Public Ministry Of The Defense Of The Organic Law - Updated Text Of The Norm

Original Language Title: MINISTERIO PUBLICO DE LA DEFENSA DE LA NACION LEY ORGANICA - Texto actualizado de la norma

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image inicio sitio infoleg MInisterio de Justicia y Derechos Humanos
PUBLIC MINISTERY OF THE DEFENSA OF NATION

Law 27149

Organic Law of the Public Ministry of Defence of the Nation. Functions. Organization. Structure.

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:

ORGANIZATIONAL LAW OF THE PUBLIC MINISTERY OF THE DEFENSA OF THE NATIONAL

Part I

General principles and institutional safeguards

ARTICLE 1 — Main function. The Public Ministry of Defence is an institution for the defence and protection of human rights that guarantees access to justice and comprehensive legal assistance, in individual and collective cases, in accordance with the principles, functions and provisions set out in this Act. It promotes any measures aimed at protecting and defending the fundamental rights of persons, especially those in vulnerable situations.

ARTICLE 2 Independence and functional autonomy. The Public Ministry of Defence enjoys independence and functional autonomy, subject to instructions or directives emanating from bodies outside its structure.

ARTICLE 3 — Financial autarchy. The Public Ministry of Defence has a financial autarchy in accordance with article 120 of the National Constitution. In order to do so, it will have its own budgetary credit, which will be met from the National Treasury and with its own resources.

ARTICLE 4 Functional organization. The Public Ministry of Defence is structured hierarchically in order to fulfil its specific functions and to design and implement public defence policies and access to justice. The unit of action does not affect the autonomy and specificity of the performance of public defenders nor can it harm the assisted or defended. The general recommendations and particular indications made in the field of the Public Defence Service will aim to ensure their effective and appropriate exercise.

ARTICLE 5 — Specific principles. The members of the Public Ministry of Defence operate according to the following principles:

(a) Legal protection. In their various areas of performance, they comply with and urge the implementation of the National Constitution, international human rights instruments, laws, regulations, protocols of action and any provision for the protection and defence of the individual, in particular access to justice for those who are vulnerable or structurally discriminated against, who is subject to preferential diligence.

(b) The predominant interest of the assisted or defended. They act, in compliance with various objectives according to their functional competence, promoting accessibility to service and seeking to give priority to the specific needs of the assisted or defended.

(c) Supplementary intervention. They cease their participation when the assisted person exercises the right to designate a particular lawyer or assume his or her own defence, in cases and in the manner in which the law authorizes, except for cases of intervention by legal mandate or provision of the Public Defence Service.

(d) Reservation. They must keep a reservation of matters that come to their knowledge, taking care not to affect third parties, and in accordance with specific forecasts.

(e) Transparency and public information. They guarantee the transparency of their activity, inform by means of simple and practical language the provisions and criteria that guide their performance and the results of their management, preserving the various rights that may be at stake. Information resulting from public interest should be accessible through the official website.

(f) Gratality and intervention. The services provided by the Public Prosecution Service are free of charge for those covered by the conditions required by this Act and its regulations.

The Public Ministry of Defence establishes the objective and subjective criteria for the limitation of economic resources or vulnerability that enable the provision of the Public Defence Service beyond the cases in which its compulsory intervention is appropriate.

Judges shall have the perception of fees on the part of the Public Ministry of Defence, if applicable under this law and other regulations.

ARTICLE 6 Dissemination of rights and how to exercise them. The Public Ministry of Defence develops ongoing programmes and activities on access to law and justice and establishes mechanisms for its effective interaction with different social sectors, for which it may participate in public and private bodies involved in the defence and protection of rights, through inter-agency collaboration and networking.

ARTICLE 7 Relations with the executive branch and the legislative branch. The Public Ministry of Defence relates to the Executive Branch through the Ministry of Justice and Human Rights of the Nation.

The relationship with the Legislative Power will be carried out through a Bicameral Commission whose composition and functions will be set by the National Congress. On the occasion of the inauguration of the ordinary session of that legislative body, the Ombudsman shall transmit to the Bicameral Commission a detailed report of the actions of the bodies under his competence, which shall contain an evaluation of the work carried out in the exercise, an analysis of the efficiency and problem of the service, and concrete proposals on the modifications or improvements that it requires.

The Public Prosecutor ' s Office of Defence should be consulted in an opportunity to analyse and discuss draft laws or regulations governing its responsibility.

Part II

Structure of the Public Ministry of Defence

Chapter 1

Organs of the Public Ministry of Defence

ARTICLE 8 — Integration and functions. They include the Public Ministry of Defence:

(a) The Office of the Ombudsman, as a superior body, administers and manages the provision of the Public Defence Service, ensures its effective and adequate delivery and designs and implements its public policies. It is the headquarters of the Ombudsman General.

(b) The Office of the Public Defender is primarily responsible for representation and assistance in cases before various courts and bodies.

(c) The Advisory Council of the Public Ministry of Defence is the advisory body of the Ombudsman.

ARTICLE 9 — National Mental Health Review Body. Remission. Members of the Public Ministry of Defence. The National Mental Health Review Body, established by law 26,657 and its regulation within the Public Ministry of Defence, has the function of protecting the human rights of users of mental health services. The representatives of the Public Prosecutor ' s Office of the Defence who are members of the Office are appointed by the Ombudsman, in accordance with his specialty.

Chapter 2

Office of the Ombudsman

ARTICLE 10. - Titularity. Structure. The Office of the Ombudsman is headed by the Ombudsman and composed of judges, officials and employees according to their various functional duties.

The Office of the Ombudsman is structured as follows:

(a) One (1) Office of General and Financial Administration.

(b) General Secretariats for Superintendency and Human Resources; Training and Jurisprudence; Institutional Policy; and Coordination.

(c) One (1) Legal Counseling.

(d) One (1) Audit and Management Control.

(e) Unit of Public Defenders Tutors and Public Defenders Curators.

(f) Institutional Communication Area.

(g) Press and Dissemination Area.

(h) Computer area.

(i) Collaboration areas:

1. Body of experts, technical consultants and researchers.

2. Language interpreters.

3. Laboratory.

4. Programme to address social issues and community relations.

5. Programme for the implementation of human rights instruments.

6. Other programmes and commissions related to issues related to vulnerable sectors, particularly detainees; victims of institutional violence; children and adolescents; migrants; refugees and asylum seekers; gender; economic, social and cultural rights; cultural diversity; persons with disabilities; older adults; alternative mechanisms for conflict resolution; trafficking in persons.

7. Territorial boarding groups for disadvantaged social sectors.

8. Data banks on matters of concern. The Ombudsman may create any other body that is necessary for the fulfilment of institutional purposes.

ARTICLE 11. - Legal assistance and sponsorship for victims of criminal offences. The Office of the Ombudsman shall ensure, in accordance with the functional requirements and allocations established by the regulation, and as provided for in articles 37 bis and 37 ter of the present Act, the technical assistance and legal sponsorship of victims of crimes, if the limitation of their economic resources or vulnerability required the intervention of the Public Ministry of Defence, in response to the special gravity of the facts investigated.

(Article 33 of the Law No. 27.372 B.O. 13/7/2017)

Chapter 3

Public Defenders

ARTICLE 12. - Titularity. Structure. Each Public Defender has an incumbent who is the hierarchical superior of the officials and employees in his or her office, with the powers of superintendence and discipline that establishes the regulation.

If, under legal provisions, case management or any other situation, it is necessary to establish models of service coverage based on functional units with a centralized coordination, or it is advisable to establish working teams between various judges, officials or employees of the Public Defence, the modality to be adopted should ensure the number of partners with direct dependence on the incumbent concerned.

Chapter 4

Advisory Council of the Public Ministry of Defence

ARTICLE 13. - Formation. The Advisory Council of the Public Ministry of Defence consists of:

(a) One (1) public defender of the Office of the Ombudsman elected by the Ombudsman General.

(b) A (1) public defender of the interior of the country with rank not less than a chamber judge elected by public drawing.

(c) One (1) public defender acting in the Autonomous City of Buenos Aires with rank not less than the chamber judge elected by public drawing.

(d) One (1) public defender with rank not less than a judge of first instance elected by public drawing.

