Anticompetitive Practices Agio-Proceso Penal-Jurisdiccion - Full Text Of The Norm

Original Language Title: PRACTICAS ANTICOMPETITIVAS AGIO-PROCESO PENAL-JURISDICCION - Texto completo de la norma

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image inicio sitio infoleg MInisterio de Justicia y Derechos Humanos

Law 14.559

PROCEDURES FOR THE REPRESSION OF AGIO AND SPECULATION.

BUENOS AIRES, September 30, 1958



The Senate and the Chamber of Deputies of the Argentine Nation,
in Congress, etc.
_

Article 1.- This law shall apply for the prosecution of violations of the repressive laws of agio and speculation, which are committed in the Federal Capital.

Art. 2.- The general provisions of the Criminal Code and the Code of Criminal Procedures of the Federal Capital shall be applied supplementally as soon as they do not object to this law.

Art. 3.- Offenders shall have the right to be defended through legal aid, but if they do not require it the procedure will continue its course.

Jurisdiction

Art. 4.- Jurisdiction in respect of agio and speculation is unlikely and will be exercised: (a) By the judges of agio and speculation and (b) For an appeal chamber.

Challenges

Art. 5.- The judges of agio and speculation, their secretaries, the chaplains, chamber secretaries and prosecutors, may not be challenged without cause, and shall for them govern the grounds of recusal and excuse set forth in Book I, Title IV of the Code of Procedures in the Criminal Law of the Federal Capital.

Initiation of the procedure

Art. 6.- Any infringement gives rise to a public action that may be promoted by office, or by simple verbal or written complaint, before the competent administrative authorities, police authorities, or directly before the judge of agio and speculation.

Offences

Art. 7.- The official who takes notice of an offence shall immediately perform a record which shall contain the necessary elements for the clear determination: (a) Place, date and time of the commission of the punishable act (b) The nature and circumstances of the same (c) Name and address of the complainant when any and of the defendant (d) Name and domicile of the alleged victim, yes there is (e) Name and domicile of the witnesses who had been aware of the fact investigated (f) Indicate the documentation and any other evidentiary means related to the violation (g) Any other element of judgement that is considered useful for the investigation of fact (h) Completion of documentation and elements that are sequenced (i) The presumptively violated legal provision (j) The name and position of the officials involved.

Citation and location

Art. 8.- The official who checks the offence shall summon and place in the same act the accused to appear before the judge of agio and speculation within forty-eight hours, subject to the expectation that he will lead by the public force and that his unjustified incomparency as an aggravating circumstance is considered. The act of verification shall be handed over to the alleged offender or to his family, employees and/or dependants, copy of the broken record.



Effects of the record

Art. 9.- The record shall have, for the intervening official and other purposes, the character of testimony and the malicious alteration of the facts or other circumstances which it contains, inflict upon its author in the sanctions imposed by the Criminal Code on those who are falsely produced.

Art. 10.- Proceedings by a competent official, under the conditions set forth in article 7 of this Act and which are not energized by other evidence, may be considered by the judge as full evidence of the offender ' s responsibility.

Use of the public force

Art. 11.- In cases where the offence is a prima facie of gravity, there is a repetition or ground for the presumption that the accused will attempt to circumvent the action of justice, the intervening officer may make use of or require the assistance of the public force for the arrest of the offender, and this circumstance must be communicated immediately to the judge.

Kidnapping. Provisory clause

Art. 12.- The intervening authority may perform the abduction of documents and other evidence of the offence and may, in the act of provisional closure of the premises in which the offence has been committed, as well as of the premises or premises related to the fact. The judge shall immediately be aware of this, which shall be issued within forty-eight hours on the maintenance or lifting of the provisional closure.

Elevation of proceedings

Art. 13.- The proceedings shall be brought directly to the judge together with the documents and evidence taken and the detainees if any, within twenty-four hours of commencement. If the offender requests any urgent action, the judge may require reports and even the referral of the proceedings before the expiry of the time limit.



Detention

Art. 14.- In the cases of article 11 the judge shall order the release or pretrial detention of the accused within forty-eight hours of receiving the proceedings and if the offender has been placed at his disposal by the intervening authority.

Art. 15.- The judge, within three days of receipt of the proceedings in which no arrests had been made, must decide whether or not to have the accused arrested.

Procedural impulse

Art. 16.- The procedure will be ex officio promoted. The judge may order all investigations and measures he deems necessary for the best knowledge of the truth and the verification of the facts.

