Code Of Criminal Procedure Of The Code Of Criminal Procedure - Modifications - Full Text Of The Norm

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

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CODIGO PROCESSAL PENAL DE LA NATION Ley 25.760 Modifications. Sanctioned: July 16, 2003. Promulgated: August 7 of 2003.

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

ARTICLE 1 Incorporate as article 132 bis of the CRIMINAL PROCESS CODIGO, the following:

"Article 132 bis: In cases where any of the offences provided for in articles 142 bis and 170 of the NATIONAL CRIMINAL CODIGO are investigated, or which deal in a related manner with those offences, where the life of the victim is in danger or the delay in the proceedings may seriously compromise the success of the investigation, the judge or the Prosecutor in charge of the investigation may act in other territorial jurisdiction by ordering the authorities of the procedure. The prevention authorities should inform the local judge of the results of the proceedings. "

ARTICLE 2 Incorporate as the last paragraph of Article 196 bis of the CRIMINAL PROCESS CODIGO, the following:

"In the cases in which any of the offences provided for in articles 142 bis and 170 of the CRIMINAL CODIGO of NATION are investigated, or which deal in a related manner with those, even if they have individualized authors, the investigation will be conducted by the MINISTERIO PUBLICO FISCAL from the beginning of the proceedings to the conclusion of the summary, with news to the competent judge in turn. "

Article 3 Incorporate as article 207 bis of the CRIMINAL PROCESS CODIGO, the following:

"Article 207 bis: In cases where any of the offences provided for in articles 142 bis and 170 of the NATIONAL CRIMINAL CODE are investigated, or which deal in conjunction with those offences, the terms set out in article 207 of this Code shall be reduced by half. The Prosecutor in charge of the investigation may request an extension of the term, under the conditions stipulated in the precited article and upon the authorization of the Procurator-General of the Nation. "

ARTICLE 4 Incorporate as article 212 bis of the CRIMINAL PROCESS CODIGO, the following:

"Article 212 bis: Notwithstanding the provisions of article 213 (a), where there is sufficient reason to suspect that a person has participated in the commission of any of the offences provided for in articles 142 bis and 170 of the NATIONAL CRIMINAL CODE, or in any other criminal offence whose investigation is related to those offences, the Prosecutor shall proceed to receive a statement to him, unless the accused manifests his will to testify before the judge.

When the statement is received by the Prosecutor, it shall proceed in accordance with the provisions of articles 294 et seq. of this Code. Upon completion of the proceedings, the Prosecutor shall forward a copy of all acts to the judge, for the sole purpose of resolving the situation of the accused (articles 306 et seq.).

When the statement is received by the judge, the Prosecutor shall immediately forward the proceedings, keeping a copy of its relevant parts for the purpose of continuing the investigation. In both cases, prior to the commencement of the declaration, the accused must be informed in detail, if appropriate, of the provisions contained in article 41 ter of the NATIONAL CRIMINAL CODE.

The judge shall pronounce himself in the improbable term of CINCO (5) days from the conduct of the hearing. The resolution will be appealable, without suspensive effect, within the time of CUARENTA AND OCHO (48) hours."

ARTICLE 5o Incorporate as the third paragraph of Article 224 of the CRIMINAL PROCESS CODIGO, the following:

"In case of urgency, when there is a delegation of diligence, the communication of the order to which the search is entrusted may be carried out by electronic means. The addressee of the order shall immediately communicate his receipt to the issuing judge and confirm that the data of the order, referred to in the preceding paragraph, are correct. The digital signature can be used. The SUPREME COURT OF NATIONAL JUSTICE or the body in which it delegates such authority shall regulate the precautions to be taken to ensure the seriousness, certainty and authenticity of the procedure. "

ARTICLE 6 Incorporate as Article 227, paragraph 5, of the CRIMINAL PROCESS CODIGO, the following:

"5. There are substantial suspicions that a victim of unlawful deprivation of liberty is found in a house or premises and that his life or physical integrity is at imminent risk (art. 34, para. 7 of the NATIONAL CODIGO). The representative of the PUBLIC MINISTERIO FISCAL shall authorize the diligence and his presence in the place will be necessary. "

ARTICLE 7 Incorporate as second and last paragraphs of Article 236 of the CRIMINAL PROCESSAL CODIGO, the following:

"Under the same conditions, the judge may also order the obtaining of the records of the communications of the accused or of those who communicate with him.

In cases involving the investigation of any of the offences provided for in articles 142 bis and 170 of the CRIMINAL CODIGO, or which deal in a manner related to those offences, where there is danger in the delay, duly justified, such powers may be exercised by the representative of the MINISTERIO PUBLICO FISCAL, by means of self-founded, with immediate communication to the judge, who shall be validated in twenty-hours. "

ARTICLE 8 Incorporate as article 442 bis of the CRIMINAL PROCESS CODIGO, the following:

"Article 442 bis: In cases where any of the offences provided for in articles 142 bis and 170 of the NATIONAL CRIMINAL CODE are investigated, or which deal in a related manner with those, the cars, interlocutors and resolutions that were appealed during the instruction shall be lifted to the court of entanglement to know jointly of the resources granted, once the representative of the MINISTERIO has issued the full article The remedies filed against the decision denying the exemption from imprisonment, release or pretrial detention of the accused are excluded from this provision. "

Article 9 Incorporate as article 359 bis of the CRIMINAL PROCESS CODIGO, the following:

"Article 359 bis: In cases where any of the offences provided for in articles 142 bis and 170 of the NATIONAL CODIGO are investigated, or which deal in a related manner with those, the terms set forth in article 354 shall be reduced to CINCO (5) and OCHO (8) days, respectively, and the term set forth in article 359 shall be reduced to CINCO (5) days. "

ARTICLE 10. Contact the national executive branch.

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

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