Key Benefits:
The Senate and Chamber of Deputies of the Argentine Nation assembled in Congress, etc. sanction with force of Law:
ARTICLE 1 Default of the Code of Military Justice (Acts 14,029 and its amendments) and all the rules, resolutions and provisions of an internal nature that regulate it. ARTICLE 2 The amendments to the Criminal Code and the Criminal Procedure Code of the Nation, which, as annex I, constitute the present law, should be adopted. Article 3 Approve the Military Criminal Procedure for War Time and Other Armed Conflicts, which, as annex II, integrates this law. ARTICLE 4 Appropriate the Instructions for Civil Population in Time of War and Other Armed Conflicts, which, as annex III, form part of this law. ARTICLE 5o Approve the Code of Disciplinary of the Armed Forces, which, as annex IV, integrates this law. ARTICLE 6 Approve the organization of the Joint Armed Forces Justice Service, which, as annex V, integrates this Act. ARTICLE 7 This law will begin to govern SEIS (6) months of its promulgation. During that period, an outreach and training programme on its content and application will be carried out in the relevant areas. ARTICLE 8 Please note that during the period of SEIS (6) months, a commission will be formed within the Ministry of Defence, in order to develop the relevant regulatory project in accordance with the specificities of each force. Article 9 Default articles 95 and 96 of Act 19.101. ARTICLE 10. . Transitional provisions. First: The provisions of this Act shall apply to National Gendarmerie until a new legal order is issued for such security force. Second: The provisions of this Act shall apply to all proceedings before the Federal Criminal Court. ARTICLE 11. . Contact the executive branch.IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, TO THE SEIS DAYS OF THE MONTH OF AUGUST OF THE YEAR DOS MIL OCHO.
JULY C. C. COBOS. EDUARDO FELLNER. . Enrique Hidalgo. . Juan J. Canals.
Annex I
MODIFICATIONS TO CRIMINAL CODIGO AND PENAL PROCESSAL CODIGO
NATION
ARTICLE 1. Insert the following text as article 77, paragraph 4, of the Criminal Code:
By the military term, any person who is a military state at the time of the act is appointed under the organic law for military personnel. Civil civil civil servants who are members of the chain of command are assimilated to military personnel in relation to offences committed in their character, when they produce acts or impart orders or instructions as members of the chain of command if they involve commission of or participation in the commission.
ARTICLE 2. Insert the following text as article 80, paragraph 10 of the Criminal Code:
His military superior in front of the enemy or troop formed with weapons.
ARTICLE 3o.- Replace article 142 bis, paragraph 5, of the Criminal Code with the following:
When the agent is a public official or employee or belongs to or belongs to the time of commission of the act to an armed force, security or intelligence agency of the State.
ARTICLE 4o.- Incorporate as article 209 bis of the Criminal Code the following:
In the same penalty, a person who in time of armed conflict publicly incites the subtraction of military service legally imposed or assumed. If the perpetrator was a military, the maximum penalty would be 10 years.
ARTICLE 5o.- Incorporate as article 215 (3) of the Criminal Code the following:
3. If it belongs to the armed forces.
ARTICLE 6o.- Insert the following text as the last paragraph of article 219 of the Criminal Code:
When the preceding acts were committed by a military officer, the minimum penalties provided for in this article shall be three (3) and ten (10) years respectively. Likewise, the maximum penalties provided for in this article shall be raised respectively to ten (10) and twenty (20) years.
ARTICLE 7o.- Replace article 220 of the Criminal Code with the following text:
Six (6) months to two (2) years ' imprisonment shall be imposed, in violation of treaties concluded with foreign nations, truce and armistice agreed between the Republic and an enemy power or between its belligerent forces or duly issued safe conducts.
If the act was committed by a military, the minimum penalty would be increased to one (1) year and the maximum penalty would be raised to five (5) years.
ARTICLE 8o. Amend the first paragraph of article 222 of the Criminal Code to read:
He will be repressed with imprisonment or imprisonment from one (1) to six (6) years, revealing political, industrial, technological or military secrets concerning security, the defence media or the foreign relations of the Nation.
ARTICLE 9o.- Incorporate the following text as a third paragraph of article 222 of the Criminal Code:
If disclosure or acquisition is committed by a military officer, in the exercise of his duties the minimum penalty shall be raised to three (3) years and the maximum penalty shall be raised to ten (10) years.
ARTICLE 10. Incorporate as article 238 bis of the Criminal Code the following:
The military who puts hands in the superior, without harming him or causing him minor injuries, shall be punished with imprisonment of one (1) to three (3) years.
If the act takes place in front of the enemy or a troop formed with weapons, or if committed in number of six (6) or more, the maximum penalty shall be six (6) years.
ARTICLE 11. Incorporate as article 238 ter of the Criminal Code the following:
The military who resists or disobeys an order of service legally issued by the superior, in front of the enemy or in situations of imminent danger of shipwreck, fire or other slaughter, shall be punished with imprisonment of one (1) to five (5) years. The same penalty shall be imposed if it resists a patrol that proceeds in compliance with a slogan in an area of armed conflict or operations or catastrophe. If, because of resistance or disobedience, military losses are sustained or life in the event of a catastrophe is prevented or hindered, the minimum penalty will be raised to four (4) years and the maximum penalty will be raised to twelve (12) years. In any case, penalties are imposed here provided that it is not a more severe offence.
ARTICLE 12. Incorporate as article 240 bis of the Criminal Code the following:
Any person who violates the rules of instructions to the population issued by the competent military authority in time of armed conflict for the combat zones shall be sentenced to imprisonment from one (1) to four (4) years if it is not a more severe crime.
ARTICLE 13. Incorporate as article 241 bis of the Criminal Code the following:
Three (3) to ten (10) years ' imprisonment shall be imposed on the military:
1. Tumultuously peticionaren or ascribe the representation of an armed force.
2. Take weapons or use them, ships or aircraft or remove armed forces from their natural seats, against the orders of their superiors.
3. They make use of the personnel of the force, the ship or the aircraft under their command against their superiors or omit to resist or contain them, being in a position to do so.
4. One (1) to five (5) years ' imprisonment shall be punishable by conspiracy to commit the offences of this article. It will not be punished by conspiracy to denounce her in time to avoid the commission of the act.
5. If the death of one or more persons is the result of the events provided for in this article, military losses are sustained or life in the event of a catastrophe is prevented or hindered, the maximum penalty will be raised to twenty-five (25) years. In any case, penalties are imposed here provided that it is not a more severe offence.
ARTICLE 14. Insert as the last paragraph of article 246 of the Criminal Code the following text:
The military who exercises or retains a command without authorization shall be punished with imprisonment of one (1) to four (4) years and, in time of armed conflict of two (2) to six (6) years, provided that it is not a more severe crime.
ARTICLE 15. Incorporate as article 249 bis of the Criminal Code the following:
The military, who in his or her functions and prevalent of his or her authority, arbitrarily harms or ill-treats in any way a lesser, shall be punished with imprisonment of six (6) months to two (2) years, if it is not a more severe crime.
