Bs. As., 29/5/89
VISTO Laws Nos. 19,349 and 23.554, Decree No. 2,259/84 Article 1, file AA 8-4030/1, attentive to the request of the National Director of Gendarmerie, as proposed by the Minister of Defence, and
That the NATIONAL DIRECTION OF GENDARMERIA raises a Draft Rules of Military Justice for Gendarmerie, in order to provide such an Institution with its own rules.
That the aforementioned Institution is a military security force that has ceased to depend on the General MAJOR STATE of the EJERIC (Decree No. 2.259/84 Article 1 and Law No. 23.554 Article 31).
It is also appropriate for the best exercise of the functions of that Security Force and its efficiency in the service, to provide it with a specific normative body, currently absent, as the Military Justice Regulations of the Army Force were applicable.
This is the case, since the organization, deployment, function and mission of the said Institution are due to the needs of the National State in the areas of security and defence that are particular to it, as well as its inclusion in the civil environment.
That the provision of the measure is made in the use of the powers conferred on the NATIONAL EXECUTIVE POWER by Article 86, paragraphs 2 and 17, of the National Constitution.
THE PRESIDENT OF THE ARGENTINA NATION
Art. 1.- Appropriate the Regulations of Military Justice for NATIONAL GENDARMERY, the copies of which are attached to this decree.
Art. 2.- Contact, post, give to the National Directorate of the Official Register and archvese.
MILITAR JUSTICE REGULATION FOR NATIONAL GENDARMERY
FIRST PART: CASTRENSE JURISDICTION
Nro. 1. Application.
Nro. 2. Extension.
Nro. 3. Exclusion.
No. 4. Offences not subject to military justice.
Nro. 5. Prevention fee.
Nro. 6. Military place.
SECOND TITULE: TRIBUNALES WITH CASTRENSE COMPETENCE IN PEACE TIME
No. 7. Permanent Tribunals in time of peace.
Nro. 8. Appointment of Vocal in the Supreme Council of the Armed Forces.
No. 9. Designation of vowels before the various war councils.
THIRD TITULE: FUNCIONARIOS AND AUXILIARES OF MILITAR JUSTICE
CHAPTER I: Director of Legal Affairs of Gendarmerie.
No. 10. Director of Legal Affairs of National Gendarmerie.
No. 11. Functions.
No. 12. Dependency ratio.
No. 13. Transitory replacement.
CHAPTER II: Inspector of Justice.
No. 14. Inspector of Justice.
No. 15. Functions.
CHAPTER III: Region Justice Officers.
No. 16. Regional Justice Officers.
No. 17. General functions.
No. 18. Judicial collaboration.
No. 19. Remission of copies.
No. 20. Functions as Head of the Region Legal Counseling.
Nro. 21. Books.
CHAPTER IV: Agrupation Justice Officers.
No. 22. Agrupation Justice Officers.
No. 23. Functions.
CHAPTER V: Honorary, Vacancies and Licenses of Justice Officers.
No. 24. Honoraries of Justice Officers.
No. 25. Vacancy, licensing and independence of criterion.
CHAPTER VI: Defenders.
No. 26. Faculty of the defendant.
No. 27. Continuity of defense.
No. 28. Independence.
No. 29. Causes of impossibility.
No. 30. Public defenders.
No. 31. Designation of office.
No. 32. Relevo.
No. 33. Removal.
No. 34. Disciplinary responsibility.
No. 35. Discharge.
No. 36. Standards of action for defenders.
CHAPTER VII: Judges of Instruction.
Nro. 37. Appointment.
No. 38. Order to instruct summary and designation of Instructor.
Nro. 39. Juramento of the instructors appointed by Decrees of the National Executive.
No. 40. Obligations of the Instruction Judges.
Nro. 41. Licenses from the Military Instruction Judges. Requirements.
No. 42. Transfer of the Instruction Judges.
Nro. 43. Procedure to continue with the commission of crimes.
No. 44. Communications to be made by the authority ordering the investigation of the case.
No. 45. Communications to be made by the Military Instruction Judge.
No. 46. Inquiring statement.
No. 47. Witnesses.
No. 48. Incommunicado.
No. 49. Rebellion.
No. 50. Notifications.
No. 51. Register of processed personnel.
No. 52. Prosecution accommodation. Place of enforcement of pretrial detention.
PART FIRST: GENERAL RULES
CHAPTER I: Transmits.
No. 53. Celerity in the proceedings.
No. 54. Separation of aspects and facts.
No. 55. Consultations.
No. 56. Signature of the National Deputy Director.
No. 57. Knowledge of opinions.
No. 58. Return of files.
No. 59. Management of the Chief of Unit before the judicial authority.
No. 60. Need for opinion.
No. 61. Attribution and responsibility of command levels.
No. 62. Legal opinions.
No. 63. Obligations.
No. 64. Inability.
No. 65. Order of dispatch.
No. 66. Signature and seal.
No. 67. Compagination of files.
No. 68. Scripture.
No. 69. Errors; amended and interlined.
Nro. 70. Foliation.
No. 71. Indication of place and time.
No. 72. Annotations.
Nro. 73. Adding documents.
No. 74. Break.
CHAPTER II: Background and reports.
No. 75. To require agencies of National Gendarmerie.
No. 76. Time to answer them.
No. 77. Reiteros.
No. 78. To require agencies outside the National Gendarmerie.
No. 79. Procedure in case of not being evacuated.
No. 80. Reports on military services or concepts.
CHAPTER III: Complaints.
No. 81. Press reports.
No. 82. Anonymous reporting of crimes.
No. 83. Of the faults committed by superiors.
No. 84. Late complaints.
No. 85. Proceedings, defenders or witnesses.
No. 86. Transmit.
No. 87. Dismissal.
CHAPTER IV: Relations with Civil Justice.
No. 88. Judicial offices.
No. 89. Statement on military secrecy.
90. Judicial reports.
No. 91. Reports required by the judicial authorities regarding staff assets.
No. 92. Staff comparison as defendants.
No. 93. Personal comparison of Senior Officers when cited as witnesses in court cases.
No. 94. Prohibition of judicial proceedings against National Gendarmerie.
CHAPTER V: Communications.
No. 95. Communications on criminal justice and military justice proceedings.
Preventions, information and records.
CHAPTER VI: Defence of personnel charged with acts committed in and by acts of service.
No. 96. Cases where appropriate.
No. 97. Designation - Standards.
SECOND TITLE: INVESTIGATION FORMS
CHAPTER I: Military information.
No. 98. Procedence and requirements.
No. 99. Intervention of the Justice Officer.
Nro. 100. Procedure, responsibility of the bodies.
Nro. 101. Sanctions imposition.
Nro. 102. Designation of informant.
Nro. 103. Professional Escalaphones.
Nro. 104. Work of the informant.
Nro. 105. Elevation of proceedings.
CHAPTER II: Parallel military information.
Nro. 106. Proceeding of the investigation.
Nro. 107. Report on the procedural situation of the offender.
Nro. 108. Retiring Cause.
Nro. 109. Intervention of the Directorate of Legal Affairs.
Nro. 110. Sentence testimony.
Nro. 111. Consideration of conduct.
Nro. 112. Resolution.
Nro. 113. Absolution of the defendant.
Nro. 114. Condemns of the defendant.
Nro. 115. Background.
Nro. 116. Reports to the Personnel Directorate.
CHAPTER III: Preventions.
Nro. 117. When it is appropriate to substantiate them.
Nro. 118. Order to instruct them.
Nro. 119. Designation of Preventor.
Nro. 120. Object of prevention.
Nro. 121. Communications.
Nro. 122. Transmit.
Nro. 123. Elevation.
Nro. 124. Term for substance.
CHAPTER IV: Issues of jurisdiction.
No. 25. Procedure to follow by the Instruction Judges.
CHAPTER V: Sumarios.
Nro. 126. Order to instruct summaries.
Nro. 127. First steps.
Nro. 128. Procedural situation of the defendant.
Nro. 129. Disprocessing.
Nro. 130. Continuity and object of the investigation.
Nro. 131. Background to requiring.
Nro. 132. Proceed.
Nro. 133. Communications on initiation or processing.
Nro. 134. Communications concerning the procedural status of the accused.
Nro. 135. Proceedings.
Nro. 136. Exhorts to the Federal Capital or Gran Buenos Aires.
Nro. 137. Low staff - reincorporated -.
Nro. 138. Rejoining reaches.
Nro. 139. Authorization to the defendant to attend to serious personal matters.
Nro. 140. Elevation of the summary - report.
Nro. 141. Lack of background or reports to close the case.
Nro. 142. Legal opinion.
Nro. 143. Expansion of the sums.
CHAPTER VI: Deserations.
Nro. 144. Formality of research.
Nro. 145. Required to perform by the acting or informant.
Nro. 146. Tables of Intendency and Arsenal Elements.
Nro. 147. Profuge deserter.
Nro. 148. Deserter discharged.
Nro. 149. Presentation or apprehension of the deserter in case of performances.
THIRD TITLE: DISCHANGE AND ACCIDENT.
CHAPTER I: Acts.
Nro. 150. Proceeding.
Nro. 151. Content of the record.
CHAPTER II: Information.
Nro. 152. Proceeding of your instruction.
Nro. 153. Content of the information.
Nro. 154. Information by accident.
Nro. 155. Accidents in - itinere.
Nro. 156. Modification of circumstances in accidents in - itinere.
Nro. 157. Probs that must be leased.
Nro. 158. Restitution action against third parties.
Nro. 159. Accidents in instruction practices.
Nro. 160. Accidents occurred during commissions and patrols.
Nro. 161. Information for endemic or epidemic diseases.
CHAPTER III: Legal medical advice.
Nro. 162. Medical advice - legal.
Nro. 163. Content of medical advice - legal.
Nro. 164. Pronunciation on causal relationship.
Nro. 165. Transmit in case of classification "DISMINUIDO en SUS APTITUDES FISIC" and "INUTIL FOR ALL SERVICE".
Nro. 166. Incomparency of the causator to medical examination.
CHAPTER IV: From the resolution of proceedings.
Nro. 167. Resolutions of the lower instances.
Nro. 168. Resolution of the National Directorate.
Nro. 169. Required to comply with the Personnel Directorate.
Nro. 170. Negative of the causer to intervene surgically.
CHAPTER V: Deaths.
Nro. 171. Special information on death.
Nro. 172. Time for your instruction.
Nro. 173. Elevation of information.
Nro. 174. Special information requirements for death.
Nro. 175. Medical advice - legal.
Nro. 176. Common information for death.
FOURT STATE: ECONOMIC STATE
CHAPTER I: General precepts.
Nro. 177. Debt deal.
Nro. 178. Relapse into debt.
Nro. 179. Conceptual difference between "habit" and "reincidence".
Nro. 180. Lifting the embargoes. Time for payment.
Nro. 181. The state of necessity as an exemption from punishment.
Nro. 182. Principles of repression. General precepts.
Nro. 183. Embargoes for food, bounty litis, etc.
Nro. 184. Bails or guarantees.
Nro. 185. Embargoes locked by mistake.
Nro. 186. Background request to the Personnel Directorate.
CHAPTER II: Forms of research.
Nro. 187. Supple of habit.
Nro. 188. Supposed to disfavor ethical duties.
Nro. 189. Suspected recidivism.
CHAPTER III: Of the loss, unuse or deterioration of State property.
Nro. 190. Unuse of goods for use or time.
Nro. 191. Obligatoriedad de instruir acciones militares.
Nro. 192. Formalities of the proceedings and powers of the bodies.
Nro. 193. Updating the amounts.
Nro. 194. Making records.
Nro. 195. Resolutive powers in respect of property belonging to the Army.
Nro. 196. Elevation of resolute proceedings.
Nro. 197. Values to be taken into account to attribute competencies.
CHAPTER IV: Rules of procedure.
Nro. 198. Pre-sumption military prevention.
Nro. 199. Loss of armament.
Nro. 200. Loss of armament, complaint to the Federal Justice.
Nro. 201. Loss of armament, intervention of the Qualification Boards.
Nro. 202. Technical reports produced by staff outside the unit responsible for the elements.
Nro. 203. Intervention of supplier agencies.
Nro. 204. Specific table of values of the elements to determine the resolutive competition.
Nro. 205. Price of items, valuation of effects not on tariff lists.
Nro. 206. Valuation of the elements in tariff lists.
Nro. 207. Updating the amounts.
Nro. 208. Preparation of the respective value planks for responsible property charges. Opportunity to be done. Agencies responsible for this task.
Nro. 209. Imposition of property charge for a value less than the price and surcharges of the effects.
Nro. 210. Preventive charge.
Nro. 211. Celerity in the proceedings.
Nro. 212. Communication to the Directorate of Legal Affairs.
CHILD TITLE: PROCEDURE IN FALTIA
CHAPTER I: General concepts.
Nro. 213. Infruits.
Nro. 214. General principles.
Nro. 215. Standards for your exercise.
Nro. 216. Exercise of disciplinary powers.
Nro. 217. Colleges of officers.
CHAPTER II: Forms of disciplinary repression.
Nro. 218. Mild absences.
Nro. 219. Serious faults.
CHAPTER III: Graduation of punishment.
Nro. 220. Classes and extension.
Nro. 221. Controller of punishment.
Nro. 222. Agravation.
Nro. 223. Accumulation or concurrence of faults.
Nro. 224. Alternative punishments.
Nro. 225. Misdemeanours committed in the presence of a superior and subordinate of it.
Nro. 226. Transgressions of the graduates of the institutes and the newly incorporated into the ranks.
CHAPTER IV: Annotation of punishments.
Nro. 227. Officers.
Nro. 228. Officers and Gendarmes staff.
CHAPTER V: Resources.
Nro. 229. Cases in which they proceed.
Nro. 230. General provisions.
Nro. 231. Time for presentation.
Nro. 232. Requirements.
Nro. 232 bis. Instances.
Nro. 233. Processing.
SIXTY: PROCEDURE IN THE MATERIA OF
CHAPTER I: Preventive detention.
No. 234. Cases where appropriate.
No. 235. Way to do it.
Nro. 236. Duration.
Nro. 237. Arrest warrant requirements.
CHAPTER II: Statements.
Nro. 238. Identification of the declarants.
Nro. 239. Juramento.
Nro. 240. Statements by office of staff.
Nro. 241. Collective statements.
No. 242. Statements in the prevention and information.
No. 243. Knowledge of previous statements.
No. 244. Statements submitted to the exhorted authorities.
No. 245. Transfer of absent witnesses.
CHAPTER III: Indatory statement.
No. 246. Diligence that cannot be received by exhort.
CHAPTER IV: Care.
No. 247. Print on your result.
No. 248. Collective.
No. 249. To exhort.
CHAPTER V: Peritos.
Nro. 250. Designation.
Nro. 251. Citation.
No. 252. Juramento.
Nro. 253. Exemption of all service.
CHAPTER VI: Edicts.
No. 254. Publication.
No. 255. Term for publications.
No. 256. Cases in which edicts are not published.
CHAPTER VII: Preventive imprisonment.
No. 257. Car base.
No. 258. Testimony of the car.
Nro. 259. Communication of the car for the purpose of the retention of the salary.
Nro. 260. Car communication for compliance.
Nro. 261. Way to do it, Officers.
No. 262. When it is appropriate to leave it without effect or modify it.
No. 263. Excess of pretrial detention completed.
CHAPTER VIII: Case file.
Nro. 264. Remission to the Supreme Council.
SEPTIMO TITLE: PENALITIES
CHAPTER I: Regime of suspension and lifting of disciplinary sanctions.
No. 265. Uprising the punishments.
CHAPTER II: Destitution.
No. 266. Authority empowers to impose it.
CHAPTER III: Suspension of employment.
Nro. 267. Authority empowers to impose it.
Nro. 268. Effects.
CHAPTER IV: Suspension of command.
No. 269. Effects and procedure.
CHAPTER V: Arrest.
Nro. 270. Authorities empowered to impose it.
Nro. 271. Graduation.
Nro. 272. Place of compliance.
Nro. 273. Arrest disruption.
CHAPTER VI: Appreciation.
Nro. 274. Requirements.
CHAPTER VII: Confidence.
Nro. 275. Authorities empowered to impose it.
CHAPTER VIII: Sub-office suspension.
No. 276. Scope.
Nro. 277. Authorities that can impose it.
No. 278. Effects on salary.
CHAPTER IX: Recharge of service.
Nro. 279. Authorities that can impose it.
Nro. 280. When your fulfillment begins.
Nro. 281. Place of compliance.
CHAPTER X: Pumpkin.
Nro. 282. Form and place of compliance - limitation.
CHAPTER XI: Fajinas.
Nro. 283. Your reach.
CHAPTER XII: Application of penalties.
Nro. 284. Temporary thoughts. Initiation of compliance.
Nro. 285. Place of compliance.
CHAPTER XIII: Death penalty.
Nro. 286. General provisions.
Nro. 287. Notification of the sentence.
