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Penal Code Of The Nation Modification - Full Text Of The Norm

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

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image inicio sitio infoleg MInisterio de Justicia y Derechos Humanos
CODIGO PROCESSAL PENAL DE LA NATION Law 25.852 Modification. Sanctioned: December 4, 2003. Promulgated: January 6, 2004.

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

ARTICLE 1 O Incorporate into Book II, Title III, Chapter IV of the Criminal Procedure Code, Article 250 bis, which shall read as follows:

In the case of victims of offences under the Criminal Code, Book II, Title I, Chapter II, and Title III, which, at the time of their request, have not reached the age of 16, shall be followed by the following procedure:

(a) Children referred to shall be interviewed only by a specialist psychologist in children and/or adolescents appointed by the court ordering the measure, in no case being directly interrogated by the court or the parties;

(b) The act will be carried out in a cabinet with the attachments appropriate to the age and evolutionary stage of the minor;

(c) The acting professional shall, within the time period provided by the court, submit a detailed report with the conclusions to which they appear;

(d) At the request of the party or if the court ordered it on its own, the alternatives of the event can be followed from the outside of the enclosure through mirrored glass, microphone, video equipment or any other technical means available. In this case, prior to the initiation of the act, the court shall inform the professional in charge of the interview of the concerns proposed by the parties, as well as those arising during the course of the act, which shall be channelled taking into account the characteristics of the act and the emotional state of the minor.

In the case of acts of recognition of places and/or things, the minor shall be accompanied by the professional appointed by the court in no case being able to present the accused.

ARTICLE 2 Incorporate into Book II, Title III, Chapter IV of the Code of Criminal Procedure, Article 250 ter, which shall read as follows:

In the case of victims provided for in article 250 bis, which at the time of their attendance have reached the age of 16 and have not reached the age of 18 years, the court prior to the receipt of the testimony shall require a report of specialist on the existence of a risk for the psychophysical health of the minor in the event of his or her appearance. If so, it shall proceed in accordance with article 250 bis.

Article 3 Contact the Executive.



EDUARDO O. CHANGE. . DANIEL O. SCIOLI. . Eduardo D. Rollano. . Juan Estrada.