(e) One (1) guardian public defender or a curator public defender elected by public drawing.

(f) One (1) representative of a non-governmental organization with broad recognition in the areas of administration of justice and protection of rights.

(g) One (1) representative of a public bar.

The term in office is two (2) years. The regulation shall have the relevant aspects of its functioning and election of members, which must be at least two (2) times a year and on any occasion that were convened by the Ombudsman General, who chairs the Council.

ARTICLE 14. - Specific functions. The Advisory Council of the Public Ministry of Defence has the following functions:

(a) To advise the Ombudsman on the Public Defence Service and expansion needs.

(b) Propose avenues of action with respect to the general recommendations of the Ombudsman.

(c) Evacuate the consultations of the Ombudsman.

Part III

Public Defence Service

Chapter 1

Integration of the Public Ministry of Defence

ARTICLE 15. - The Public Ministry of Defence consists of:

(a) Judges:

1. Ombudsman.

2. Deputy General Defenders.

3. Official Public Defenders and Public Defenders of Minors and Incapaces before the Houses of Cassation.

4. Public Defenders of Coordination.

5. Public Defenders Officials of the Office of the Attorney General of the Nation, Public Defenders Unique in the National Criminal Law of the Autonomous City of Buenos Aires, Public Defenders Unique in the Federal Criminal Law of the Autonomous City of Buenos Aires, Public Defenders Unique in the Economic Criminal Law of the Autonomous City of Buenos Aires, Public Defenders

6. Public Defenders of Minors and Unique Instances in the National and Federal Penalties and Public Defenders of Minors and Incapaces before the Courts of Second Instance.

7. Official Public Defenders to the Federal Courts of the Autonomous City of Buenos Aires and Official Public Defenders of the interior of the country.

8. Deputy Public Defenders of the Office of the Ombudsman, Public Defenders of Minors and First Instance Incapaces, Official Public Defenders to Judges and Appeals Chambers, Official Public Defenders in Consumer Relations, Official Public Defenders to Federal Courts of Tax Prosecutions and Public Defenders of Victims.

9. Public Defenders Tutors and Public Defenders Curators.

10. Assistant Ombudsman ' s Office.

(b) Coadjuvant Public Defenders;

(c) Other staff and administrative and teaching staff.

(Article replaced by art. 34 of the Law No. 27.372 B.O. 13/7/2017)
Chapter 2

Duties and guarantees for the management of cases of public defence

ARTICLE 16. - Must be essential. The members of the Public Prosecution Service must manage their cases efficiently, on a permanent and continuous basis, by proving effective and appropriate technical defence.

For this purpose, they may request the Registers or public and private offices, without charge, testimonies, documents, reports and actions necessary for their management.

ARTICLE 17. - Autonomy and technical independence. The autonomy and technical independence of those who manage cases of the Public Defence is guaranteed. The members of the Public Ministry of Defence seek to channel the indications of the assisted or defended in the search for the solution that favors it most, acting according to their professional criteria.

They must substantiate the judicial presentations made by their assisted or defended, unless they are notoriously inappropriate, in which case they will be informed.

They cannot force their attendees or advocates to choose alternatives or procedures that depend on their will.

ARTICLE 18. - Duty of observance. If a member of the Public Prosecutor ' s Office is acting in compliance with instructions emanating from the superior, he or she may leave personal opinion safe. If it considers it contrary to the law, it shall inform the Ombudsman General of the Nation of the dissent by means of a well-founded report.

If the objected indication concerns a procedural act subject to time or does not admit delay, the person who receives it will perform it on behalf of the superior. If the objected indication is to omit an act subject to time or not to admit delay, the person who performs it shall act under his sole responsibility, without prejudice to the subsequent withdrawal of the activity performed.

Any particular indication is aimed at ensuring effective and adequate public defence.

In the case of general recommendations, it will be explained that the solution that most favors the assisted or defended must always prevail.

ARTICLE 19. - Duty of assistance or representation. Continuity. Excluding and recusaling. The assignment of a case to a member of the Public Defence Service makes it mandatory to manage it.

The obligation noted may be excepted only by resolution of superintendency authority and in accordance with regulation, in the following cases:

(a) If it is physically or mentally disabled to assume assistance or representation.

(b) If one finds himself in a situation of moral violence against one ' s representative, it must be understood as such, any conflict of interest that commits or could compromise the integrity of the defender or prevent the exercise of an effective and adequate public defence.

(c) If the person assisted or defended refuses to act for any justified cause.

ARTICLE 20. - Confidentiality. Restricted and frequent treatment. Confidentiality should be particularly protected and frequent and reserved treatment with the assisted or defended, who must be informed about the contingencies of his process in a language that is understandable to him.

The members of the Judiciary of the Nation, the Public Prosecutor ' s Office or the security forces guarantee and promote, in every place and in an effective manner, private communication between the Public Defence and its assisted or defended.

ARTICLE 21. - Stability. Judges of the Public Ministry of Defence have stability in their employment while their good conduct lasts and up to seventy-five (75) years of age.

Judges who reach the age set out in paragraph 1 are subject to the requirement of a new appointment, preceded by the same agreement. These designations are made by the term of five (5) years, and may be repeated by the same procedure.

ARTICLE 22. - Immunities. The judges of the Public Prosecution Service have the following immunities:

(a) They cannot be arrested, except in the event of being caught in flagrante delicto; in such cases, the Ombudsman and the Court of Prosecution of Magistrates of the Public Ministry of Defence shall be informed, with the summary information of the act.

(b) They are exempt from the duty to appear to testify before the courts, in which case they must respond in writing, under oath and with the relevant specifications.

(c) They cannot be disturbed in the exercise of their functions; complaints made by the members of the Public Prosecution Service in this regard shall be brought before the Ombudsman-General, who has the power to resolve them and, where appropriate, to inform the competent judicial authority and to require measures necessary to preserve the normal performance of those functions.

(d) They cannot be sentenced on costs in cases involving them.

ARTICLE 23. - Prohibitions. Without prejudice to the various impediments provided for in the respective legal regimes of the administration of justice, members of the Public Prosecution Service are particularly prohibited:

(a) To consult as legal practitioners or provide advice in cases of current or possible judicial dispute, outside of cases inherent in the exercise of their role.

(b) To exercise counsel or representation of third parties in trial, except in their own affairs or of their spouse or with whom they are in cohabitation, ascendant or descendant, or when they do so in compliance with a legal duty.

(c) Exercising trade or profit or public or private employment, without prior authorization from the Ombudsman, except the exercise of university teaching or commissions of inquiry and study, provided that the practice of the latter does not impede the performance of their work.

ARTICLE 24. - Must report. The members of the Public Prosecutor ' s Office have the duty to inform the Office of the Attorney-General of the Nation of matters which, because of their importance or complexity, require their knowledge or special assistance, eventually indicating the difficulties and proposed solutions they deem appropriate.

ARTICLE 25. - Statement. The duties and guarantees contained in this chapter do not exclude other derivatives of the National Constitution, the international instruments incorporated into our positive law, the laws of the Nation, the regulations that are determined accordingly, the rules and protocols adopted for the specific scope of compliance with the function.

Chapter 3

Designations

ARTICLE 26. - Designation of the Ombudsman. The National Ombudsman is appointed by the national executive branch with a two-thirds Senate agreement (2/3) of its members present.

ARTICLE 27. -
Appointment of Judges of the Public Ministry of Defence. The designations of the Public Defenders provided for in this Act are carried out by means of a public contest of opposition and a record of which the title of candidates that the Ombudsman shall submit to the Executive Branch who shall elect a candidate, whose appointment shall require the agreement of the simple majority of the members present in the Senate.

The designations of the Coordinating Defenders, selected among the judges of the Public Ministry of Defence, according to the provisions of this law, are prepared by a well-founded decision of the Ombudsman and in accordance with the relevant budget forecast.

ARTICLE 28. - Public opposition contest and background. The development of the Terna de Defensores Públicos is carried out through the corresponding public contest of opposition and background, based on personal merit and professional capacity. The contest of opposition and background is held in front of a Jury of Contest convened by the Ombudsman General of the Nation in accordance with the regulations issued for that purpose.

