Protection Program For Witnesses And Accused Program - Creation - Full Text Of The Norm

Original Language Title: PROGRAMA NAC. DE PROTECCION A TESTIGOS E IMPUTADOS PROGRAMA - CREACION - Texto completo de la norma

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image inicio sitio infoleg MInisterio de Justicia y Derechos Humanos
NATIONAL PROTECTION PROTECTION PROTECTION OF TESTIGOS E IMPUTADOS Law 25.764 Creation of the aforementioned Program, aimed at preserving the safety of accused persons and witnesses who have collaborated in a significant and efficient way in a judicial investigation of federal jurisdiction, concerning the offences provided for in articles 142 bis and 170 of the Criminal Code of the Nation and those provided for by the Nros Acts. 23.737 and 25.241. Sanctioned: July 23, 2003. Enacted: August 12, 2003.

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

ARTICLE 1 Please refer to the National Programme for the Protection of Witnesses and Imputed Persons, aimed at the implementation of measures to preserve the safety of accused persons and witnesses who are in a situation of danger to their life or physical integrity, who have collaborated in a significant and efficient manner in a judicial investigation of federal jurisdiction concerning the offences provided for in articles 142 bis and 170 of the Criminal Code of the Nation and those provided for by Acts 23,737 and 25.24.

Without prejudice to this, at the request of the judicial authority, the Minister of Justice, Security and Human Rights may well include other cases not provided for in the preceding paragraph when dealing with crimes linked to organized crime or institutional violence and the criminal political significance and interest of the investigation make it advisable.

ARTICLE 2 Protection measures shall be ordered, on his own motion or at the request of the prosecutor, by the judge or court in charge of the case in which the statement justifying such a temperament is received. The competent judicial body shall, on a prior basis, seek:

(a) The opinion of the Procurator-General or the Magistrate of the Public Prosecutor ' s Office in which he delegated the above-mentioned function, if not required by the latter;

(b) The conformity of the National Director of Protection of Witnesses and Imputed Persons.

Until this happens, the situation shall be taken by the judge or court under article 79 (c) of the Criminal Procedure Code of the Nation.

In the event of danger in the delay or inconvenience of the measures referred to in the preceding paragraph, the person ' s provisional entry to the programme must be made and the appropriate protection measures taken.

Article 3 The implementation of this programme, for the purpose of the proper distribution and allocation of available resources from the national State, will depend on the concurrence of the following:

(a) Based on a certain danger to the physical integrity of a person as a result of his or her collaboration or relevant statement in a criminal case;

(b) Significant public interest in the investigation and prosecution of the act on the basis of its degree of social involvement;

(c) Validity, credibility and importance of the contribution of the person whose protection is required for the investigation and criminal trial;

(d) Viability of the implementation of special protection measures;

(e) Adaptability of the person to special protection measures.

ARTICLE 4 The special protection measures provided for in this Act may be applied to all or some of the persons living with the person under threat. ARTICLE 5o Special protection measures, where circumstances permit and make it advisable, may include:

(a) Personal or domiciliary custody:

(b) Temporary accommodation in reserved places;

(c) Change of domicile;

(d) The provision of economic means for accommodation, transportation, food, communication, health care, moving, reinsertion of work, procedures, security systems, housing and other essential expenses, within or outside the country, while the beneficiary is unable to obtain them by his own means. In no case shall economic assistance be granted for more than six (6) months;

(e) Assistance in processing;

(f) Assistance for the reintegration of labour;

(g) The provision of documentation that credits identity on an assumed name for the purpose of keeping the location of the protected person and his family group in reserve.

ARTICLE 6 It is an inexcusable condition for the admission and permanence of the beneficiary subject in the provisions of this programme to accept the written acceptance of the compulsory compliance with the following provisions:

(a) To maintain absolute reservation and confidentiality regarding the protection situation and the measures taken;

(b) Provide, where necessary, medical, psychological, physical and socio-environmental examinations to assess their ability to adapt to the measures necessary;

(c) To give consent, if necessary, to take the measures provided for in the preceding paragraph concerning minors or incapable persons under their parental authority, guardianship, guardianship or guardianship;

(d) Submit a declaration of affidavit on its assets, liabilities, trials or pending legal actions and other legal obligations;

(e) Collaborate with the maintenance of the relationships of filiation between parents and children under age and the food obligations that may exist;

(f) To remain within limits imposed by special protection measures;

(g) Change of address whenever necessary and, where appropriate, receive the good that has been managed. In these cases, the present programme will provide for the management of property through the State ' s housing plans, with the benefiting person;

(h) Failure to resort to places of probable risk or beyond the operational scope of the personnel assigned for protection;

(i) To respect the limits imposed by special protection measures and the instructions given to it;

(j) Commit not to commit crimes or contraventions.

ARTICLE 7 Failure to comply with any of the obligations set out in the above-mentioned article will be a sufficient cause for judicial exclusion from the National Programme for the Protection of Witnesses and Imputed Persons. ARTICLE 8 The National Programme for the Protection of Witnesses and Imputed Persons will operate within the Ministry of Justice, Security and Human Rights, and will be led by a national director appointed by the Minister of Justice, Security and Human Rights. Article 9 The National Director of the National Programme for the Protection of Witnesses and Imputed Persons shall have the following powers:

(a) To carry out appropriate protection measures for each case and the possibilities of adaptation to them by the beneficiaries. To that end, it may require psychological, clinical, environmental studies and all those it deems relevant;

(b) To make communications concerning the follow-up of each case to the authorities that had required protection and to determine the different aspects of the implementation of the programme;

(c) To entrust the material implementation of special measures for the protection of security, police and prison forces, who must comply in time and form, providing custody services, technical or socio-environmental reports and any other service that, for reasons of immediacy and reservation of the case, is deemed necessary. To this end, the person responsible for the respective government area shall designate the official responsible for the actions referred to in this paragraph, insofar as their competence corresponds and provide for the measures that lead to the expenses that they demand;

(d) Requiring from public administration agencies or units the intervention to provide specific services, as well as the preparation of procedures and the provision of documentation and information. Officials responsible for the agencies and units of the public administration shall comply in time and form with what is required, subject to the expectation of being regarded as a grave breach;

(e) To make payments, contracts and erogations reserved for the implementation of protection measures;

(f) To require the judge to provide protection for his cessation when the circumstances so advise;

(g) To propose the conclusion of conventions and to maintain relations at the national and international levels with public or private bodies or institutions, national or international, giving appropriate intervention to the Ministry of Foreign Affairs, International Trade and Worship.

Administrative acts aimed at carrying out the programme shall be discretionary, without the need for prior action. No administrative remedy shall be admissible against such acts.

ARTICLE 10. Please refer to the Minister of Justice, Security and Human Rights to issue the relevant resolutions for the purpose of the proper and rational implementation of the National Programme for the Protection of Witnesses and Imputed Persons. ARTICLE 11. Contact the Executive.

IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, TO THE VEINTS DAYS OF THE JULY YEAR DOS MIL TRES.

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EDUARDO O. CHANGE. . MARCELO G. LOPEZ ARIAS. . Eduardo D. Rollano. . Juan Estrada.