ARTICLE 16. Incorporate as article 250 bis of the Criminal Code the following:
He shall be sentenced to imprisonment from four (4) to ten (10) years, provided that it is not another offence more severely punished, the military than in time of armed conflict:
1. Abandon its functions of control, surveillance, communications or the attention of the instruments in its charge for such purposes, neglect or incapacitate them for compliance.
2. Observe any significant data for the defence and do not inform or take the action of the case.
ARTICLE 17. Incorporate as second paragraph of article 252 of the Criminal Code the following:
The military who abandons his service, destiny or deserts in time of armed conflict or zone of catastrophe, shall be sentenced to imprisonment from one (1) to six (6) years. If the death of one or more persons is the result of their conduct, military losses are sustained or life in the event of a catastrophe is prevented or hindered, the maximum penalty is 12 years. In any case, penalties are imposed here provided that it is not a more serious offence.
ARTICLE 18. Incorporate as article 253 bis of the Criminal Code the following:
The military who without order or necessity undertakes a military operation, or in his functions will use weapons without the formalities and requirements of the case, subject the civilian population to arbitrary restrictions or order or exercise any kind of unnecessary violence against any person, shall be punished with imprisonment from one (1) to four (4) years if it is not a more severe crime.
ARTICLE 19. Incorporate as article 253 ter of the Criminal Code the following:
Two (2) to eight (8) years ' imprisonment shall be punishable by a military person who, by imprudence or negligence, is in military art or inobservance of the regulations or duties of his or her office, in the course of armed conflict or of assistance or salvation in a situation of catastrophe, causes or does not prevent the death of one or more persons or military losses, if it is not a more severe offence.
ARTICLE 20. Replace the first paragraph of article 18 of the Criminal Procedure Code with the following text:
The criminal jurisdiction is exercised by judges and tribunals that the National Constitution and the law institute, and shall be extended to all offences committed in their territory, or on the high seas on board national vessels, when they arrive at a port of the Capital, or on board aircraft in the airspace and the offences committed abroad when their effects occur in our country or are executed by agents or employees of Argentine authorities. It is improbable and extends to the knowledge of the contraventions committed in the same jurisdiction.
ARTICLE 21. Replace the first paragraph of article 19 of the Criminal Procedure Code with the following text:
If a person is charged with an offence of national jurisdiction and one of federal jurisdiction, he or she shall be tried first in federal jurisdiction. Similarly, related offences shall be committed.
ARTICLE 22. Replace the text of article 23 of the Criminal Procedure Code with the following text:
The House of Cassation judges the resources of unconstitutionality, cassation and revision.
ARTICLE 23. Replace article 51 of the Criminal Procedure Code with the following text:
Issues of jurisdiction between national, federal, or provincial courts shall be resolved in accordance with the above provisions for competition.
ARTICLE 24. Incorporate as article 184 bis of the Criminal Procedure Code the following text:
In the case of offences committed by persons who have military status and within military establishments or under military control, the military superior authority shall notify the competent judicial authority and shall have the powers and obligations set out in subparagraphs 2, 3, 4o, 8o and 9o of the preceding article until the competent judicial authority is present at the site.
ARTICLE 25. Incorporate as chapter II bis of Book II, Title I of the Criminal Procedure Code of the Nation the following text:
Chapter II bis: acts of the armed forces in time of armed conflict and combat zone.
Article 187 bis: the military authority in combat zone may arrest the offender of article 240 bis of the Criminal Code as caught in flogging or the evidence indicates as the perpetrator or participant of the offence, and shall immediately refer him to the competent federal judge.
If the transfer was not possible or not in safety conditions prior to the five (5) days after the arrest, the commander of the zone shall summon a judge at the same time and make it available to him.
To this end, the commander shall prefer a federal or national judge and, in the absence of such judges, a provincial legal judge. He will also prefer a judge with some jurisdiction in the area, but if he does not find it, it will suffice him to be in the same even if it is circumstantial.
ARTICLE 26. Replace the first paragraph of article 250 of the Criminal Procedure Code with the following text:
The President and Vice-President of the Nation shall not be required to appear; the governors and deputy governors of the provinces; the head and deputy head of Government of the Autonomous City of Buenos Aires, the national and provincial ministers and legislators; the members of the Judiciary of the Nation and the provinces; the diplomatic ministers and consuls generals; the superior officers of the armed forces from the rank of colonel or their equivalent, in activity; the senior governors of the Church.
Annex II
MILITAR PENAL PROCEDURES FOR WAR AND OTHER ARMED CONFLICTS
ARTICLE 1. Principle. Offences committed by military personnel in time of war or on the occasion of other armed conflicts shall be investigated and tried in accordance with the ordinary regime envisaged for the time of peace, except where difficulties arising from the conditions of war or the operations initiated are manifest and insurmountable and the delay in the trial may cause damage to operational efficiency or combat capacity.
ARTICLE 2. Time of war. The time of war, for the purposes of the application of the procedure provided for in this law, begins with the declaration of war, or when it actually exists, or with the norm that orders the mobilization for the imminent war and ends when the cessation of hostilities is ordered.
For the same purpose, it will be understood that there is armed conflict when it actually exists.
ARTICLE 3o.- Start of the procedure. Where the application of the special procedure is appropriate, the superior officer in charge of the operations or the superior officer in the area where the offence was committed shall record the existence of the exceptional reasons for the application of the rules provided for in this law and the detriment that would cause the delay. The record will be signed by two other officers or by the highest military when the signature of the officers is not possible.
ARTICLE 4o.- Continuation. Any military criminal case initiated and under way in accordance with the provisions of this Act, if the impediments to the adoption of the time-of-war procedure and other armed conflicts cease, it shall be continued by the federal judge or appropriate court, in accordance with the procedure envisaged for the time of peace, unless the debate has already begun.
ARTICLE 5o.- Applicable standard. In order to ensure the administration of military criminal justice in time of war or on the occasion of other armed conflicts, strict compliance, as far as possible, will be provided for in the Code of Criminal Procedure. Any circumstance that prevents the strict application of the rule of reference, in particular with regard to the proper exercise of rights or related to the impossibility of conducting probatory proceedings initiated by the parties, shall be recorded in writing, through the completion of the relevant record.
ARTICLE 6o.- War councils. Believe, for the purposes of the administration of criminal justice in time of war or for other armed conflicts, special war councils, which shall depend on the commander-in-chief of the armed forces, who shall determine their integration in accordance with the provisions of this law and assign their territorial competence, by decree, after the sanction of the rule that motivates the mobilization of troops.
The special war councils shall be composed of superior officers belonging to the armed forces ' s justice ladders, or belonging to the command corps, when they have a lawyer ' s degree, shall have three (3) members, performing the oldest hierarchically as president and the remaining as vowels.
The commander-in-chief of the armed forces may, in accordance with circumstances of the occasion, integrate special war councils with personnel belonging to a particular armed force or, where appropriate, tribunals common to two (2) or three (3) armed or joint integration forces.
The same rules will govern the appointment of prosecutors and legal defenders.