ARTICLE 29. - Period. The contest of opposition and background must be convened by the Ombudsman General within a period not exceeding sixty (60) days of the vacancy.

ARTICLE 30. - Integration of the Competition Jury. The Competition Jury shall be presided over by the National Ombudsman or by another Public Defence Magistrate in accordance with the regulations issued for that purpose. The Tribunal will also consist of three (3) judges of the Public Ministry of Defence with rank not less than a chamber judge and three (3) years old in office, and one (1) guest jurist.

If the charge to be filled out as a judge of no higher rank than a judge of first instance, a member of the Jury of Contest shall have that hierarchy, and three (3) years of seniority in office.

The judges of the Public Defence who are members of the Competition Jury must have accessed their judges ' offices through the same competitive examination procedure and will be selected as jurors through a public draw.

The guest jurists of each contest will be chosen by public drawing of a list of scholars or jurists of recognized trajectory, previously made in accordance with the regulations that are issued for this purpose.

The composition of the court will seek to ensure the functional specialty, geographical and gender diversity of those who integrate it.

ARTICLE 31. - Requirements. In order to be an Ombudsman, it is necessary to be an Argentine citizen, with the title of a lawyer of national validity, with eight (8) years of exercise, and to meet the other requirements required to be a National Senator.

In order to contest the charges set out in points 2, 3, 5, 6 and 7 of article 15 (a) of the present law, it is necessary to be an Argentine citizen, to be thirty (30) years old and to have six (6) years of effective exercise in the country of the profession of lawyer in the public or private sphere, or of compliance, equally, of functions in the Public Ministry or in the Judiciary, with at least six (6) years old in the title.

In order to contest the charges set forth in points 8 and 9 of article 15 (a) of this law, it is necessary to be an Argentine citizen, to be twenty-five (25) years old and to have four (4) years of effective exercise in the country of the profession of lawyer in the public or private sphere, or to fulfill, equally, functions in the Public Prosecutor's Office or in the Judiciary, with at least four (4) years old in the title of attorney.

In order to contest the charges set out in article 15 (a) (a) of the present law, it is necessary to be an Argentine citizen, a senior citizen and to have two (2) years of effective exercise in the country of the profession of attorney in the public or private sphere, or to perform, equally, functions in the Public Prosecutor ' s Office or in the Judiciary, with at least two (2) years old in the title of counsel.

He or she may not hold office as a judge of the Public Ministry of Defence who has been removed from office for political trial or who has been exonerated from public employment.

ARTICLE 32. - Juramento. Judges of the Public Ministry of Defence in taking possession of their posts must take an oath to discharge them well and legally, and to comply with and enforce the National Constitution, international instruments and the laws of the Nation.

The Ombudsman takes an oath to the President of the Nation. The other members do so before the Ombudsman, or to the judge or official designated by the Ombudsman for that purpose.

ARTICLE 33. - Final transfers. Judges of the Public Ministry of Defence may be transferred in a final manner, in accordance with them, to serve in a unit of the same or other territorial district that is vacant, provided that the position to be filled is of the same matter and degree as the position that it holds, which is not less than two (2) years old in the effective exercise of the office that is occupied at the time of the transfer, which is not subject to a disciplinary process and that the public record is not available.

ARTICLE 34. - Designation of Coadyuvantes Public Defenders. The Coadjuvant Public Defenders are appointed by the Office of the Ombudsman, which will dictate the regulation that will establish the requirements for the designation and exercise of the function, its rights, obligations and the corresponding remuneration.

The Coadjuvant Public Defenders act under the supervision of magistrates who hold units or the Office of the Ombudsman, as appropriate. According to the categories and speciality established by the regulation, they can intervene in the management of cases of the Public Defence according to the assignment made by the person who proposed his designation and exercises his/her counter-lor.

In cases of Coadjuvant Defenders acting as collaborators of the judges of the Public Defence, the proposal for their appointment and the Controller depends on the judge with whom they perform.

In cases of Coadjuvant Defenders who perform other duties in the field of the Public Ministry of Defence, the nomination proposal and its Controller depend on the relevant area of the Office of the Ombudsman.

Part IV

Functional performance of judges of the Public Prosecution Service

Chapter 1

Ombudsman

ARTICLE 35. - Functions and powers. The Ombudsman is the head of the Public Ministry of Defence and has the following duties and powers:

(a) Ensuring compliance with the institutional mission of the Public Ministry of Defence by urging all actions to remove obstacles in access to justice and the safeguarding of the right of defence.

(b) Promote mechanisms for collective protection of human rights, without prejudice to article 86 of the National Constitution.

(c) To exercise before the Supreme Court of Justice of the Nation the powers of the Public Ministry of Defence, which can be delegated to the Deputy General Defenders.

(d) To intervene, by itself or through a public defender of the Office of the Ombudsman, in cases where the sample or reiteration of patterns of ignorance and violation of rights and guarantees transcend the individual case, reaching institutional impact.

(e) Designing and implementing public policies for the protection of vulnerable sectors, implementing programmes and commissions that assist in better case management.

(f) To have, through general recommendations and particular indications, the members of the Public Ministry of Defence, the adoption of all measures necessary and conducive to the exercise of the functions and powers entrusted to it by the National Constitution, international instruments, laws and regulations, for the purpose of better service and the guarantee of effective and adequate public defence.

(g) To exercise the general superintendence over the members of the Public Prosecution Service and to issue the general regulations necessary for the effective delivery of the service; to establish an adequate distribution of the work and monitoring of performance, through weighted systems of allocation and follow-up of cases, as well as a system of shifts to ensure full and efficient coverage of the Public Defence Service, and to ensure the immediate countering of any involuntary detention or detention.

(h) To have the joint or alternative action of two (2) or more members of the agency, either on its own motion or at the request of any of the judges who are members of the Public Ministry of Defence, if the relevance or difficulty of the matters makes it advisable.

(i) To make the proposal for judges of the Public Prosecution Service regulated by this Act in accordance with the provisions of the Rules of Procedure.

(j) Ensuring, in any process, due assistance by the Public Defence of each of the parties with diverse or contradictory interests, and appointing as many members of the Public Prosecution Service as required by the nature of the case.

(k) To ensure, in the processes in which the rights or interests of children and adolescents are committed, or of persons connected with processes relating to the exercise of the legal capacity or the implementation of support, the separation between the functions of the complementary or principal intervention in accordance with the relevant regulations and the technical defence that, if any, may correspond to the public defender.

(l) To promote the prosecution of the members of the Public Ministry of Defence in accordance with the provisions of this law if any proceedings are found in the cases provided for in article 53 of the National Constitution and to request the prosecution of the members of the Judicial Branch of the Nation, without prejudice to the powers of each member of the Public Ministry of Defence, when any proceedings are found in the conduct provided for in the above article.

(m) To elect the legislative branch, through the Bicameral Commission, the opinion of the Public Ministry of Defence on the desirability of certain legislative reforms, and the Executive Branch, through the Ministry of Justice and Human Rights, if it were regulatory reforms.

(n) Respond to the consultations made by the President of the Nation, the Ministers of the Executive Branch, the Presidents of both Houses of the National Congress, the Supreme Court of Justice of the Nation, the President of the Council of the Magistracy of the Nation and the international bodies.

(o) Coordinate the activities of the Public Ministry of Defence and exercise its representation to the various national, provincial, municipal, international agencies and authorities of other countries.

(p) Rule the performance of the Public Defenders of Coadyuvantes in accordance with the provisions of this law, whether of members of the Public Prosecution Service or of registration lawyers, with special attention to effective service management, conflict resolution of interest and overload of work.

(q) To impose sanctions on the judges, officials and employees of the Public Prosecution Service in cases and forms established by this Act and its regulations.

(r) Organize and regulate the General Organization of the Office of the Ombudsman, establishing the missions and functions of its various areas.

(s) To have the agency ' s expenditure in accordance with the budget allocated to the Public Ministry of Defence, and may delegate this attribution to the designated official and to the appropriate amount.

(t) To convene, at least once a year, a consultation meeting to be attended by all the judges, in which the annual reports submitted pursuant to this law will be considered, and the homogenization of criteria on the action of the Public Prosecution Service will be sought, in all matters to be included in the call by the Ombudsman.

