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Penal Code Modification - Full Text Of The Norm

Original Language Title: CODIGO PENAL MODIFICACION - Texto completo de la norma

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image inicio sitio infoleg MInisterio de Justicia y Derechos Humanos
CODIGO ENAL Law 25.742 Modification. Sanctioned: June 4, 2003. Promulgated: June 19, 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 23 of the Criminal Code the following text:

In the case of conviction imposed by any of the offences provided for in articles 142 bis or 170 of this Code, it is included among the assets to confiscate the piece of furniture or property where the victim is deprived of his liberty. Property confiscated for such crimes, as provided for in this article, and the proceeding of fines imposed, shall be affected by programmes of assistance to the victim. .

ARTICLE 2 Incorporate as article 41 ter of the Criminal Code, the following:

Article 41 ter: The penal scales provided for in articles 142 bis and 170 of this Code may be reduced by a third of the maximum and in half of the minimum with respect to the participants or coverts who, in the course of the proceedings or before their initiation, provide information that allows the victim to know the place where the victim is deprived of his liberty, or the identity of other participants or encubridores of the fact, or any other information that allows him or her to know.

In the event of imprisonment or life imprisonment, imprisonment or imprisonment of eight (8) to fifteen years may be applied.

Only those who have criminal responsibility less than those who identify can enjoy this benefit. .

ARTICLE 3 Replace article 142 bis of the Criminal Code with the following:

Article 142 bis: Prison or detention shall be imposed from five (5) to fifteen (15) years, to which he shall remove, retain or conceal a person in order to force the victim or a third party to do, not do, or tolerate something against his will. If the author achieves his purpose, the minimum penalty shall be raised to eight (8) years.

The penalty shall be 10 to 25 years ' imprisonment or imprisonment:

1. If the victim was a pregnant woman; a minor under 18 years of age; or an older than seventy (70) years of age.

2. If the act is committed in the person of an ascendant; of a brother; of the spouse or cohabitant; or of another individual to whom particular respect is due.

3. If the victim is caused serious or serious injuries.

4. When the victim is a disabled person, sick or unable to avail himself or herself.

5. Where the agent is a public official or employee; or belongs to or has belonged to any security force or intelligence agency of the State.

6. When participating in the fact three (3) or more persons.

The penalty shall be from fifteen (15) to twenty-five (25) years ' imprisonment if the death of the offended person, as a consequence not dear to the author.

The penalty shall be imprisonment or life imprisonment if the death of the offender is intentionally caused.

The penalty of the participant who, disconnecting from others, strives to ensure that the victim regains freedom, without such a result being the result of the attainment of the author ' s purpose, will be reduced from one third to half. .

ARTICLE 4 Replace article 170 of the Criminal Code with the following:

Article 170: Imprisonment or imprisonment of five (5) to fifteen (15) years shall be imposed, to which he removes, retains or conceals a person for ransom. If the author achieves his purpose, the minimum penalty shall be raised to eight (8) years.

The penalty shall be 10 to 25 years ' imprisonment or imprisonment:

1. If the victim was a pregnant woman; a child under 18 years of age or over 70 (70) years of age.

2. If the act is committed in the person of an ascendant; of a brother; of the spouse or cohabitant; or of another individual to whom particular respect is due.

3. If the victim is caused serious or serious injuries.

4. When the victim is a disabled person; a sick person; or a person who cannot avail himself or herself.

5. Where the agent is a public official or employee; or belongs to or has belonged to any security force or intelligence agency of the State.

6. When participating in the fact three (3) or more persons.

The penalty shall be from fifteen (15) to twenty-five (25) years ' imprisonment or imprisonment if the death of the offended person results, as a consequence not loved by the author.

The penalty shall be imprisonment or life imprisonment if the death of the offender is intentionally caused.

The penalty of the participant who, disconnecting from the others, strives so that the victim regains freedom, without such a result being the consequence of the payment of the price of freedom, will be reduced from one third to half. .

ARTICLE 5° Contact the Executive.

IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, TO THE FOUR DAYS OF THE JUNE YEAR TWO MIL TRES.

# 25,742

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