Nro. 288. Permanence in chapel.
Nro. 289. Provisions for implementation.
Nro. 290. Staff training order.
Nro. 291. Execution of the penalty.
Nro. 292. Multiple executions.
Nro. 293. Troop parade.
Nro. 294. Constance of execution.
Nro. 295. Body inhumation.
CHAPTER XIV: A land of degradation.
Nro. 296. Previous formalities.
Nro. 297. Execution of the penalty.
Nro. 298. Constance of execution.
CHAPTER XV: pardon or commutation of penalties.
Nro. 299. Who can ask.
Nro. 300. Procedures of applications.
Nro. 301. Notification to the penalty.
No. 302. Sentenced to the death penalty.
Nro. 303. Time to reiterate requests for grace.
Nro. 304. Effects of pardon and commutation.
CHAPTER XVI: Disciplinary shortcomings.
No. 305. Lack of professional ethics.
No. 306. You lack respect.
Nro. 307. Correlative faults in command.
Nro. 308. Lack of service.
OCTAVO: ADMINISTRATIVE PROCEDURES
CHAPTER I: Applications.
Nro. 309. Transmit.
CHAPTER II: We pray.
Nro. 310. Proceeding.
Nro. 311. General rule.
No. 312. Exceptions.
Nro. 313. Processing.
No. 314. Period.
No. 315. Requirements.
No. 316. Conduct of the claimant.
No. 317. Compliance with the questioned provision.
No. 318. View of the performances.
No. 319. Irrecurribility.
Nro. 320. Resolution.
Nro. 321. Background.
No. 322. Mischievous presentation.
Nro. 323. Dismissal.
No. 324. Remission.
ANNEX I: Disciplinary Power Plant that determines the maximum powers of the superiority of the National Gendarmerie.
MILITAR JUSTICE REGULATION FOR NATIONAL GENDARMERY
FIRST PART: CASTRENSE JURISDICTION
Nro. 1. Application: This regulation applies, in NATIONAL GENDARMERY, to any person with a military status of gendarme in relation to his/her corresponding situation of journalism and in accordance with the requirements of the Code of Military Justice, Law No. 19,349 and its amendments and other laws in force.
Nro. 2. Extension: Article 16 of Act No. 19,349 shall have the scope of articles 108 and 109 of the current Code of Military Justice, i.e., that gendarmes shall be subject only to military justice, when they commit crimes or essentially military offences.
Nro. 3. Exclusion: Even in the cases that mediate the act of service or that perpetrate in a military place, common crimes are absolutely excluded from military justice.
No. 4. Offences not subject to military justice: When personnel of National Gendarmerie commits any of the offences provided for in article 16 (b) and (c) of Act No. 19,349, either on the basis of the person or place, shall be brought to trial by federal courts.
Nro. 5. Subject to prevention: Where any of the offences listed in the previous issue are committed, within the jurisdiction of the Force, or in a military place, it is incumbent upon Gendarmerie to release the relevant preventive summary, with the intervention of the competent federal court. The same procedure should be taken when a common offence is committed in a military place, giving intervention to the competent judge.
Nro. 6. Military place: It is everyone who is subject to the authority of Gendarmerie, for being occupied for purposes proper to service, whether for permanent, transitory or purely accidental occupation.
SECOND TITULE: TRIBUNALES WITH CASTRENSE COMPETENCE IN PEACE TIME
No. 7. Permanent Courts in Time of Peace: The Tribunals exercising military jurisdiction in National Gendarmerie are permanently:
Supreme Court of Justice of the Nation: (only in case of extraordinary appeal. Federal Appeals Chambers).
Supreme Council of the Armed Forces.
War Council for Chiefs and Officers, common for the Armed Forces and National Gendarmerie.
Permanent War Council for the Army's Sub-Alternate Personnel, common for the Argentine Army and National Gendarmerie, with seat in the City of Córdoba, whose competence extends to the territory of the following provinces: Entre Ríos; Corrientes; Chaco; Santa Fe; Misiones; Formosa; Santiago del Estero; Salta; Jujuy; Tucumán; Catamarca; La Rioja; San Juan; San Luis and Mendoza.
Permanent War Council for Army Sub-Alternate Personnel, common for the Argentine Army and National Gendarmerie, with seat in the City of Buenos Aires, whose competence extends to the entire territory of the Nation not covered by the preceding paragraph.
No. 8. Appointment of a member of the Supreme Council of the Armed Forces: When the Supreme Council of the Armed Forces must intervene in the trial of a member of the National Gendarmerie in accordance with the provisions of articles 12, 14, 22 and 26 of the Code of Military Justice, the President of the Nation shall by decree appoint a member for the said Institution.
No. 9. Designation of vowels before the different War Councils: In accordance with the provisions of the second paragraph of article 26 of the Military Justice Code, the Directorate of Personnel shall propose to the signature of the National Director of National Gendarmerie the lists referred to in the aforementioned rule.
THIRD TITULE: FUNCIONARIOS AND AUXILIARES OF MILITAR JUSTICE
CHAPTER I: Director of Legal Affairs of National Gendarmerie.
No. 10. Director of Legal Affairs of National Gendarmerie: He is the Chief of the National Gendarmerie Legal Service.
No. 11. Functions: a. He shall advise the National Director of Gendarmerie on all cases or matters in which his legal opinion is required or is referred to in such a way as the natural legal advisory body of the National Directorate of Gendarmerie;
b. It will monitor through the Military Justice Inspectorate, the enforcement of formal summary charges and the operation of the remaining legal advisory bodies of the Force;
c. It shall organize the representation and sponsorship of the Force in judicial matters, when the State, in the interest of NATIONAL GENDARMERIA, shall participate in any dispute.
No. 12. Dependency ratio: It will depend directly on the National Director as set out in the Force ' s organizational tables.
No. 13. Transitory replacement: This will be replaced in the event of a licence or absence by the Legal Sub-assist and the situation for the Legal Sub-assistant, on the other hand: the Inspector of Justice and the oldest Chief of Division.
CHAPTER II, Inspector of Justice
No. 14. Inspector of Justice: The Inspector of Justice of the National Gendarmerie will be responsible directly for the Director of Legal Affairs of the National Gendarmerie.
No. 15. Functions: a. It will supervise in the legal technical aspect the Legal Counsels of Region and Group, and the Scaffolding Officers attached to the various fields or areas of the Force, excluding those who serve in the Directorate of Legal Affairs of National Gendarmerie, and must conduct regular inspections.
b. It shall ensure compliance with the provisions made in the formal order of the summary, taking the necessary measures to remedy the shortcomings that are ascertained and in that order establish the following particular missions:
1) Inspect the Military Instruction Courts of Gendarmerie.
2) Centralize any formalities of the military summons and documentation relating to them.
(3) Propose the appointment of the Military Instruction Judges where appropriate to appoint them to the National Director.
4) Propose the designation of defenders of office and control them.
(5) Propose, directives for the best development of the courts and amendments of the existing ones.
6) Carry out the general record of summons, in which it must establish the procedure that each judge instructs, from the order of its initiation to the completion, specifying the cause that motivates it and filing a full copy of the final resolution.
7) To carry the statistics of the summons that are instructed and to propose, on the basis of it, the proper distribution of the affairs of the military courts.
CHAPTER III Region Justice Officers
No. 16. Region Justice Officers: Serve at the National Gendarmerie Region Headquarters.
They are directly and only subordinated to the Head of the Region where they serve. Without prejudice to this, the Director of Legal Affairs through the Inspector of Justice shall exercise supervision by providing the relevant technical directives.
No. 17. General functions: The functions of the Justice Officers serving in the Regions are as follows:
a. To advise verbally or in writing on all matters of legal order in which your query was required by the command.
b. Dictamine in the summaries, preventions, information and records whose final resolution does not correspond to the command, in order to comply with the existing legal provisions, advising to effect their correction, extension or elevation.
c. Dictamine in the preventions, information or records that correspond to solving the command, advising its correction, enlargement, imposition of disciplinary punishment or the file of the proceedings.
In the cases of this section and the previous section, the Justice Officer shall intervene directly and without prior order to which effect the files shall be passed without further processing to the advice; in the case of subparagraph (a) it shall be limited to advising when necessary at the discretion of the command.
No. 18. Judicial collaboration: The Justice Officers shall provide the cooperation provided for in article 2 of Decree No. 11.437/58 to the corresponding tax representative when he assumes the representation and defence of the National State (NATIONAL DIRECTION OF GENDARMERIA) and exceptionally assumes the judicial defence of the interests of the State.
No. 19. Referral of copies: The Justice Officers shall transmit to the Directorate of Legal Affairs a copy of any opinion they produce.
No. 20. Functions as Head of the Region Legal Counsel: He shall deal with the processing, dispatch and management of matters relating to:
a. Jurisprudence in general, for which purpose it will collect and order for matters, with their corresponding indices, those judgments of the federal or common justice, which resolve matters of interest in the regional framework.
b. Interpretation and application of the laws and their regulatory provisions, evacuating in the form of Views, queries that may be submitted to it by the command.
c. Military justice affairs and procedures in general, for which purpose the Regional Justice Officer:
(1) Draft the designation of the examining magistrates to intervene in the summaries, in accordance with the order established by the command;
(2) Formulates liftings, resolutions or impositions of punishment, in accordance with the instructions of the respective commander, who gradifies the penalties to be applied;
(3) It is responsible for handling such matters, in accordance with the instructions of the command;
(4) Requests frequent reports on the state of the sums, the situation of the accused, etc., in order to facilitate the mission of the judges and the completion of the summary in the shortest time, giving the command account and proposing the measures to take, in cases of unjustified delay;
(5) Evacuate the consultations of the examining magistrates;
6) It is obliged to give account to the command, in a separate note, of acts or procedures affecting the discipline, which are discovered by-catch in the examination of the sums, prevents, information and records in which it intervenes and which should be motivated to take action in this regard;
7) It informs the command of the delays in the substance of the summaries, due to deficiencies or omissions by the examining magistrates, because they have not adhered to the existing requirements and instructions for the review of summaries;
(8) Each Head of Region shall provide that this officer shall, at least twice a year, lecture the Officers serving in the jurisdiction of the command, which shall be of a practical nature, on matters of military justice and particularly related to the procedures in which the Officers may intervene;
d. Complaints and remedies (if they give rise to proceedings or require a judgment). In such cases, the intervention of the Justice Officer shall be limited to verifying compliance with the statutory requirements.
Nro. 21. Books: The following will be taken:
General book of entrances and exits.
Special book of tickets and departures of reserved and secret affairs ( personally carried by the Justice Officer).
Copybook, or file, of the general orders, provisions and circulars of the command.
Book index (by surname) of reserved files and secrets in the consultancy.
Index book (by matter) of opinions in organic and administrative matters.
Bibliorate of case law (with matter index).
Criminal statistics book.
Book of judges, secretaries, preventors, informants and commissioners in which all matters concerning the performance of the same will be noted.
Copies of the opinions produced will be filed by chronological order, noting in them the resolution dictated by the command.
CHAPTER IV. Agruption Justice Officers
No. 22. Agruption Justice Officers: Serve at the National Gendarmerie Agruption Chiefs. They are directly and only subordinated to the Chief of Agrupation. Without prejudice to this, the Director of Legal Affairs through the Inspector of Justice shall exercise technical supervision by providing the relevant directives.
No. 23. Functions: The Agrupation Justice Officer performs the following functions:
a. Dictamine in the preventions, information and records to be resolved by the Chief, advising their correction, enlargement, imposition of disciplinary sanctions or archive.
b. Dictamine in the preventions, information and records whose final resolution does not correspond to the Chief, advising their correction, extension or elevation to the Region Headquarters for further processing.
c. Dictamine on specific police issues arising from the respective offices of the Group, for which purpose the Head of the Group will require the corresponding opinion.
d. Dictamine in any matter of legal order, when required opinion.
e. To assume the defence, in the courts of law, of the personnel prosecuted for acts committed in or for acts of service, as set out in N. 96 and 97 of these Rules.
In this regard, the following rules shall be taken into account:
(1) Assuming the defence of a defendant, the Justice Officer may not waive it even if it is ascertained, during the proceedings, that the act was not committed in or by acts of service;
(2) The Justice Officer may be excused from producing opinions in the military disciplinary records instructed to investigate the conduct of the staff whose sponsorship takes place, in the motivating facts of the judicial process, when the evacuation of the same - by virtue of the existence of revelations under professional secrecy - may imply opinions contrary to those contained in the defence writings that place it in a situation of moral violence.
(3) The Heads of Groups shall grant all necessary permits for the proper performance of the function entrusted to the Justice Officers.
f. In order to better prepare the staff in its functions, it shall:
(1) To lecture on general subjects of law;
(2) Intensify the teaching of application codes and laws in National Gendarmerie;
(3) Accompany the Chief of Agrupación on his inspection tour when ordered by him, to advise him on compliance with the criminal or procedural provisions in the proceedings instructed by the staff.
To that end, it is empowered to propose to the Chief of Groups the rules or directives aimed at correcting deficiencies or correcting errors observed in the units or subunits inspected.
The rules or directives may be imparted in academies, to staff deemed necessary to instruct, on certain police procedures or interpretation of criminal or procedural concepts.
g. To compile and order case law on matters that resolves matters of interest to the Institution, especially those decisions in which they feel precedent, from which it will send a copy to the Directorate of Legal Affairs.
h. To give account to the Chief, by separate note, of acts or procedures affecting the discipline, discovered by incident in the study of the proceedings;
I. Avoid delays in the processing or instruction of military justice proceedings, in order to request, through the Chief, relevant reports;
j. To accompany their opinions the corresponding draft orders;
k. Archive the background of the cases defended;
l. Archive the opinions and resolutions with a chronological index and, by reason, must bind them biannually;
ll. Poseer a record of notes, radiotelegrams, orders, directives, circulars, etc.
m. Carrying in and out of public records, reserved and secrets, as well as corresponding receipts booklets;
n. To provide the cooperation provided for in article 2 of Decree No. 11.437/58 to the appropriate tax representative when he assumes the representation and defence of the National State (National Gendarmerie).
CHAPTER V Honorary, Vacancies and Licenses of Justice Officers
No. 24. Judgement Officers ' Honours: The professional fees paid by the State counterpart by the Justice Officers in the trials where they have assumed the representation and/or sponsorship of Gendarmerie shall be entered into the account determined by the Force ' s Finance Directorate in order to enable the Directorate of Legal Affairs to employ them in their own property needs.
No. 25. Vacancy and Licensing: In the event of a vacation from an advisor or license or illness of its owner, it will be replaced by the nearest Justice Officer and of the same organic level.
The Heads of Region and Group, before granting leave to the assigned Justice Officers, shall take into account the above-mentioned replacement system and shall communicate with at least fifteen days in advance to the Inspectorate of Justice, the date of initiation and termination of the licence.
In the event of their transfer to the Federal Capital, they must go to the Directorate of Legal Affairs for the purpose of improving professional technical relations between the components of the Scalfón Justicia.
Independence of criterion: In the exercise of their functions, the Justice Officers shall enjoy absolute independence of judgement.
No. 26. Faculty of the accused: The accused may appoint an officer in activity or in retirement from the Legal Corps of the Armed Forces or National Gendarmerie.
The appointment of unlawed officers may only be made by express decision on the matter of the accused, who will be assisted by a Justice Officer. For those appointed the acceptance of the position is optional.
When an ombudsman is appointed in the same case by several defendants, the appointment will only be for the first to do so, and the others must make a new appointment.
The appointment of defenders may only be vested in the Officers who domicile no more than VEINTE KILOMETROS (20 km) from the seat of the Council that must judge the accused.
No. 27. Contuinity of the defence: The defence counsel shall act in the proceedings until the time that the judgement acquires authority of what is judged, respecting the principle of continuity in the defence, being his obligation, to file all the remedies to which there is room.
No. 28. Independence: In the performance of his task the defender will enjoy effective independence, not being able to receive instructions from any person.
No. 29. Causes of impossibility: They cannot be defenders, the following:
Members of the military courts, the staff of the Directorate of Legal Affairs of National Gendarmerie (except members of the Office of the Ombudsman), the Regional Justice Officers (except those who are members of the Office of the Ombudsman of the Region "Córdoba"), the Agrupation Justice Officers and members of the War Councils and those who are temporarily unable to exercise the defence.
No. 30. Public Defenders: The National Directorate will operate an Office of the Ombudsman composed of Justice Officers, which will depend directly on the Director of Legal Affairs.
In the head of the "Córdoba" Region, a Justice Scaffolding Officer will be appointed, who will be fully independent of the Command Advisory Justice Officer, who will take charge of the Office Defenses in that jurisdiction.
In the case of the preceding paragraph, the provisions of the preceding paragraph shall not be governed by the N. 27, where the stage of proceedings requires it, an ombudsman of the Office of Legal Affairs shall be appointed.