(u) Establish the headquarters and territorial scope of the units of the Public Ministry of Defence, without having to be subject to the judicial division of the country.

(v) To respond to the consultations of officials and employees of the Public Ministry of Defence and to establish agile and effective mechanisms for the care of the public.

(w) To accept, on behalf of the Public Ministry of Defence, donations or legacies of natural or legal persons, as established by the regulations.

(x) Sponsoring and assisting technically with international agencies, where appropriate, by itself or by delegation in a judge of the Public Prosecution Service, in accordance with the specific regulations governing such actions.

(y) To conclude cooperation and technical assistance agreements with national and international agencies for the institutional strengthening and ongoing training of members of the Public Ministry of Defence.

(z) To exercise the chairmanship, legal representation and executive coordination of the National Mental Health Review Body established by law 26,657, through the designation of an Executive Secretariat, in accordance with the principles, duties and powers provided for in that rule, and to designate the representatives of the Public Prosecution Service and the appropriate task force for the proper discharge of the functions assigned to the said body.

(aa) Designate a representative of the Office of the Ombudsman to integrate the National Commission for the Right to Identity (CONADI), according to the legal forecast.

(b) Ensuring the intervention of the Public Defence in cases of international restitution and visits of children and adolescents, in accordance with the requirements of international law.

(cc) To provide assistance and collaboration to the National Committee on the Prevention of Torture under Act No. 26,827 and its regulations.

Chapter 2

Public Defenders of the Office of the Ombudsman

ARTICLE 36. - Deputy General Defenders. Function. The Deputy General Defenders are responsible for:

(a) To make submissions to the Supreme Court of Justice of the Nation in cases involving the decision of the Ombudsman.

(b) Keep the Ombudsman informed of the cases in which they intervene.

(c) To act by delegation of the Ombudsman in areas related to its functional exercise.

(d) Replace the Ombudsman in the event of a licence, excuse, recusal, impediment or herd. The regulation on subrogations establishes the order of intervention; in the absence of a designation, the person who has the most seniority is involved.

(e) Conduct the annual report on the exercise of its functions.

ARTICLE 37. - Functions of the Public Defenders Officials of the Office of the Ombudsman, the Deputy Public Defenders of the Office of the Ombudsman and the Assistant Defenders of the Office of the Ombudsman. The Public Defenders Officials of the Office of the Ombudsman, the Deputy Public Defenders of the Office of the Ombudsman and the Assistant Defenders of the Office of the Ombudsman, according to their responsibilities and powers, their specialty and hierarchy, and by decision of the Ombudsman, have the following functions:

(a) Dictamine in judicial cases referred by the Supreme Court involving the Ombudsman or the Deputy General Defenders.

(b) Act in cases of institutional interest or strategic litigation.

(c) To subject other judges of the Public Prosecution Service to the management of their units.

(d) Integrate case management units and work teams according to coverage requirements.

(e) To take part in the activities of the Government of the Public Ministry of Defence, in accordance with the plans, organization charts of work and specific functional tasks that the Ombudsman may entrust to them.

(f) To carry out the annual report on the exercise of its functions.

ARTICLE 37 bis. -Without prejudice to the provisions of the preceding article, the Public Defenders Coadyuvantes collaborate with the Public Defenders of Victims in the exercise of the functions and under the conditions provided for in this Act, when this is provided by the Ombudsman General of the Nation in order to ensure an effective provision of the service.

(Article 35 of the Law No. 27.372 B.O. 13/7/2017)

Public Defenders of Victims

ARTICLE 37 ter. - Functions. The Public Defenders of Victims are the judges of the Office of the Ombudsman who, according to the jurisdictions and bodies assigned, exercise the technical assistance and legal sponsorship of the victims of crimes in criminal proceedings, in response to the special gravity of the facts investigated and provided that the limitation of economic resources or situation of vulnerability required the intervention of the Public Ministry of Defence.

(Article 36 of the Law No. 27.372 B.O. 13/7/2017)



Chapter 3

Official Public Defenders to the Chambers of Cassation

ARTICLE 38. -Functions. Official Public Defenders to the Chambers of Cassation exercise the defense of the assisted or defended in such an instance, making the right to appeal according to their interests. They call for the meeting of the Houses of Cassation in full to unify contradictory jurisprudence or to require the review of plenary jurisprudence, in accordance with the interests of their assisted or defended. They must maintain a fluid contact with the public defenders involved in other instances, in particular with the defenders of coordination, for the best management of the cases and interests of assisted and represented and to carry out the reports concerning their role that are requested by the Office of the Ombudsman.

Chapter 4

Public Defenders of Coordination

ARTICLE 39. - Designation. The Office of the Public Defenders for Coordination is appointed by a well-founded decision of the Office of the Ombudsman, a tender proposed by the Official Public Defenders of each district or functional area. To that end, the professional background and experience in defence and management should be especially considered.

They last one (1) year in the exercise of the function and can be re-elected. Removal occurs prior to the term indicated by manifest inconduct, poor performance of the assigned or non-observance function of the principles and postulates set forth in this Act and its regulatory resolutions. The Office of the Public Defenders for Coordination may waive this assignment for reasons that, in the opinion of the Ombudsman, they are considered and do not harm the service.

ARTICLE 40. - Functions. The Public Defenders of Coordination have, in the territorial and functional field assigned, the following duties and powers:

(a) Ensuring the proper provision of the Public Defence Service in its district or functional area by properly coordinating and distributing the tasks, in order to the best development of the service. To this end, they must promote and execute the necessary courses of action to ensure, on a permanent basis and in accordance with the principle of continuity, the provision of the service.

(b) Apply, in accordance with the provisions of the Office of the Ombudsman, the weighted systems of allocation and follow-up of cases and a system of shifts to ensure full and efficient coverage of the Public Defence Service, ensuring that detention at the police headquarters is countered and the intervention in criminal cases when the prosecutor, prior to the formalization of the investigation, informs the accused that he is investigating and informs him of his rights.

(c) To have, in the area of their competence, ex officio or at the request of any of the judges, the joint or alternative action of two (2) or more members of the Public Ministry of Defence, if the relevance or difficulty of the matters makes it advisable.

(d) To produce periodic reports of its management and to submit statistics on the work carried out in its territorial or functional field.

The Ombudsperson-General authorizes the Ombudsmen to continue to manage their cases in their role as official public defenders insofar as the workload, nature and conjuncture of service coverage, territorial reality and other circumstances do not prejudice the assigned functions.

The Office of the Public Defenders for Coordination, acting within the country, in addition to the mandated functions, organize technical support teams, training and institutional communication.

Chapter 5

Official Public Defenders

ARTICLE 41. - Functions. The Official Public Defenders are the judges of the Public Ministry of Defence who are responsible for handling cases before the courts assigned under each functional role and provide technical assistance or defence in the various courts and tribunals, in accordance with the requirements and in accordance with the relevant matter.

ARTICLE 42. - Duties and powers. Official Public Defenders, in the instances and jurisdictions in which they operate, have the following specific duties and powers, without prejudice to the other functions of the nature of the position:

(a) To exercise sponsorship and representation in trial as an actor or respondent, in the various jurisdictions, of those who invoke and justify limited resources to deal with the costs of the process, the situation of vulnerability or when it is absent and cited by edicts.

(b) To exercise the defence of persons accused in criminal cases where required, and to carry out the necessary investigative measures for the defence, as provided for by the National Constitution and the Criminal Procedure Code of the Nation. Assistance to those who require it should be initiated from the time they are detained at police headquarters or other security agencies and to the end of the sentence.

(c) To exercise, where appropriate, the representation of the consumer or user against conflicts in consumption relations.

(d) To seek conciliation and to provide alternative means to the judicial resolution of conflicts, as a pre-promoting process in appropriate cases, matters and jurisdictions. In their case, they present to the judges the agreements reached for their approval.

(e) To settle the means to find the defendant absent. His intervention ceases when he is informed of the existence of the process and the other cases provided for by the procedural law.

(f) To respond to the consultations made by persons with limited resources to meet the costs of the process or in situations of vulnerability and to assist them in the relevant proceedings and to respond to the criminal consultations conducted by any person requiring the assistance of a public defender.

