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Narcotics Law Nro. 23.737 - Modification - Full Text Of The Norm

Original Language Title: ESTUPEFACIENTES LEY NRO. 23.737 - MODIFICACION - Texto completo de la norma

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image inicio sitio infoleg MInisterio de Justicia y Derechos Humanos
Act No. 26,052 Amend Act No. 23,737. Sanctioned: July 27, 2005 Cast: August 30, 2005

The Senate and Chamber of Deputies

of the Argentine Nation gathered in Congress,



ARTICLE 1 Incorporate as the last paragraph of Article 5 of Law 23.737 the following:

"In the case of subparagraph (e) of this article, when the delivery, supply or facilitation is occasional and free of charge and due to its limited amount and other circumstances, it is unequivocally evident that it is for the personal use of the person who receives it, the penalty shall be SEIS (6) months to THRE (3) years imprisonment and, if applicable, articles 17, 18 and 21. "

ARTICLE 2 Replace article 34 of Law 23.737 with the following:

"Article 34: The offences foreseen and punished by this law shall be within the jurisdiction of the federal justice system throughout the country, except for those provinces and the Autonomous City of Buenos Aires, which, by law of accession, elect to assume their competence in the conditions and with the following scopes:

1. Article 5 (c) and (e), when trade, deliver, supply or supply fried narcotics in doses intended directly to the consumer.

2. Article 5th penultimate paragraph.

3. Article 5 Last paragraph.

4. Article 14.

5. Article 29.

6. Articles 204, 204 bis, 204 ter and 204 quater of the Criminal Code.

Article 3 Without prejudice to the provisions of the previous article, you will know federal justice when the case has subjective connection with another substance in that jurisdiction.

ARTICLE 4 In case of doubt about competition, federal justice will prevail.

ARTICLE 5o For the purposes of this Act, a system of proportional transfers, to the jurisdictions (provincial or to the Autonomous City of Buenos Aires) to accede to, and thus to require it from the budgetary provisions of the National Public Service, the Public Prosecutor ' s Office and the Judiciary of the Nation for security forces, prison service and the provision of justice in order to ensure the implementation of this Act.

ARTICLE 6 Replace article 39 of Law 23.737 with the following:

"Article 39. Unless previously resolved, the conviction shall decide definitively on confiscated property and the economic benefits referred to in article 30.

Property or proceeding from sale will be used to combat illegal trafficking in narcotic drugs, their prevention and rehabilitation of those affected by consumption.

The same fate shall be given to fines that are collected for the application of this law.

The same fate shall also be given to the confiscated property or to the sale thereof, for the offences provided for in section XII, Title I of Law 22,415, when the object of such offences is narcotics, precursors or chemicals.

In cases of federal and national jurisdiction, judges or competent authorities shall issue fines, economic benefits and confiscated property or the proceeding of their sale referred to in the preceding paragraphs, as provided by this Act.

"In the cases of provincial jurisdiction, fines, economic benefits and confiscated property or the proceeding of their sale shall be the province.

ARTICLE 7 Proceedings reached by this Act shall continue to be processed in the light of the fact that they are being substantiated.

ARTICLE 8 Contact the Executive.



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