No. 31. Designation of office: If the defendant had not chosen a defender, or if the designation was terminated by excuse or by any other legal case, and the person did not appoint a substitute in the act of being notified, the President of the Tribunal shall appoint an Ombudsperson among the Officers listed in the previous number as appropriate.
No. 32. Relevo: He will be relieved of the charge, the defender who is unable to continue to exercise it, because he has been given a destination elsewhere, or conferred a special commission of the service, or any other circumstance that hinders the performance of his functions. The relay will be carried out in the form set out in the second and third paragraphs of the following number.
No. 33. Removal: The defendant may request the removal of the defence counsel, which shall be agreed without further action if he has appointed it, but when it is a defence counsel designated ex officio, the removal shall be carried out only if the President of the Tribunal finds it justified.
Resolve the removal of the defender, the defendant shall appoint a substitute in the act, which shall be notified to that end, and in the event that it does not, shall be appointed ex officio.
However, the removal of the human rights defender will not interrupt the handling of the case, not having to leave the defence until the replacement takes over.
No. 34. Disciplinary responsibility: When the military courts consider the conduct or procedures of the human rights defender to require a sanction to be applied by the commanding authorities, they shall notify the National Director of Gendarmerie for relevant purposes.
No. 35. Performance of the post: Officers in activity who are appointed defenders will carry out their activity with prejudice to the service.
Defenders shall consider the duties of the defence in preference to all others of their ordinary service, and the superiors shall facilitate the performance of this duty, in accordance with the provisions above.
No. 36. Standards of action for defenders:
a. They must bear in mind that the fundamental thing in the defence is the analysis of the facts, the appreciation of the evidence produced and the legal framework of those, and therefore must deepen their arguments in favor of the defendant before the Council, since the facts, once declared proved, will be irrevocably fixed.
b. Without prejudice to the above, they will make all the considerations that they deem relevant to the moral personality of their advocate and that can mitigate their responsibility.
c. In the event of appeals, they will specifically indicate the relevant provisions in which they are accepted, and will detail the basis of the grievances against the judgement in question, noting the shortcomings, contradictions or causes of nullity that serve as the basis of the appeal.
They will be lacking if, by founding a remedy, they are limited to reproducing the terms of the defence's writing.
CHAPTER VII Judges of Instruction
Nro. 37. Appointment: The appointment of judges of the gendarmerie Instruction shall be carried out by Decree of the National Executive among those senior personnel in situations of activity or withdrawal called to serve in accordance with article 84 of the National Gendarmerie Act, which has the title of a lawyer or has evidenced suitability to serve as the General Scaffolding.
No. 38. Order to instruct summarily and appoint an instructor: The order to instruct summarily and the appointment of the judge to do so shall be given by the National Director of Gendarmerie. Such attribution shall also be exercised by the Heads of the Region in relation to the facts in their jurisdiction and with respect to the judges adscripting them.
Nro. 39. Judgement of the instructors appointed by decrees of the National Executive Branch: The authorities designated to receive the oath of the Judges of Military Instruction shall forward the documentation to the Personnel Directorate, which shall proceed to its distribution, for that purpose by breaking the corresponding records in three copies of the same tenor, for the following purposes: Original for the Personnel Directorate; duplicate for the Military Justice Inspectorate and triplicated for the act.
No. 40. Obligations of the Instruction Judges: These are the following:
a. To instruct the summons for those who have been appointed in strict compliance with the provisions contained in Treaty II of the Code of Military Justice. Proceedings in the form of a summary by a Military Instruction Judge who intervenes without having been designated by the competent authority for this purpose are invalid as a summary, but the information value may be assigned to him.
b. Add the faithful order or copy of summarizing, in order to properly certify the existence of the measure adopted.
c. Considerations to have with the defendants: To provide everything necessary to the security of the defendants always keeping their hierarchy in those considerations that were consistent with the strict compliance of the Law.
d. Appointment of Secretaries: The Instructor Judge shall designate his secretaries, for which purpose, when he has not been appointed as a subscriber, shall be informed in the respective offices of the Officers that are available.
There are no officers available to appoint officers.
The Registrars shall in turn oath before the respective judge.
e. Diligence of several summaries - Preference:
Each Magistrate of Instruction may simultaneously carry out several sums, for which purpose he or she shall designate the necessary secretaries in the established form.
The Instructor Judge who does not exercise due diligence all the legal measures that are necessary for the quick and perfect clarification of the fact, shall be liable by disciplinary means, provided that he does not commit a crime.
f. Consultations to formulate: The Judges of Instruction must comply with the order of diligence the enlarged measures required in the summary by refraining from pollumizing. Any consultation they make should be addressed to the Region Chief of which they depend and fail to the Justice Inspectorate.
g. Character of his functions: It will be borne in mind that the Magistrate of Instruction when he acts, does so by order of Superiority, which delegates in him the authority to investigate and not to judge, which is reserved to other organs.
Nro. 41. License of the Military Instruction Judges. Requirements: The Directorate of Legal Affairs (Inspection of Justice) will intervene and be granted by the Directorate of Legal Affairs.
The Instructors attached to the Head of Region that have pending cases shall, upon authorization of their natural commands, require license to the authority that appointed them; consigning the place and domicile where they shall use it and request replacement, without raising the proceedings they process.
Instruction Judges may not be licensed for longer than forty-eight hours without prior appointment of a replacement.
Pass compliance: In case of having to comply, they will request the appointment of a substitute for the continuation of the case to the authority that appointed it by informing the Directorate of Legal Affairs (Inspection of Military Justice); the Judges of Instruction when they receive summarines to continue them for reasons of temporary impediment (licence, disease, etc.) of the original judge who processed it, proceed.
a. If the substance of the summary is terminated prior to the removal of the impediment, it shall be brought directly to the authority that ordered it to be instructed, filling the formalities corresponding to the duly completed summary.
b. If the impediment caused by the substitution disappeared, and the summary had not been completed, the case will be referred to the original judge with a memorandum, without foliar, containing a summary of the proceedings carried out and, in the sender's opinion and in accordance with the plan conceived, they would be missing to complete the investigation.
The Instruction Judges, when a number of summons are issued simultaneously, will also indicate the preferential order with which they consider the proceedings to be continued.
If an important procedural measure is pending, the Chief Justice may only be removed from the case in the event of an impediment to force majeure.
No. 42. Transfer of the Instruction Judges: When the Instructionrs are required to proceed with the proceedings relating to the sums they bring, outside the natural seat of the court, they shall appoint secretaries among the staff of the unit where they must act.
In cases where the Judges consider it necessary to move with the Registrar performing the proceedings, they shall apply for authorization to the authority which appointed them, through the Chief of which they depend, for reasons of jurisdiction.
Nro. 43. Procedure to continue with the commission of offences:
The commission of an offence whose investigation is entitled "first term" to military jurisdiction, the Chief of Unit, Agency, Institute, etc. shall take place within twenty-four hours, to the Chief of the dependant, a circumstantial part of the fact produced, for the purpose that the intervention of a Military Instruction Judge may be immediately available, while at the same time arbitrating the necessary measures for the preservation of the evidence.
This procedure must be carried out without prejudice to the fact that, at the same time, the requesting Heads have the instruction of the respective prevention and take those regulatory measures and precautions corresponding in each case.
No. 44. Communications to be made by the authority ordering the preliminary investigation: The authority ordering the preliminary investigation, together with the appointment of an instructor, shall transmit it to the Directorate of Legal Affairs (Inspection of Military Justice) and the Directorate of Personnel, specifying the cause that motivates it, place of fact, number of the statistical code of the personnel involved; while requesting the Military Justice Inspectorate to assign the military number.
No. 45. Communications to be made by the Military Instruction Judge: The Military Instruction Judges, upon initiation of the summaries, shall inform whether the assets or elements of the National State are involved in the Directorate of Legal Affairs (Inspection of Justice), the Directorate of Staff, the authority that designated it, and the agency providing them.
Such communications shall be made within twenty-four hours, the report must contain the following data:
a. Date of initiation.
b. Cause and number.
c. Authority that made the designation.
d. Statistical code and destination of the personnel involved.
e. Procedural situation of staff.
f. Elements or assets of the State involved.
g. Any other data that is considered important.
Following the above-mentioned communication, the Directorate of Staff and the Inspectorate of Justice will be informed of any changes in the procedural situation of the personnel in the cars, specifying the date.
The Military Instruction Judges will report to the Inspectorate on a monthly basis on the cases in which they are in process, including the following information: Number of the summary, causator, cardboard, updated procedural status of the personnel involved and missing proceedings to complete the investigation.
The report should also be submitted to the Directorate of Legal Affairs (Inspection of Justice), before the day 10 of each month.
No. 46. Inquiring Declaration: It is the fundamental declaration of any cause, for them, formal requirements must be prolixiously fulfilled, deserving to be highlighted:
a. He will be taken personally by the Military Instruction Judge.
b. Their production, if the accused is detained, shall be effected within twenty-four hours of the commencement of the summary or since the detainee is placed at the disposal of the instructor. If such a period of time is to be overcome, the reason for the proceedings must be given.
c. An oath of the accused shall not be required, as a principle, to receive in one act. If it is suspended, the motive must be recorded.
d. Initiated the inquiring statement, or denied the defendant to lend it, the instructor will immediately let you know the imputed fact.
e. The formulation of cuciful, indirect or suggestive questions is prohibited.
f. The accused shall be allowed to manifest all that he knows, and the measures he proposes are urgently evacuated, provided that they are conducive, and there is substantial evidence of refusal.
No. 47. Witnesses: By subpoena and military personnel, this is an obligation of service.
He will have to question them in the presence of the secretary and in his depositions they will give reason for his sayings, manifesting how and why they know or have knowledge of the facts.
The primary requirement in this test is the oath of law. Witnesses will not be able to read written replies and the instructor will take care not to record redundant, inordinate and inconclusive statements; he must recall that concision and speed is a priority in the investigation of the case. Furthermore, the judge shall incommunicate the witnesses among himself, if he deems it appropriate for the duration of the act of his statements.
If it is useful to clarify the facts, you may question them at the place where the events have occurred, or in the presence of the objects on which the declaration is concerned.
If the instruction suggests that a witness has been issued with falsehood, an authenticated copy of the pieces leading to the investigation of the offence shall be removed and shall lift it to the authority that designated it for the formation of due procedure.
No. 48. Incommunicado of the defendant: It is remembered that it requires a just cause and is imposed by the necessity of the investigation. It requires self-founded and cannot last more than four days.
The detainee must be notified, without knowing the basis of the detainee. The Instructor who keeps a detainee incommunicado for more than four days shall be liable for disciplinary punishment and for the separation of the proceedings.
No. 49. Rebellion: As a substantial requirement, this measure requires the prior subpoena of the accused, excluding cases of desertion.
It also commits rebelliousness who escapes while being legally detained and his statement requires a previous report by the Registrar.
The rebellious car originates from the downturn of the Institution, for which the instructor must send testimony of the respective car to the Personnel Directorate, for its administrative procedure.
In cases of the rebellious nature of the fugitives, the trainer must also, on his own initiative, require the arrest of the police and military authorities of the place of his last home, and by means of a requirement, the police authorities of the whole Republic.
The capture order should also be inserted into the respective publications of the Institution.
It is pointed out that the statement of rebellion during the investigation does not interrupt or suspend the proceedings of the case.
No. 50. Notifications: Any ruling issued by the Military Instruction Magistrate shall be immediately made, and no more than twenty-four hours may be delayed in any case.
No. 51. Register of processed personnel: The Inspectorate of Justice and the Personnel Directorate shall keep a record of all the personnel of the Institution under trial before the Military Justice.
No. 52. Accommodation of accused persons: Place of enforcement of pre-trial detention: If the Instruction Judges consider that the enforcement of the Pretrial Detention at the place of the accused ' s magazine, may cause some abnormal situation, they may request the Justice Inspectorate, authorization for compliance with the Pretrial Detention Unit.
Proceedings who apply for remand in custody in another unit: The National Directorate shall not issue orders of passage and shall not settle for the transfer and stay of the accused outside its jurisdiction, when they have requested such benefit and whose authorization is granted, running on account of the offender even the expenses for the or custodians who must accompany him to the new destination, except when otherwise expressly provided in the corresponding authorization. In all cases, the person ' s aggregate pass will be available to the unit or agency concerned or close to his or her home.
SECOND PART: PROCEDURES
PART FIRST: GENERAL RULES
CHAPTER I: Procedures
No. 53. Celerity in the proceedings: Any member of the Institution, whatever his or her position, who intervenes permanently or temporarily in the processing of legal proceedings - military, shall print them as quickly as possible. For this purpose they will be considered skillful on Sundays and holidays. Any delay that cannot be justified will be gravely lacking.
It is regarded as a signature of urgency that refers to military justice.
No. 54. Separation of aspects and facts: situations or facts whose resolution should be adopted independently should not be investigated jointly. Thus, the lesions suffered by the causator or other staff may not be investigated in parallel information to assess whether they are originated in the service, or to consider problems inherent in State property in proceedings relating to a disease or accident. Where separate proceedings are to be carried out in order to investigate aspects other than the same act, the existence of the other must be recorded in each case. The absence of this reference presumes that an investigation has been omitted, resulting in unnecessary delays, and therefore the enforcement of such a precaution must be monitored with all zeal.
No. 55. Consultations: Considering that it is the duty of everyone to resolve within the limits of their competence the problems presented to them, it is prohibited to raise in consultation situations clearly provided for by the rules in force. In cases where it is exceptionally necessary, all the backgrounds available to the applicant will be collected and will give a well-founded opinion on the solution to be adopted by the Apportioned Justice Officer, if any.
If there is a record that does not work with the applicant, before raising the case file, you must request them or require them to the appropriate person. In the event that it has not been possible to obtain them, it will make it explicit, also indicating in detail the case.
No. 56. Signature of the National Deputy Director: It is up to you to sign:
a. Orders of mere procedure, in records, information and records in general.
b. In the summaries, its extension and correction, except in matters of competence.
No. 57. Knowledge of Views: The Views issued by the Director of Legal Affairs and Justice Officers of the Lower Ladders, Senior Board of Medical Recognition and Medical Affairs - Legal and Regional Medical Boards, in the various records, are for the exclusive advice of the National Director, National Deputy Director or authorities to those who were elevated.
No. 58. Return of files: Agencies, addresses and units may not directly request the return or hearing of the files that are located in the Directorate of Legal Affairs for the corresponding opinion. In such cases and whenever the return or hearing of the files is of necessity, an order must be obtained from the National Director of Gendarmerie or National Deputy Director.
Attempt that only for reasons of procedural economy it is permitted to request opinions directly by the various agencies to the Directorate of Legal Affairs, the urgent requirements in the process of the files found in that agency may be done only by the National Directorate or Subdirectorate.
No. 59. Management of the Chief of Unit before the judicial authority: When a member of the Institution is prosecuted before the civil justice system and is long indicted, the Chief of the Journal Unit will manage before the respective judge, the possibility of accelerating the course of the case, highlighting the inconveniences that this entails in service.
In a negative case, it may require directly to the Appeals Chambers of the court or higher court if necessary.
With regard to the members of the Institution brought before the civil courts, taking into account the fact that they are available to the judges involved, requests for licences, transfers, etc., must be made before them, prior to any other administrative management.
Detained by a member of the Force by police personnel, immediately the Chief of the respective Unit will highlight a commission for, by application of article 7 of the Argentine Police Convention, to administer to the police authority the surrender of the detainee for his accommodation in the Institution.
No. 60. Need for Views: The legal opinion is considered essential when the act is susceptible to subjective rights or a legitimate interest.
No. 61. Attribution and responsibility of command levels:
The opportunity, merit or convenience of subjects subject to legal opinion is not subject to legal assessment, but is attribution and responsibility of the levels of command.
No. 62. Legal opinions: Legal opinions should not be submitted to the party ' s reply or discussion, since the advice is exclusively addressed to those who requested it.
No. 63. Obligations: Any member of the Institution who intervenes permanently or temporarily in the processing of legal proceedings - military, shall:
a. To reserve with respect to matters relating to such proceedings.
b. Do not evacuate consultations or give advice, except in the cases expressly specified.
c. Do not manage or interest third party matters.
No. 64. Incapacities: No staff members of the military justice system may be appointed, who have been convicted at criminal headquarters or are prosecuted for criminal offences.
No. 65. Order of dispatch: In the Directorate of Legal Affairs - Inspectorate of Justice, and in the remaining Legal Counsels of the elements of the Force, the cases will be processed in the order of their entry.
However, the files in which there are persons deprived of their liberty will be preferred by the office.
Exceptionally, the preferred resolution of a case may be made, when a reason for urgency is established.
No. 66. Signature and seal: The entire signature must be used in the proceedings. the trades, letters, certificates and other analogous pieces will also carry in each leaf, half signature and ink seal corresponding to those who issue them.
No. 67. Compagination of files: The files will be commised in bodies that do not exceed two hundred sheets, except in cases where such a limit compels to divide writings or documents that constitute one piece.