(g) Intervene in any procedural act of which a benefit or injury may be derived for their assisted or defended. In the context of criminal proceedings, they must be present at each time when the accused is summoned.

(h) Respond to requests for reports from the Ombudsman and the Public Coordinating Ombudsman.

(i) Calling people to your office when necessary for the performance of your ministry.

(j) Carry out visits and take measures to ensure the observance of the rights and guarantees of assisted or defended persons in detention, detention or any form of deprivation of liberty.

(k) Intervene in all disciplinary proceedings in the areas of deprivation of liberty or placement.

(l) To require for the purposes of its management and beyond the functions of the support agencies of the Public Ministry of Defence, the performance of the expert bodies of the Judiciary and the collaboration of the security forces and other national, provincial, municipal and autonomous institutions of Buenos Aires.

(m) Deploy actions of territorial approach and re-lead individual and collective demands, if the characteristics of the problem or the situation of vulnerability require them, for the optimization of the service provision.

(n) Promote advocacy or assistance with special consideration of gender and cultural diversity.

(o) Promote the defence and protection of economic, social and cultural rights through judicial and extrajudicial actions, individually or collectively.

(p) To act by letter to the sponsor for administrative and judicial presentations in the event of the impossibility of assistance to the seat of the court.

(q) Exercising the representation of persons at administrative headquarters when the nature of the rights at stake requires the performance of an official public defender, in accordance with the regulations established for that purpose.

(r) To act in coordination with the Office of the Ombudsman in the representation of collective or diffuse interests.

(s) To urge the exhaustion of recursive pathways in order to promote the best legal solution for those defended or assisted.

Chapter 6

Public Defenders of Children and Children

ARTICLE 43. - Public Defenders of Children and Incapaces. Functions for the comprehensive protection of children and adolescents and persons with respect to those who have been sentenced in the context of a process concerning the exercise of legal capacity or the implementation of support and safeguards. In the case where the rights or interests of children and adolescents are committed, or of persons with respect to those who have ruled in a process relating to the exercise of the legal capacity or the implementation of support and safeguards, the Public Defenders of Minors and Incapaces, in the instances and forums in which they operate, have the following specific duties and powers, without prejudice to the other ones of the nature of the position:

(a) Intervene in processes relating to the exercise of legal capacity or the implementation of support and safeguards.

(b) To intervene in a complementary manner in any judicial matter that affects the rights, interests or property of children and adolescents, or of persons with respect to those who have been sentenced in the context of a process concerning the exercise of legal capacity or the implementation of support and safeguards.

(c) Promoting or intervening primarily when the rights or interests of their attendees are committed and there is inaction by their representatives; where the purpose of the process is to require the fulfilment of duties by their representatives or support; and where they lack representative or support and it is necessary to provide the representation or system of support and safeguards for the exercise of their legal capacity.

(d) Intervene in the extrajudicial sphere in the absence, absence or inaction of representatives, when economic, social and cultural rights are committed. In their case, they may take such urgent measures as are inherent in their functional scope and in accordance with the specific regulations on the subject.

(e) To intervene as a safeguard for the support provided by the judiciary or in other areas, where this is resolved in the area of the Public Ministry of Defence, in accordance with the specific circumstances of the case.

(f) To be a necessary party, in the criminal sphere, in any case involving a minor, perpetrator or victim of crime, in accordance with the relevant laws for their comprehensive protection. They must intervene in any procedural act of which a benefit or injury may be derived for their defenders and be present at every occasion when they are summoned.

(g) To advise their attendees and any person linked to the effective protection of their rights regarding actions leading to such ends.

(h) To act in accordance with procedural guarantees and human rights standards relating to access to justice and the best interests of children and adolescents; in particular with regard to the right to be heard, to ensure that their views are taken into account and to keep them informed of matters inherent in their intervention, depending on the degree of evolution of their powers, taking into account the progressive recognition of capacity.

(i) To act in accordance with procedural guarantees and human rights standards regarding access to justice for persons with disabilities, in particular respect for their autonomy, will and preferences, for the implementation of the necessary adjustments to ensure their participation in the procedure, and non-discrimination.

(j) Postulate a vision of defence or assistance that takes into consideration the gender perspective and cultural diversity.

(k) To engage the institutions where their attendees are located, monitoring that their rights and interests are respected and, where appropriate, to carry out the actions that are relevant.

(l) To urge the exhaustion of recursive pathways in order to promote the best legal solution for those defended or assisted.

(m) Call people to your office when necessary for the exercise of your ministry.

(n) Respond to requests for reports made by the Office of the Ombudsman.

Chapter 7

Public Defenders Tutors and Public Defenders Curators

ARTICLE 44. - Intervention of Public Defenders Tutores. The Tutor Public Defenders act to protect the rights, interests or property of a child or adolescent, without prejudice to the other cases characteristic of the nature of the position and those entrusted to them by the Ombudsman General, in the following cases:

(a) Where there is no person exercising parental responsibility.

(b) Where there is a conflict of interest between the child or adolescent and his or her representatives, or opposition of interests among various children and adolescents who own the same legal representative; with the exceptions provided by the law regarding the performance of the minor.

(c) Where the parents or guardians of the child or adolescent are unable to perform administrative acts on one or more of these assets.

(d) Until the judicial discernment of guardianship in cases of urgency.

ARTICLE 45. - The role of public defenders Tutores. In the exercise of their functions, the Public Defenders Tutores must:

(a) Adequate their actions with procedural guarantees and human rights standards regarding access to justice for children and adolescents; in particular with regard to their right to be heard, to ensure that their views are taken into account and to inform them of the procedural guarantees that they can exercise and guide them in order to enable them to do so; to keep them informed about matters inherent in guardianship, in accordance with the age and degree of maturity;

(b) Promote advocacy or assistance with special consideration of gender and cultural diversity.

(c) Proceed informally, judicially and extrajudicially in the defence of the rights and interests of their attendees, in accordance with the provisions of this Act and the relevant regulations.

(d) To apply to institutions where assisted children and adolescents are accommodated.

(e) To urge the exhaustion of recursive pathways in order to promote the best legal solution for their attendees.

(f) To convene persons in your office when necessary for the exercise of your ministry.

(g) Respond to requests for reports from the Office of the Ombudsman.

ARTICLE 46. - Public Defenders Curators. The Public Defenders Curators operate within the framework of processes relating to the exercise of legal capacity and the implementation of systems of support and safeguards for the exercise of legal capacity, where there are not sufficient assets that allow the economically responsible designation of the person involved or of whom, presumably, it should assume the costs; or in the absence of a family member or community leader that could take over such a role.

They have the following specific duties and powers, without prejudice to the other duties of the nature of their office and those entrusted to it by the Ombudsman General:

(a) To exercise technical defence in processes relating to the exercise of legal capacity or the implementation of support and safeguards systems, in order to guarantee the rights of equality and non-discrimination, the right to be heard and duly informed, to participate in the process, including through procedural adjustments that may be required, in respect of the autonomy and recognition of legal capacity on an equal basis with others. In the exercise of the function, they must take into account the will and preferences of the assisted.

(b) To exercise the representation function available in proceedings relating to the exercise of legal capacity, in relation to the acts covered by the judgement, and taking into account the will and preferences of the assisted person.

(c) To exercise the support function that is available in processes relating to the exercise of legal capacity or the implementation of support and safeguards in relation to acts covered by the judgement, and taking into account the will and preferences of the assisted person.

(d) To exercise the support function established by non-jurisdictional decisions, provided that it is available within the scope of the Public Ministry of Defence, in accordance with the specificities of each case and the levels of coverage of the service provision.

(e) To establish judicial review of judgements handed down within the framework of processes relating to the exercise of legal capacity or the implementation of support and safeguards systems, within a period not exceeding three (3) years since it was issued or in a lesser term if that were relevant.

(f) Adequate their actions to procedural guarantees and human rights standards regarding access to justice for persons with disabilities, in particular respect for their autonomy, will and preferences, the right to participate in the process, including through necessary procedural adjustments, and non-discrimination.

(g) Promote advocacy or assistance with special consideration of gender and cultural diversity.

