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Federal Criminal Procedure Code Implementacion - Updated Standard

Original Language Title: CODIGO PROCESAL PENAL FEDERAL IMPLEMENTACION - Texto actualizado de la norma

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FEDERAL PENAL PROCESSAL

Law 27150

Implementation.

Sanctioned: June 10, 2015

Promulgated: June 17, 2015

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

Law:

IMPLEMENTATION LAW OF THE FEDERAL CRIMINAL PROCEDURE

(Denomination of the title of the law replaced by art. 65 of the Act No. 27.482 B.O. 7/1/2019)

Part I

Implementing Standards

Chapter 1

General rules

ARTICLE 1 — Progressive implementation. The Federal Criminal Procedure Code adopted by Act No. 27.063 shall be implemented progressively, in accordance with the provisions of this Act. (Denomination of the Code replaced by art. 66 of the Act No. 27.482 B.O. 7/1/2019)

ARTICLE 2
Entry into force. The Code of Federal Criminal Procedure adopted by Act No. 27,063 shall enter into force in accordance with the timetable for progressive implementation established by the BICAMERAL MONITORE COMMISSION and the IMPLEMENTATION OF THE NEW PENDERAL PROCESS CODE which operates within the framework of the HONORIZATION OF THE NATIONAL COUNCIL, after consultation with the MINISTERIO DE JUSTICE AND(Denomination of the Code replaced by art. 66 of the Act No. 27.482 B.O. 7/1/2019)

(Article replaced by art. 1 Decree No. 257/2015 B.O. 29/12/2015)

Chapter 2

Bicameral Monitoring and Implementation Commission

ARTICLE 3 — Functions. In addition to Article 7 of Law 27.063, the Bicameral Commission for Monitoring and Implementation of the new Federal Criminal Procedure Code shall have the following functions: (Denomination of the Code replaced by art. 66 of the Act No. 27.482 B.O. 7/1/2019)

(a) Establish a timetable for the progressive implementation of the new Federal Criminal Procedure Code in Federal Justice Districts;

(b) To coordinate the inter-agency activities necessary for the implementation of the new organizational structures;

(c) Designing proposals for the rehabilitation of edilicia, resources and personnel on the basis of the requirements of the process of implementation of the new Code of Criminal Procedure in Federal and National Criminal Justice, and bringing them to the competent bodies;

(d) To promote the conclusion of technical assistance conventions and cooperation with public or private, national or international entities;

(e) Ensure access to information on progress in the implementation process;

(f) To establish an advisory council composed of the national executive branch, the Council of the Magistracy, institutions of the judiciary of the Nation, the Public Prosecutor ' s Offices, associations and associations associated with the judiciary of the Nation;

(g) Establish the criterion for the allocation and distribution of the guarantees courts in respect of the judicial offices in the Autonomous City of Buenos Aires.

ARTICLE 4 - Technical Secretariat. The Bicameral Commission for Monitoring and Implementation of the New Federal Criminal Procedure Code will have a Technical Secretariat that will operate within its structure. The Technical Secretariat will be headed by a Director elected by the Commission, with the title of a lawyer or specialist in disciplines inherent in the implementation of public policies, and will have working teams that will deal with the specific issues entrusted to them. (Denomination of the Code replaced by art. 66 of the Act No. 27.482 B.O. 7/1/2019)

Part II

Designation, integration and distribution of organs

Chapter 1

Denomination and integration of Federal Justice

ARTICLE 5 — Federal Chamber of Criminal Cassation. The Federal Chamber of Criminal Cassation will retain its current integration and denomination.

ARTICLE 6
National Criminal and Correctional Appeals Chamber of the Federal Capital. The National Criminal and Correctional Appeals Chamber of the Federal Capital will retain its current integration and will be called the Federal Criminal Appeals Chamber of the Autonomous City of Buenos Aires.

ARTICLE 7 Federal Appeals Chambers with seat inside the country. The Federal Appeals Chambers with seats in the interior of the country will retain their current integration and denomination.

ARTICLE 8 — National Economic Appeals Chamber. The National Economic Criminal Appeals Chamber will retain its current integration and will be called the Federal Economic Criminal Appeals Chamber.