ARTICLE 7o.- Legal Secretariat. Each special war council shall have one (1) secretary, also belonging to the military justice corps, or the commanding body, with the title of a lawyer, without a requirement of hierarchy, appointed by the commander-in-chief of the armed forces, in the same form and opportunity as the members of those.
ARTICLE 8o. Judges of military instruction. The conduct of military criminal cases shall be the responsibility of the military investigating judges, who shall be of the hierarchy of senior officers and officers, belonging to the judicial scallops, or the law-entitled command corps, shall depend on the commander-in-chief of the armed forces and shall be appointed in the same manner and opportunity as the members of the courts and other officials.
9th Article. - Independence of criterion. The members of the military courts, the judges of military instruction, the prosecutors, the defenders, as well as the others involved, even if temporarily, in the military criminal proceedings for wartime and other armed conflicts, shall possess absolute independence of criterion and their activity shall find only limits in the National Constitution, in the Criminal Procedure Code of the Nation, in the present law and other applicable laws. They may not receive instructions from their superiors to guide the activity in the case under trial or investigation.
ARTICLE 10. Cosa judicata. The special war councils will judge in one instance. Its decision-making, acquittal or condemnation shall only acquire the character of a firm and constitute a final judgment, in cases where the prosecutor or ombudsman and the prosecutor desist, after the restoration of the circumstance of normality, in express, substantiated and written form, of the relevant remedies. The absence of hearings prevents, in any case and without any time limit, the sentence to stand. However, acquittal will remain firm in any case, if after two (2) years of formal completion of the situation of war or armed conflict, it does not propose its revision.
ARTICLE 11. Resources. Only appeals for replenishment and appeal shall be lodged with the military investigating judges. In the event of an appeal, the special war council in question will act as a lift. In the face of special war councils, only the replenishment remedy will be filed. The remaining recursive tools provided for in the Code of Criminal Procedure shall be available to the parties on the basis of the restoration of the circumstances of normalcy.
ARTICLE 12. Terms. The full terms provided for in the Criminal Procedure Code of the Nation may be abbreviated if there is conformity between the judge of military instruction and the parties, or between the president of the court and the parties, and in all cases the relevant record is to be concluded.
Annex III
INSTRUCTIONS TO THE CIVIL POPULATION FOR WAR AND OTHER ARMED CONFLICT
ARTICLE 1. On the occasion of armed conflicts, in the areas of operations and/or combat, instructions may be issued to provide the security of troops, materials and infrastructure for the success of operations and, where appropriate, to establish police in such areas.
ARTICLE 2. The instructions may be issued:
1. By the commanders in the areas of operations and combat.
2. For the maximum military hierarchy, detachments or units of any of the armed forces, when acting independently or incommunicado.
ARTICLE 3o.- The rules of instruction forcefully compel all persons in the areas of operations and/or combat as determined by the rule. Unnecessary obligations or injurious intimacy or duties of conscience shall not be imposed.
ARTICLE 4o.- The instructions will be published by the order of the day for the knowledge of military personnel, in the newspapers and in posters that will be fixed on public sites, or by any other means, for the knowledge of people without military status.
ARTICLE 5o.- The instructions govern from the date on which they are established. If the date is not set, they will be governed since its publication.
The military authority issuing the instructions must inform the superiority of the scope and motives that led to its issuance, at the first time.
ARTICLE 6o.- Any determination relating to the procedures to be adopted may not alter the provisions of the military criminal procedure for wartime and other armed conflicts.
Annex IV
DISCIPLINE CODIGO OF ARMED FORCES
PART I
General provisions. Scope and purpose of military disciplineARTICLE 1. Must. Military discipline is an exclusive service to the efficient discharge of the functions, tasks and objectives that the National Constitution, the laws issued as a result, and the orders of its commander-in-chief, are entrusted to all military personnel of the armed forces.
Any military must conform to the strict observance of the Constitution and the other laws of the Republic, as well as the full observance of military laws and regulations, respect for command orders, subordination to the hierarchical regime and compliance with all obligations arising from the military state.
ARTICLE 2. Principles. The maintenance of military discipline is governed by the following principles:
1. The person who exercises the command is responsible for fulfilling the tasks and objectives entrusted, without prejudice to the disciplinary actions he must exercise to ensure the achievement of the objectives. Sanctions to his subordinates do not exempt him from the obligation to pursue the success of his duties.
2. Disciplinary action must immediately seek to restore efficiency in service, without prejudice to its effects on the general and permanent state of subordination and obedience.
3. The sanction must be considered as a back-up tool in the maintenance of discipline and not its main tool.
4. Disciplinary action and its effects are independent of any other military, civil, criminal or administrative responsibility corresponding to the same facts.
5. The same disciplinary offence may not be punished twice, without prejudice to the immediate aggravation of the sanctions imposed by a lower one.
6. Any sanction shall be provided, with the fault committed and with the direct effects that this failure produces in the performance of the tasks.
7. Sanctions must be imposed by the person who has the command, but they may also be imposed, modified, aggravated, annulled or forgiven by the hierarchical superior, in accordance with Article 6.
8. Imprisonment of liberty more than five (5) days may only be imposed by a Disciplinary Council, unless the offender expressly accepts the direct imposition, and it is not a punishment of dismissal or an arrest exceeding thirty (30) days.
9. The exercise of disciplinary actions should not be arbitrary. In any case, the offender shall be explained the basis of the sanctions.
ARTICLE 3o.- Scope of application. They are subject to military discipline:
1. Military personnel in operation.
2. Retired military personnel when affected by the service or while their actions affect the general state of discipline or involve non-compliance with the obligations of the military state.
3. Soldiers temporarily or permanently incorporated or any other staff performing equivalent functions.
4. Students from military recruitment institutes. However, offences of an academic nature shall be punished according to the rules of procedure of each institution.
ARTICLE 4o.- Prohibitions. In the exercise of disciplinary actions it is prohibited:
1. Use disciplinary power to order or encourage tasks or actions outside military functions.
2. Sanction political, religious or moral ideas or beliefs.
3. Affect personal dignity, provoke mockery or humiliation, deliberately undermine self-esteem or weaken the spirit of body and teamwork.
4. Promote all forms of discrimination, as provided for in the respective laws.
5. Carry out campaigns of personal or group harassment or promote hatred and resentment between groups or units.
6. Debilitate the personal and group capacities that allow the efficient fulfillment of the assigned tasks.
7. Promote the discredit of the lower or weakening of the hierarchical order.
8. To omit the sanction of faults, which, while not producing an immediate effect, weaken the general state of discipline, except for express reasons of efficiency in the service.
9. The application of sanctions with excessive rigor, formalism or without any use for the performance of tasks or the state of discipline.
10. To permanently exempt a person or group from the disciplinary action of their direct superiors.
ARTICLE 5o.- Extinction of disciplinary action. The action for disciplinary offences is extinct:
1. For the course of three (3) months, in the case of minor faults.
2. For the course of one (1) year, in the case of serious faults.
3. For the course of three (3) years, in the case of very serious faults.
4. For the death of the offender.
The deadlines will begin to run from the commission of the fault or, if any, since the first news of your commission is made.