(h) Proceed ex officio, in the judicial and extrajudicial sphere, in the defence of the rights and interests of their attendees, in accordance with the provisions of this law and the relevant regulations.

(i) To urge the exhaustion of recursive pathways in order to promote the best legal solution for their attendees.

(j) To involve the institutions where assisted persons are accommodated.

(k) Call people to your office when necessary for the exercise of your ministry.

(l) Respond to requests for reports made by the Office of the Ombudsman.

Part V

Defence of persons involuntaryly placed on mental health grounds

ARTICLE 47. - Involuntary persons for mental health reasons. The members of the Public Prosecutor ' s Office to be determined by the Ombudsman-General must exercise the technical assistance of persons involuntarily placed on mental health grounds, in accordance with the specific regulations and the nature of the function. They have the following duties and powers:

(a) Act in accordance with procedural guarantees and human rights standards relating to persons involuntarily detained on mental health grounds.

(b) To exercise the function in accordance with procedural guarantees and human rights standards relating to children and adolescents, or persons with disabilities, if appropriate.

(c) To respect, in the exercise of the defence, personal autonomy, the will, desires and preferences of the person involuntary form for reasons of mental health and to make judicial or extrajudicial presentations, inter alia, by opposing the placement, requesting the externalization, requiring improvements in conditions of detention and treatment and access to judicial proceedings at all times.

(d) In situations where the will of the person in custody cannot be understood, it should be ensured that the general conditions of detention respect the minimum guarantees required by the specific mental health legislation, as well as the advance directives that may exist.

(e) To maintain contact with the assisted person at any time, in public and private establishments where his or her internship takes place, either by himself or through members of the Public Ministry of Defence, with interviews in areas of confidentiality and privacy.

(f) To enter public and private establishments where the institutions are developed, without the need for prior authorization from the health authorities or any other authority, including access to any documentation relating to the defended person who holds the authority of the institutions.

(g) Provide information to their attendees regarding their function, personal data and the status of the process.

(h) To have the support of the interdisciplinary team necessary to provide specialized technical defence.

(i) Conduct management reports required by the Office of the Ombudsman.

Part VI

Remunerations and subrogations of members of the Public Ministry of Defence

Chapter 1

Remuneration of members of the Public Ministry of Defence

ARTICLE 48. Intangibility of remuneration. The members of the Public Ministry of Defence, by virtue of their role and the provisions of article 120 of the National Constitution, enjoy intangibility in their remuneration.

ARTICLE 49. The remuneration of members of the Public Prosecution Service is determined as follows:

(a) The position set out in article 15, paragraph 1 (a), of the present Act receives the remuneration equivalent to that of a judge of the Supreme Court of Justice of the Nation.

(b) The position set out in article 15, paragraph 2 (a), of the present Act is 20 per cent (2 per cent) higher than the remuneration of the Chamber Judges, which is computed only on the items of basic salary, supplement, remuneration agreed CSJN No. 71/93, hierarchical compensation and functional compensation.

(c) The charges set out in points 3 and 4 of article 15 (a) of this Act are paid equivalent to a cassation judge.

(d) The charges set out in points 5, 6 and 7 of article 15 (a) of this Act are paid equivalent to that of a chamber judge.

(e) The charges set out in points 8 and 9 of article 15 (a) of this Act are paid equivalent to that of a judge of first instance.

(f) The position set out in article 15 (a) (a) of the present Act receives the remuneration equivalent to that of a chamber secretary.

(g) The charges set out in article 15 (b) and (c) of the present Act receive the remuneration corresponding to the exercise of its functions, established in the laws and regulations of the Public Defence Service.

ARTICLE 50. - Equipment. The remuneration of the members of the Public Ministry of Defence cannot be lower than that of the members of the Judiciary of the Nation and of the Public Prosecutor ' s Office of the Nation, being equated in treatment, scale and hierarchy. The previous equitations extend to all property, forecast and tax effects.

Chapter 2

Regime of subrogations of judges of the Public Ministry of Defence

ARTICLE 51. - Regulation. Principles. In the event of recusal, excuse, impediment, absence, leave or leave of judges of the Public Ministry of Defence, a replacement by another judge of this Ministry shall be sought. If this is uncontested or it is necessary to avoid conflicts of interest, a Coadjuvant Public Defender will be assigned to ensure the efficient provision and coverage of the Public Defence Service.

This law and the specific regulation of the Public Defence Service establish the order of subrogations of the members of the Public Ministry of Defence, ensuring their duties and guarantees.

Part VII

Staff and employees

ARTICLE 52. - Designation. Officials, administrative and teaching staff of the Public Ministry of Defence are appointed by the Ombudsman General on the proposal of the respective Public Defenders. They perform stability in their positions and perform the functions necessary for the normal functioning and development of the service as provided by the Ombudsman General and his hierarchical superiors. All of this, in accordance with the provisions of the law and the corresponding regulations.

Any transfer of officials or employees between the Public Ministry of Defence, the Public Prosecutor ' s Office and the Judiciary of the Nation does not affect the rights acquired during their stay in one or another regime, which includes the recognition of their hierarchy, antiquity and the benefits derived from the stay in office or category and other similar ones.

ARTICLE 53. - Ladder structure. Officials and employees of the Public Ministry of Defence are integrated into three (3) groups:

(a) Legal technician.

(b) Administrative technician.

(c) Auxiliary services.

Such groupings are divided into categories that constitute the grades that can be reached by agents during their career in the field of the Public Ministry of Defence, according to the regulations that are issued for this purpose.

Part VIII

Management control systems

ARTICLE 54. - Operating rules and management control. The Ombudsman establishes general criteria and protocols for action and ensures efficient and adequate defence. It implements a specific management system for weighted and case-by-case control and allocation and seeks to continuously improve work processes.

It should assess the quality of the services provided by the Public Ministry of Defence, especially in respect of law enforcement, compliance with the timelines and general recommendations made.

Part IX

Disciplinary regime

ARTICLE 55. - Disciplinary power. In the event of non-compliance with the duties of the Ombudsman, the Ombudsman may impose the following disciplinary penalties on the judges of the Public Prosecution Service:

(a) Prevention.

(b) Warning.

(c) Fine up to twenty percent (20%) of their monthly remuneration.

Any disciplinary sanction is gradified in the light of the severity of the fault, the history of the function and the actual damages caused.

Cases for disciplinary offences are resolved by a preliminary summary, which is governed by the statutory rule issued by the Ombudsman General, which must guarantee due adjective process and the right of defence in trial.

In cases where the sanctioning body understands that the judge is liable to the removal penalty, it must raise the case to the Court of Prosecution in order to evaluate the reproachable conduct and determine the appropriate sanction.

Disciplinary sanctions applied in the area of the Public Ministry of Defence are administratively resortable in the form of regulation. Exhausted by the administrative body, such measures are subject to challenge at the judicial headquarters.

ARTICLE 56. - Disciplinary corrections in the process. Judges and courts may impose only the members of the Public Ministry of Defence the same disciplinary sanctions that determine the laws for litigants for offences committed against their authority or decorum, except for the sanction of arrest, which are appealed to the immediate superior court.

The judge or court must communicate to the superior officer of the sanctioned the measure imposed and any non-observance that it attaches to the exercise of the functions inherent in the position that he performs.

When the measure affects the Ombudsman, it will be communicated to the Senate of the Nation.

ARTICLE 57. - Removal mechanisms. The Ombudsman can only be removed by the case and by the procedure established in articles 53 and 59 of the National Constitution.

The remaining judges who make up the Public Prosecution Service can only be removed from their positions by the Court of Prosecution provided for in this Act, for the misperformance, grave negligence or for the commission of malicious crimes of any kind.

ARTICLE 58. - Court of Prosecution. The Court of Prosecution consists of seven (7) members:

(a) Three (3) members, who must comply with the constitutionally required requirements for membership of the Supreme Court of Justice of the Nation, appointed one (1) by the Executive Branch, one (1) by the Senate of the Nation and one (1) by the National Inter-university Council.

(b) Two (2) vowels, who are to be lawyers of federal registration and comply with the constitutionally required requirements for membership of the Supreme Court of Justice of the Nation, appointed by the Argentine Federation of Bar Associations and one by the Public Bar Association of the Federal Capital.

