shall be subject to challenge at the judicial headquarters.

ARTICLE 75. - Prescription. Disciplinary authority prescribes a year if it is minor faults and three (3) years if it is serious faults. Such terms shall begin to run from the fact that the fault is known by the competent authority.

In all cases, the sanctioning authority is extinguished if five (5) years have elapsed since the date of commission of the offence.

The statute of limitations is interrupted by the commission of a new fault or the initiation and development of the procedure and will not run when the corresponding procedure is suspended pending a final criminal sentence.

The provisions of this article shall not apply when the conduct of the judge may constitute grounds for removal.

ARTICLE 76. - Removal mechanisms. The Procurator-General of the Nation can only be removed by the grounds and by the procedure established in articles 53 and 59 of the National Constitution.

Judges who make up the Public Prosecutor ' s Office may be removed from office only by the Court of Prosecution of the Public Prosecutor ' s Office, for the cases provided for in this Act.

ARTICLE 77. - Court of Prosecution. The Court of Prosecution of the Public Prosecutor ' s Office shall consist of seven (7) members:

(a) Three (3) members shall comply with the constitutionally required requirements for the Attorney-General of the Nation and shall be appointed by the Executive Branch, one by the majority of the House of Senators and one by the National Inter-university Council.

(b) Two (2) members shall be lawyers of the federal registry and comply with the constitutionally required requirements for the Attorney General of the Nation, and shall be appointed by the Argentine Federation of Bar Associations and one by the Public Bar Association of the Federal Capital.

(c) Two (2) members shall be elected by lot among the judges of the Public Prosecutor ' s Office, one among the general prosecutors and one among the prosecutors.

The same number of alternate members shall be elected for the purposes of their subrogation.

The Court of Prosecution shall be convened by the Procurator-General of the Nation or his president in the event of a complaint filed against a complaint dismissed by him. You will have your seat in the Autonomous City of Buenos Aires and will be able to be the most convenient place to fulfill your task.

The members of the Court of Prosecution shall last three (3) years in their functions, counted on their appointment. Even if the time limits of their designations have expired, the terms of reference shall be deemed to be fully extended in each case where the court has heard, until its completion.

Once integrated, the court shall designate its president by lot. The presidency will rotate every six (6) months, according to the order of the draw.

In this court, judges of the Public Prosecutor ' s Office, appointed by the Procurator-General of the Nation, shall act as the accused ' s functional quality.

Official defenders shall act as defenders if necessary and on the option of the accused.

The intervention as a member of the court, an accused person or a defence counsel shall constitute a public charge.

ARTICLE 78. - Trial before the Court of Prosecution. The case before the Court of Prosecution shall be opened by a substantiated decision of the Procurator-General of the Nation, ex officio or by complaint, based on the invocation of facts that set up the cases of removal provided for in this Act.

ARTICLE 79. - Complaint to the Court of Prosecution. Any complaint requiring the opening of appeal to the Court of Prosecution shall be submitted to the Procurator-General of the Nation, who may proceed under article 78 or dismiss it as provided for in article 73.

ARTICLE 80. - Procedure before the Court of Prosecution. The proceedings before the Court of Prosecution shall be carried out in accordance with the regulations issued by the Procurator-General of the Nation, which shall respect due process and the right of defence in trial, as well as the principles enshrined in the Code of Criminal Procedure of the Nation. In particular, the regulation must comply with the following rules:

(a) The trial shall be oral, public, contradictory and continuous.

(b) The evidence will be fully produced in the debate or incorporated into it if it is documentary or instrumental, without prejudice to the realization of a brief summary prevention in case of urgency that endangers the evidence, safeguarding in any case the right of defence of the parties.

(c) The Court of Prosecution has a maximum period of one hundred and eighty (180) working days since the receipt of the proceedings to issue a judgement.

(d) During the discussion, the accuser shall hold the action and maintain the complaint or accusation, without prejudice to the request for acquittal where it is appropriate. The request for acquittal shall be binding on the Court of Prosecution.

(e) The judgement shall be handed down within a period not exceeding fifteen (15) days that the President of the Court of Prosecution shall fix when the debate is closed.

(f) Under the circumstances of the case, the Court of Prosecution may suspend the accused in the exercise of his or her functions and, if deemed necessary, take other preventive security measures as it deems relevant. During the duration of the suspension, the accused shall receive seventy per cent (70%) of his assets and shall hold an embargo on the remainder as a result of the trial; if he was acquitted and suspended, he shall be immediately reintegrated into his duties and shall receive the total amount of the shipment, in accordance with the principle of intangibility of remuneration.

(g) The Court of Prosecution shall secede with the entire membership. Its decisions will be made by a simple majority, but in the event of a conviction, the five (5) vote of its members will be required.

(h) The sentence will be acquittal or conviction. If the judgement of the Court of Prosecution was a conviction, it would have no other effect than the removal of the convicted person. If it is based on facts that may set up crimes of public action or this arises from the evidence or has already been initiated, intervention will be given in the manner appropriate to the competent authority.

(i) The judgement may be appealed by the judge sentenced to the National Appeals Chamber in the Federal Administrative Dispute. The appeal must be filed in writing with the Court of Prosecution, within thirty (30) days of notice of the judgement; the Court of Prosecution shall raise the appeal with the proceedings to the Chamber mentioned within five (5) days of filing.

(j) The conviction shall be executed immediately without prejudice to the possibility of judicial review through the corresponding administrative proceedings.

Part VI

Implementation standards

ARTICLE 81. - (Article Derogated by Article 5 of the Decree No. 257/2015 B.O. 29/12/2015)

ARTICLE 82. - (Article Derogated by Article 5 of the Decree No. 257/2015 B.O. 29/12/2015)

ARTICLE 83. - (Article Derogated by Article 5 of the Decree No. 257/2015 B.O. 29/12/2015)

ARTICLE 84. - (Article Derogated by Article 5 of the Decree No. 257/2015 B.O. 29/12/2015)

ARTICLE 85. - (Article Derogated by Article 5 of the Decree No. 257/2015 B.O. 29/12/2015)

ARTICLE 86. - (Article Derogated by Article 5 of the Decree No. 257/2015 B.O. 29/12/2015)

ARTICLE 87. - (Article Derogated by Article 5 of the Decree No. 257/2015 B.O. 29/12/2015)

ARTICLE 88. - (Article Derogated by Article 5 of the Decree No. 257/2015 B.O. 29/12/2015)

ARTICLE 89. - Derogation of provisions contrary to the present. Default any norm, agreed upon, resolution or any partial or totally contrary statutory provision. The contrary provisions shall not be valid and may not be invoked from their entry into force.

Within ninety (90) days of the promulgation of this law, the Procurator-General of the Nation shall issue the general regulations and instructions necessary for the functioning of the institution.

ARTICLE 90. - Contact the national executive branch.

IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, TO THE TWENTY DAYS OF THE JUNE OF THE YEAR DOS MIL QUINCE.

— REGISTRATION BAJO N° 27148 —

LOVE BOUDOU. - JULIAN A. DOMÍNGUEZ. — Juan H. Estrada. - Lucas Chedrese.