ARTICLE 9 — Oral courts in the Federal Criminal. The Oral Tribunals in the Federal Criminal and Correctional Courts with seat in the interior of the country and the Autonomous City of Buenos Aires, will retain their current integration, their numbering and will be called Federal Courts of Judgment.

ARTICLE 10. - Oral Tribunals in the Economic Penalty. The Oral Courts in the Economic Criminal shall retain their current integration, their number and shall be called Federal Courts of Judgment in the Economic Criminal.

ARTICLE 11. - Courts in the Federal Criminal and Correctional Sector of the Federal Capital. The Federal Criminal and Correctional Courts of the Federal Capital will retain their current integration, their numbering and will be called Federal Courts of Guarantees of the Autonomous City of Buenos Aires.

In no case will electoral competition be affected.

ARTICLE 12. - Federal courts with seat inside the country. The Federal Courts with seat in the interior of the country with multiple competences will retain their current denomination and integration.

Federal courts with exclusive criminal jurisdiction shall retain their current integration and shall be referred to as Federal Assurance Courts.

The Federal Appeals Chamber of each District will, if necessary, resolve the final numbering that will identify the federal courts covered by this article.

In no case will electoral competition be affected.

ARTICLE 13. - National Courts in Economic Penalties. The National Courts in the Economic Crime shall retain their current integration, numeration and shall be called Federal Courts of Guarantees in the Economic Criminal.

Chapter 2

Denomination and integration of National Justice

ARTICLE 14. - National House of Criminal and Correctional Court of the Federal Capital. The National Chamber of Criminal and Correctional Cassation will retain its current integration and will be called the National Chamber of Criminal Cassation.

ARTICLE 15. - National Criminal and Correctional Appeals Chamber of the Federal Capital. The National Criminal and Correctional Appeals Chamber of the Federal Capital will retain its current integration and will be called the National Criminal Appeals Chamber of the Autonomous City of Buenos Aires.

ARTICLE 16. - Oral courts in the criminal. The Oral Criminal Courts will retain their current integration, numbering and will be called National Courts of Judgment.

ARTICLE 17. - Oral Courts of Minors. The Oral Courts of Minors shall retain their current integration, numbering and shall be called National Courts of Juvenile Judgment.

ARTICLE 18. - National courts in the Criminal Investigation and National Courts in the Correctional. The National Criminal Courts of Instruction and the National Correctional Courts will retain their current integration and will be called National Guarantee Courts.

The National Criminal Instruction Courts will keep their current number as National Guarantee Courts.

National Correctional Courts No. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 and 14 shall adjust their current number and be referred to as National Guarantee Courts No. 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62 and 63, respectively.

ARTICLE 19. - Juvenile courts. Children ' s Courts will retain their current integration, numbering and will be called National Adolescent Guarantee Courts.

ARTICLE 20. - National Criminal Execution Courts. The National Criminal Execution Courts will retain their current integration, numeration and denomination.

ARTICLE 21. - National Court of Rogatory Criminals. The National Criminal Court of Rogatoria will be renamed the National Criminal Court of Rogatoria and will retain its current integration.

Chapter 3

Distribution of organs in National Justice

ARTICLE 22. - Distribution of National Guarantee Courts. The body exercising superintendent powers shall, by regulation, establish the distribution of the National Courts of Guarantees in the different constituencies and the criteria for periodic rotation in relation to the judicial offices.

Part III

Procedure of cases

ARTICLE 23. - Cases pending.The cases before the Federal and National Criminal Justice bodies, or which correspond to acts committed prior to the entry into force of the Federal Criminal Procedure Code adopted by Act No. 27,063 in each district, shall be committed and terminated before such bodies, without prejudice to the changes in the name provided for in this Act. The Supreme Court of Justice of the Nation shall ensure adequate staffing for this purpose. (Denomination of the Code replaced by art. 66 of the Act No. 27.482 B.O. 7/1/2019)

ARTICLE 24. -
Simultaneous intervention. On the basis of the entry into force of law 27.063 in each district of Federal or National Justice, judges shall intervene simultaneously in the cases referred to in the previous article and in cases governed by the rules of the new Federal Criminal Procedure Code. (Denomination of the Code replaced by art. 66 of the Act No. 27.482 B.O. 7/1/2019)