(c) Two (2) vowels, who must be elected by public lots among the Official Public Defenders who have a rank not less than the Chamber Judge and three (3) years old in office, one among those who perform in the interior of the country and one among those who perform in the Autonomous City of Buenos Aires.

The same number of alternate members is elected for the purposes of their subrogation.

ARTICLE 59. - Call. Integration. The Court of Prosecution is convened by the Ombudsman General. In the event that the Ombudsman had dismissed the complaint that had led to a complaint, the appeal was made by the President of the Tribunal. It has its seat in the Autonomous City of Buenos Aires and can be constituted in the place that it considers most convenient to fulfil its role. The members of the Court of Prosecution last three (3) years in their functions counted from their appointment.

Even if the time limits of their designations have expired, the terms of reference are considered to be fully extended in each case in which the Tribunal has learned until its completion. Once the Tribunal is composed, it designates its president by drawing lots. The presidency rotates every six (6) months, according to the order of the draw. The functions of accusing and defending are exercised by judges of the Public Ministry of Defence in accordance with the regulations issued for this purpose.

ARTICLE 60. - Instance. The case before the Court of Prosecution is opened by a decision of the Ombudsman-General of the Nation on his own motion or by complaint, based on the invocation of the cases of removal provided for in this Act.

ARTICLE 61. - Complaint to the Court of Prosecution. Any complaint requiring the opening of an appeal to the Court of Prosecution must be submitted to the Ombudsman-General, who may proceed in accordance with article 59 or dismiss it by a well-founded decision, with or without summary prevention. From the dismissal, the complainant may complain to the Court of Prosecution within 10 days of notifying the rejection. The complaint must be brought before the Ombudsman who must turn it within forty-eight (48) hours to the Court of Prosecution for consideration.

ARTICLE 62. - Procedure before the Court of Prosecution. The procedure before the Tribunal is carried out in accordance with the regulations issued by the Ombudsman General, which must respect due process of law and defence in trial, as well as the principles enshrined in the Code of Criminal Procedure of the Nation. Without prejudice to this, the regulation must comply with the following rules:

(a) The trial is oral, public, contradictory and continuous. The complainant cannot be partly constituted.

(b) The evidence is entirely produced in the debate or incorporated into it if it is documentary or instrumental, without prejudice to the realization of a brief summary prevention in case of urgency that endangers the evidence, in which the right of defence of the parties must be safeguarded.

(c) During the discussion, the accuser must hold the action and maintain the complaint or accusation, without prejudice to requesting the acquittal if he understood it appropriate.

(d) The Tribunal has a maximum period of one hundred and eighty (180) working days from the receipt of the proceedings to issue a judgement.

(e) The judgement must be handed down within a period not exceeding fifteen (15) days to be fixed by the President of the Tribunal at the end of the debate.

(f) Under the circumstances of the case, the court may suspend the accused in the exercise of his or her functions and, if deemed necessary, take other preventive measures which he or she considers relevant.

During the duration of the suspension, the accused shall receive seventy per cent (70%) of his assets and shall hold an embargo on the remainder as a result of the trial; if he was acquitted and suspended, he shall be immediately reintegrated into his duties and shall receive the total amount of the shipment, in accordance with the principle of intangibility of remuneration.

(g) The Tribunal sits with all its members. Its decisions are made by a simple majority but in the event of a conviction, the vote of five (5) of its members shall be required.

(h) The sentence may be acquittal or conviction. If the Court ' s pronouncement was conviction, it had no other effect than the removal of the convicted person. If it is based on facts that may set up crimes of public action or this arises from the evidence or that has already been initiated, intervention shall be given in the manner appropriate to the competent court.

(i) The judgement may be appealed by the defendant or the convicted person before the National Appeals Chamber in the Federal Administrative Dispute. The appeal must be filed in writing with the Court of Prosecution, within thirty (30) days of notifying the judgement. The Court of Prosecution must raise the appeal with the proceedings to the Chamber mentioned, within five (5) days of filing.

Part X

Financial and Economic Management

Chapter 1

Administration

ARTICLE 63. - Administration. The Office of the Ombudsman is responsible for the government and the general and financial administration of the Public Ministry of Defence, in accordance with the provisions of this Act and the regulations that are issued for this purpose.

Chapter 2

Financial autocracy

ARTICLE 64. - Financial autarchy. In order to ensure its financial autarchy, the Public Ministry of Defence has a budget of resources and expenses covered by the National Treasury, and with its own resources.

ARTICLE 65. - Progressive Plan for Allocation of Resources. After the implementation process set out in Act No. 27,150, a Technical Commission shall be convened to be composed of representatives of the PUBLIC MINISTERY of the DEFENSA OF NATION, of the Ministry of Foreign Affairs and of the PUBLIC FINANCING, of the BUDGET COMMISSION and of the HONORIZATION OF

(Article replaced by Article 3 of the Decree No. 257/2015 B.O. 29/12/2015)

ARTICLE 66. - Own resources. The following are:

(a) Donations.

(b) Tariffs, fines whose application is in charge and other income established to finance the Budget of Resources and Expenses of the Public Ministry of Defence.

(c) Transfers of resources with or without specific allocation from jurisdictions and entities of the National Public Sector or international agencies, within the framework of the implementation of collaborative policies by those linked to the performance of the Public Ministry of Defence.

(d) Any income obtained from financial operations and investments that are made with the remaining resources that have not been applied to expenditures.

(e) The proceeds of the sale or location of movable or immovable property affected to the Public Ministry of Defence.

(f) The fees regulated by the performance of the Public Ministry of Defence as set out in this Act.

The resources listed will be exempt from any national contribution or taxes.

ARTICLE 67. - Preparation of the Budget. The Office of the Ombudsman shall prepare annually, on the basis of the technical guidelines established for the jurisdictions and entities of the National Public Sector and noting the principles of transparency in the management and efficiency in the use of resources, the general budget of resources and expenses of the Public Ministry of Defence for the following year.

The proposed budget of the agency will be forwarded to the national executive branch for incorporation into the General Budget Project of the National Administration which is presented annually to the Honorable Congress of the Nation.

The Office of the Ombudsman is empowered to provide such restructuring and compensation as it deems necessary, within the total amount of the Ministry of Defence, in the General Budget of the National Administration, in order to observe the principles of transparency in the management and efficiency of the use of resources.

ARTICLE 68. - Budget performance. In the administration and financial performance of the allocated budget, the forecasts of the financial administration rules of the State shall be observed, with the powers and exceptions conferred by articles 9, 34 and 117 of the Act 24,156.

The executive branch may only make changes to the erogations of the Public Prosecution Service to the extent that they are the result of changes in the estimation of the resources that finance it.

ARTICLE 69. - New structures and functions. Any increase in the structure or charges of the Public Prosecution Service must be accompanied by the corresponding allocation of resources from the National Treasury. The transfer of new functions to the Public Ministry of Defence should also be financed.

Chapter 3

Honoraries of the Public Ministry of Defence

ARTICLE 70. - Honorary. In all cases in which the Public Defenders operate, the judges regulate the fees for their performance, in accordance with the applicable tariffs for lawyers and prosecutors.

In criminal cases, the accused who, at his or her request or for lack of appointment of a particular defender, is assisted by an Official Public Defender, must terminate the defence, in case of conviction, if he or she has sufficient means to do so. In order to verify the state of property of the accused in order to determine the relevance of such fee regulation, a socio-environmental report must be made which must contain the appropriate valuation elements, or the judge shall order supplementary information to that effect. If the defendant does not have sufficient means to hire a lawyer at the time of the judgement, he shall be exempt from payment.

In the case of a particular complaint, if it is defeated on costs, fees shall be paid for the performance of an Official Public Defender in defence of the accused.

In cases concerning non-criminal matters, fees must be charged to the deceased after the defendants have fully charged the claimed capital and their interests, or when there is a notable improvement in the fortune of the latter.

In case of non-payment of fees within ten (10) days of notification of the judgement, the Tribunal shall issue a certificate which shall be forwarded for execution to the agency responsible for the execution of the justice rate.

