Domestic Courts And Prosecutors In The Economic Criminal - Competences - Full Text Of The Norm

Original Language Title: JUSTICIA JUZGADOS Y FISCALIAS NACIONALES EN LO PENAL ECONOMICO - COMPETENCIAS - Texto completo de la norma

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image inicio sitio infoleg MInisterio de Justicia y Derechos Humanos
JUSTICE

Law 27.097

Act No. 25.292. Modification.

Sanctioned: December 17, 2014

Promulgated: January 19, 2015

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

Law:

ARTICLE 1 — From the entry into force of this Act, national courts in the economic criminal sphere shall, together with the material and territorial jurisdiction they currently possess, be assigned to national courts in the criminal taxation.

The national courts in the tax penalty established by article 3 of Law 25.292, which are currently referred to in numbers 1, 2 and 3, will be transformed into the national courts in the economic criminal number 9, 10 and 11, respectively, with the same competence and structure as the latter. To this end, the charges set out in the annex are created as part of this Act.

ARTICLE 2
It will be the responsibility of the prosecutor ' s offices in the economic criminal sphere, in addition to the one they currently own, the one attributed to the prosecution in the criminal taxation, created by article 6 of Act 25.292.

The national prosecutor ' s offices in the tax penalty, currently referred to in numbers 1, 2 and 3, will be transformed into the national prosecutor ' s offices in the economic criminal number 9, 10 and 11, with identical competence and structure as the latter.

ARTICLE 3 — The official public ombudsman before the national courts in the tax penalty established by article 9 of Act No. 25,292, shall be referred to as Official Public Defender No. 3 before the courts and National Appeals Chamber in the Economic Penal Code and shall, together with its current competence, be assigned to the official public ombudsmen before the courts and the National Appeals Chamber in the Economic Penal Code.

ARTICLE 4 - The cases currently settled in each court will continue to be processed until completion.

ARTICLE 5 — Replace article 19 of Law 24.050 and its amendments with the following:

‘Article 19: The National Chamber of Appeals in the Economic Criminal will be a court of appeal in respect of the resolutions of the national judges in the economic criminal sphere, as well as questions of competence and of the complaints appeals on a motion delayed or denied by the same judges. It will work divided into two (2) rooms with three (3) members each. ’

ARTICLE 6 Replace article 25 of Law 24.050 and its amendments with the following:

‘Article 25: The national courts in the economic criminal sphere shall be responsible for the investigation of the offences which correspond to them for their present material competence, including those provided for in law 24,769 and their amendments. They will have two (2) secretariats per court. ’

ARTICLE 7 Refer to articles 13 bis and 25 bis of Law 24.050 and their amendments.

ARTICLE 8 — Refer to article 32, paragraph 8 (o), of Decree-Law 1.285/58.

ARTICLE 9 — Replace article 64 of Law 24.121 and its amendments with the following:

‘Article 64: The National Chamber of Appeals in the Economic Penalties of the Federal Capital shall be renamed the National Appeals Chamber in the Economic Criminal and shall consist of two (2) chambers consisting of three (3) judges each. ’

ARTICLE 10. - Any normative reference in which the national courts are mentioned in the tax criminal case shall be considered, starting with the entry into force of this law, to the national courts in the economic criminal sphere.

ARTICLE 11. - The National Appeals Chamber for Economic and other competent judicial bodies shall, within six (6) months, take the necessary measures to enable the implementation of articles 1, 2 and 3 of this Act.

ARTICLE 12. - Contact the national executive branch.

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

— REGISTRATION BAJO N° 27.097 —

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

Annex

NATIONAL CALL OF APELATIONS IN THE ECONOMIC PENAL

National Economic Criminal Court No. 9

Correspondants to annex II of the scale of the judicial branch of the Nation:

- One (1) officer charge.

- Two (2) writing charges.

Correspondient to annex III to the scale of the judicial branch of the Nation:

- One (1) half-off officer.

National Economic Criminal Court No. 10

Correspondants to annex II of the scale of the judicial branch of the Nation:

- Two (2) officer charges.

- Two (2) writing charges.

Correspondient to annex III to the scale of the judicial branch of the Nation:

- One (1) half-off officer.

National Economic Criminal Court No. 11

Correspondants to annex II of the scale of the judicial branch of the Nation:

- Two (2) officer charges.

- Two (2) writing charges.

Correspondient to annex III to the scale of the judicial branch of the Nation:

- One (1) half-off officer.