Part IV

Management offices

Chapter 1

Judicial offices

ARTICLE 25. - Creation of Judicial Offices in the Federal District of the Autonomous City of Buenos Aires. Trust seven (7) Judicial offices in the Federal District of the Autonomous City of Buenos Aires, which will be established as follows:

(a) One (1) Judicial Office before the Federal Criminal Court;

(b) One (1) Judicial Office before the Federal Criminal Appeals Chamber of the Autonomous City of Buenos Aires;

(c) One (1) Judicial Office before the Federal Economic Criminal Appeals Chamber;

(d) One (1) Judicial Office before the Federal Courts of Judgment of the Autonomous City of Buenos Aires;

(e) One (1) Judicial Office before the Federal Courts of Economic Prosecutions;

(f) One (1) Judicial Office before the Federal Courts of Guarantees of the Autonomous City of Buenos Aires;

(g) One (1) Judicial Office before the Federal Courts of Economic Criminal Guarantees.

The judicial offices of the Federal Chamber of Criminal Cassation, the Federal Criminal Appeals Chamber of the Autonomous City of Buenos Aires and the Federal Economic Criminal Appeals Chamber will depend on the plenary of each court. In the remaining cases, the Federal Criminal Court shall establish the functioning and dependence of the judicial offices.

ARTICLE 26. - Establishment of Judicial Offices in Federal Districts with seat in the provinces. Fifteen (15) Judicial Offices for Federal Districts with seat in the provinces, which shall be established as follows:

(a) One (1) Judicial Office before the Federal Appeals Chamber, the Federal Court of Justice and the Federal Court of Guarantees of the City of Paraná;

(b) One (1) Judicial Office before the Federal Appeals Chamber, the Federal Courts of Judgment and the Federal Courts of Guarantees of the City of Rosario;

(c) One (1) Judicial Office before the Federal Appeals Chamber, the Federal Court of Judgment and the Federal Court of Guarantees of the City of Posadas;

(d) One (1) Judicial Office before the Federal Appeals Chamber, the Federal Court of Judgment and the Federal Court of Guarantees of the City of Resistance;

(e) One (1) Judicial Office before the Federal Appeals Chamber, the Federal Court of Judgment and the Federal Court of Guarantees of the City of Tucumán;

(f) One (1) Judicial Office before the Federal Appeals Chamber, the Federal Courts of Judgment and the Federal Courts of Guarantees of the City of Córdoba;

(g) One (1) Judicial Office before the Federal Appeals Chamber, the Federal Courts of Judgment and the Federal Courts of Guarantees of the City of Mendoza;

(h) One (1) Judicial Office before the Federal Appeals Chamber, the Federal Court of Judgment and the Federal Court of Guarantees of the City of General Roca;

(i) One (1) Judicial Office before the Federal Appeals Chamber, the Federal Court of Judgment and the Federal Court of Guarantees of the City of Comodoro Rivadavia;

(j) One (1) Judicial Office before the Federal Appeals Chamber, the Federal Court of Judgment and the Federal Court of Guarantees of the City of Bahía Blanca;

(k) One (1) Judicial Office before the Federal Appeals Chamber, the Federal Courts of Judgment and the Federal Courts of Guarantees of the City of San Martín;

(l) One (1) Judicial Office before the Federal Appeals Chamber, the Federal Courts of Judgment and the Federal Courts of Guarantees of the City of La Plata;

(m) One (1) Judicial Office before the Federal Appeals Chamber, the Federal Court of Judgment and the Federal Court of Guarantees of the City of Mar del Plata;

(n) One (1) Judicial Office before the Federal Appeals Chamber, the Federal Court of Judgment and the Federal Court of Guarantees of the City of Corrientes;

(o) One (1) Judicial Office before the Federal Appeals Chamber, the Federal Court of Judgment and the Federal Court of Guarantees of the City of Salta.

The Judicial Offices with a seat in the provinces will depend on the plenary of the Federal Chambers of each district. Its regulations will establish the necessary subseds to ensure compliance with the functions of the Judicial Office with all the district judicial bodies.