No. 68. Scripture: Justice proceedings may be written to machine or handwritten, using both ink and paper of regulatory quality and use. Please note the use of printed, total or partial. The figures will be written with numbers and letters.
No. 69. Errors: Amplified and interlineated: Any error must be corrected by testing it in a way that is readable and by writing what replaces it then, if possible, or between lines in default, at the foot of the proceedings and before the relevant signatures, the corresponding clarification.
If the error is noticeable after the action has been signed, such clarification shall be made by a subsequent diligence, which must also be signed by the persons who signed the action.
Nro. 70. Foliation: From the beginning of the proceedings, the foils will be sealed and numbered by successive order as the proceedings take place.
The documents and files that are added shall be given the appropriate photo, as specified in the preceding paragraph.
No. 71. Indication of place and time: In any statement or diligence of a summary, prevention, information or record, the place, date and time in which it is performed shall be recorded.
No. 72. Annotations: At the commencement of each diligence, the object of the proceedings shall be noted, and when statements are made, the degree, name and surname of the witness or defendant.
Nro. 73. Attachment of documents: The documents or files that are added to the military judicial proceedings shall be in the manner prescribed in the Nro 70. Intercalation shall be done in such a way that the foliation of the same act, declaration or diligence is not interrupted.
No. 74. Disaggregation: In cases where documents are to be disaggregated in the proceedings, this will be recorded; and disaggregated documents will be replaced by faithful copy.
CHAPTER II: Background and reports.
No. 75. To require agencies of National Gendarmerie:
Where it is necessary to request backgrounds and/or reports, related to military justice proceedings, to other agencies dependent on the Force, they will be requested in the fastest and most directly to the agency to evacuate them, by the heads or directors of the unit that requires it.
No. 76. Time to reply: The required reports and backgrounds must be forwarded within forty-eight hours of receipt of the order, directly to the requesting agency, except for justified reasons that delay the process. In this case, the authority required to supply them shall disclose to the applicant the existing impossibility, setting the maximum date of compliance.
No. 77. Reiteros: If within four days of the order, in the first instance of number 75, or within forty-eight hours of the date set out in number 76, the report or antecedent requested is not received, the applicant shall reiterate it and if the other forty-eight hours are not received, the actant shall not inform the superior authority of his agency, but in this case shall not receive the necessary information.
No. 78. To require agencies outside the National Gendarmerie: When the request for a background and/or reports is to be made outside the scope of the Force, it will be done with the signature of the National Director, Subdirector, Directors of Agencies, Heads of Region, Group or Squadron, unless the requirement is practiced by Judges of Instruction or military courts, in which case the order will be made directly by them.
No. 79. Procedure in case of not being evacuated: When the previous record and reports mentioned in the previous number have not been answered within twenty working days, the same, without prejudice to being repeated, will be personally managed in the respective place or office, if it is within the radius of the Unit. In the event that another twenty working days had elapsed, no reply had been obtained, it would be known to the superiority, in order to induce the authority of the dependant of the requested agency, in order to take the measures of the case.
In the case of reports or backgrounds requested from private entities or individuals, it shall be treated as far as possible, except if they are required by Military Instruction Judges, to personally manage, through the local police authority, and if they are not successful, they shall be dispensed with such reports or backgrounds.
If, however, such reports or backgrounds are required by the Military Instruction Judge on the basis of a summary, and are not provided within ten working days, they shall be repeated so that the requirement is fulfilled in another term equal, subject to the notice of the provisions of article 239 of the Criminal Code.
No. 80. Reports on military services or concepts: Reports on facts, services or concepts of members of the Force are prohibited. Such reports shall be produced on an official basis, only in cases where they are required by judges, preventers, informants, acting or other officials entitled to request them.
CHAPTER III: Complaints.
No. 81. Reports of the press: Whenever personnel in activity, Agency or Unit of Gendarmerie are affected in any way by complaints made through journals, newspapers or other media, the staff referred to or responsible for the area involved, by hierarchical means, will upload to the Directorate of Operations, the print cut or a report with the appropriate judgement elements. These complaints will be evaluated in respect of their credibility even if they did not appear at the first time, the person responsible for them.
No. 82. Anonymous denunciation of offences: If the complaint is anonymous, the competent authority may order an investigation in respect of the reported facts, when by the references or background that contains the deems credible.
No. 83. Of the offences committed by superiors: Not being subjected to the acts of the superiors to the strife of the subordinates, they shall not be allowed to denounce the faults attributed to them. Where the subordinate appreciates that the conduct of his superior, involves a grievances or injury to his or her person, he or she may lodge a claim or appeal.
Except for the allegations of offences.
No. 84. Late complaints: The complainant who has spent more than forty-eight hours between the time he was aware of the fact that he motivates and submits the complaint shall be punished unless the circumstances warrant the delay.
No. 85. Proceedings, defenders or witnesses: The provisions of this chapter shall apply in respect of complaints made by precesses, defenders or witnesses before military courts.
No. 86. Procedure: The authority that receives a complaint shall:
a. Verify the identity of the complainant, expressing in the reception note with which documents he has accredited.
b. If these are facts related to the agency, force or unit in its charge, it will resolve what is appropriate; otherwise, it will forward the complaint, without loss of time, to the corresponding authority.
No. 87. Dismissation: Complaints will be dismissed in the following cases:
a. Those who are evidently unfounded or may not be challenged or may not be brought together in accordance with the Military Justice Code.
b. Those that are formulated exclusively to benefit personally from this, except when crimes are committed.
c. Those who see facts concerning which he has relapsed definitive resolution, or whose repressive action is clearly prescribed.
d. Those who are anonymous, are not credible.
CHAPTER IV: Relations with Civil Justice.
No. 88. Judicial offices: In the judicial offices aimed at the Institution, held in cases where it is an actor, respondent or interested party, intervention - as appropriate - shall be given to the Directorate of Legal Affairs or Officials of Justice of the Region or Agrupation, in order to provide appropriate diligence.
Answer: Such offices shall be answered to the requesting judicial authority under the signature of the National Director or the respective agency or hierarchical level.
In addition, if the information required relates to the conduct of the Force, its diligence should be made effective, in all cases, with the signature of the National Director or Deputy Director of Gendarmerie, in the event of the absence of the former.
No. 89. Statement on military secrecy: In the event that the personnel of the Force in operation or withdrawal, following a legal requirement, must declare on matters that do to the military secrecy, the offender shall inform the requesting authority of such a circumstance, as he shall also request that the corresponding will be sought.
In order to do so, all backgrounds will be raised to the Ministry of Defence, who, according to his assessment, will authorize the deposition or ratify the secret nature of the information. The judicial authorities, if they insist on the declaration, must issue a self-reliance in that regard and share the protection of the secret.
90. Judicial reports: Reports requested by the judicial authorities - which are not covered by the preceding N. 86 - shall be evacuated directly within the time limit set out in the respective Code of Procedures noting the activity of the requesting magistrate.
No. 91. Reports required by the judicial authorities regarding staff assets: They shall be issued as follows:
a. Of the staff in activity, effective service: The number of staff on a regular basis who receive monthly according to their degree, making detailed what is appropriate to pay, supplements and retentions.
b. Of the staff in activity that is available or passive: The total or part of the assets that it perceives monthly, as the case may be, making as far as possible a detail similar to that of the preceding paragraph, and indicating its magazine situation.
c. With regard to the personnel who review the situation of Art. 84 of Act No. 19,349 shall be carried out in a similar manner as set out in subparagraph (a).
No. 92. Compared personnel as defendants: Staff filing orders to the civil justice system, as charged with acts related to or not the service, will be fulfilled without delay. At the same time, the respective superiors will bring the matter to the attention of the Personnel Directorate on the fastest track, if appropriate, by the background of the matter, to provide instructions for the interposing of the resources of the case, or in the event that a matter of competence may be promoted.
No. 93. Personal comparison of senior officers when cited as witnesses in court cases:
The active Senior Officers, who are summoned to the courts, in judicial cases, in order to testify as witnesses, shall personally appear before the judge and not apply for such a statement on their own motion, thereby demonstrating the utmost willingness to cooperate with the administration of justice.
This is so, because the personal compartment of the witness allows for the comprehensive and immediate examination of his or her statements, while making it possible to clarify without delay any doubts about any dark aspect, or to extend the statement in everything that had not been sufficiently explicit.
Identical temperament will be applied to the Superior Officials who are in a retirement situation, given the same reasons expressed above, which determine the convenience of their personal appearance before the Courts of Justice.
Exceptions are those cases in which reasons of service, distance or health, duly justified, accredit the impossibility of wandering or personally appearing in the court of which the summons had emanated.
No. 94. Prohibition of intervening in court cases against National Gendarmerie: Institution personnel, in situations of activity or withdrawal, may not represent or sponsor litigants against the Institution, or intervene in judicial or extra judicial proceedings in matters where the Force is a party.
Nor may he act as a expert in such cases unless he is appointed on the proposal of the National Gendarmerie.
The case of defence of the personal interests, spouse or consanguineous relatives or affinity in the first degree is excluded.
The transgression of this provision is considered to be a serious lack of professional ethics.
CHAPTER V: Communications
No. 95. Communications on criminal justice and military justice proceedings. Preventions, information and records.
a. Criminal Justice Processes:
Within twenty-four hours of commencement of a criminal case involving a member of the Institution (Jefes, Officers, Officers and Gendarmes), the Head of the Region, Group, Institute, Directorate, Squadron, Division, etc., to which the person or the person is responsible, shall inform the Personnel Directorate by radiotelegram.
The aforementioned report - which will be submitted without prejudice to the information part of rigor - will contain the following data:
Date of initiation of the process.
Judge who intervenes.
Case (synthetic exposition of the act).
Grade, surname, name and individual registration number.
Procedural situation of the involved.
Whether or not it provides services (if it ceases to provide services, from and to what date).
Any other data that is considered important.
Subsequently, by the same way, and within twenty-four hours of taking notice, any court order or other circumstance that modifies the procedural situation or some of the other points contained in the first report shall be reported.
Any member of the Institution who is indicted shall notify his or her immediate superior within twenty-four hours of his or her notification of that circumstance and any judicial measure that modifies his or her situation in the respective proceedings, so that the necessary measures may be adopted for the official finding and subsequent compliance with the relevant proceedings.
The Justice Officers of the Regions and Groups, when they are in charge of the defence of a member of the National Gendarmerie, for acts committed by the latter in the exercise of their functions, in the same manner as set out in the preceding paragraph, shall communicate any newness to the Chief on which they depend.
b. Military Justice Processes:
Judges of Military Instruction, headlines and alternates shall inform the Directorate of Staff and the Inspectorate of Justice of the initiation of the proceedings. Such communications shall be made within twenty-four hours by note, when made from the Federal Capital, and radiotelegraphically, from any other point in the country.
The report will contain the following data:
Date of initiation of the process.
Case (synthetic exposition of the act).
Grade, surname and name, individual registration number and destination of staff included.
Procedural situation of the accused.
Any other data that is considered important.
c. Preventions, information and records:
The initiation of any prevention, information or record shall be made available to the Personnel Directorate.
The respective report shall be transmitted radiotelegraphically within 24 hours of the proceedings, and shall contain the following points:
Date of initiation of performance.
Object, with a synthetic exhibition of the fact to investigate.
Grade, surname and name of the staff included.
Grade, last name and name of the Preventor, Informante or Actuante.
Any other data that is considered important.
It will also report the date on which the proceedings are lifted for its resolution, or when the proceedings, for having been returned by a higher instance, are resumed for extension or correction.
In cases of desertion, the date on which the offence was committed will also be reported and the apprehension or presentation of the offender will occur immediately, all of which will be communicated for the purpose of the publication of the off or high on the journal lists.
CHAPTER VI: Defence of personnel charged with acts committed in and by acts of service.
96. Cases where appropriate: When a gendarme is charged or prosecuted before courts other than the military for acts committed in and for acts of service, it shall be entitled to be assisted or defended, as appropriate, by an Institution Justice Officer.
No. 97. Designation Standards: In the case mentioned in the previous issue, the person concerned wishing to intervene by a lawyer, he shall request it directly in writing to the superior who in his jurisdiction has a legal agency or Justice Officer.
Immediately the requested person shall communicate the facts in a circumstance to the legal body or the counsel, who shall decide whether or not to assume the defence, assigning who shall perform the function.
The above resolution shall be informed to the superior who shall notify the applicant.
Assuming the defence of a defendant, the Justice Officer may not resign even if it was verified during the proceedings, that the act was not committed in or by acts of service.
The Justice Officer may be excused from producing opinions in the military disciplinary records instructed to investigate the conduct of the staff whose sponsorship takes place, in the motivating facts of the judicial process, when the evacuation of the same - by virtue of the existence of revelations under professional secrecy - may imply opinions contrary to those contained in the defence briefs that placed him in a situation of moral violence.
SECOND TITLE: INVESTIGATION FORMS
CHAPTER I: Military information.
No. 98. Proceedings and requirements: It is appropriate to instruct information in the following cases:
a. In order to establish the responsibility of staff prosecuted for common crimes before national or local courts.
b. Qualified deserts.
c. In cases of serious misconduct.
d. In all cases where, for the clarification and/or verification of a fact, a written investigation is necessary.
e. In the event of an accident or illness of a member of the Institution that, due to its importance or gravity, may cause a disuse or decrease for the service, whether permanent or transitory.
f. In case the patient or accident asks for it to consider that his condition may cause him unused or decreased for service, transitory or permanent.
g. If frequent parts of disease reveal the existence of a series of conditions.
h. If requested by the person concerned, even if the above requirements are not met if the medical agency admits the possibility that the evil was committed in acts of the service.
I. In cases where staff are in special situation - passive or available - due to illness.
j. When the death of a member of the Institution occurs.
k. In the event of a third judicial embargo or when it comes to debts owed to subordinates.
l. Where the technical report that is required for the purpose is presumed or "first term" arises, that the deterioration or unutilization of property of the National State is due to causes beyond its use and normal care; and that type of action corresponds to the importance of the value of the damage.
ll. In the event of an accident involving a Force mobile phone and the fact may be liable for the national State.
m. In the case of loss of arms or other property of the National State.
n. Any other assumption that the current regulations impose this type of action.
No. 99. Intervention of the Justice Officer: The superior who orders the instruction of a military information and has an assigned Justice Officer shall make the draft of that order initial in accordance with the latter.
Nro. 100. Transmission, responsibility of the instances: Information shall be elevated to the superior who ordered his instruction and if he is not entitled to resolve it, he shall refer it to the higher instance and so on. The lifting of the file without imposing the appropriate sanction, when it is within the limits of the powers of the person who raises the information, is important to avoid the responsibilities that its resolution implies, to infringe upon the nature and essence of the discipline and to prejudice the procedure.
In addition, the bodies and units, before raising information, must verify compliance with the requirements established according to their nature, also ensuring that all aspects necessary for their proper resolution are clarified. Otherwise, they will proceed to return them for expansion.
The intervening bodies will demonstrate whether they share the opinion based on the respective lifting report and, if not, the reasons and foundations thereof.
A circumstantial summary of the proceedings and with the legal qualification of the act should also be made, to give concrete opinion as to whether or not the examination of the background of the person or the person responsible, by the respective rating agency.
Any military record or information that takes place, engenders responsibility for the person who ordered it and for the successive instances where it has been processed in a regulatory manner, in cases of lack of supervision (to make mistakes, to observe omissions or to impose the relevant sanctions).
Nro. 101. Sanctions Imposition: The disciplinary sanctions imposed on the offender or the person who processed the information shall be recorded in the file, giving it the appropriate character; the notification of the sanction must be signed, with clarification of signature, degree, place, date and time, by the sanctioned.
Nro. 102. Designation of the informant: The instructor of an information shall be appointed among the staff of the General Scale of Officers or Sub-officials, in this case, with hierarchy not less than the First Sergeant, having to be of degree at least equal to that of the offender.
Nro. 103. Professional Scale: The designation may fall on the professional scallops, when the causator also reviews them or when the nature of the investigation to practice, requires knowledge of the specialty of the students, or the small number of Officers or sub-offices of the Scalephon General available, thus imposing it. In order for the staff to acquire the necessary practice, this task will be done in a rigorous manner.
Nro. 104. Work of the informant:
a. Exhaustivity: The research work will be exhaustive, for which the knowledge of the facts that are sought to be clarified will be fully deepened, but it will take care not to divert the course of the investigation into intrascendent ends for the resolution of the case, thus avoiding unnecessary diligence.
b. Suspension: The suspension of the task by the informant must be founded, with this being recorded in the information and prior knowledge of the immediate superior of such circumstance, in order for it to order the designation of a substitute for its continuation.
c. Interrogatory: The questions will be asked without an oath of telling the truth, in simple and concise language, not accepting the Instructor the ratifications of the previously published in his report by the question, because the answers must be comprehensive and illustrative to facilitate his examination.