The limitation period is suspended during the disciplinary procedure and it will be interrupted if the offender escapes or performs positive actions of concealment of his fault. The time limits referred to in this rule shall be computed in correct days.
ARTICLE 6o.- Disciplinary testimony. Disciplinary authority with respect to its subordinates corresponds to whoever has the command, except the exclusive competence of the discipline councils.
The hierarchical superiors may order the application of sanctions to whoever has the command.
Where there are reasons for maintaining the general state of discipline, they may sanction directly.
These limitations do not apply to the commander-in-chief of the armed forces, the Minister of Defence, the head of the Joint Chief of Staff of the armed forces and the heads of the general states of each armed force.
Disciplinary authority in the performance of joint or combined operations with armed forces from other countries or in international missions shall be determined solely by specific agreements and, on a subsidiary basis, in accordance with this Act.
ARTICLE 7o.- Control. The hierarchical superiors shall control the merit, convenience and legality of the application of sanctions according to the mechanisms provided for in this Act.
Disciplinary penalties for serious offences shall be subject to comprehensive judicial control before federal administrative jurisdiction and in accordance with the procedures in force in such courts.
The application of sanctions for minor and serious offences shall also be subject to judicial control when the violation of the prohibitions set out in article 4 of this Act is expressly alleged.
Notwithstanding the particular case control regime, the General Audit of the armed forces shall evaluate the overall functioning of the disciplinary regime in relation to the fulfilment of its purposes. The incumbent of such a counter-institution shall submit, on an annual basis, a report containing its findings to the commander-in-chief of the armed forces and the Minister of Defence.
ARTICLE 8o. Disciplinary autonomy. Disciplinary action and punishment are independent of criminal action and punishment imposed by judges. Disciplinary penalties for offences that may also constitute an offence may be applied irrespective of the development of the criminal proceedings.
However, acquittal at criminal headquarters based on the absence of the act or the lack of participation of the accused in the case will prompt annulment of the disciplinary sanctions imposed by such acts.
PART II
Disciplinary shortcomingsCHAPTER I
Mild absences9th Article. - Mild absences. All acts or omissions that, in violation of military duties, constitute minor offences are considered to be offences that endanger the efficient discharge of the functions, tasks and objectives of the armed forces, provided that they do not constitute a more serious offence.
They are mild faults:
1. The military who does not keep in every place and circumstance a correct attitude in the use of the uniform and in his personal presentation.
2. The military who participates in games of chance or skill in military units as long as it does not constitute a mere hobby or recreation.
3. The military who performs acts of discourtesy and disrespect in dealing with another military.
4. The military who treats civilians irrespectably during the development of service activities.
5. Military personnel who are found in military units or performing their duties under the effects of stimulants or narcotics or in a state of drunkenness, provided that they do not constitute a more serious offence.
6. The military who operates trade in military units without authorization.
7. The military who performs private activities without authorization when required.
8. The military to make publications or statements by any means related to the service, without being authorized.
9. The military man who conceals himself in the anonymous to criticize another military.
10. Military who does not comply with a general order or slogan.
11. The military who does not deliberately perform or because of the tasks assigned in a general way or in his routine of service.
12. The military who is guilty of breaching a direct order.
13. The military who is late for service.
14. The military who lacks the truth in carrying out his duties.
15. The military who does not report or does not communicate certain fact when he is obliged to do so.
16. The military who does not properly retain the property of the State.
17. The military who does not keep the required diligence regarding the use and control of the armament, material or equipment.
18. The military who does not keep the required diligence on the use of the means and computer and telephone resources.
19. The military who conceals the author from a slight or serious fault.
20. The military who promotes or participates in disturbances of the order in military units.
21. The military who does not inform or give false information to the superior of any modification to his marital status or integration of his family group.
22. The military who deliberately formulates claims, petitions or demonstrations based on false assertions.
23. The military who will participate in proselytistic activities of political parties or trade unions using the uniform or its military character.
24. The military who complains unwarrantedly of the service.
CHAPTER II
Serious shortcomingsARTICLE 10. Types of serious misconduct. The following conducts shall be considered as serious misconduct:
1. The military who publicly expresses any consideration that might undermine discipline or infuse discouragement to other military personnel.
2. Military who does not take preventive or corrective measures leading to the maintenance of discipline.
3. The military to carry out demonstrations of public significance that involve a questioning of plans, directives or orders given by any level of command of the armed forces, of activities proper to the service or the performance of government officials.
4. The military that causes a false alarm or spreads alarmist news in the troop.
5. The military who does not properly retain the property of the State, causing damage to service.
6. The military who does not adequately provide the troops with the necessary elements of war and supplies.
7. The military who performs acts or manifestations that somehow discriminate against a certain group of people.
8. The military who performs acts or demonstrations that aggravate or injure another military.
9. The military who makes a requirement of a sexual nature, for himself or for a third party, under the threat of causing the victim a damage related to service or career.
10. The military who did not resolve a remedy, or who did it with undue delays.
11. A soldier who does not process a request or does so with undue delays.
12. The military in activity that sponsors or represents third parties in judicial or administrative proceedings against the national State.
13. A military person who violates the application of a disciplinary sanction or a preventive measure or facilitates its non-compliance.
14. The military who does not comply with the existing provisions concerning the preparation, instruction and training of subordinate forces or personnel.
15. The military who promotes or participates in disturbances of the order in military units when it causes damage to the service.
16. The military who deliberately or with guilt destroys, disables, damages, disappears or alienates a property owned by the State.
17. The military that conducts or pilots any aircraft, vessel or vehicle or operates technical endowment material without any license or legal authorization.
18. A military officer who unwarrantedly delays payment to staff or contracted services when he has funds.
19. The military that allows the revelation of a secret by negligence.
20. The soldier who does not occupy his post promptly in case of alarm or zafarrancho.
21. The military who conceals the author from a very serious fault.
22. The military who repeated for the third time in the same minor fault.
All similar acts or omissions, which, in violation of military duties, will also constitute serious breaches of military discipline, making it difficult for the efficient discharge of the functions, tasks and objectives of the armed forces. The minor faults provided for in the previous article may also be considered to be serious, when, due to the special circumstances of the case, they produce the serious effects contained in this article.
ARTICLE 11. Serious shortages in military operations. Serious misdemeanours, committed in military peacekeeping operations or during the participation in combined or joint exercises shall be considered:
1. The military who does not keep abroad at all times, an appropriate attitude of respect for the treatment of nationals, military, civilian, United Nations or other international bodies, as well as their symbols.
2. The military who will take part in political meetings of the country of the mission.
3. The military who does not respect the authorities, national symbols and customs of the receiving country.
4. Any conduct that means non-compliance with international agreements relating to the establishment of military peacekeeping operations or participation in combined or joint exercises.
CHAPTER III
Very serious shortcomingsARTICLE 12. Legality. Only those set forth in this law, which shall be interpreted restrictively, constitute serious faults.