The fees that are devented and perceived for the performance of the members of the Public Ministry of Defence constitute their own resources and will enter a special account of the agency, for the training of its agents, the Special Fund for Social Assistance of the Assylum and Defender, and any other activity aimed at improving the benefits of the service, as required.

Part XI

Training of members of the Public Ministry of Defence

ARTICLE 71. - Training. The Public Ministry of Defence promotes the ongoing training of its agents through programmes for this purpose. Each of the agents has the right to receive the training established by the programme and the duty to carry out the general and specific activities that are established. The functioning of a school of the justice service will be established.

ARTICLE 72. -
Employees and officials of the Public Ministry of Defence. A career regime for the promotion and permanence of officials and employees is implemented within the Public Ministry of Defence, which is based on training and evaluation with objective standards of the function, through the regulation that is issued for this purpose.

Part XII

Transformation of judges of the Public Ministry of Defence

ARTICLE 73. - Transformation of Public Defenders charges. The current positions of the Public Prosecutor ' s Office of Defence change its name according to the following:

(a) The Ombudsman maintains his name, as provided for in article 15 (a) (a) (a)).

(b) Official ombudsmen before the Supreme Court of Justice of the Nation are referred to as provided for in article 15, paragraph 2 (a), of this Act.

(c) Official Public Defenders to the Chambers of Criminal Cassation, the Deputy Public Defenders to the Chamber of Criminal Cassation, the Official Public Defenders to the Federal Chamber of Cassation in the Federal Administrative Court, the Official Public Defenders to the Federal and National Chamber of Cassation in the Civil and Commercial matters and the Official Public Defenders to the Federal and National Chamber of Labour Cassation, according to this section.

(d) The Public Defenders of Minors and Incapaces before the Federal Chamber of Cassation in the Federal Administrative Dispute, the Public Defenders of Minors and Incapaces before the Federal and National Chamber of Cassation in Civil and Commercial matters, and the Public Defenders of Minors and Incapaces before the Federal and National Chamber of Labour and Social Security, are called Public Defenders of Minors, according to the House of 15

(e) The Official Public Defenders of the Office of the Ombudsman maintain their name, as provided for in article 15, paragraph 5 (a), of the Act.

(f) The Official Public Defenders to the Criminal Courts, the Deputy Public Defenders to the Criminal Courts, the Official Public Defenders to the National Criminal Appeals Chamber and the Official Public Defenders to the Judges and Appeals Chambers, in cases that perform criminal duties in the area of the Autonomous City of Buenos Aires, the Autonomous City of the Public Defenders of the National Criminal Courts.

(g) The Official Public Defenders to the Federal Criminal and Correctional Appeals Chamber, the Official Public Defenders to the Federal Criminal Courts, the Official Public Defenders to the Judges and Appeals Chambers, in cases where they perform functions in federal criminal matters within the Autonomous City of Buenos Aires, are referred to as the Official Public Defenders of Single Instance in the Federal Criminal Law of the Autonomous City of Buenos Aires.

(h) Official Public Defenders to the Economic Criminal Appeals Chamber of the Federal Capital, the Official Public Defenders to the Oral Courts in the Economic Penalty, the Official Public Defenders to the Judges and Appeals Chambers, in cases where they perform functions in economic criminal matters in the area of the Autonomous City of Buenos Aires, are referred to as Official Public Defenders of Unique Instance in the Economic Penalty of the Autonomous City of Buenos Aires.

(i) The Official Public Defenders before the Oral Courts in the Criminal Case of Minors and the Official Public Defenders before the Judges and Appeals Chambers, in cases where they perform criminal functions of minors in the Autonomous City of Buenos Aires, are called Official Public Defenders of Unique Instance in the Criminal Matters of Minors of the Autonomous City of Buenos Aires, pursuant to section 15 (a) of this Act.

(j) Official Public Defenders to Judges and Appeals Chambers, in cases where they perform functions in the stage of execution of the sentence in the Autonomous City of Buenos Aires, are called Official Public Defenders of Unique Instance in the Execution of the Pena of the Autonomous City of Buenos Aires, pursuant to section 15 (a) of this Act.

(k) Official Public Defenders to the National Chamber of Appeals in Consumer Relations maintain their denomination, as provided for in article 15, paragraph 5 (a), of this Act.

(l) The Public Defenders of Minors and Incapaces before the Criminal Courts are referred to as Public Defenders of Minors and Unique Instances in the National and Federal Penalties, pursuant to section 15 (a) of this Act.

(m) The Public Defenders of Minors and Incapaces before the Courts of Second Instance maintain their denomination, as provided for in article 15, paragraph 6 (a), of this Act.

(n) Official Public Defenders to the Federal Courts of the Federal Capital are referred to as Official Public Defenders to the Federal Courts of the Autonomous City of Buenos Aires, pursuant to article 15 (a) (a)).

(o) Official Public Defenders to the Federal Chambers of the interior of the country, the Official Public Defenders to the Federal Courts of the interior of the country, the Official Public Defenders of First and Second Instance of the interior of the country and the Official Public Defenders to the Judges and Appeals Chambers, in cases where they operate within the country, are referred to as Federal Public Defenders of the interior of the country, in accordance with paragraph 7 of the Act.

(p) The Deputy Public Defenders of the Office of the Ombudsman maintain their name, as provided for in article 15, paragraph 8 (a), of the Act.

(q) The Public Defenders of Children and First Instances maintain their name, as provided for in article 15 (a) (a) (a)).

(r) Official Public Defenders to Judges and Appeals Chambers, in cases involving non-criminal functions within the Autonomous City of Buenos Aires, maintain their denomination as provided for in article 15, paragraph (a), of this Act.

(s) Official Public Defenders in Consumption Relations retain their name, as provided for in article 15 (a) (a) (a) (a)).

(t) The Official Public Defenders before the Federal Tax Execution Courts maintain their name, as provided for in article 15 (a) (a) (a) (a)).

(u) The Guardians and Public Curators shall be referred to as Public Defenders Tutors and Public Defenders Curators as provided for in article 15, paragraph (a), of this Act.

(v) The auxiliary ombudsmen of the Office of the Ombudsman maintain their name, as provided for in article 15 (a) (a) (a)).

The positions of judges resulting from the changes provided for in this article enjoy the rights acquired on the basis of the stability provided for in article 120 of the National Constitution.

Any establishment of new courts must be accompanied by the relevant creation of equal numbers of public defenders.

ARTICLE 74. — Judges Tutores and Public Curators. Transformation. The current Public Prosecutor ' s Guardians and Curators of the Public Prosecutor ' s Office are transformed into magistrates in accordance with article 15 of this Act.

Part XIII

Transitional and complementary arrangements

ARTICLE 75. - (Article Derogated by Article 6 of the Decree No. 257/2015 B.O. 29/12/2015)

ARTICLE 76. - (Article Derogated by Article 6 of the Decree No. 257/2015 B.O. 29/12/2015)

ARTICLE 77. - (Article Derogated by Article 6 of the Decree No. 257/2015 B.O. 29/12/2015)

ARTICLE 78. - (Article Derogated by Article 6 of the Decree No. 257/2015 B.O. 29/12/2015)

ARTICLE 79. - (Article Derogated by Article 6 of the Decree No. 257/2015 B.O. 29/12/2015)

ARTICLE 80. - (Article Derogated by Article 6 of the Decree No. 257/2015 B.O. 29/12/2015)

ARTICLE 81. - (Article Derogated by Article 6 of the Decree No. 257/2015 B.O. 29/12/2015)

ARTICLE 82. - Social Work. All members of the Public Ministry of Defence retain their affiliation to the Social Work of the Judiciary of the Nation, with identical coverage and the same percentage in quotas.

ARTICLE 83. - (Article Derogated by Article 6 of the Decree No. 257/2015 B.O. 29/12/2015)

ARTICLE 84. - Derogation. Default of Act No. 24,946 and its amendments to the Public Prosecutor ' s Office and the provisions relating to its members, except as expressly provided for in the second paragraph of Article 75 of the present paragraph.

Default also any other provision contrary to this law.

ARTICLE 85. - 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.

— BAJO REGISTRATION No. 27149 —

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

Annex I

(Annex repealed by art. 6° of the Decree No. 257/2015 B.O. 29/12/2015)