The Informationer shall elevate the interrogation with attached note requesting his diligence through the relevant hierarchical route, when:
(1) The person to question is superior to degree;
(2) It is located in a place outside the jurisdiction, whether a member of the Institution or a civilian;
(3) The offender is a member of another Security Force, military or police.
Please note that civilians are not obliged to appear or testify in military information.
The deponents will be asked specifically, whether they personally witnessed the facts that are being investigated, or are known, by reference of third parties, or by the personnel involved.
The informant may not take statements to minors, but to blind people, who cannot read or write, deaf mutes who do not understand in writing, or who ignore the national language, in which case a skillful witness or interpreter of the language or language will be present, signing both, making him disqualified, with his digitized thumb if he corresponds.
d. Bears: Bears will be practiced whenever contradictions between two or more statements are appreciated, with separate procedures, the conclusions to which they are drawn.
Only those who will be subjected to this measure and, if necessary, the interpreters will attend. Before reading the respective statements that are reputed contradictory, attention will be drawn to those who are lacking on such contradictions, so that they can be reconciled with each other and thus be able to find out the truth.
e. Citation: The summoning of civilian persons shall be made directly through the Head of Origin and if they do not appear, they shall be summoned again through the local police authority, to which effect the request of the case shall be made, following the hierarchical route.
f. Eye inspection and skiing: The informant will be constituted at the site of the fact and then produce a report - without the signature of witnesses - where he will describe the siege and record the indications he finds in order to determine how the event he investigates could occur or that, on the contrary, there is no such indication. It will also create a ski with the corresponding references and add photographs that objectively illustrate the case.
g. Lifting report: At the end of the information or at the end of any enlargement of the information, in the elevation report, the Informationer will make an orderly statement of the facts and their relation to the evidence collected, specifically indicating his opinion and the solution to be applied in the case.
The quotation of leaflets containing the elements of judgment mentioned should be made in order to facilitate the analysis of the acts performed by the superiority to be pronounced in them.
h. Observation of formalities: In addition to strict compliance with the rules on speed, terms, writing, errors, amends, foliation, indication of place and time, marginal annotations, aggregation of military background and breakdown of documents, the Informant must rub each sheet of the proceedings and unuse the blank spaces.
I. Breakdown of duplicates: The informants, upon receiving the originals of the trades they had delivered, will proceed to the breakdown of the duplicates incorporated into the actuaries.
It is also necessary to observe, the wording, respect for the orthographic rules and the prolixity in the preparation of these proceedings, constitute their violation as a matter of disciplinary sanction.
In the case of defendants of serious faults, the military antecedents will be added and when the offender is from the Gendarme hierarchy, the psychiatric test will be glossed and the copy of the service contract.
Nro. 105. Elevation of proceedings: Any action that should not be decided by the National Director, once final order has been issued, shall be elevated to the sole effect of the corresponding annotations and subsequent file to the National Directorate (Personal Directorate).
The inconduct information of the staff, which should be decided by the National Director, shall be submitted to the Office of Legal Affairs, following the hierarchical route.
CHAPTER II: Parallel military information.
Nro. 106. Proceedings of the investigation: In the event that personnel of the Force are brought to trial before national or local courts, a military information will be instructed in parallel to the judicial case, in order to determine the consequences of the incident for the offender within the institutional framework.
Such proceedings shall be carried out within the statutory time frames and shall be settled to the limit of their competence by the respective heads and definitively by the National Director, and whatever the result of the annual process, this does not preclude the institutional weight of the disciplinary infractions in which the offender had incurred as a result of the events.
Nro. 107. Report on the procedural situation of the offender: Regulatory powers to order the instruction of parallel information shall, inescapably, and as a precondition, require of the civil authorities, be they police or judicial, a specific report on the actual procedural situation of the offender, i.e. if it appears as a defendant.
Nro. 108. Retiring Cause: In the case of retired personnel, it is not appropriate to instruct parallel information, except that the act had been committed by the offender when it is uniform, or to review in article 84 of the National Gendarmerie Act.
In the cases where the sentence imposed would result in administrative consequences of the firm and duly implemented judicial resolution, it alone constituted a working and sufficient document to take the measures of the case, without the need to instruct any action.
Therefore, whenever personnel in a situation of withdrawal are brought to trial, the authorities of the Institution who take note of this circumstance will immediately inform the Personnel Directorate, indicating the date, letter of the case, intervening court and secretariat and procedural status of the offender, in order to manage before the judicial authorities a full testimony, with considerations, operative part and record of finding firm, of any conviction.
Nro. 109. Intervention of the Directorate of Legal Affairs: The Directorate of Staff, after monitoring and carrying out the relevant annotations, shall record the situation of the reviewer, destination, sanctions or administrative measures that are discerned to him and the proceedings in which he is involved, after which the proceedings will be turned to the Directorate of Legal Affairs for its Views.
Nro. 110. Testimony of the judgment: All parallel information must be raised by the intermediate authorities, with the testimony of the final and final judgment of the case, which must be managed and added as soon as possible. When it is not possible to do so, the proceedings must be lifted equally, without prejudice to doing the same with the document, once it was obtained.
In the event that the parallel information came to the Directorate of Legal Affairs without such testimony and that it was considered, by the characteristics of the fact, which makes it essential for its addition, to inform the Directorate of Staff, referring to that end the record so that such a remedy could be fulfilled through it. Such an agency shall arbitrate the means for its obtaining by maintaining the reserved cause until it is fulfilled.
This does not preclude the Office of Legal Affairs, at the same time, from advising to increase or impose sanctions and to subject the conduct of the offender to the consideration of the Permanent Qualification Board, as appropriate.
The Personnel Directorate will be responsible for taking all appropriate measures to ensure the timely addition of the full copy of the judgement, with consideration, operative part and record of being firm.
No parallel information may be filed without such a requirement being fulfilled.
Nro. 111. Consideration of the conduct: The conduct of the personnel prosecuted at criminal headquarters shall be examined exclusively in accordance with the rules and provisions governing the Institution, with the only caveat that cannot be questioned in the administrative matters, the existence of an act, the proven guilt in criminal proceedings, or the acquittal of the accused.
Nro. 112. Resolution: The resolution of the parallel information may be delivered at any time - even without the judgement rendered at criminal headquarters - provided that sufficient elements have been collected in the administrative area; however, it may not generally be provided with a favourable provision without a final court ruling (definite termination or dismissal or when there is a provisional dismissal, the time limit for the termination of criminal action is met and thus declared by the intervening judge).
Nro. 113. The acquittal of the accused: The acquittal at criminal headquarters is not an obice to impose in parallel information the disciplinary sanctions that correspond or record in the personal (duplicated) section of the person responsible for its non-imposing, attentive to the prescription of the relevant action, except that the court ruling declares the fact under investigation to be non-existent.
Nro. 114. Condemns of the defendant: In the event of a firm conviction issued at criminal headquarters, such a declaration must be held as indisputable, administrative proceedings must be resolved in accordance with that element of trial.
Nro. 115. Background: When parallel information is instituted, the military background of the offender and his personal legajo (duplicated) should be added, as well as the synopsis of the criminal case brought before the ordinary justice system and, if not, make an express manifestation in the proceedings of the reasons that prevent such seizures from being filled.
Nro. 116. Reports to the Personnel Directorate: The body that controls the processing of the information will make the Personnel Directorate monthly aware of its status, and should indicate the approximate time for completion.
CHAPTER III: Preventions.
Nro. 117. Where appropriate, prevention is instructed in the case of flagrante delicto whose justiciability is within the jurisdiction of the military jurisdiction of the National Gendarmerie.
a. Any violation of the military rules that are repressed with the following penalties is an offence: (1) Death, (2) Inclusion, (3) Major Prison, (4) Minor Prison, (5) Degradation.
b. It is considered "flagrant" or "infragant crime", the one committed in moments of being seen, or just committed, without the author being able to flee.
Nro. 118. Order to instruct them: The authority that has the immediate command of force or the place where the offence has been committed shall order its substance.
Likewise, the above-mentioned authority will simultaneously elevate a circumstantial communication to superiority on the facts produced and request the appointment of a Military Instruction Judge as well as the measures that exceed its powers and which it believes necessary to be taken.
Once the pre-aludite instructor has been present, the prevention will be given to him, and then he will begin the summary.
Nro. 119. Pre-sale Designation: The pre-sellers - who will act without a secretary - must be Officers, at least equal to the causator, except when their intervention is essential. Exceptionally, it shall be instructed by officers in the event that they have the immediate command of the forces or where the offence has been committed.
Nro. 120. Object of prevention: Its purpose is to arrest the culprits, gather the evidence that could disappear and get a direct impression of how the facts have been developed. It is an eminently provisional procedure and its results have no definitive effect.
Nro. 121. Communications: The pre-seller shall immediately inform the Personnel Directorate and the superior of the dependant, whether or not there are detained personnel.
Nro. 122. Transmit: Pre-sellers must take into account:
a. Before starting to act it is appropriate, through an eye inspection or other means of information, to plan the action to proceed with method and in an orderly manner. Provide that prior to the investigation and examinations, there is no alteration of the object of the illicit and the state of the place in which it was committed.
b. That the evidence and evidence to obtain varies fundamentally with the nature of the facts investigated.
c. When it is not possible to collect or secure the material elements of the fact, it will be necessary to take photos or lift a ski of them.
d. When questioning, it must be placed at the place of the question in order to make it easy to understand, without coercion or intimation, or to make promises of any kind.
e. Take statements first to people who have direct knowledge of the facts, then if time permits, just do it with others.
f. Avoid, from the outset, that the accused or witnesses may communicate with each other, but do not thereby abuse detention or incommunicado detention.
g. Activate the process as soon as possible, avoiding the delay in waiting for reports, yes, in the meantime other steps can be taken.
h. Don't get lost in details that don't make it to the bottom of the matter, but to get to the problem and go to the substance of the fact that it's being investigated.
I. In raising the act within the corresponding legal norm that represses it or fails to indicate whether it has only mediated a disciplinary offence.
Nro. 123. Elevation: Once prevention has been completed, in the event that a judge has not yet taken action, the action will be elevated to the superior who ordered its proceedings with a well-founded opinion. Received by him, if he has no authority to order the instruction of a summons, he will also raise it with a well-founded opinion, following the hierarchical way to the instance of the authorities.
The Region Chiefs or the National Director in the event that the commission of an offence to be investigated by a summons is "first-facie", shall order its instruction and appoint a Military Instruction Magistrate of its jurisdiction, in order that it be brought to the conclusion, and that prevention should be the head of the proceedings.
Nro. 124. Term for substance: It is especially remembered that prevention should be carried out within 24 hours of initiation.
CHAPTER IV: Issues of jurisdiction.
Nro. 125. Procedure to be followed by the Instruction Judges: In cases where the Military Instruction Judges must declare their incompetence or raise a matter of competence, they must follow the following guidelines:
a. When a judge considers it necessary to declare his incompetence or to be promoted to him by a judge, a matter of competence, he shall immediately proceed to raise the work of the National Directorate or the Region Chief, according to whom he depends, requesting the corresponding legal advice, notifying the Inspectorate of Justice.
b. Judges when they must declare their incompetence shall proceed to do so, by means of a well-founded self and by adopting the following orders:
(1) Photocopies will be removed from the proceedings in question.
(2) They will extract copies of the car where incompetence is declared.
(3) They shall summarize the competent national or provincial judge, to whom he shall communicate by note that the personnel involved in the case shall be placed at his disposal from the moment he accepts his competence in the proceedings, and shall also inform him of the procedural situation in which he is present.
(4) At the same time, they shall request the aforesaid national or provincial judge, who at the same time declares himself competent or adopts the opposite temper, to notify him in order to proceed accordingly.
(5) In the event that the judge to whom the proceedings were referred is declared competent, he shall refer the records specified in points (1) and (2) preceding - to which the pre-aludited resolution shall be referred - to the authority authorized to order to instruct a parallel information.
6) In the event that the above-mentioned judge does not accept his competence, the matter will continue in accordance with the provisions of the Military Justice Code.
CHAPTER V: Sumarios.
Nro. 126. Order to instruct summaries: The order to instruct summaries will be given by the National Director. Such attribution shall also be exercised by the Heads of the Region with respect to the Judges who have signed, with the exceptions provided for in the Code of Military Justice.
Nro. 127. First Proceedings: If there is merit to do so, the investigating judge shall make an inquiring statement to the alleged offender, if the offender is deprived of his liberty within twenty-four hours of the receipt of the proceedings; or since the detainee has been handed over or placed at his disposal, except for serious impediment, which shall be recorded in the case and in which case the interrogation shall be conducted as soon as possible.
When the detainee is not at the disposal of the Instructor, the Instructor shall require, on his own motion, or any other means of communication, that he be immediately placed at his disposal, to those who have ordered the measure.
The inquiring declaration shall proceed when there is sufficient reason to suspect that a person has participated in the commission of a crime or a fault whose repression requires summary. In case of doubt, for the purpose of avoiding unnecessary procedural rigorism, a statement shall be made with all the precautions and guarantees of the inquiring declaration, without requiring prosecution.
Nro. 128. Procedural situation of the inquired person: Immediately after the inquiring statement was received and separately, the Military Instruction Magistrate shall decide on the procedural status of the inquired person.
Nro. 129. De-processing: In the face of a situation of doubt or absence of sufficient merit to maintain the processing and not being closed the case, the Instructor shall dictate a well-founded decision to declare the de-processing, establishing the liberty of the defendant if he has been deprived of it.
Nro. 130. Continuity and object of the investigation: The Instruction Judges will make every effort to thoroughly clarify all the facts or transgressions that led to the summary, or those that eventually arise from the course of the proceedings, always trying not to lose the hilation and purpose of the investigation.
Nro. 131. Background to requiring: At the commencement of the summary, the Military Instruction Judges will require the criminal and military record to the Personnel Directorate, adding the order that it has to institute the summary, as well as the "Military Criminal Court" necessary to specify the Military Criminal Statistics and the personal legajo of the defendant, dealing with Gendarme hierarchy personnel, will also add the psychiatric test.
Nro. 132. Proceed: The Instruction Judges shall strictly comply with the orders given to them concerning the enlarged proceedings that best suit the achievement of the investigation.
Nro. 133. Communications on initiation or processing: The bodies that order the initiation of the case shall notify the Military Justice Inspectorate and the Personnel Directorate. In the event of loss of armament, the Arsenal Department will also be informed, indicating the mark and the number of the effect.
Nro. 134. Communications concerning the procedural status of the accused: The Military Instruction Judges shall notify the Inspectorate of Justice, the Directorate of Staff and the Accounts of any action taken in the procedural situation of the accused, so that it may place it in the appropriate review situation and the relevant salary retentions set out in substantial regulations.
Nro. 135. Proceedings: Appeals, for processing, shall be directed directly by the exhorting judge to the authority authorized to designate an instructor in the jurisdiction that corresponds to the person's destiny or domicile to question, or where the entrusted diligence is to be performed.
Nro. 136. Exhorts to the Federal Capital or Greater Buenos Aires: In cases where the exhortation must be prompted by a Judge of Military Instruction in the Federal Capital or in the Greater Buenos Aires, the exhorting judge must elevate him to the Military Justice Inspectorate for distribution among the holders of the courts existing in that jurisdiction.
Nro. 137. Decommissioned personnel − Reincorporated: When criminal proceedings are to be brought against low-level personnel, the Instruction Judges are empowered to re-establish them - only for the purpose of their prosecution - and without any further requirement than the order to do so must dictate in cars and communication to the National Directorate (Personal Directorate) and the Military Justice Inspectorate.
It is not appropriate to reinstate the retired as they maintain their military status.
Nro. 138. Re-entry: Re-incorporation to the sole effect of pre-departure prosecution, in the performance of military functions, has no more scope and purpose than to enforce the jurisdiction of the military courts in the event that they are not subject to such jurisdiction or subject to their laws and regulations, for having ceased to belong to the tables.
It does not imply granting or restoring the military state in its rights, honours, and prerogatives, since it is only a procedural measure. Reintegration is so limited in its effects, it only tends to allow criminal action to be carried out. It is only appropriate to re-enter the staff of the low, when the perpetration of crimes is attributed, but not in case of faults.
Nro. 139. Authorization of the defendant to deal with serious personal matters: The Military Instruction Judges and the Chiefs of Depots of Proceedings may grant authorization to the defendants to attend personally, serious matters of a personal or family nature that require the presence of the offender in a place other than that where he is remanded or the seat of the Intervening Military Instruction Court. In all cases the franchises shall be granted for the short term necessary for the fulfillment of their purpose and shall be communicated to the Directorate of Staff and to the Inspectorate of Military Justice, with a detailed expression of its basis; running exclusively on the account of the causator all the expenses that the authorization granted demand, that is to say the transfer - including its custody - and its stay outside the jurisdiction that was.
Without prejudice to the above provisions, authorization shall not be granted when the nature of the offence charged and the circumstances that accompanied it or the personality of the accused is inconvenient to the granting of the benefit because of its danger or the severity and social impact of the act.