ARTICLE 13. Types of serious faults. The following are very serious faults:
1. Assault. The military who assaults or causes injury or death to another military, superior or lower in the hierarchy.
2. Coercion to the superior. The military who, with physical violence or intimidation, forces a superior to execute or omit any duties or obligations of his state.
3. Agrav to the superior. The military who in the presence of other soldiers or the enemy threatens or aggravates the superior.
4. Insubordination. The military who does ostensible resistance or expressly refuses obedience to an order of service that is given to him by a superior.
5. Disobedience. The military who, without refusing obedience in an ostensible or express way, ceases to fulfill, without justified cause, an order of service, provided that it has caused damage or disruption in service.
6. Motín. Military personnel who in number more than four claim or sumultuously request the superior, ignore the command, assault or coerce other military or cause damage, or disorders that affect the performance of military tasks or functions.
7. Instigation to the riot. The military who institutes, proposes or in any way incites to provoke a riot.
8. Instigation to disobedience. The military who, in any way, proposes to another the breach of a direct order or undertakes activities aimed at weakening the state of discipline or causing discontent with the obligations of the military state.
9. Abuse of authority. A superior who abuses his or her powers of command or office forces another military officer to perform acts outside of military activity or arbitrarily prevents him from exercising a right or from fulfilling an obligation.
10. Usurpación de mando. A military officer who misuses to assume or retain command or performs functions of a superior.
11. Illegal orders. The military who orders acts contrary to the National Constitution, military laws or regulations.
12. Risk the troop. The military who, without authorization or without an obvious need, initiates or undertakes a war action or risks the physical integrity of his subordinates or endangers the operations or physical integrity of other military personnel.
13. End of service. The military who, without obvious need or express authorization, abandons the service or carrying out the mandated tasks.
14. Fate. Officers who:
(a) Three (3) continuous days are missing from the place of your destination or residence, without authorization;
(b) Do not present themselves to the superior of those who depend, forty-eight (48) hours after their temporary leave expires.
15. Desertion. The officers and soldiers commit desertion that:
(a) Lack of the unity of its destiny or place fixed by superiority as of its residence, for more than five (5) consecutive days, which shall be deemed to have passed five (5) nights, since the absence occurred;
(b) Abandon the destination or place set by the superiority for their residence, with the intention of not re-entering or returning and omit to seek the authorizations or to request their release.
16. Negligence in servicio. The military who, in time of war or during military operations, loses the military unit at his command, causes damage to the troops or equipment, restricts the performance of the mandated tasks or objectives, or fails to take the appropriate opportunity to carry out them, for not taking the necessary preventive measures, do not request the required assistance in due course, or act in negligence or unwise and grave.
17. Assistance omission. The military who in time of war or during military operations fails to provide the assistance required by another military officer and is able to perform it without prejudice for his own tasks.
18. Absence of combat will. The military who in time of war or during military operations surrenders the troops, surrenders, weakens the resistance, admits defeat or abandons the persecution by having at his disposal the means and possibilities of effectively fulfilling the mandated tasks.
19. Autoletion. The military who causes himself or herself or in any other way indisposes or simulates an illness or indisposition, in order to avoid the fulfilment of his military obligations.
20. Cowardice events. The military who, in wartime or during military operations, is without reason fleeing to the enemy or does public demonstrations of panic or cowardice, or spreads between the false troop alarms, introduces confusion or performs any other act that seriously affects the will of combat.
21. Indecent surrender. The military who, in time of war or during military operations in a capitulation, will secure for himself or for a particular group special privileges or advantages, will voluntarily deliver documentation or information that endangers other military personnel or achieves freedom in exchange for abandonment or desertion.
22. Infidelity in service. The military who reveals a reserved or secret order or any other information that may endanger other military personnel or endanger the success of the tasks entrusted to him or other military personnel.
23. Commission on an offence. A military person who, on the occasion of or on the occasion of his or her military functions, or within a military establishment or in places assigned to the performance of military tasks, commits an act that may constitute an offence under the Criminal Code or in special laws whose maximum penalty is greater than one (1) year.
24. Abuse of disciplinary power. The military who in the exercise of his disciplinary power violates the prohibitions set out in article 4 of this annex.
25. incompatible business. The military service provider, associates, directs, administers, advises, sponsors or represents natural or legal persons who are suppliers or contractors of the armed forces up to two (2) years even after he has retired.
26. Sexual harassment of the superior. The military who, prevalent of a situation of superiority, shall make a requirement of a sexual nature, for himself or for a third party, under the threat of causing the victim a damage related to service or career.
PART III
Disciplinary sanctionsCHAPTER I
Disciplinary sanctionsARTICLE 14. Unique sanctions. According to the seriousness of the offence, only one of the following disciplinary sanctions may be imposed:
1. Appreciation.
2. Simple burn.
3. Rigorous arrest.
4. Destitution.
There will be no sanctions not provided for in this code, nor will it be recorded in the margins of informal reproofs.
ARTICLE 15. Appreciation. The notice is the formal and express reprobation which, in writing, directs the superior to the subordinate, about his conduct or proceeding, of which he must be recorded in the personal legajo of the offender.
ARTICLE 16. Arrest. According to the seriousness of the offence, the arrest may be simple or rigorous and shall consist of restrictions on the freedom of the sanction between one (1) and sixty (60) days.
ARTICLE 17. Simple Arrest. The simple arrest shall entail the permanence of the suspect for the duration of his arrest in a particular home, ship or unit indicated. The sanctioned person shall participate in the activities of the unit determined by his or her chief, remaining in the places indicated for the rest of the time.
ARTICLE 18. Rigorous arrest. The rigorous arrest shall mean the placement of the offender in the designated vessel or unit. The sanctioned military shall not participate in the activities of the unit for the duration of the arrest, with relay of the command and the relevant service.
ARTICLE 19. - Destitution. Destitution consists of:
1. The definitive loss of grade.
2. The descent of the armed forces.
3. The impossibility of retraining military status but in compliance with the obligations of the military service which, as a citizen, corresponds to it.
ARTICLE 20. Compliance with sanctions. Disciplinary sanctions shall be immediately executive and shall begin to be enforced on the same day that the offender is notified of the resolution imposing him.
CHAPTER II
Identification of sanctionsARTICLE 21. Mild punishment. Mild or serious faults may be punished with notice, simple or rigorous arrest up to five (5) days.
ARTICLE 22. Serious punishment. Serious offences may be punished with simple or rigorous arrest up to sixty (60) days.
ARTICLE 23. Very serious sanctions. The most serious faults will be punished with dismissal.
However, where there are extraordinary circumstances of attenuation, the Disciplinary Council may recommend to the head of the respective General Staff that a minor penalty be applied.
ARTICLE 24. Valuation criteria. Disciplinary sanction shall be determined according to the particular mitigating or aggravating circumstances present in each case.
The action and means used to execute it, the quality of the reasons that influenced, the extent of the harm or danger caused, the previous conduct of the subject, the participation that he has had in the fault, the recidivism in which he had incurred and the circumstances of time, place, mode and occasion will be taken into account.