ARTICLE 27. - Establishment of Judicial Offices in National Justice. 10 (10) Judicial offices in the District of the Autonomous City of Buenos Aires of the National Justice, which will be available as follows:

(a) One (1) Judicial Office before the National Criminal Court;

(b) One (1) Judicial Office before the National Criminal Appeals Chamber;

(c) One (1) Judicial Office before the National Courts of Judgment;

(d) One (1) Judicial Office before the National Courts of Juvenile Judgment;

(e) Four (4) Judicial Offices before the National Courts of Guarantees of the Autonomous City of Buenos Aires;

(f) One (1) Judicial Office before National Juvenile Courts;

(g) One (1) Judicial Office before National Execution Courts.

The Judicial Offices before the National Criminal Court and the National Criminal Appeals Chamber will depend on the plenary of each court.

The Judicial Offices before the National Guarantee Courts will depend on the plenary of the National Criminal Appeals Chamber.

In the remaining cases, the superintendent body shall establish the functioning and dependence of the judicial offices.

ARTICLE 28. - Run. The Judicial Offices before the National Justice bodies shall be in office before 1 June 2016.

Chapter 2

Alternative and Substitutional Measures Offices

ARTICLE 29. - Offices of Alternative and Substitute Measures. The Commission provided for in article 1 of Act 27.080 shall, under the authority of the Directorate of Criminal Enforcement Control and Assistance, establish the Offices of Alternative and Substitute Measures as necessary to fulfil the functions set out in article 190 of the new Federal Code of Criminal Procedure and to monitor the measures set out in article 177 (a), (b), (c), (d), (e), (f), (h), (i) and (j) (Denomination of the Code replaced by art. 66 of the Act No. 27.482 B.O. 7/1/2019)

ARTICLE 30. -
Run. Until the Offices of Alternative and Substitutional Measures are established and their functioning is regulated, the monitoring of such measures will continue to be carried out by the competent bodies with the assistance of the Judicial Offices.

Part V

Staff, employees and judges

ARTICLE 31. - Rights acquired. The implementation of the new Federal Code of Criminal Procedure will not affect the rights acquired by officials and employees of the Judicial Branch of the Nation, the Public Prosecutor ' s Office of the Nation and the Public Ministry of Defence of the Nation, whether effective, interim or contracted. (Denomination of the Code replaced by art. 66 of the Act No. 27.482 B.O. 7/1/2019)

ARTICLE 32. - Adequacy of functions. The Supreme Court of Justice of the Nation and the Council of the Magistracy shall implement mechanisms for the rehabilitation of the functions of the officials and employees of the courts and tribunals involved in the implementation of the new Federal Criminal Procedure Code. These officials and employees may integrate the teams of assistants of the judges or management offices provided for in this Act. In all cases your professional background and specialization will be taken into account. (Denomination of the Code replaced by art. 66 of the Act No. 27.482 B.O. 7/1/2019)

ARTICLE 33. - Transfer to other agencies. Officials and employees of the courts and tribunals involved in the implementation of the new Federal Code of Criminal Procedure may also request their transfer to the Public Prosecutor ' s Office or the Public Ministry of Defence, in accordance with the regulations issued by these agencies. The Supreme Court of Justice of the Nation and the Council of the Judiciary shall ensure that the transfers are carried out together with the transfer of the relevant posts and budget forecasts. (Denomination of the Code replaced by art. 66 of the Act No. 27.482 B.O. 7/1/2019)

Officials and employees of the National Judiciary shall be on an equal footing with officials and employees of the Public Prosecutor ' s Office and the Public Ministry of Defence for the purpose of accessing new positions, promotion and assignment of functions. In all cases, their hierarchies, professional background and technical expertise will be respected. With regard to the personnel hired and acting, in order to consider their effectiveness, in transferring to the Public Prosecutor ' s Office and the Public Prosecutor ' s Office of Defence, the time for the benefits performed in the Judicial Branch of the Nation will be computed.

ARTICLE 34. - Integration of organs. The working teams of the courts, tribunals and appeal chambers shall be composed of at least one judicial secretary and technical, administrative, service and teacher personnel, and shall be integrated with staff of the Secretariats and Vocalías of the judicial bodies. The superintendent bodies shall elevate to the Supreme Court of Justice of the Nation and to the Council of the Magistracy a proposal for the formation of the necessary strength for each jurisdiction. In no case will the technical or administrative structures of federal courts with multiple competence be affected.