Nro. 140. Elevation of the summary . . reports: After the investigation of the case, the investigating judge shall make the final report, for the purpose of raising the case to the authority that ordered its substance.
Nro. 141. Lack of priors or reports to close the summary: If only missing, to close the proceedings, backgrounds or reports that they have already requested, and provided that the nature of them could not modify the conclusions of the final report, the summary shall be raised without waiting for the addition of those, with the record of this circumstance, without prejudice to reiterating the order and sending them for its gloss to the cars, once perceived.
Nro. 142. Legal opinion: The Justice Officers with a seat in the Region Chiefs shall issue judgments in the summons instructed in their respective jurisdictions, and must also, at that time, evaluate the work of the Instructor.
Nro. 143. Enlargement of the summaries: In principle, any extension measure that is deemed necessary for the best processing of the case, which may be prompted without the intervention of the Instructor Judge, shall be ordered or requested directly by the responsible Head; the return of the work to the intervening Instructor Judge or the referral to another Instruction Magistrate should be an exception for the performance of the missing measure.
Any difficulty arising from these enlarged measures should be consulted by the Associate Justice Officer or the Military Justice Inspectorate.
CHAPTER VI: Deserations.
Nro. 144. Formality of the investigation: The facts constituting these offences against the service, the figures of which are described in Chapter III, Title V of the Third Treaty of the Code of Military Justice (Arts. 716 to 723), shall be investigated:
a. First qualified: Through military information (Art. 721 of the CJM);
b. Qualified deserts: Through military information (Art. 721 of the CJM);
c. Three or more desertions: Summary (Art. 722 of the CJM).
Nro. 145. Required to comply with the actant or informant: In accordance with the modalities of the desertion, the Actor or Informationer shall record in the works of the following:
a. It will proceed to accredit the circumstances set forth in Art. 716 CJM.
b. Require the order to capture the offender, leaving a copy in the works of the offender or of which he orders to leave the order without effect in case of presentation or apprehension.
c. Verification measures of the offender ' s whereabouts by delivering the relevant communications.
d. It will add the criminal and military record of the offender.
e. The date of the offender from the journal list and the date of his release upon presentation or apprehended.
f. Interrogate the offender on his knowledge of criminal laws - military.
g. Verifications in the lists or books of francs, licenses, parts of sickness, and punishments according to the case, the corresponding checks are recorded.
h. It shall interrogate the offender, thereby specifying an autonomous and separate diligence from the remaining ones.
Nro. 146. Plants of mayoral elements and arsenals: The planks will be formulated on the basis of the counter-lorn and counting of the garments and equipment and the elements of arsenals provided to the deserter, all for separate items, discriminating the missing effects and those that it has carried with it. Such a counter-lor or count will be performed by the Week Officer, Section Officer, Group Chief, etc., immediately checking a desertion. On the basis of these schemes, it will be made, by the missing elements, a grid with the statutory property charges.
Nro. 147. Profuge Deserter: The processing of the proceedings shall not be suspended on the grounds that the accused remains fugitive. Measures to locate and capture the deserter should be exhausted and the corresponding publications should be requested except for those of edicts for not being appropriate. If the accused was not captured or not brought before the expiration of the legal terms, his or her rebelliousness shall be declared in the case of acquittals by immediately making the decision known to the Personnel Directorate and the Military Justice Inspectorate, with record of the date of the respective car, in order to resolve his or her descent from the ranks of Gendarmerie (Art. 49 Inc. and Law GN 19.349). The performance will always be increased to the Personnel Directorate, for its reservation, to the provision or capture of the offender, or until the time of the statute of limitations is passed or the offender is resolved (Art. 49 Inc. e LGN).
The minimum time required, without interruption - as prescribed by the CJM -, for the limitation of the action is four years, period that will begin to run from the day the defection is repute consummated (Arts. 603 Inc. 4th and 607 Inc. 2nd. in relation to 600 Inc. 5th. CJM).
Nro. 148. Dismissed deserter: No action may be taken when the serious lack of desertion is imposed on a member of the Decommissioned Force, before the investigation is initiated.
Nro. 149. Presentation or apprehension of deserter in the event of the proceedings: This fact, by the authority that ordered the corresponding action, shall be requested to refer it to the Personnel Directorate; the one that shall communicate its acquiescence to the Inspectorate of Justice and the person who proceeds the case shall be appointed, the one who shall continue the investigation by processing, among other actions that may correspond, the statement of the accused, and if the other reason may be justified. In addition, the following guidelines should be kept in mind:
a. Defectors who voluntarily present themselves to the destination or to the police authorities, manifesting the desire to be reinstated, shall remain free, and may be released. Those who are apprehended shall remain in detention, in the unit, with the express record of the adoption of this measure, which shall last until its procedural situation is resolved, which shall be decided within twenty-four hours of the placement of the detainee at his disposal.
b. It will check the effects that the offender reintegrates, realized the integral count of all the elements of costumes, equipment and arsenals, consigning the missing and then making:
(1) New updated table of mayoral elements, with relevant surcharges.
(2) New updated table of Arsenales elements, with the relevant surcharges.
(3) Transfer expenditure table, with partial and total values in place.
This documentation will not be added when it is not appropriate to make a charge, with this being recorded in the performance.
These tablets are "in charge" and therefore they must contain only the first two the details of the missing elements and not those who brought with them the deserter on his return.
For any difference that is subsequently noticed, the personnel involved in the preparation will be responsible.
c. In addition to the mentioned tables and the records of N. 145, paragraphs b. and e., they must be added to the cars:
(1) The medical report that certifies the psychophysical state of the deserter at the time of his presentation or capture, to prevent him from attempting to impute to the service any accident or illness suffered while he was deserted.
To this end, it will be examined by the doctor of the Unit who will produce the relevant report.
(2) The report on the presentation or capture: In all cases of submission to authorities outside the Unit, whether military or police, or apprehending the offender, a report will be requested from the offender specifying the date, time and other circumstances of the submission or capture.
AND ACCIDENT TERCERO TITULE
CHAPTER I: Acts.
Nro. 150. Proceedings: A record must be instituted in cases of non-serious accidents that do not result in unused service or impairment of physical abilities and whose term of healing is not exceeded two months. If the record is initiated, the injury is aggravated or the healing is not operated within that term will continue as information, with its procedures and requirements.
Nro. 151. Content of the record: Any record shall contain:
a. First name, last name, degree and magazine situation of the accident.
In the case of junior personnel, enrolment data will also be recorded.
b. A synthetic and clear description of the form and circumstances in which the event occurred, as well as of the factors that establish its possible connection with the service.
c. The mention of the eyewitnesses that the witness has interrogated, leaving their personal data recorded as indicated in the preceding subparagraph (a).
d. Date of initiation and termination of the registered part of the patient following the misfortune.
e. Military background in the case of junior personnel.
f. Copy of the relevant documentary records of the new book of the Guard of Prevention, Training, Assistance, etc.
g. Provisional medical certificate containing the nature of the injuries sustained and/or sequelae, their importance or severity, probable healing time and possible consequences of the accident for the victim, in relation to their aptitude for the service. To that end, the relevant electro-radiological and other examinations should be carried out according to the nature of the injury suffered, in order to determine the entity of the trauma or effort performed and to serve as an instrumental background in the event that it is invoked as a cause of a subsequent illness. These medical records should be individualized in the record and added certified copy of the Clinical History of the causator.
h. Definitive Medical Certificate.
I. Signatures of the accident, witnesses and the acting.
After the record will be lifted by the actant to the superior who appointed it without expressing opinion.
CHAPTER II: Information.
Nro. 152. Proceeding of instruction: Your instruction occurs in the cases specified in subparagraphs e., f., g., h. and i. of N. 98 of this regulation.
Nro. 153. Content of the information: All information shall contain:
a. The order of their instruction issued by the Chief of Unit or Review Agency.
b. The provisional medical certificate, which determines the nature of the disease, or injuries sustained, or sequelae, their importance or severity, probable healing time and possible consequences for the victim in relation to their aptitude for the service.
c. Medical history and Clinical History.
d. Constance of the date of initiation of the sick part and its termination.
e. Military Antecedents in the case of junior personnel.
f. Statements by the causator and eyewitnesses of the fact cited by the data subject or collected by the informant, to demonstrate the manner and circumstances in which it occurred and its possible connection or not with the acts of the service. In addition, it should be stated whether or not there has been ebriety, imprudence or serious guilt imputable to the offender and whether the offender has been subjected to the treatment recommended by the Military Health.
g. Final medical certificate or medical advice - legal, as appropriate.
h. Uplift report with a synthetic account of the facts and opinion founded on their links to the acts of the service, and the procedure to print the works.
Nro. 154. Information by accident: In information by accident, apart from the requirements set out in the previous number, the relevant documentary records, copy of seats in the Newsbook of the Prevention Guard, Training, Assistance Parties, etc., should be added, as well as:
a. A ski with the detailed description of the place, for which the respective ocular inspection must be performed.
b. Date and time when the event occurred, indicating whether it was causal, intentional, or caused by serious fault of the offender or third parties.
c. If the accident had occurred outside military jurisdiction, a copy of the proceedings should be requested from the police authority.
Nro. 155. Accident in itinere: Without prejudice to the provisions for the case of accidents in general, when "in - itinere" occurred, the informant must deepen the investigation to make the following legal ends perfectly clear: if it occurred on the path of the gendarme's home to the place of service delivery, or vice versa, and if the factors match: the usual way and means necessary for the transfer and lack of serious guilt by the victim.
Nro. 156. Modification of circumstances in accidents in itinere: In the event that the accident occurred under other circumstances than those mentioned in the previous paragraph regarding the place from which the causator started the journey to his service delivery agency or vice versa, or to the way and means used for the transfer, the accident will also be considered "in - itinere", provided that the modifications in the factors concerned are duly justified.
Nro. 157. Probs to be rented: You must also add the following tests:
a. Completion of the registered address by the causator at the time of the event;
b. Report of the respective Chiefs and Documentary Evidence that credit the time of entry or discharge of the accident, as appropriate, to or from the place of delivery of services.
c. Ski or plane detailing the route followed in the emergency, place of the accident, domicile of the accident, place of the seat of the magazine unit, or, if any, place from where the causer started the journey to his service delivery agency.
d. Synopsis of the proceedings before the police or judicial authority on the occasion of the accident, and as far as possible, testimony of the judgement rendered in the case concerned.
Nro. 158. Restitution action against third parties: When the investigation arises that the liability of the misfortune is attributable to a third party, the actant shall notify the Directorate of Legal Affairs by note within thirty days, in order to evaluate the possibility of starting a restitution action against the person for the injury that the event caused to the Force (administrative expenses; unworked days; etc.).
Nro. 159. Accidents in training practices: In cases of accidents that occurred during training, physical training or sports promoted by superiority, copies of the relevant instruction plan should be added to the work, and whether the activity that motivates the investigation was ordered in compliance with the plan, with the respective evidence to substantiate it.
Nro. 160. Accidents occurred during commissions and patrols: When the accident occurred on the occasion or on the occasion of the commission of the service, patrols or reconnaissance, a copy of the order and corresponding part shall be accompanied, and in the absence of the report of the superior who had provided it, with indication of the causes of the absence of such.
Nro. 161. Information for endemic or epidemic diseases: In the information that is instructed for endemic or epidemic conditions, the relevant reports should be required to the specialized institutes, on the index of endemity or epidermal outbreak in the magazine area of the causator, further determining in the specific case of the "Chagas - Mazzas", place of birth and residence of the previous institute.
CHAPTER III: Legal medical advice.
Nro. 162. Legal advice: In any action instructed by illness, injury or accident, in which it is appropriate to add medical advice - legal, it must be first requested to the respective Regional Medical Board, without prejudice to the subsequent intervention corresponding to the Higher Board of Medical Recognitions and Medical Matters - Legal. The Higher Board of Medical Recognition and Medical Affairs - Legals shall issue the relevant medical report - legal in all the proceedings instructed by illness, injury or accident, whose resolution corresponds to the NATIONAL DIRECTION OF GENDARMERIA, for its sole character as an advisory body of that instance, no matter whether the person present or not inutility or decrease is military or civil, and even when they operate in other Military Hospitals,
Nro. 163. Content of medical advice legal: In such advices the Higher Board of Medical Recognitions and Medical Affairs - Legals shall strictly observe all necessary precautions in order to make them clear, logical and reasoned conclusions, based on the background of the case and the relevant medical considerations.
The medical - legal report must contain a detailed statement of all data regarding the circumstances in which the disease was acquired or the accident occurred, as they arise from the proceedings.
In addition, the clinical history of the causer collected on the occasion of its incorporation, those existing until the diagnosis of the disease, and those subsequent to it that may have connection with the disease or injury investigated, for the purpose of a better determination of its etiopatogenia.
Nro. 164. Pronunciación sobre relación de causalidad: In the cases of accidents, the Higher Board of Medical Recognitions and Medical Matters - Legales will be issued on whether or not the condition or injury may be charged to the fact investigated, leaving the legal criterion to the appreciation of the causal relationship of the event with the acts of the service.
Nro. 165. Transmit in case of classification "DISMINUIDO en SUS APTITUDES FISICS" E "INUTIL FOR ALL SERVICE": The precited medical organism - legal must bear in mind that:
a. Whenever "INUTIL FOR ALL SERVICE" is declared permanently to the staff of the Institution, the person must immediately forward an authenticated copy to the Personnel Directorate, which will begin and complete the elimination procedure, without repairing the result of the actions that they have instructed or are instructed on the basis of the illness or accident.
b. Also for the purposes of the issuance of the medical report referred to in the previous two numbers, the Higher Board of Medical Recognitions and Medical Matters - Legal shall recommend whether or not it is necessary for the person to be granted greater sick leave, or to exhaust the period of stay provided for in article 64 (a) subsection (3), and subsection (2) (e) of the National Gendarmerie Act; taking into account that this is no longer indispensable when it is to be classified.
c. When the staff is classified "DISMINUIDO en SUS APTITUDES FISICAS" on a permanent basis, and it is not possible or convenient to provide services or change to another scale where, if any, the Personnel Directorate will submit to the person, on the first occasion, to the respective Qualification Board for the purpose of considering its elimination, the one to be decreed relevant will be effective, taking into account whether the inability of service originates.
Nro. 166. Incomparency of the person responsible for medical review: If the person who is retired does not submit or does not justify his incomparency to the medical review, he or she will be summoned again on the notice of being disciplined and of ordering the suspension of the withdrawal payment, measures whose application, if any, shall be requested from the competent authority. In addition, you will be warned that in the event that the Force does not appear, it will not be held responsible for the sequelae produced by the disease, outside the control of the medical service. The same prevention will be made to those who are in the same situation.
CHAPTER IV: From the resolution of proceedings.
Nro. 167. Resolutions of the lower instances: When the offender had not exceeded the two months with part of the sick, nor did he result in military inutility or decrease, or civil labour incapacity, or his death, the proceedings shall be decided by the Directors, Heads of Unit, etc., and forwarded to the Personnel Directorate for his file, without having to be seen by the Directorate of Legal Affairs.
In the resolution of the proceedings, however expressing it in the considerations, the number of days with part of the observed sick, the psychophysical aptitude of the offender, and the causal relationship with the acts of the service must also be recorded in the resolutive part.
Nro. 168. Resolution of the National Directorate: In all other cases not contemplated in the preceding number, the proceedings shall be elevated for its resolution to the National Directorate with a strong opinion on the fact of the authority raising and legal opinion of the Justice Officer assigned to it.
Nro. 169. Required to perform by the staff management: When it is appropriate to take action to the Directorate of Legal Affairs, the Personnel Directorate will leave in the proceedings, previously, expresses record of the days with part of the patient, situation of magazine recorded by the causator following the investigation and computation of the simple years of services it records. Also, before the referral of the file, you will verify whether the Higher Board of Medical Recognitions and Legal Medical Affairs has issued the corresponding medical advice - legal, giving intervention to the said agency in the event that it had not turned it, or that for more than six months since its issuance has lost its current status.
Nro. 170. Negative of the causer to intervene surgically: If the staff refuses to be surgically intervened, the Higher Board of Medical Recognitions and Medical Affairs - Legal and Regional shall make a record stating the specific treatment advised and the reasonable percentage of recovery, letting the person know that his refusal will exempt the Force from the consequences it carries.
CHAPTER V: Deaths.
Nro. 171. Special information on death: On the occasion referred to in paragraph j. of N. 98. of the present regulation, Heads of Region, Group or Squadron of whom it depends, shall immediately order the instruction of a "special information for death", in order to make sure that the death occurred or not in or for acts of service.
Nro. 172. Time limit for your instruction: Such information must be handled without prejudice to any other action that is legally or regulatoryly in the obligation to instruct, within ten days, adding in all cases as a fundamental document, certified photocopy of the legalized death certificate of the offender.
