IMPLEMENTATION OF THE PRIVATE CRIMINAL CRIMINAL Law 26.813 Law 24.660. Modifications. Sanctioned: November 28, 2012 Enacted: January 10, 2013 The Senate and Chamber of Deputies of the Argentine Nation assembled in Congress, etc. sanction with force of Law:
ARTICLE 1 — It is incorporated as article 56 ter of Law 24,660, the following text:
Article 56 ter: In cases of persons convicted of the offences provided for in articles 119, 2 and 3, 120, 124 and 125 of the Criminal Code, a specialized intervention shall be established and appropriate to the needs of the detainee, in order to facilitate his reintegration into the social environment, which shall be carried out by the specialized team provided for in article 185 (l) of this Act.
In all cases, at the time of regaining liberty for serving sentences, the convicted person, a summary of his or her medical history and a court order will be granted for the purpose of obtaining a referral to a health centre, if necessary.
ARTICLE 2° — Amend article 17 of Act No. 24,660 to read as follows:
Article 17: For the granting of transitory exits or the incorporation into the regime of semi-freedom is required:
I. To be included in any of the following minimum execution times:
(a) Temporary imprisonment without access to article 52 of the Criminal Code: half of the sentence;
(b) Life imprisonment without access to article 52 of the Criminal Code: fifteen (15) years;
(c) Accessory to article 52 of the Criminal Code: three (3) years.
II. Do not have open cause where your detention or other pending conviction is concerned.
III. Poseer conduct exemplary or the maximum degree likely to be achieved according to the time of placement.
IV. Merecer, of the technical-criminological agency, of the correctional council of the establishment and, if appropriate, of the specialized equipment provided for in article 185 (l) of this law, favourable concept regarding its evolution and the beneficial effect that the departures or the semi-free regime may have for the personal, family and social future of the convicted person.
V. In cases of persons convicted of offences under articles 119, 2 and 3, 120 and 125 of the Criminal Code, before a decision is taken, a report of the interdisciplinary team of the enforcement court shall be required and the victim or his legal representative shall be notified if he wishes to make any demonstration.
The intern may propose expert experts in his or her office, who will be entitled to submit his or her own report.
ARTICLE 3° — Amend article 19 of Law 24,660, which shall read as follows:
Article 19: The executing judge or competent judge shall have the temporary exits and the semi-freedom regime, specifying the rules that the convicted person must observe and make modifications; when he proceeds in the event of a breach of the rules, the judge shall suspend or revoke the benefit when the offence is grave or repeated.
In cases of persons convicted of offences under articles 119, 2 and 3, 120 and 125 of the Criminal Code, the intervention provided for in article 56 ter of this Act shall continue.
In implementing the granting of transitory exits and the semi-freedom regime, an employee ' s accompaniment or the placement of an electronic control device will be required, which can only be dispensed by a judicial decision, following a report from the control bodies and the interdisciplinary team of the enforcement court.
ARTICLE 4° — Amend article 27 of Law 24,660, which shall read as follows:
Article 27: Verification and updating of the treatment referred to in article 13, subparagraph (d), shall be for the criminal technical body and shall be carried out at least every six (6) months.
In cases of persons convicted of the offences provided for in articles 119, 2 and 3, 120, 124 and 125 of the Criminal Code, the professionals of the specialized team of the establishment should produce a circumstantial report, taking into account the evolution of the internal and any other relevant circumstances.
ARTICLE 5° — Amend article 28 of Law 24,660, which shall read as follows:
Article 28: The executing judge or competent judge may grant parole to the convicted person who meets the requirements set by the Criminal Code, in the absence of informed reports from the technical-criminal body, the correctional council of the establishment and, if appropriate, the specialized equipment provided for in article 185 (l) of this Act. Such a report should contain the background of conduct, concept and criminological opinions since the beginning of the sentence.
In cases of persons convicted of offences under articles 119, 2 and 3, 120 and 125 of the Criminal Code, before a decision is taken, the judge shall take direct notice of the convicted person and hear him if he wishes to make any demonstration.
A report of the interdisciplinary team of the enforcement court will also be required and the victim or his legal representative will be notified, which will be heard if he wishes to make a demonstration.
The intern may propose expert experts in his or her office, who will be entitled to submit his or her own report.
In implementing the grant of probation, an electronic control device will be required, which can only be dispensed by a judicial decision, following a report from the control bodies and the interdisciplinary team of the enforcement court.
ARTICLE 6° — Amend article 33 of Law 24,660, which shall read as follows:
Article 33: Home detention must be provided by the enforcement or competent judge.
In article 32 (a), (b) and (c), the decision should be based on medical, psychological and social reports.
The judge, when he deems it appropriate, may provide supervision of the measure by a liberated employer or a qualified social service, if there is no such measure. In no case shall the person be in charge of police or security agencies.
