Code Of Criminal Procedure - Full Text Of The Norm

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

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
image inicio sitio infoleg MInisterio de Justicia y Derechos Humanos
CODIGO PROCESSAL ENAL Law 26.549 Modification. Posted: November 18, 2009 promulgated: November 26, 2009

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

ARTICLE 1 Incorporate article 218 bis to the Code of Criminal Procedure, which shall read as follows:

Article 218 bis: Obtaining desoxirribonucleic acid (DNA). The judge may order the obtaining of desoxyribonucleic acid (DNA), the accused or another person, when necessary for identification or for the finding of circumstances of importance for the investigation. The measure must be dictated by self-founded where the reasons justifying their need, reasonableness and proportionality are expressed under the penalty of nullity.

For such purposes, minimum blood, saliva, skin, hair or other biological samples shall be admissible, in accordance with the rules of medical knowledge, when there is no harm to the physical integrity of the person on which the measure should be performed, according to the common experience and the opinion of the expert in charge of the intervention.

The same will be practiced in the least harmful way for the person and without affecting his or her might, especially considering his or her gender and other particular circumstances. The use of coercive powers over the person affected by the measure may in no case exceed the strictly necessary for its realization.

If the judge deems it appropriate, and whenever it is possible to achieve equal certainty with the result of the measure, he may order the obtaining of desoxyribonucleic acid (DNA) by means other than body inspection, such as the abduction of objects that contain cells already detached from the body, for which measures such as house registration or personal requisition may be ordered.

In addition, when a public offence is required to obtain desoxyribonucleic acid (DNA) from the alleged victim of the crime, the orderly measure shall be carried out in the light of this condition, in order to avoid its revictimization and safeguard the specific rights it has. To that end, if the victim objected to the implementation of the measures set out in the second paragraph, the judge would proceed as set out in the fourth paragraph.

In no case shall they govern the prohibitions of article 242 and the power to abstain from article 243.

ARTICLE 2 Contact the national executive branch.

IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, TO THE DIASS OF THE MONTH OF NOVEMBER OF THE YEAR DOS MIL NEW.

_

JOSE J. B. PAMPURO. EDUARDO A. FELLNER. . Enrique Hidalgo. . Juan H. Estrada.