Nro. 173. Special information requirements for death: The informant shall:
a. Carry out only all the proceedings and gather all the evidence to determine whether or not the death may be considered as having occurred in or by acts of services.
b. Add certified photocopy from the legalized death certificate.
c. To evade all the actuated by issuing informed opinion on the facts.
Nro. 174. Elevation of the information: With the conclusions reached, the information will be raised directly by the authority that ordered its instruction to the National Directorate (Personal Directorate) who will forward it to the Directorate of Legal Affairs to issue its opinion and design the relevant provision.
Nro. 175. Medical advice legal: In cases of sick death, the Personnel Directorate, before submitting the file to the Legal Affairs Directorate, will send it to the Senior Board of Recognition, Doctors and Medical Affairs - Legal to produce a comprehensive report on the etiology of the disease and its relation to the acts of services.
Nro. 176. Common information for death: In parallel to the special information, the "common" must be ordered or instructed, in which it must work:
a. Certified photocopy of the legalized death certificate.
b. A destination given to the body (inhumed or cremated).
c. Clothings with which it was inhumed, its detail and price in the case of being provided.
d. Acts with the items provided for by the extinct; corresponding payroll of the missing persons and if the corresponding charges were made.
e. Act with the elements of Arsenales provided to the offender; corresponding payroll of the missing persons and if the respective charges were made.
f. Detail of the particular effects of the extinct, whether they are delivered to their relatives or in possession of the one they are in, should be added to cars, if any, I receive the delivery.
g. Establish if there are any outstanding payments, including the proportional part of the supplementary annual salary.
THIRD ECONOMIC STATE
CHAPTER I: General precepts.
Nro. 177. I have to contract debts: The situation of "habit" is given when the defendant has more than two judicial embargoes recorded in a maximum period between the previous degree and the current one. It is worth saying that the affectation of a third embargo constitutes habit if together with the previous two embargoes are given to the same degree or between the previous degree of the causator and current.
Nro. 178. Relapse into debt: This situation is criminalized when staff have already been punished once for the habit of contracting debts.
Nro. 179. Conceptual difference between habit and "reincidence": The habit is the entrenched habit of contracting debts. Repetition constitutes a legal situation that imports a new commission of the offence.
The various instances to which the proceedings are to be resolved must bear in mind that the institute of recidivism in its application requires the prior existence of an earlier sanction.
Nro. 180. Lifting of the embargoes . deadline for payment: Any judicial embargo must be lifted within thirty days of notification. If the lifting does not occur within the specified time limit, the superior may impose a remediation on the debtor.
Nro. 181. The state of necessity as a waiver of sanction: As a valued pattern of conduct, it is understood that debts are due to a reason of necessity, when they have been motivated to meet essential needs of food, clothing, room or health. In deciding on the issue, it will be a substantial judging factor in the weight of the offender ' s income and the number of dependents.
Nro. 182. Principles on Repression - General Precepts: As a disfavor to ethical duties, disciplinary punishment must be imposed on those who, without the need for judicial embargo or even such precautionary measures:
a. Hiring debts for vicious reasons;
b. It uses ardids or artifices, caution or capcise combinations to ask for or obtain money or other things;
c. Contracts pecuniary obligations of any nature with the guarantee of subordinates;
d. It gives rise to the embargo of a comrade for debts due to his guarantee;
e. As an officer, he contractes debts with subordinates, it is more serious if it is with Gendarmes staff.
Nro. 183. Embargoes for food, bounty litis, etc.: As a general principle, precautionary measures motivated by food, waste litis, etc., will not be subject to disciplinary punishment, nor to an adverse qualification. However, such measures will be applicable or the embargo will be considered as an unfavourable qualification background, when the facts prove detachment or negligence in meeting family needs or a slain proceeding.
Nro. 184. Embargoes derived from bonds or guarantees: Those who, as a result of having granted a bond, are seized shall be considered as principal debtors, for the purposes of the repression established for this type of act.
Nro. 185. Miscarriages: The embargoes locked to the staff by mistake will not carry any disciplinary measure, nor will they be considered as an unfavourable record for the purposes of the qualification.
Nro. 186. Background request to the Personnel Directorate: The staff management will proceed to request, once the proceedings have been completed, the background on the economic status of the offender. The above-mentioned agency shall, for this purpose, report on the previous embargoes, which the offender registers, the payment arrears in which he has incurred, the applications of creditors, the disciplinary or administrative measures taken and any other data that contributes to clarifying the ethical behaviour of the staff in the fulfilment of their financial obligations.
It is necessary to place on record information, however, of the date on which the respective causative person becomes aware of the precautionary measure and whether the offender cancels the debt and lifts the setback, in order to adequately match his conduct.
CHAPTER II: Forms of research.
Nro. 187. In this case, the facts must be investigated by means of information.
Nro. 188. Disfavourable to ethical duties: In this case, the facts should also be investigated through information.
Nro. 189. Recidence supposition: The facts should be investigated through information.
Nro. 189 Recidence supposition: The facts should be investigated in summary, in view of the fact that the penalty to fall could be the dismissal.
CHAPTER III: Of the loss, unuse or deterioration of State property.
Nro. 190. Unuse of goods for use or for time: No military actions will be instituted when the deterioration or unutilization of the property effects provided causes:
a. Compliance with the minimum time allocated by the respective supplier agencies or;
b. The use or depletion by duly verified circumstances through a technical expert report to be made pursuant to N. 202.
The decommissioning of such property and its discharge as a collection material in these cases shall be managed by the organic elements responsible for the property, raising to that end, on the dates to be determined, following the command line, the necessary documentation established by the National Directorate. Moreover, such a discharge and discharge as a regression material may also be ordered as a result of the logistical inspections carried out by each organic element responsible for the property, based on the specific regulations governing it, approved by the National Directorate.
Nro. 191. Obligatoriedad de instruir acciones militares: Only military actions will be instituted, when the "first facie" of the technical report that will be required to do so is presumed or arising, that the deterioration or unuse of the goods is due to causes beyond their normal use and due care.
Nro. 192. Formalities of the proceedings and powers of the bodies: In order to determine the formality to be printed to the proceedings and to establish the terms of reference of the bodies, the following procedure shall be followed:
a. When the Heads of Squadron, Group, Region, Directorates and Agencies of the National Directorate and National Director are to be held responsible, they will be verbally reported and resolved accordingly, without the need for any record, when the value of the effects or repairs does not exceed AUSTRALES SEISCIENTS OCHENTA (680).
When the value exceeds that amount and does not exceed the AUSTRALES MIL TRESCIENTS SETENTA (1,370) a record shall be lifted, in accordance with the provisions of number 194, and shall resolve it.
b. Where no liability is determined and, consequently, the effects or reparations must be given from the national state of the country, a record shall be broken, in accordance with the provisions of the number 194, provided that the value of the latter does not exceed the AUSTRALES MIL TRESCIENTOS SETENTA (1,370).
In both cases, the above-mentioned bodies may resolve the proceedings without requiring legal advice, even if they have an Associate Justice Officer.
c. When responsible is to be made, and the value of the effects or repairs exceeds the sum of AUSTRALES MIL TRESCIENTOS SETENTA WITH A CENTAVO (A1,370,01) and even the sum of AUSTRALES DOS MIL TRESCIENTOS (2,300), information will be instructed, which will be resolved by the Heads of Group, Region, Directorates and National Agency.
d. When the effects or repairs are to be given from the National State, information will be instructed, which will be resolved, when the value of the effects or repairs is superior to AUSTRALES MIL TRESCIENTOS SETENTA WITH A CENTAVO (1,370,01) and to the sum of AUSTRALES DOS MIL QUINIENTOS SESENTA (2,560) by the National Authority,
When this amount is exceeded, and even the sum of AUSTRALES TRES MIL OCHOCIENTOS (3,800) will be resolved by the Region, Directorates and Agencies of the National Directorate and National Director.
e. When responsible and the value of the effects or repairs are to be made more than AUSTRALES DOS MIL TRESCIENTS WITH A CENTAVO (2,300,01) and up to the sum of AUSTRALES TRES MIL OCHOCIENTOS (3,800), they will be resolved by the Region, Directorates and Agencies of the National Directorate and National Director.
f. The National Director will resolve all files when the value of the effects or repairs exceeds AUSTRALES TRES MIL OCHOCIENTS WITH A CENTAVO (3,800,01).
In all these cases, the proceedings shall be decided upon by the judgement of the Justice Officer assigned to the corresponding level.
Nro. 193. Updating the amounts: Because the values set in the N. 192. To establish the resolutive competence of the different levels, they may be outdated, such amounts will be readjusted semi-annually from April 1989, according to the rate of wholesale non-agricultural prices published by the National Institute of Statistics and Censuses or public dependence that happens in that task in the future.
Nro. 194. Provision of records: In cases of loss, unutilization or deterioration of State property, without criminal liability attributable to any staff of the Force, the following shall be established in the record:
a. Name and surname, grade and magazine status of the gendarmes or gendarmes whose charge was the motive effects of the procedure, adding the enrolment data when it comes to Gendarmes.
b. A synthetic and clear description of the form and circumstances in which the fact has occurred.
c. A mention of witnesses interrogated by the acting Officer or Assistant Officer, indicating their personal data in the same manner as indicated in subparagraph (a).
d. Signature of the gendarmes or gendarmes mentioned in that section, of the interrogated witnesses and of the Commissioner ' s Officer or sub-office.
Nro. 195. Resolving powers in respect of property owned by the army: When it comes to goods made available in loans by the Army to the institution, the proceedings shall be regulated by the same procedure established in this regulation, which includes in all cases the exercise of the disciplinary powers and their administrative resolution in accordance with the limits of jurisdiction assigned to the authorities.
In accordance with this, the organizational authorities of Gendarmerie Nacional shall have the same powers as in the case of elements belonging to the Force.
For the purposes indicated, since the object of the proceedings is constituted by the goods mentioned, the relevant record of their origin must be recorded.
Nro. 196. Elevation of the resolute actions: The actions decided within the competence of the Heads of Squadron, Agrupation, Region and Directorates and Agencies of the National Directorate shall be elevated to the Logistics Directorate so that, with the intervention of the respective area, the measures ordered by the decision-making bodies and their subsequent archives, if they are Gendarmerie's assets.
In the event that the workers deserved technical objections, the Logistics Directorate will return them to address the identified deficiencies.
Such a procedure would also apply in relation to the property of the Army.
In addition, in all cases, even if the proceedings are decided by the National Directorate, the respective Logistics Commands of the National Authority shall be subsequently intervened, for the purposes of their registration and disclaimer and if they have been held responsible, the respective amounts shall be forwarded to them, through the General Accounts.
Instances with decision-making powers in the resolution of the proceedings involving the personnel of the Force shall make a copy of the resolutive order for the Directorate of Staff (Judiciary Section), for file in the IIa Documentary part of causator.
Nro. 197. Values to be taken into account in order to attribute competencies: To set the terms of resolution of the different instances, the amounts should be considered in all cases only in terms of the value of the effect or effect or of reparation, i.e. the position itself, without taking into account the amount of any surcharge to apply.
CHAPTER IV: Rules of procedure.
Nro. 198. Pre-sumption military prevention: In all cases, any value of the effects or reparations, in which the existence of malicious intent in the responsible is verified or presumed, a military prevention will be carried out.
Nro. 199. Loss of armament: In cases where subtraction occurs by third parties not subject to military jurisdiction, or losses, disappearances, misdemeanours or diversions of firearms and/or components of the armament, provided or assigned on loan to the Institution, military information shall be instructed.
Nro. 200. Loss of armament, complaint to the Federal Justice: In the event of setting up the loss or removal of firearms and/or elements of the armament, the informant must report the facts to the Federal Justice.
It is also appropriate to request the publication of the SECUESTRO request for the armament to the Directorate of Operations (Police Department).
Nro. 201. Loss of armament, intervention of the Qualification Boards: The diversion or loss of the supplied weapon will be considered as an unfavourable antecedent and except that they arise from the extreme evidentiary actions that exempt from liability, the perpetrators will be submitted to the respective Qualification Boards. In this regard, even if such a measure is not adopted, the above-mentioned facts will always be regarded as an unfavourable background for promotion, by the above-mentioned boards, when dealing with the offenders, unless it is proven that the loss or diversion was due to a fortuitous case or force majeure.
Nro. 202. Technical reports, produced by personnel other than the unit responsible for the elements: The technical expert reports to be produced in the proceedings shall be required by the informants to personnel of a unit other than the one responsible for the property, Likewise, in cases of importance, photographs of such elements should be added to appreciate their status by the higher authorities.
Nro. 203. Intervention of the supplier agencies: In all cases where the proceedings must be resolved in the National Directorate, before being referred to the Directorate of Legal Affairs, the relevant intervention shall be taken by the agency providing the elements, for the purposes of:
a. Technically value the content of the proceedings;
b. To give an opinion on emerging property responsibility.
Nro. 204. Specific table of values of the elements to determine the resolutive competence: When any action by State property is initiated, the total unit values of the elements shall be required from the supplier agencies for the purpose of making and adding the relevant specific tables. The resulting economic values will have as the main objective to determine which body or organic level will be to resolve the proceedings in accordance with the assigned jurisdictional limits.
Nro. 205. Price of the elements, valuation of the effects that do not appear on tariff lists: To fix the property value of the State assets, the price of the square will be taken as a basis and as a general principle. If updated tariff lists exist, the value of the effect will arise from them.
In the case of goods, elements or materials that are not included in the respective tariff lists, as well as in the case of automotive vehicles, the resulting price shall be determined taking into account the state of the good at the time of the facts of the charge. The assessment will be carried out by the supplier units that can to that end require reports to public and commercial entities and to the National Safe and Insurance Fund and the National Safe and Savings Fund.
The amount of depreciation for use will be assessed by assessing the judgement elements of the proceedings or the expert reports required for that purpose.
Nro. 206. Valuation of the elements in tariff lists: In these assets the value of replenishment from the responsible person shall also take into account the status of the element when the facts occur, which shall arise from the records of the proceedings or from the expert reports that are required to that end. The valuation will be carried out by the supplier units.
Nro. 207. Updating the amounts: Once the assessment resulting from the elements has been determined if more than 90 days have passed since that valuation, the resulting price will be updated using the official price index wholesalers non-agricultural, which will be carried out by the supplier agencies of each element.
Nro. 208. Preparation of the respective value planks for responsible property charges. Opportunity in which they will be made: Agencies in charge of this task: The preparation of the value planks for property charges, will be carried out by the respective agencies suppliers of the elements, at the stage of the process prior to the resolution of the proceedings.
Nro. 209. Imposition of patrimony for a value less than the price and recharges of the effects: When of the evidentiary elements gathered in the proceedings it arises that the imposition of the patrimony, in its entirety, is an excessively serious measure, contrary to the legal principles of fairness and reasonableness, it must be fixed in its just limits in such a way that it does not prove disproportionate to the economic capacity of the responsible.
Nro. 210. Preventive charge: The preventive charge shall be taken as long as it emerges sharply through the results of the investigation (technical reports, statements, etc.) the responsibility of the direct or indirect causers of the fact.
The same procedure shall be adopted when the offender is in the process of being discharged.
The instructor, on the opportunities mentioned in the hierarchical way, must request the formulation of the post by using a note addressed to the body responsible for the resolution of the persons employed. This level, if you have an assigned auditor, after the intervention of the assigned auditor in the draft order, will give effect to the measure. The preventive charge will cover the tariff value of the element or its repair, with more due surcharges.
The preventive charge will begin from the time of its imposition with the intervention of the Accounts.
Nro. 211. Celerity in the process of proceedings: It has been proved on numerous occasions that the action of restitution of the State for damage caused by third parties is prescribed at the time of exercise, the Judges of Military Instruction of Gendarmerie, Informantes, Preventors and Actors and, in general, all those personnel involved in the proceedings in which damages against the State are investigated, will print the maximum amount of the records,
Nro. 212. Communication to the Directorate of Legal Affairs: When the investigation results in the fact that those responsible for the damage are third parties, the Military Instruction Judges, Reporters, Preventors, Actors and in general all those personnel involved in the proceedings shall notify the Directorate of Legal Affairs, within thirty days of the commencement of the proceedings, or before, if it has been concluded, of the circumstances, accompanied by a copy of the conclusion. The Directorate of Legal Affairs shall refer an intimation to the third party responsible for the purpose of claiming the payment of damages and suspending the course of the statute of limitation of the respective resarcitoria judicial action.
CHILD TITLE: PROCEDURE IN FALTIA
CHAPTER I: General concepts.
Nro. 213. Offences: Military offences and offences are considered by the Military Justice Code and other laws and regulations applicable to National Gendarmerie.