In cases of persons convicted of the offences provided for in articles 119, 2 and 3, 120, 124 and 125 of the Criminal Code, a report of the specialized equipment provided for in article 185 (l) of the Act and the interdisciplinary team of the enforcement court shall be required to assess the effect of the granting of house imprisonment for the personal and family future of the detainee.
The intern may propose expert experts in his or her office, who will be entitled to submit his or her own report.
When implementing the grant of the home prison, an electronic control device will be required, which can only be dispensed by a judicial decision, following a report from the control bodies and the interdisciplinary team of the enforcement court.
ARTICLE 7° — Amend article 45 of Law 24,660, which shall read as follows:
Article 45: The executing judge or competent judge shall, in each case, determine, by substantiated decision, the plan of execution of the discontinuous or semi-detention prison, the mandatory filing hours of the convicted person, the rules of conduct that he undertakes to observe in the free life and the obligation to comply with the rules of coexistence of the institution, providing such supervision as he deems appropriate.
In cases of persons convicted of the offences provided for in articles 119, 2 and 3, 120 and 125 of the Criminal Code, in implementing the granting of discontinuous or semi-detention prison, an employee ' s accompaniment or the placement of an electronic control device shall be required, which may only be dispensed by a judicial decision, following a report by the supervisory bodies and the interdisciplinary team of the enforcement court.
The intern may propose expert experts in his or her office, who will be entitled to submit his or her own report.
ARTICLE 8° — Amend article 54 of Law 24,660, which shall read as follows:
Article 54: Assisted liberty shall allow the sentenced person without access to article 52 of the Criminal Code, advance and return to the free environment six (6) months prior to the exhaustion of the temporary sentence.
The executing judge or competent judge, at the request of the convicted person and at the time of the reports of the technical-criminological body, of the correctional council of the establishment and, if appropriate, of the specialized equipment provided for in article 185 (l) of this Act, may provide for the incorporation of the sentenced person into the assisted liberty regime.
The executing judge or competent judge may deny the incorporation of the sentenced person into this regime only exceptionally and when he considers, by a well-founded decision, that the discharge may constitute a serious risk to the convicted person or to society.
In cases of persons convicted of offences under articles 119, 2 and 3, 120 and 125 of the Criminal Code, before a decision is taken, the judge shall take direct notice of the convicted person and hear him if he wishes to make any demonstration.
A report of the interdisciplinary team of the enforcement court will also be required and the victim or his legal representative will be notified, which will be heard if he wishes to make a demonstration.
The intern may propose expert experts in his or her office, who will be entitled to submit his or her own report.
In implementing the granting of assisted freedom, an electronic control device will be required, which can only be dispensed by a judicial decision, following a report from the control bodies and the interdisciplinary team of the enforcement court.
ARTICLE 9° — Amend article 166 of Act No. 24,660 to read as follows:
Article 166: An intern shall be authorized, in the event of a serious illness or accident or death of a family member or relatives entitled to visit or correspondence, to fulfil his or her moral duties, except where serious and grounded reasons for resolving the contrary.
In cases of persons prosecuted or convicted for offences under articles 119, 2 and 3, 120, 124 and 125 of the Criminal Code, two (2) employees of the Custody, Transfers and Fixed Objectives Service of the Federal Prison Service shall be required in all cases.
ARTICLE 10. - Amend article 185 of Law 24,660, which shall read as follows:
Article 185: Establishments for the execution of custodial sentences, in accordance with their specific destiny, shall have at least the following means:
(a) Appropriate staff, in particular those who are in daily contact with inmates, who must exercise predominantly educational activities;
(b) A technical-criminological body that is part of a multidisciplinary team consisting of a psychiatrist, a psychologist and a social worker and, as far as possible, among others, an educator and a lawyer, all of them with specialization in criminology and related disciplines;
(c) Medical and dental service according to location, type of establishment and needs;
(d) Work programmes to ensure the full occupation of suitable inmates;
(e) Library and school of teaching staff with qualifications, with sections indispensable for the education of inmates who are obliged to attend to it;
(f) Capellán appointed by the State or acceded honorarily to the establishment;
(g) Correctional Council, whose members represent the essential aspects of treatment;
(h) Facilities for recreational and sports programmes;
(i) Premises and appropriate means to accommodate inmates who present acute psychiatric episodes or psychopathic tables with serious behavioural alterations;
(j) Separate and independent sections for the accommodation and treatment of drug-dependent inmates;
(k) Appropriate facilities for the various types of authorized visits;
(l) A team consisting of professionals specialized in the assistance of inmates convicted of offences under articles 119, 2 and 3, 120, 124 and 125.
ARTICLE 11. - Contact the national executive branch.
IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, THE NUMBER OF THE YEAR DOS MIL DOCE.
— REGISTRATION BAJO #26,813 —
AMADO BOUDOU — JULIAN A. DOMINGUEZ. - Gervasio Bozzano. — Juan H. Estrada.
