SOCIAL PREVISION

Decree 458/88

Regulation of Law No. 23.157 which determines the computation for the foreseeable purposes of the work of the sentenced persons.

Bs. As. 13/4/88

VISTO file n°65.610/987 of the registration of the SECRETARY of JUSTICE under the Ministry of EDUCATION and JUSTICE, which provides for the regulation of Law No. 23.157, which determines the computation for the foreseeable purposes of the work of the sentenced persons, and

CONSIDERING:

That with the proposed measure the FEDERAL PENITENCIARY SERVICE may effectively comply with the provisions of the aforementioned law.

That, for its formulation, the provisions of Act No. 17600 were taken into account in order to determine the contributions to be made by the beneficiaries of Act No. 18.037 (T.O. 1976), which establishes the scheme for workers serving in relation to dependency, the requirements of article 11 of the Criminal Code, and Chapter VI-Work, of the National Prison Act, supplementing the Penal Code, Decree-12

The Permanent Legal Advisory Service of the SECRETARIAT OF JUSTICE has taken due action.

That the dictation of this decree is made in the use of the powers conferred on it by article 86, paragraph 2 of the National Constitution.

Therefore,

THE PRESIDENT
OF ARGENTINA NATION
RIGHT:

Article 1 - The law of Act No. 23,157, in the area of FEDERAL PENITENCIARY SERVICE, shall apply to convicted persons placed in establishments dependent on it, who are serving custodial sentences or the accessory security measure determined in article 52 of the Criminal Code.

Art. 2° - The benefits set out in Act No. 23,157 shall be agreed upon by the sentenced persons who regularly work and receive remuneration, at least for the term of THREE (3) months, in workshops for this purpose, dependent on the establishment that accommodates them.

Art. 3° - Sentences covered by the semi-freedom regime working outside the establishments, after returning to them, shall receive equal remuneration as the free worker, by virtue of the employers making both the employer ' s and the prisoner ' s contribution, making the relevant deductions in accordance with the pervisional rules in force, THE PENITENCIARRIO FEDERAL SERVICE will monitor compliance with the provisions.

Art. 4° - The FEDERAL PENITENCIARY SERVICE as an employer shall make to the respective Provident Fund, both the employer ' s contribution and the corresponding contribution to the sentenced person, on the basis of the remuneration received by the minor ' s operator in the relevant activity.

In order to make the contribution to the penalty, the percentage set out in the existing provisions will be deducted from its remuneration.

Art. 5° - Contributions and contributions that have not been made pursuant to Article 5 of Law No. 23.157 shall be regularized at the end of UN (1) year from the date of the present decree.

Sentenced in the period between the entry into force of Act No. 23.157 and the promulgation of this decree shall enter the respective Fund, the contributions of law relating to the remuneration received in prison, as a prerequisite for the granting of the certification of work to be extended by the FEDERAL PENITENCIARY SERVICE.

Art. 6° - The FEDERAL PENITENCIARY SERVICE through its National Directorate will collaborate with the National Directorate of Previsional Collections in the control and compliance with the provisions of Act No. 23.157.

It is empowered to that end to conclude agreements with the relevant national, provincial and municipal entities, in particular those relating to the unification of criteria on: Fund receiving contributions and forecast contributions, Applicable Provision Law and Fund competent to compute prison services.

Art. 7° - The expenditure required to comply with the provisions of this decree shall be covered by the provisions of Special Account No. 349 - NATIONAL DIRECTION OF THE FEDERAL PENITENCIARY SERVICE - Carcelary work - from the budget of the SECRETARIAT OF JUSTICE S.A. 331.

Art. 8° - Communicate, publish, give to the NATIONAL DIRECTION OF THE OFFICIAL REGISTRATION and archvese. - ALFONSIN - Jorge F. Sábato - Ideler S. Tonelli.