Criminal Code Offences With Firearms Modification - Full Text Of The Rule

Original Language Title: CODIGO PENAL DELITOS CON ARMAS DE FUEGO MODIFICACION - Texto completo de la norma

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CODIGO ENAL Law 25.886 Modification. Sanctioned: April 14, 2004. Enacted: May 4, 2004.

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

ARTICLE 1o , Replace article 189 bis of the Criminal Code with the following:

"Article 189 bis.- (1) Any person who, in order to contribute to the commission of offences against the common security or to cause damage to the machines or in the production of products, acquires, manufactures, supplies, subtracts or has in its possession pumps, materials or devices capable of releasing nuclear energy, radioactive materials or nuclear substances, or their wastes, radioactive isotopes, explosive materials, flammable, asphyxiating, toxic or biologically hazardous substances (5)

The same penalty shall be imposed on which, knowing or knowing that it contributes to the commission of offences against common security or intended to cause damage to machines or in the production of products, it shall give instructions for the preparation of substances or materials referred to in the preceding paragraph.

The mere possession of the materials referred to in the preceding paragraph, without due legal authorization, or which cannot be justified for reasons of domestic or industrial use, shall be repressed with imprisonment of THREE (3) to SEIS (6) years.

(2) The mere possession of civilian firearms, without due legal authorization, will be repressed with imprisonment of 6 (SEIS) months to 2 (DOS) years and fine of MIL PESOS ($ 1,000-) to EZ MIL PESOS ($ 10,000.-).

If the weapons were war, the penalty would be DOS (2) to SEIS (6) years in prison.

The carrying of firearms of civilian use, without due legal authorization, shall be repressed with imprisonment of UN (1) year to CUATRO (4) years.

If the weapons were war, the penalty would be three (3) years and SEIS (6) months at OCHO (8) years and SEIS (6) months of imprisonment or imprisonment.

If the carrier of the weapons referred to in the preceding two paragraphs, is an authorized holder of the weapon concerned, the corresponding criminal scale shall be reduced by one third of the minimum and maximum.

The same reduction provided for in the preceding paragraph may be practised when, due to the circumstances of the fact and the personal conditions of the author, the lack of intention to use the arms covered for illicit purposes is evident.

In the two preceding cases, special disqualification will also be imposed for the double time of conviction.

Any person who registers a criminal record for a malicious offence against persons or with the use of weapons, or is enjoying an excarcelation or exemption from previous imprisonment and carries a firearm of any calibre, shall be repressed with imprisonment from CUATRO (4) to TEN (10) years.

(3) The collection of firearms, parts or ammunition from them, or the possession of instruments to produce them, without due authorization, shall be repressed with imprisonment or imprisonment from CUATRO (4) to TEN (10) years.

Anyone who makes the illegal manufacture of firearms a regular activity will be repressed with imprisonment or imprisonment from CINCO (5) to TEN (10) years.

(4) It will be repressed with imprisonment of UN (1) year to SEIS (6) years to deliver a firearm, for any title, to whom it does not prove its status as a legitimate user.

The penalty will be three (3) years and SEIS (6) months at TEN (10) years in prison if the weapon was delivered to a minor of DIECIOCHO (18) years.

If the author makes the illegal provision of firearms a regular activity, the penalty shall be from CUATRO (4) to QUINCE (15) years of imprisonment or imprisonment.

If the culprit of any of the conducts contemplated in the previous three paragraphs has authorization for the sale of firearms, he will also be subject to absolute and perpetual special disqualification, and fine of EZ MIL PESOS ($ 10,000.-).

(5) It will be repressed with imprisonment of THREE (3) to OCHO (8) years and special disqualification for the double of the time of the sentence which, having the proper legal authorization to manufacture weapons, omits its number or engraving according to the current regulations, or assigns to DOS (2) or more identical weapons numbers or engravings.

In the same penalty the adultererer or suppress the number or engraving of a firearm will incur."

ARTICLE 2article 189 ter of the Criminal Code and article 42 bis of the National Law on Arms and Explosives No. 20,429, and its modifications. ARTICLE 3o , Replace article 33, paragraph 1 (e), of the Criminal Procedure Code, with the following:

"(e) offences under articles 142 bis, 149 ter, 170, 189 bis (1), (3) and (5), 212 and 213 bis of the Criminal Code. "

ARTICLE 4o El The national executive branch shall, starting with the promulgation of this law, have appropriate measures to facilitate the free and simple registration of firearms of civil use or conditioned civil use, by the end of SEIS (6) months. In the same vein, all the territory of the Nation shall be arbitrated, with the consortium of the highest judicial authority designated in each jurisdiction, the means for the reception of part of the population, the voluntary surrender of any firearms that its owner or holder decides to carry out.

The first paragraph of point 2 of article 189 bis shall enter into force from the time limit set forth in this article.

ARTICLE 5o Las Firearms abducted on the basis of the commission of any of the offences established by the Criminal Code shall be destroyed in public action, with the infringement of the maximum judicial authority of each district and according to the procedure established by the regulation of the present. ARTICLE 6or . Contact the national executive branch.

IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, TO CATORCE DIAS DEL MES DE APRIL DEL YEAR DOS MIL CUATRO.

EDUARDO O. CHANGE. A.GUINLE. . Eduardo D. Rollano. . Juan H. Estrada.