CHAPTER III
Agravantes GeneralARTICLE 25. Generic agravantes. The following circumstances shall be considered aggravating, in particular:
1. Commence the lack in the act of the weapons service.
2. Commence the lack of peace missions or commission abroad.
3. Commute the lack in the presence of formed troupe or public.
4. Commence foul in front of enemy troops.
5. Commence the lack in group of more than two (2) people.
6. Eating the fault in the presence of subordinates.
7. Commence the lack while performing independent leadership or command.
8. The hierarchy or charge exercised by the military who commits the fault.
9. Commence the lack using weapons unduly.
10. Commit a lack on board a ship, an aircraft or a war machine, in the guard or tank of weapons, ammunition or flammable; in the custody of a detainee or prisoner, or in circumstances of danger.
11. Commence the lack affects civilians or prisoners of war.
ARTICLE 26. It will be considered reoffending when, after receiving a disciplinary sanction, the military commits a new similar fault within six (6) months if it is mild, one (1) year if it is serious and three (3) years if it is very serious.
CHAPTER IV
General mitigatorsARTICLE 27. Generic mitigators. The following circumstances shall be considered attenuating:
1. To commit a lack motivated in feelings of high moral or social value or in a reasonable objection of conscience.
2. To submit to the authority and spontaneously confess the commission of the fault when she or her author was ignored or when her authorship was attributed to another.
3. Perform a heroic action after having committed the fault that repairs or prevents its effects.
4. To prevent or spontaneously repair the dangerous damage to the fault.
5. When the application of a disciplinary sanction is unnecessary and disproportionate because the offence committed has already caused serious physical or moral damage to the offender.
6. When the ill antiquity of the offender had prevented him from understanding the meaning of his acts.
7. When the offence is committed, it causes an insignificant impact on military discipline.
8. When the intervention in the fault committed by another is of little relevance.
CHAPTER V
Disciplinary liabilityARTICLE 28. Generic exemptions. The presence of an eximent of disciplinary responsibility shall determine that the accused military cannot be disciplined. Applicable disciplinary liability exemptions are as follows:
1. Commit a lack of insufficiency or alterations of its faculties or of finding itself in a state of unconsciousness deliberately or blamefully.
2. Commence the lack of manifestly confusing or contradictory orders.
3. To commit the violent lack by irresistible physical force or by a coercion that is not required to resist.
4. To commit the fault, acting in self-defence or state of necessity, provided that there is a proportion between the damage caused and the well-defended.
5. Where the offence is committed by a direct order of the superior, unless the order is manifestly unlawful.
PART IV
Misdemeanour ProcedureCHAPTER I
General rulesARTICLE 29. - Direct application of mild sanctions. Disciplinary penalties for minor misdemeanours and serious misdemeanours that do not involve a penalty of more than five (5) days of arrest shall be imposed by direct and immediate application by those who, as set out in this Act, exercise disciplinary authority.
Whoever castigue la falta will place on record in the Book of News of the sanction imposed, the type of violation with express mention of the cause, the place and the time of its commission, the identification of the offender, the form of compliance, the form of notification to the offender and his observations or complaints. If it concerns the disciplinary sanction of arrest, it will, at the same time, submit a written report to its hierarchical superior.
Any sanction is revised at the request of the offender, formulated in writing, before the hierarchical superior of the authority that imposed the corrective, at the end of five (5) days, from its imposition.
It may also be revised on its own until within ten (10) days of termination.
The ratification, revision, modification or cancellation of the penalty shall be final and shall be recorded in the same manner as provided for in the second paragraph of this article.
ARTICLE 30. Disciplinary information on serious sanctions. In the case of faults that may result in a serious sanction, prior to its application, who has the command or the hierarchical superior as provided for in this law, shall make disciplinary information in which it contains all the necessary circumstances for the best knowledge and judgement of the fault and recommendations on the decision to be taken. The superior will hear the offender and decide what is appropriate.
Any form of registration may be used, provided that their inalterability and safety are guaranteed.
If the case is of any complexity or the conduct of the investigations is incompatible with the development of the military tasks, who has the command or the superior officer as provided for in this law shall request his or her superior officer to appoint an investigating officer to carry out the report.
After the investigation, the investigating auditor will produce a report with the findings of the investigation and the subsequent recommendations. The investigation may not exceed sixty (60) days.
If the offender accepts the findings of the report, the person who has the command or the superior officer as provided for in this law shall apply the penalty as set out in the preceding article.
If you do not accept them, in whole or in part, the auditor will elevate the proceedings to the appropriate superior. The superior shall hear the offender and may apply the sanction directly or summon the General Council of Disciplin, depending on the severity or complexity of the fault.
Acceptance or rejection of the findings of the report by the offender should be made within a maximum of 5 days of notification.
Exceptionally, you may apply for an extension for an equal period of time, when the circumstances of the case in which the request is based justify it.
The sanction imposed by the procedure provided for in this article may be appealed to the General Disciplinary Council, whose resolution shall be final.
ARTICLE 31. Procedure for very serious offences. When it comes to serious faults, whoever has the command at the time of the commission of the fault or on the occasion of the emergence of the novelty, will report on his commission to his hierarchical superior.
The offender shall be summoned by the offender and if there are substantial suspicions of the commission of the disciplinary offence, he shall report in detail and immediately make the offender available to the higher instance with an adscribed auditor.
If necessary, it may order its apprehension until its presentation to the person exercising the leadership of unity, independent subunit, agency and other units.
The adscribed auditor shall propose in writing the dismissal of the complaint or request the appointment of an investigating auditor officer who shall investigate the case and, within a maximum period of six (6) months, shall make the relevant report requesting the dismissal of the complaint or the trial by the Disciplinary Council. If it is found that the lack is not very serious but another entity will recommend the application of the relevant procedure.
During the investigation, the right of defence of the offender shall be guaranteed, who may appoint a military adviser of his confidence. If you prefer, you can name a lawyer.
The suspended offender shall be immediately suspended from the service and by a well-founded decision of the investigating auditor, rigorous arrest may be applied in the event of serious reasons affecting the efficiency of the service or general state of discipline and provided that there are circumstances of isolation or impossibility of immediate contact to order his departure from the place in which he is located. This decision is contestable as provided for in the following article. As long as the disciplinary procedure lasts, the offender will administratively depend on the person responsible for the area of staff of the instance to which the Disciplinary Council belongs to intervene.
After the instruction has been completed and the proceedings received, the Disciplinary Council will set the day and time for an oral hearing within thirty (30) days.
