Conventions Progressive Transfer Of Criminal Jurisdictions - Full Text Of The Rule

Original Language Title: CONVENIOS TRANSFERENCIA PROGRESIVA DE COMPETENCIAS PENALES - Texto completo de la norma

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CONVENTIONS Law 25.752 Approve the Convention on the Progressive Transfer of Criminal Competences of National Justice to the Judiciary of the Autonomous City of Buenos Aires, signed on 7 December 2002. Sanctioned: July 2nd, 2003 Cast: July 25th, 2003

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

ARTICLE 1 Approve the Convention on the Progressive Transfer of Criminal Competences from the National Justice to the Judicial Power of the Autonomous City of Buenos Aires, signed in the City of Buenos Aires, by the President of the Nation and the Chief of Government of the Autonomous City of Buenos Aires, on 7 December 2000, whose authenticated copy forms an integral part of this law. ARTICLE 2 . Contact the executive branch. IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, TO THE TWO DAYS OF THE JULY OF THE YEAR DOS MIL TRES.

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EDUARDO. . José L. Gioja. . Eduardo D. Rollano. . Juan Estrada.

PROGRESS TRANSFER OF PENRAL COMPETENCES OF NATIONAL JUSTICE TO THE JUDICIAL PODER OF THE AUTONOMA CITY OF GOOD AIRES

In the city of Buenos Aires, on the 7th day of the month of December 2000, Mr. President of the Argentine Nation, Dr. Fernando de la RUA, and Mr. Head of Government of the Autonomous City of Buenos Aires, Dr. D. Aníbal IBARRA, and agree to hold the present Convention on the Transport of PENRAL COMPETENCES OF THE GOOD JUSTICE TO THE PODER

The signatory parties to this Convention take into account that:

The constitutional reform of 1994 established the legislative, judicial and administrative autonomy of the city of Buenos Aires (art. 129 of the C.N.), thus contributing to the strengthening of the Argentine federal system. Its lack of autonomy, until 1994, generated an atypical situation in a federal model, in the sense that its inhabitants could not afford their own laws, judge themselves by their own judges and administer their resources autonomously. Beyond the doctrinal debate on the "status" of the city, in terms of its identification with the provinces, it is clear that the "desideratum" of the constitutional rule is to conclude in a full jurisdictional autonomy, in the same terms as the provinces enjoy.

As established by the thirteenth transitional clause of the Constitution of the Autonomous City of Buenos Aires; the first provision of the fourth title of Law No. 7, Organic Law of the Judiciary of the City of Buenos Aires; and art. 6 of Law No. 24.588, Law on the Guarantee of Interests of the National State in the City of Buenos Aires, the Government of the Nation and the Government of the Autonomous City of Buenos Aires are authorized to enter into agreements leading to an orderly transfer of competences.

It is clear that there is a need for a progressive transfer of competencies, which encumber the shift in the functions of the various justice operators, in order to ensure in the transition a administration of justice that is not altered in its provision for change.

In the territory of the Autonomous City of Buenos Aires, the problem of the possession of weapons, of civil use, their improper supply and their bearing in the public road is a problem of exclusive responsibility of their government, not only in relation to the exercise of their police power, but also in relation to the responsibilities and criteria of criminal prosecution of the competent bodies and the prosecution of the respective offences (art. 8, Law 7).

In addition, the possession of weapons of civilian use, their improper supply and their bearing in the places where sport shows are taking place or their surroundings, is also presented as a phenomenon of gravity that concerns the government of the city, when it has occurred within its territory.

However, these behaviors, according to the current legislation, are not (except for the exception of Article 28 of Law No. 24.192) subject to the jurisdiction of the Judiciary of the Autonomous City of Buenos Aires, which means an undue restriction on the jurisdictional autonomy of the Autonomous City of Buenos Aires. 129 of the National Constitution that assures the City of Buenos Aires a regime of autonomous government, "with the powers of legislation and jurisdiction...", and also the provisions of art. 106 of the Constitution of the Autonomous City of Buenos Aires, which attributes to its Judiciary of the City the "knowledge and decision of all the causes that are seen on regulated points... by the Codes of Background and by national and local laws and norms", and "for the conventions that the city celebrates". Thus, the mere possession of firearms of civil use, committed within the Autonomous City of Buenos Aires, is within the competence of the Federal Justice based therein (art. 42 bis of Law No. 20.429, text according to Law 25.086). The mere possession of firearms of civil use without due authorization, committed within the Autonomous City of Buenos Aires, is within the competence of the National Justice of the Federal Capital (art. 189 bis of the Criminal Code, text according to Law No. 25.086 and 26 of the Criminal Procedure Code). Likewise, the possession, possession (and similar situations) of firearms of civil use in places or their immediate vicinity where sporting shows are held in the area of the Autonomous City of Buenos Aires, is the competence of the National Justice of the Federal Capital (arts. 3, 4 and 12 of the Law No. 24,192 of "violence in sports shows"; art. 26 CPP).

On the other hand, and in order to achieve greater coherence in the State treatment of the illegal possession, possession and supply of firearms of civil use, and a better efficiency in the judicial treatment of these offences, it is advisable that such behaviours be a ground for investigation by the Public Prosecutor ' s Office of the Autonomous City of Buenos Aires and for trial by its judges in an exclusive and exclusive manner, to all who are transferred, respectively, these powers and competences to the National Government.

