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Acts Of Terrorism Definicion-Alcances-Reductions Of Criminal Scale - Updated Text Of The Norm

Original Language Title: HECHOS DE TERRORISMO DEFINICION-ALCANCES-REDUCCIONES DE ESCALA PENAL - Texto actualizado de la norma

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image inicio sitio infoleg MInisterio de Justicia y Derechos Humanos
JUSTICE Law 25,241 Acts of Terrorism. Definition. Reduction of the criminal scale to the accused who effectively collaborates with the investigation. Alcances. Protection measures.

Sanctioned: February 23, 2000.

Promulgated: March 15, 2000.

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

ARTICLE 1 For the purposes of this Act, the criminal actions provided for in article 213 ter of the Criminal Code are considered as terrorist acts.

(Note Infoleg: by art. 6° of the Act No. 26.734 B.O. 28/12/2011 are considered to be covered for the purposes of this article, criminal actions committed for the specific purpose of article 41 quinquies of the Criminal Code)

(Article replaced by Article 9 of the Act No. 26,268 B.O. 5/7/2007)

ARTICLE 2 In the cases established in the preceding article, the criminal scale may be exceptionally reduced by applying that of the attempt or by limiting it to half, to the accused who, prior to the issuance of the final judgement, effectively collaborates with the investigation. In order to obtain the benefit, essential information should be provided to avoid the consummation or continuation of the offence or the perpetration of another person, or to help clarify the fact under investigation or other related matters, or to provide evidence of usefulness to prove the intervention of other persons, provided that the offence in which the beneficiary is involved is less than that for which he has provided or contributed his collaboration.

Article 3 In the same cases, the legal minimum of the kind of punishment may be applied, where the information provided has allowed the existence of the illicit association to be proven, to derail its activities or to establish the intervention of any of its members in the criminal act, thus determining the respective submission to the process of those who had not been charged until then.

ARTICLE 4 The above-mentioned reduction of the penalty shall be decided by the court of the trial when the final judgement is rendered.

However, as soon as the reduction of the criminal scale provided for in articles 2 and 3 appears likely, it may be considered for the purpose of excarcelation in accordance with common procedural rules.

ARTICLE 5o The statements of the persons mentioned in the above provisions shall be of no value if they do not occur with the prosecutor ' s office, the complaint and the defence, as set out in the procedural laws.

The evidentiary elements obtained through the collaboration provided for in this law may be used exclusively in the same process or in others for acts related to or related to which it motivated.

ARTICLE 6 One (1) to three (3) years ' imprisonment shall be repressed by any of the persons who follow this law and make false statements or provide inaccurate data on third parties.

ARTICLE 7 If it is presumable that the accused who has collaborated will be at risk for his or her personal integrity or family, the necessary protection measures will be taken, including the provision of the necessary resources to change labour activities and the replacement of their identity.

ARTICLE 8 Contact the Executive.

IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, TO THE VEINTS OF THE FEBRUARY MONTH OF THE YEAR DOS MIL.

_

PASCUAL RAFAEL. . JOSE GENOUD. . Guillermo Aramburu. . Mario L. Pontaquarto.

Decree 242/2000

Bs. As., 15/3/2000

TANTO:

Please note by National Act No. 25,241 fill in, report, publish, give to the National Directorate of the Official Register and archvese. . OF THE RUA. Rodolfo H. Terragno. . Ricardo Gil Lavedra.