The hearings will be public for military personnel. The procedure shall be governed by the following rules:
(a) The investigating auditor officer shall be summoned with intervention in the case to hold the request for the sanction at the hearing;
(b) A list consisting of audit officers on an annual basis shall be designated as a defence counsel for the offender, unless he prefers to defend himself or herself or by military personnel of his or her confidence, provided that, at the discretion of the Disciplinary Council, it does not imply undue delays. If you prefer, you may designate a lawyer. Counsel shall have a maximum period of 10 days to take notice of the proceedings;
(c) The investigating auditor will have the burden of presenting the evidence that will serve as the basis for your request. The offender shall have the power, within a reasonable time, to provide proof to his discard;
(d) At the hearing, the parties shall examine the witnesses and examine the other evidence. The proceedings of the parties shall not be carried out by the court;
(e) The development of the hearing will be simple, concentrated, without formal rigorisms, suited to the needs of speed and the opportunity of sanction, guarantee the right of defence and permit debate between the parties;
(f) The Disciplinary Council shall issue its resolution immediately after the end of the debate. A succinct record of the service in which the resolution will be delivered. Other forms of registration may also be used to ensure unalterability and security;
(g) Before the debate begins, the offender may recognize his fault and accept the penalty. In this case, the court shall verify the release of the offender ' s consent and shall decide immediately, and shall record in record the recognition and the sanction imposed.
ARTICLE 32. Review. The sanctions imposed by the disciplinary councils are appealable to the head of the general force of the force concerned, who may resolve directly or convene the Disciplinary General Council.
Absolutions are not appealable, except when the foundation of absolution will not save the good name and honor of the offender.
The appeal shall be filed within ten (10) days, in written form and indicating the evidence requested to be reviewed. The decision of the Chief of the General Staff of the Force concerned shall be final. The decision of the Disciplinary General Council of the force concerned, if any, shall be taken at an oral hearing in accordance with the provisions of the preceding article and shall be final. In both cases, the remedy will be decided within a maximum period of thirty (30) days.
ARTICLE 33. Judicial review. When the judicial review is proposed, the offender shall report the filing of the claim to the highest instance of the force personnel area concerned.
PART V
Organs of the disciplinary regimeCHAPTER I
General War CouncilARTICLE 34. - The General War Council, composed of the Minister of Defence, the head of the Joint Chief of Staff of the armed forces, and the person who happens to him in hierarchy, shall be established within the Ministry of Defence. You will have competence to:
1. The review of the disciplinary sanctions imposed by the General Council of Disciplinary on each force, when it acts as a court of first instance.
2. The review of cases that, by special provision, establish the commander-in-chief of the armed forces, because of their institutional gravity or when it is necessary to unify criteria between the various general disciplinary councils.
3. To know, in the sole instance, in cases of grave breaches whose commission was attributed to the heads of the general states of each of the forces.
4. To know, on the one hand, in cases of grave or serious offences committed by military personnel performing in the Joint Staff of the armed forces, in the General Audit of the armed forces and in the Ministry of Defence.
The secretariat of the Council shall be performed by the staff officer of the Joint Staff of the armed forces.
CHAPTER II
General Military Disciplinary CouncilsARTICLE 35. Creation. For the purposes of this Act, please believe in the highest ranks of the armed forces, general disciplinary councils.
They will be competent in the following cases:
1. The trial of grave breaches committed by senior officials, regardless of the place of their commission.
2. Judgement of grave offences committed by other officers when the commander-in-chief of the armed forces is ordered for reasons of institutional gravity.
3. The resolution of resources for the implementation of serious sanctions.
4. Judgement of serious faults in appropriate cases.
ARTICLE 36. Integration. The general disciplinary councils shall be integrated with three (3) members, acting as president who exercises the overarching status of the force in question, and as vowels, those who happen to him immediately in grade or seniority. The secretariat of the Council shall be performed by the staff officer of the corresponding general staff.
ARTICLE 37. Performance of activities. The performance, as a member of the general disciplinary councils, will not undermine the regular military functions that correspond to each of them on the basis of their degree and rank and position.
ARTICLE 38. Advice. Each General Council of Disciplinary shall be assisted by the highest technical-legal authority of the force concerned. It will advise in all cases in which any member of the General Council of Disciplinary requires it and, in an inexcusable manner, in writing and prior to the Council ' s resolution, will give an opinion on matters of a legal nature related to the procedure.
ARTICLE 39. Inability. Members of the general disciplinary councils shall be excused from the knowledge of the case or may be challenged, provided that there is a well-founded fear that they will not act impartially and, in particular, in any of the following circumstances:
1. When they were related to kinship, to the perpetrator or to the denouncing military authority, within the fourth degree of consanguinity or second degree of affinity.
2. When they have intimate or enmity friendship, it manifests with any of the persons interested in the procedure.
3. When they have intervened as witnesses or experts in the case file of which the decision is concerned, or if they have previously expressed their opinion in the case, so that they may prejudge the resolution of the matter.
CHAPTER III
Disciplinary councils
ARTICLE 40. Disciplinary councils. Believe, for the purposes set forth in this Act, in the hierarchical bodies of the structure of the armed forces of the Argentine Republic, which have an adscribed auditor officer, disciplinary councils, for the prosecution of the offences that deserve serious sanctions.
ARTICLE 41. Integration. Disciplinary councils shall be integrated with three members, acting as president who exercises the command, command, direction or agency of the instance concerned, or who at the time replaces him, and as vowels, who immediately succeed him in degree or age. The secretariat of the Council shall be carried out by the staff officer of the body concerned.
ARTICLE 42. Requirements. The members of the discipline councils will always be of greater degree or antiquity than the military to whom the commission of the disciplinary offence is endowed to be considered.
ARTICLE 43. Advice. Each Disciplinary Council shall be assisted by an officer from the professional body - legal scale of the force concerned. It will advise in all cases where any member of the Disciplinary Council requires it and, in an inexcusable manner, in writing and prior to the Council ' s resolution, will give an opinion on matters of a legal nature related to the procedure.
ARTICLE 44. Independence. Officers who serve as instructors, advocates or advisers of the discipline councils shall enjoy absolute independence of judgement and shall, to all effect, depend on the highest legal authority of the force concerned.
CHAPTER IV
Background recordsARTICLE 45. Sanctions register. It will be the responsibility of the highest level of the staff area of each unit, independent subunit, agency and other units, to carry a record, duly updated, in which the corrective taxes will be established.
It shall be recorded in it, place and date of the commission of the fault, degree, name, surname and number of institute of which or who committed it, degree, name and surname of the authority that imposed the corrective, the specific sanction imposed, as well as the entire data concerning the subsequent procedure.
ARTICLE 46. Registration of decisions. Each Disciplinary Council shall be responsible for carrying a register book, duly updated, of the cases in which it had intervened.
It shall include the degree, name, surname and number of institutes of the causator, with reference to the dates of the intervention of the council, the decisions relapsed and its substantiation, detail of the disciplinary reproach discerned, as well as the entire data concerning the subsequent procedure.
ARTICLE 47. Other lizards. The provisions of the preceding articles are without prejudice to the annotations made in the sketches of military personnel, in each case.
ARTICLE 48. Central registry. Consider, without prejudice to the provisions of the preceding articles, the single record of disciplinary status of each armed force, which shall be carried out by a superior officer and shall, directly, depend on the maximum hierarchical instance of the area of personnel, of each force.
ARTICLE 49. Report. Those who exercise the leadership of unity, independent subunit, agency and other units, as well as those who exercise the chairmanship of the discipline councils, shall, within five (5) days, be subject to the imposition of the sanction and the final resolution of each case, to the single record of disciplinary status of the force in question, the data provided for in article 46 of this Act.