It is necessary to have the participation of the Public Prosecutor’s Office in the con- they grew from this agreement, based on what is expressed in the article. 120 of the National Constitution, which characterizes it as an independent body with functional autonomy. In this way, the investigations and prerogatives of the different powers of the State shall be respected in relation to the transfer of criminal jurisdictions that are agreed upon in this act.

Thus, the transfer of these competences (and of the funds to attend to its operation) of investigation and jurisdiction, today in charge of the Federal and National Justice with seat in the Autonomous City of Buenos Aires, to the Contraventional Justice of the Autonomous City of Buenos Aires, must be the reason for an agreement such as that which here is held between the National Government and the local, ratified by the National Congress and the Legislature of the Autonomous City of Buenos Aires 6 of Act No. 24.588, which provides that the National State and the City of Buenos Aires shall conclude agreements concerning the transfer of agencies, functions, competences, services and goods. On the other hand, this agreement will allow for the start of execution of the "transfer" of jurisdictional competences in criminal matters and a practice of inter-jurisdictional agreements. It also allows new transfers of competition by agreement.

Taking into account the nature and characteristics of the offences in question, and the quality and quantity of the sanctions with which they are considered, it is appropriate to apply to their investigation and prosecution the respective requirements of Law No. 12 of the Autonomous City of Buenos Aires, with supplementary application of the Code of Criminal Procedure of the Nation in what is not expressly provided for in that law.

For all the above, Mr. President of the Argentine Nation and Mr. Head of Government of the Autonomous City of Buenos Aires celebrate the present Convention that they subscribe in the framework of the provisions of the arts. 129 of the National Constitution, 106 of the Constitution of the Autonomous City of Buenos Aires, the thirteenth clause of the Constitution of the City of Buenos Aires, the fourth title of Law No. 7, Organic Law of the Judiciary of the Autonomous City of Buenos Aires ( Complementary and transitional provisions), first clause, and art. 6 of Act No. 24.588, and concordant rules.

FIRST: The facts of possession and possession of weapons of civil use and their supply to those who are not legitimate users, sanctioned in art. 42 bis of Act No. 20.429 and arts. 189 bis, 3rd paragraph and 189 ter of the Criminal Code, all according to Law No. 25.086, and in Articles 3rd, 4th and 38 of Law No. 24.192, committed in the territory of the Autonomous City of Buenos Aires, will be investigated by the Public Prosecutor's Office of the Autonomous City of Buenos Aires and judged by its competent Judges, according to the procedures established by Law No. 12 of the Autonomous City of Buenos Aires. SECOND: The practical rules for the implementation of what is agreed here will be dictated by the Council of the Magistracy of the Autonomous City of Buenos Aires, as provided by art. 116 inc. 3 of the Constitution of the City of Buenos Aires, which is empowered to conclude the necessary agreements to that end with the authorities or agencies of any jurisdiction that are relevant. THIRD: The Public Prosecutor ' s Office, through the representation of the Procurator-General of the Nation, will reorganize and redefine the functions that correspond to the Prosecutor ' s Offices that currently act before the Criminal Justice Office based in the Autonomous City of Buenos Aires, to the extent that it is appropriate to achieve a better service of justice. FOURTH: The transfer of the competences under this convention shall be accompanied by the relevant resources, as provided for in article 2. 75 inc. 2 of the National Constitution, the thirteenth clause of the Constitution of the City of Buenos Aires, and the first clause of Law No. 7 (fourth title) of Organization of the Judiciary of the Autonomous City of Buenos Aires ( Complementary and transitional provisions). To that end, the signatories shall designate a representative each for the purpose of the estimation and liquidation of the respective amounts, in the terms of art. 8 of Act No. 23.548. In no case will there be duplication of expenditure. WHO: The signatories will agree directly on the specific modalities of the transfer of the jurisdiction of the current Correctional Justice, as well as the transfer of investigative powers from the remaining ordinary crimes to the Public Prosecutor ' s Office, within the framework of the rules set out in this Convention. To that end, specific commissions will be formed and organized. The same procedure established in this article will be followed in the remaining agreements on transfer of judicial services.

In any form of transfer, the job stability and the predictive rights acquired by the Judicial Magistrates and the Prosecutors of the Procuration General de la Nación must be safeguarded, which elect to take place in the justice of the Autonomous City of Buenos Aires.

SEXTO: The parties shall form a joint commission to resolve situations that are not covered by this convention, allowing for consultative participation in the process of associations that are recognized as representative of judges and judicial officials, as well as the Bar Associations and non-governmental organizations working in the justice sector. SEPTIMO: This agreement will take effect from the thirty (30) days of the date of incorporation of the Contraventional and Lack of the Autonomous City of Buenos Aires, in the terms of the Complementary and Third Transitory Provision of Law No. 7 of the Autonomous City of Buenos Aires. OCTAVO: This agreement is held ad-referendum of its approval by the Honorable Congress of the Nation and the Legislature of the Autonomous City of Buenos Aires.

In conformity with this agreement, the parties subscribe to two copies and to one effect in the City of Buenos Aires, Capital of the Argentine Republic on 7 days of December of the year two thousand.

FIRMA