The Judicial Offices and the Offices of Alternative and Substitute Measures shall, as a matter of priority, be integrated with the voluntary transfer of officials and employees of the courts involved in the implementation of the new Federal Criminal Procedure Code. (Denomination of the Code replaced by art. 66 of the Act No. 27.482 B.O. 7/1/2019)

ARTICLE 35. - Judicial and administrative career. The Supreme Court of Justice of the Nation shall regulate the judicial career in the judges ' assistant teams and the administrative career in the management offices in accordance with the basic principles and rules governing public service. It should be based on objective evaluation of labour merits and continuing training, as a way of contributing to a better criminal justice system.

ARTICLE 36. - Positioning for the Judicial Offices. Refer to thirty-two (32) posts of Director of the Judicial Office, with rank equivalent to the Secretary-General or Director-General of the Supreme Court, and the positions of technical-administrative, service and teacher personnel detailed in Annex I.

The bodies exercising superintendence over the judicial offices shall appoint staff in the positions established in the preceding paragraph, in accordance with the procedures established in the existing laws and regulations.

ARTICLE 37. - Creation of charges for the National Chamber of Criminal Cassation. Refer to the positions of the technical, administrative, service and teaching staff detailed in Annex II, within the National Chamber of Criminal Cassation, in order to be able to comply with the provisions of this Act.

Part VI

Transitional arrangements

ARTICLE 38. - Training programmes. The Council of the Magistracy, the Public Prosecutor ' s Office and the Public Ministry of Defence shall develop training programmes for judges, prosecutors, defenders, officials and employees for the proper functioning of the new Federal Criminal Procedure Code. (Denomination of the Code replaced by art. 66 of the Act No. 27.482 B.O. 7/1/2019)

ARTICLE 39. - Functional compensation. The positions of federal and national first-instance judges who, according to the progressive regime provided for in this law, shall be brought into the case of cases governed by the Federal Criminal Procedure Code approved by Act No. 27,063, shall be equalized in the rank of Chamber Judges. (Denomination of the Code replaced by art. 66 of the Act No. 27.482 B.O. 7/1/2019)

ARTICLE 40. - Distribution of cases in the National Criminal Justice. Until the effective operationalization of the judicial offices, the National Criminal Appeals Chamber shall, by regulation, establish a mechanism for the fair distribution of cases formalized by the Public Prosecutor ' s Office, or where the intervention of a judge is requested. The administrative structures of the courts shall temporarily carry out the tasks assigned to those offices.

ARTICLE 41. - Financing. Expenditures for compliance with this Act in respect of the implementation and operation of the Federal Code of Criminal Procedure adopted by Act No. 27,063, shall be included in the Budget for Expenditures and Resources of the Judiciary of the Nation in accordance with the provisions of Act No. 23,853 and the provisions of the General Procuration of the Nation and the Office of the Ombudsman. (Denomination of the Code replaced by art. 66 of the Act No. 27.482 B.O. 7/1/2019)

ARTICLE 42. - Policy adjustment. As a result of the progressive entry into force of the new Federal Criminal Procedure Code, all legal and regulatory provisions that are totally or partially opposed to the provisions of this Act or impede their compliance shall be void. (Denomination of the Code replaced by art. 66 of the Act No. 27.482 B.O. 7/1/2019)

Jurisdictional bodies should comply with the provisions and regulations governing or organizing them, without affecting the powers of the Judicial Office.

ARTICLE 43. - Substitutions. Replace Article 2 of Annex II to Law 27.063 with the following:

Article 2: Two (2) Registrar ' s charges, two (2) Administrative Prosecretary ' s charges, two (2) Writer ' s charges and one (1) Deployment Chief Rapporteur with functions of Private Secretary, for all National and Federal Trial Attorneys with criminal jurisdiction throughout the country, pursuant to Annex II.I, which is part of this Act. Replace Annex II.I of Law 27.063 with the text annexed to this paragraph.

Annex II.I

FISCAL PUBLIC MINISTERY OF NATION

Charges created from Judges, Officials and Employees of the Public Prosecutor ' s Office:

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ARTICLE 44. - Contact the national executive branch.

IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, TO THE TWENTY DAYS OF THE JUNE OF THE YEAR DOS MIL QUINCE.

— REGISTRATION BAJO N° 27150 —

LOVE BOUDOU. - JULIAN A. DOMÍNGUEZ. — Juan H. Estrada. - Lucas Chedrese.

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