Annex V
CREATION OF THE SERVICE OF JUSTICE CONJECT OF ARMED FORCES
ARTICLE 1. Trust the Joint Justice Service of the Armed Forces.
ARTICLE 2. In the context of the Ministry of Defence, the General Audit of the armed forces, whose title shall be exercised by a superior officer of the judicial services of the armed forces, the hierarchy of general or equivalent, which shall be appointed by the President of the Nation, on the proposal of the Minister of Defence.
ARTICLE 3o.- Prior to the procedure set out in the previous article, the Ministry of Defence shall duly publish the personal data and background of the superior officer to propose for the purposes of his designation, and at the end of thirty (30) days, which will be counted from the last publication.
ARTICLE 4o.- The title of the General Audit of the armed forces shall be exercised, alternatively and rotatively, during the period of two (2) years, by officers belonging to the justice services of each of the armed forces.
ARTICLE 5o.- He shall serve the general auditor of the armed forces, the deputy general auditor, who shall belong to an armed force other than that of the armed forces, shall possess the same degree, shall perform the same period and shall be appointed in the same manner.
ARTICLE 6o.- In the event of an accidental impediment, the general auditor of the armed forces will be replaced, in the first instance, by the deputy general auditor, and in his case, by whom, acting as head of the department of the General Audit of the armed forces, he or she will succeed the latter. Any impediment that does not exceed three (3) months shall be considered accidental.
ARTICLE 7o.- The General Audit of the armed forces shall be integrated, as of the validity of this law, with four departments, one by force, whose headquarters shall be exercised by senior officers of the legal services of the armed forces and the Department of Administration, whose headquarters shall be exercised by a superior officer of the force to which the general auditor of the armed forces belongs. Such a structure will be unmodified, and it may only be extended upon the proposal of the general auditor of the armed forces, which shall be in conformity with the Minister of Defence and by the dictation of the relevant decree by the President of the Nation as commander-in-chief of the armed forces. In all cases, and whatever organizational structure is established, the corresponding designations will be made by the Minister of Defence.
ARTICLE 8o. The integration of each department shall be set by the general auditor of the armed forces and informed the Ministry of Defence, within sixty (60) days of its designation, for the purposes of the relevant appointments and passes. The same procedure shall be adopted by the general auditor of the armed forces, on an annual basis prior to the last quarter, for the purpose of securing replacements to be required.
ARTICLE 9o.- In the same way as provided for in the first paragraph of the preceding article, the general auditor of the armed forces shall submit to the Ministry of Defence, for the purpose of its approval, the regulations which shall establish the functional regime of the highest level of legality. Identical temperament shall, when circumstances of its specific work, avoid the need to modify the rule of reference.
ARTICLE 10. The members of the General Audit of the armed forces will depend, to all effect, on the Ministry of Defence, as long as it lasts its performance.
ARTICLE 11. The general auditor of the armed forces shall be responsible:
1. To advise on legal matters the Ministry of Defence, the Joint Chiefs of the Armed Forces, the chiefs of the general states of the armed forces and the peacekeeping missions, personnel and contingents abroad.
2. Determine the requirements of a technical-legal nature inherent in the procedure of entry, contents of the insertion courses and specializations required throughout the career of citizens who seek to enter, and enter, the Justice Services of the armed forces.
In all cases, the requirements for the participation of the general auditor of the armed forces will be channelled by prior intervention to the Ministry of Defence.
ARTICLE 12. The intervention of the general auditor of the armed forces, in the face of requirements formulated by the Minister of Defence, by the head of the Joint Chief of Staff of the armed forces, or by any of the chiefs of the general states of the armed forces, is inexcusable, and, where appropriate, reluctance or omission, will constitute a serious fault.
ARTICLE 13. For the purpose of ensuring the attainment of its functions, the general auditor of the armed forces may, by himself or through dependent personnel, carry out inspections to any of the bodies with an armed forces auditor. It may also directly require any of these instances to issue a detailed report related to its responsibilities.
ARTICLE 14. The general auditor of the armed forces shall issue circulars which shall be known and attended by all personnel belonging to the judicial services of the armed forces, with the purpose of issuing information, of uniforming the technical-legal assistance provided by the different advisory bodies or when it considers it necessary for any other cause.
ARTICLE 15. It will be the responsibility of the general auditor of the armed forces, through the management of the department of administration, to create and keep updated the Military Library of the Argentine Republic, where duly classified, in addition to the relevant specific bibliography, the totality of the opinions issued by the highest level of legality. The library will be public and free of charge.
ARTICLE 16. In the Joint Staff of the armed forces, it shall exercise the ownership of the relevant advice and shall be the principal responsible for the technical-legal advice and the counter-lor of legality, a superior officer belonging to the service of justice, of any of the armed forces, appointed by the Minister of Defence.
The legal advice of the Joint Staff of the armed forces shall be integrated in accordance with the organizational structure to be determined, in accordance with their specific needs, with the knowledge and approval of the general auditor of the armed forces.
ARTICLE 17. In each of the armed forces, a superior officer belonging to the service of justice and appointed by the head of the general state of the force concerned, shall exercise the ownership of the legal advice and shall be the principal responsible for the technical-legal advice and the counter-lor of legality.
ARTICLE 18. The legal advice of the armed force concerned shall be integrated in accordance with the organizational structure to be determined by the head of the general force of the force concerned, attentive to its specific needs. Any alteration or modification shall be made by decision of equal authority, or upon recommendation of the general auditor of the armed forces and decision of the Ministry of Defence.
ARTICLE 19. Each of the armed forces will determine the various instances in which audit officers will be highlighted in order to ensure the technical-legal advisory mission it deems necessary. Any alteration or modification shall be made by decision of equal authority, or upon recommendation of the general auditor of the armed forces and decision of the Ministry of Defence.
ARTICLE 20. Since the entry into force of the present, all members of the judicial services of the armed forces shall possess absolute independence of criterion, finding as a single limitation the directives issued through circulars, by the general auditor of the armed forces. However, any officer belonging to the justice services of the armed forces shall maintain the power to confer his personal opinion.
ARTICLE 21. Each of the armed forces shall recruit and train citizens lawyers who are incorporated into the corresponding justice service, with the only limitations that the general auditor of the armed forces may determine.
ARTICLE 22. The career plans of the auditor officers of the different armed forces must be identical in terms of the maximum .general or equivalent hierarchy, to years of career service, years by degree, and other related circumstances, in order to avoid cyclical alterations that affect the hierarchies.
ARTICLE 23. Officials belonging to the judicial services of the armed forces may not be employed in tasks other than those set out in this Act.
Proceedings and judicial management, in cases involving armed forces personnel, irrespective of their nature, can only be carried out by means of the consent of the audit officer concerned and by the intervention of the general auditor of the armed forces.
ARTICLE 24. It shall be the responsibility of the maximum hierarchical authority of each of the armed forces, the timely adaptation of internal regulations, and the issuance of new directives, in accordance with the provisions of this Act.