Terms

Art. 17.- All the terms set by this law are peremptory and improrrogable.

Public and oral trial. Defence

Art. 18.- The trial will be public and the oral procedure. The judge shall make known to the defendant the record contained in the proceedings and hear him personally, inviting him to do his defence and to offer and produce the evidence in the act. Only by exception and where necessary the judge may establish a new trial hearing. When the judge deems it appropriate and at his exclusive trial, he may order the written version of the statements, the interrogations and the lacking.

Exceptions

Art. 19.- The only exception to be admitted as a precondition is that of incompetence of jurisdiction.

Witnesses

Art. 20.- The accused may offer up to four witnesses.

Books

Art. 21.- Where there is an obligation under a legal or regulatory rule to carry special books, records or tables, and judicial requirements do not show them or result in the absence of legal or regulatory requirements, the accused will be subject to the contrary evidence to demonstrate the regularity of the operations.



Experts

Art. 22.- The experts will be nominated by office. Its number, depending on the nature of the matter, may vary, in the judge ' s opinion, from one to three for each technical matter subject to a judicial decision.

Art. 23.- The appointment shall be made by lot among the professionals registered in the respective professional tuition and which are included in the register provided for in the law of the creation of the agio and speculation pot, unless the judge considers that the expertise should be carried out by technicians of the public administration.



Production of the test

Art. 24.- Extraordinary terms necessary for the production of the evidence shall be accepted only as an exception and provided that the fact that it is intended to be accredited cannot be justified by another type of evidence of faster production

Art. 25.- The judge may decree the rejection of the production of evidence which he considers to be unrelated to the fact investigated.



Judgment

Art. 26.- Hearing the accused and subjecting the evidence offered in his or her deceit and any other person ordered, the judge shall issue the judgment in the third day.

Art. 27.- The judge will decide to consciously appreciate the evidence produced according to the rules of sound criticism.



Resources

Art. 28.- The following remedies may be lodged: (a) Appeal (b) Nullity and (c) Complaint.

Art. 29.- Appeals and nullity shall be granted only against the final judgement and shall be filed within the period of twenty-four hours of personal notice or by collusional telegram.

Art. 30.- Judges shall provide for the resources and refer the proceedings to the superior within forty-eight hours of being filed.

Art. 31.- The complaint may be filed directly with the Appeals Chamber when the judge denies any of those referred to in article 29, within twenty-four hours of notifying the refusal or in the case of delays of justice.

Art. 32.- The appellant may express grievances to the Appeals Chamber within forty-eight hours of receiving the cars. The Chamber may have measures to better provide and in all cases shall issue a judgement within three days of the completion of the proceedings before it.

Execution of sentence

Art. 33.- The execution of the judgement and the coasts is the responsibility of the judge who has first met.

Notifications

Art. 34.- Except as provided in this article, the orders shall be notified by the Ministry of the Law, on Monday, Wednesday and Friday and subsequent skillful if any of them were traded after that in which it was delivered, without the need for a note, certificate or other diligence. It shall be notified personally or by telegram collided in the offender ' s home or where the offender has legally established it, in the following cases: (a) The order that he or she may hear from the offender (b) The final judgment and (c) The rulings specified in each case by the judge.

Fine

Art. 35.- The judge may grant a period of up to 10 days, from the notification of the final judgement so that the offender may pay the fine imposed. This term expires, the judge may order the execution of the sentence.

Completion of the penalty

Art. 36.- The time of arrest or pretrial detention completed shall be computed for the purpose of the sentence imposed.

Disciplinary sanctions

Art. 37.- Judges and the Appeals Chamber may impose disciplinary penalties of up to five days ' imprisonment and/or up to five thousand pesos of fine, on lawyers, lawyers, defendants, or other persons, for offences committed against their dignity, authority or decorum, or because they obstruct the course of the proceedings. The arrest shall be served in the unit specified by the judge or the Chamber.



Register of offenders

Art. 38.- The Appeals Chamber shall in special register of offenders to the laws of repression of agio and speculation, for the purpose of controlling recidivism.

Art. 39.- In all trials, judges shall require, before sentencing, reports of the offender ' s record of such registration.

Art. 40.- Default any law or provision that is contrary to the present.

Art. 41.- Contact the Executive.

GUZMAN - Jitrik - MONJARDIN - Oliver.