Penal Code Of The Nation Modifications - Full Text Of The Norm

Original Language Title: CODIGO PROCESAL PENAL DE LA NACION MODIFICACIONES - Texto completo de la norma

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image inicio sitio infoleg MInisterio de Justicia y Derechos Humanos
CODIGO PROCESSAL PENAL DE LA NATION Law 25.770 Modification. Sanctioned: August 13 of 2003. Promulgated: September 11, 2003.

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

ARTICLE 1 Incorporate as the last paragraph of article 359 of the Criminal Procedure Code, the following:

"When the preparation of the trial and its characteristic suggests that the hearing of the debate will be extended for more than ten (10) days, the court will require the appointment of a substitute judge, who will have the same obligations of assistance as the members of the court and the power to question, but not to participate in deliberations for the resolution of incidents or under article 396. To that end, the Supreme Court of Justice of the Nation must make up a list of disputes for the alleged overload of tasks by the chamber judges of the criminal jurisdiction. Its designation should be notified to the parties under the penalty of nullity for the purpose of interposing the recussions deemed relevant."

ARTICLE 2 Incorporate as the last paragraph of article 365 of the Criminal Procedure Code, the following:

"When the debate has elapsed for more than ten (10) effective days of hearing and the case of paragraph 4 of the case for the judge, or when the prosecutor or the defender has no possibility of replacement, the hearing may be suspended for up to thirty (30) working days. The same suspension may be made in the event of verification of the same circumstances.

When the provision has been made to summon the substitute judge and the time limit for extraordinary suspension provided for in the preceding paragraph or the reinstatement of the judge is impossible, the substitute shall be replaced with full powers until the conclusion of the debate and subsequent proceedings. Repeated incidents will not be admitted. In cases of suspension or postponement of a debate hearing, judges may intervene in others, unless otherwise expressly provided."

ARTICLE 3 Incorporate as the third paragraph of article 400 of the Criminal Procedure Code, the following:

"When the extraordinary suspension provided for in article 365 has been verified, the period set out in the preceding paragraph shall be ten (10) days and may be extended up to twenty (20) days when the hearing has been extended for more than three months and up to forty (40) days when it has been more than six months. "

ARTICLE 4 The amendments introduced by this Act shall begin to govern the ninety-nine (90) days of publication.

ARTICLE 5° Contact the Executive.

IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, THE TRECE DAY OF AGOSTO FOR THE YEAR DOS MIL TRES.

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EDUARDO O. CHANGE. . JOSE L. GIOJA. . Eduardo D. Rollano. . Juan Estrada.