No. 214. General principles: Misdemeanours are sanctioned by the sole authority of the superior in accordance with his own judgement, within his powers, in accordance with the table (Annex I) of these Rules and in accordance with the following guidelines:
a. Officials in the activity of the General Scaffolding shall directly apply the penalty, if it is subordinates, but if there is an immediate common superior, it shall be communicated for the purposes set forth in N. 221.
b. If these are unsubbordinated subordinates, the Officers in the activity of the General Scale shall proceed:
(1) As the offender of the General Scaffolding for any kind of fault or of the Professional Corps for faults in this respect, he shall be punished by announcing immediately the superior of which the offender depends, to the effect indicated in number 221.
(2) In the case of the Professional Scaffolding, for faults related to its functions, the superior of the offender, the imposition of punishment, shall be requested.
c. The Professional Scaffolding Officers, if they are subordinates, will directly apply the penalty.
d. In the case of unsubbordinated subordinates, the Professional Scaffolding Officers will proceed:
(1) In the case of offences in this regard, they shall punish without distinction of scalfron, immediately notifying the superior of the offender to the effect indicated in N. 221.
(2) In the case of offences not covered by subparagraph (1) above, the superior shall be requested by the offender, the imposition of punishment.
e. Retirement Officers have no disciplinary powers except when they serve under Art. 84 of Act No. 19,349, second paragraph and only for the staff dependent on it.
No. 215. Standards for their exercise: The one who imposes disciplinary punishment must always exercise firmness, restraint and high sense of justice and impartiality, ensuring that the punishment is proportionate to the nature and gravity of the fault; and for the proper graduation it must take into account not only such nature and gravity, but also the character of the culprit, his habitual conduct, his education and intelligence, as well as the services he has provided.
Nro. 216. Exercising disciplinary powers: Failure to impose sanctions on a superior within the limits of his powers matters to circumvent the responsibilities that are his own and his resolution undermines the nature and essence of the discipline, considerably damaging the speed of the procedure.
When, in the opinion of the superior who considers the fault, the maximum of his disciplinary powers for the just repression of it is not sufficient, he shall immediately apply the punishment to the limit of his powers, provided that the nature of the latter permits it; he shall make known to the superior to the corresponding person expressing that circumstance.
The superior who receives the communication and makes similar appreciation that the subordinate shall exercise his disciplinary powers, and shall in turn give knowledge to the superior to whom he is concerned, if he believes that further punishment is necessary.
In the same way, the top hierarchical bodies can be visited until they reach the President of the Nation.
When the nature of the punishment corresponding to the fault, it could only be imposed by a given authority, it will be brought to its knowledge following the hierarchical pathway.
Nro. 217. Non-official powers: Officers are only empowered to order arrest, and when they do, they will immediately notice the lack of the Officer on whom they depend, who will proceed in accordance with the general principles of this chapter.
In cases where the officers exercise the command of an organization or group in their charge, they shall have the power to impose arrest in accordance with the disciplinary powers of Annex I to this regulation.
CHAPTER II: Forms of disciplinary repression.
Nro. 218. Mild fasts: All those that are not included in the qualification set out in the following number will be considered minor faults.
The minor faults are punished without being filled with other formality than to notify the punished person, to record the relevant registry and to provide the necessary for their compliance.
Nro. 219. Serious faults: The following punishments may be considered serious faults:
a. Officers: Destitution; suspension of employment; suspension of command for a longer period of one month; arrest for a longer period of one month.
b. Sub-officials: Destitution; confinement; recharge of service; dismissal of sub-official; suspension of sub-official for a period longer than two months; arrest for a period longer than two months.
Severe offences are punishable by prior information, except in cases where the Code of Military Justice establishes a preliminary summary.
CHAPTER III: Graduation of punishment.
Nro. 220. Classes and extension: The class and extension of the punishment is freed from the prudent arbit of the superior who imposes it, within the limits and powers that each one states.
Disciplinary sanctions, in order to produce the effects for which they are instituted, must be met with full restraint. Therefore, when there is no means to give effect to a sanction, it is preferable to change it by another, which is fulfilled in the manner indicated.
In the case of the imposition of arrest on heads and officers, the notice equivalent to a certain duration of arrest shall be used, except in special circumstances where the severity and nature of the offence require the enforcement of the arrest.
Nro. 221. Comptroller of the punishments: The superior exercises the pain of the punishments imposed by his subordinates, being able to replace them, decrease them, increase them to the limit of their own powers, or leave them without effect. When it resolves to make use of the powers that precede, either to reduce the punishment or to leave it without effect, it will do so in form and so that it does not undermine the authority of the subordinate who imposed it.
He also exercises the pain of the punishments imposed on his subordinates by gendarmes who do not depend on him, provided that he is empowered by his degree in office.
If the last assumption is not made, it must inform the common superior for the punishment.
Nro. 222. Agravation: Misdemeanours assume greater gravity when, due to their transcendence, they harm the service or commit the Institution; when they are repeated; when they are collective; when they occur in the presence of subordinates and the greater the degree of those who commit it.
Nro. 223. Accumulation or concurrence of faults: When two or more different faults are committed simultaneously, the punishment corresponding to the greatest importance will be applied, its duration increased in proportion to the number and quantity of the other infractions; but the duration of the punishment cannot exceed the limit corresponding to the quality of the imposed punishment and the disciplinary powers of the superior who condemns it.
Nro. 224. Alternative punishment: In cases where the Military Justice Code, other laws or decrees establish alternative punishments for a particular offence, the imposition of such punishment shall be ordered by the authority empowered to impose the maximum amount of the repression for that offence.
Nro. 225. Misdemeanours committed in the presence of a superior and subordinate of this: When a fault has been committed in the presence of a superior to whom it would be appropriate to repress it, no subordinate may do so, unless authorized by it.
Nro. 226. Transgressions of the graduated staff of the institutes and of the newly incorporated into the ranks: The minor violations in which the newly graduated officers or sub-offices of the respective training institutes could incur, as well as the newly incorporated staff, who do not affect the discipline and who clearly reveal themselves to be the unique consequence of the undue practice in the service, should preferably be corrected without immediate recourse to any military disciplines.
CHAPTER IV: Annotation of punishments.
Nro. 227. Officers: In any unit of the force, a reserved "Book of Chastisement" will be carried out, in which the sanctions imposed on the Officers will be noted.
The book will be foliated and will be personally taken by the Chief.
The annotations of this book shall include: name, surname and degree of the one that imposes the penalty and the punishment, the reason for the punishment in a concrete and clear way, its class and duration; as well as the record of the notification of the imposition of the offender.
Nro. 228. Unofficial: The punishments shall be consigned in the "Pillar of Punishment", which shall be made daily in the unity to which the punishment belongs, whatever authority it imposed. It shall be signed by the Chief of such unit or Officer to replace it. The board will be handed over to the Service Officer to order the annotation in the "Book of Punishments" of those punishments whose monitoring and compliance is in charge of the guard; in fact, it will establish in the table the respective record of its intervention and will return it to the unit of origin for its annotation and archive.
Punishment shall sign the information on the back of the punishment plan and shall note the date on which they were aware of the punishment imposed.
CHAPTER V: Resources.
Nro. 229. Cases in which they proceed: The gendarme who considers that the punishment imposed on him is excessive in relation to the date committed or is the result of an error may, after beginning to comply with it, initiate recourse to the superior who imposed it in order to leave it without effect or to modify the penalty. It may also appeal when it considers that the superior's procedures to his or her person in the service or outside the service affect his or her status as a subordinate.
Nro. 230. General provisions:
a. Any gendarme who is willing to initiate a remedy is obliged not to initiate it but after careful reflection.
b. Anyone who considers himself to have sufficient reason to appeal should prefer to do so before murmuring about the cause of his discontent and failing for it.
c. The lower the number of resources the better established the discipline will be, this principle must be borne in mind for the qualification of the perpetrators of the resource, when they are numerous and justified.
d. Collective resources are prohibited.
e. The submission of a remedy does not dispense with obedience or suspend the fulfillment of an order of service.
f. Any superior to whom a remedy is directed must serve it preferably, verify whether it is founded and resolve it according to the principles of equity and justice without weakening the principle of authority, necessary for the maintenance of discipline.
g. The superior to whom a remedy is to be resolved may request the reports he considers necessary for the best resolution of the remedy.
h. In the submission of the appeal, it should be noted if, before any authority, the same request has been made, mentioning its background and the relapsed resolution.
I. When the appeal is simply dismissed, it will be recorded in the personal legajo of the person concerned.
j. When the presentation is evidently malicious or reckless and for this reason resolved unfavorably, a disciplinary punishment shall be imposed on the applicant, and her attitude should be carefully examined as it might be, rather than the work of a bad faith, the result of error or ignorance.
Nro. 231. Deadline for submission: The remedy may be filed only after the principle of compliance with the sanction imposed, or if it has been harmed by the superior procedure. The same shall be submitted within the following ten days.
Any person who considers that the punishment imposed on him is excessive or the result of an error must immediately comply with the order, but may request from whom the necessary permission was imposed to make respectful observation; and granted the permission shall limit himself to expressing his reasons, abstaining from comments, considerations or replicas. If you do not use that right, or you are denied permission, or granted you do not give rise to the request, you may file a written appeal in accordance with the formalities set out in this chapter.
Any person who has been punished may be subject to another punishment for a different reason, may appeal to the latter within the term established on the basis of his notification.
Fajina sanctioned inside the barracks, after having begun to comply with the punishment, may appeal to the superior who monitors the fact that they wish to appear before the superior who imposed the punishment on them, to which effect they will be granted the corresponding permission.
Those punished with a dungeon shall apply through Corporal of Fourth to the corresponding veins of the Chief of Guard and Service Officer to appeal to him who imposed the punishment.
No. 232. Requirements: To be admitted a remedy, you must:
a. To be presented within the deadline.
b. To be formulated in respectful terms, which do not affect the authority or dignity of the superior.
c. Be based on the facts that are expressed, on the right to be alleged or on the reasons for fairness that are sufficiently explained.
d. To be presented to the corresponding instance. Requests that do not meet the above requirements shall not be taken into consideration.
Nro. 232 bis. Instances: For the purposes of the interposition of the relevant resources, successive instances are considered to the superiors in ascending lines, who hold the positions that are located in the respective command chain. For the personnel of gendarmes, junior officers, senior officers, junior officers and chief officers, the last and final instance is the national director of Gendarmerie; for senior officers, the President of the Nation.
(Article 1 Decree No. 460/1992 B.O. 24/3/1992.)
Nro. 233. Processing: The processing of the resource shall be carried out in accordance with the following rules:
(1) The superior who motivates him, within the unit or unit, shall be verbally made if he is not originated by provisions made in a trained record.
(2) When it was done verbally and the superior did not take place, if the applicant wishes to follow the other hierarchical instances in pursuit of a different resolution, he will renew it in writing, so that the superior reiterates his refusal in writing and can thus be elevated to the higher instance.
(3) In other cases, the remedy shall be initiated in writing and submitted for lifting to the superior of the dependent.
(4) For the resolution of resources, the following deadlines shall be:
Heads and two. Heads of Squadron or Vial Highlights: 2 days.
Heads and two. Group Chiefs and Area Directors: 4 days.
Heads of Region and Instruction Centres: 8 days.
National Assistant Director: 10 days
No term is established for remedies to be resolved by higher authorities.
(5) The superior will then settle and notify the applicant.
6) If the person concerned does not conform to that resolution, he or she will initiate a new appeal in a position of insistence, against it, within forty-eight hours, by founding and directing it, through the corresponding channel, to the same superior who dictated the resolution, asking the superior to constitute the following instance.
7) The superior of whose resolution is made shall promptly forward the file to the appropriate person.
8) The superior who receives the file shall proceed in the manner previously established and so on, and the person concerned shall not be in conformity with the resolutions issued shall follow the successive instances referred to in the 232 bis. (Replaced by art. 2° Decree No. 460/1992 B.O. 24/3/1992.)
STATE PROCEDURES IN THE MATERIA OF
CHAPTER I: Preventive detention.
No. 234. Cases where appropriate: A superior may order pre-trial detention of subordinates or subordinates, where there are substantial grounds for considering them responsible for an offence for which pre-trial detention may be held, provided that such a measure is necessary for reasons of urgency or for flagrante delicto. In the event that the offence was committed by a superior, the subordinate or subordinate shall be limited to the relevant person.
It is considered flagrante delicto to which he is committing or has just committed without the author being able to flee.
The mere complaint cannot motivate the detention, until there is sufficient data to consider the defendant responsible.
No. 235. Way to do it: It will be practiced providing everything necessary for the safety of the detainee by keeping those considerations that were compatible with his hierarchy.
Nro. 236. Duration: Detention, as a preventive measure, can only continue until twenty-four hours after the accused has made an inquiring statement, within which his or her release or pretrial detention must be resolved.
The authority that receives a prevention in which the accused has been placed in custody, when he does not establish the preliminary investigation, shall order the release of the detainee, without prejudice to the punishment that may be applied to him for the purpose of prevention shall be used as information.
Nro. 237. Requirements of the arrest warrant: Any arrest warrant shall be given or confirmed in writing, and signed by the authority that provides it, being communicated in the regulatory form.
CHAPTER II: Statements.
Nro. 238. Identification of the declarants: Witnesses who are not gendarmes should be identified, and the documents displayed as proof of identity and the enrollment data contained therein are recorded in the proceedings. If the summoner refuses to justify his or her identity or tries to false it, he or she will be identified by any admissible means. If there is no result, there will be a thorough analysis of everything that allows it to be achieved, such as: portrait, digital prints, particular signs. In the case of a witness who has previously provided a statement, it will be verified whether his signature coincides with those contained in previous proceedings.
No. 239. Juramento: Each witness before declaring an oath to tell the truth of everything he knows or is asked of him and will be instructed of the penalties to which those who testify falsely enter.
Nro. 240. Officials ' statements: Non-custodied officials shall be referred to as summons to declare, as well as to the Heads of Region and Group, by official means.
If the forty-eight hours of the receipt of the interviewee has not been evacuated by the Military Instruction Magistrate or any communication from the addressee, he or she shall direct a new office requiring a demonstration on the interrogation proceedings and if twenty-four more hours have elapsed without receiving it or without acceptable excuses, he or she shall immediately give account of it to the common superior, in order that the relevant measures be taken in accordance with the following criterion:
a. In the case of Gendarmerie officers, the superior shall intimate the evacuated remission of the interrogation within 12 hours, except for justified cases, which the question shall make known by reservation, explaining the non-refoulement of the interrogation. These manifestations will be appreciated and their disapproval will give room to the imposition of disciplinary punishment on the instruction of a summons in case of corresponding.
b. If they were officers of the Navy, of the Aeronautics or of the Army, the Minister of Defence shall be intervened by the regulatory means requesting him to take the necessary measures for the investigation.
c. In the case of civil servants, it shall be carried out in accordance with the preceding subparagraph.
Nro. 241. Collective statements: Two or more witnesses may not be heard in one act, each witness must be questioned separately.
No. 242. Statements in the prevention and information:
a. Statements before the pre-seller or informant must be considered by the investigating judge as mere illustrative and forceless background.
The investigating judge may, at the end of the legal interrogation, if he thinks it appropriate, or if the declarant or witness asks for it, have the reading of the statements that they have previously provided, which may ratify or rectify them, as they believe necessary.
b. The statements and reports of experts, as well as other preventive or information procedures, shall be ratified by the investigating judge, if possible and if it is deemed indispensable for their validity.
It is an obligation, in these cases, to disclose the report or declaration to be read before being questioned about special points.
No. 243. Knowledge of previous statements: In the enlargements, if the declarant so requests and the investigating judge deems it appropriate, prior to the interrogation, the witness will be informed of his previous statement.
No. 244. Statements submitted to the exhorted authorities: Statements made to the exhorted authorities acting without a secretary shall be deemed valid if they meet the other legal requirements.
No. 245. Transfer of absent witnesses: In exceptional cases and where the presence of the civil witness in the place where the Instruction Court operates is of absolute necessity, it may have been transferred to him, provided that he is paid the expenses of transfer or compensation for the time spent, in which case the Instructionr must take the statement within 24 hours of the arrival of the witness.
The corresponding Instruction Judge shall have the witness's appearance, with the authorization of the independent command or the division on which it depends.
CHAPTER III: Indatory statement.
No. 246. The inquiring declaration cannot be taken by counsel.
When the accused finds himself absent and is onerous his transfer to the seat of the court which understands in the proceedings, the Magistrate of Instruction shall raise the case to the authority which appointed him, requesting that he be referred to the corresponding authority for the appointment of the investigating judge to take the inquiry.
In cases in which the Instruction Judges should refer a case to another judge, in order to take an inquire statement, they shall accompany the proceedings with a den, at the end of the file without foliar, in which as a guide the main points that are particularly interested in the instruction of origin, for the purpose of the defendant being properly interrogated; all this without prejudice to the judge taking the indiction,
CHAPTER IV: Care.
No. 247. Printing on their outcome: When the careless had not agreed, the Instruction Judge, in separate diligence, will express his own impression on the outcome of the act.
No. 248. Collective: In the same act, more than two persons should not be cared for; but it may be exceptionally lacking together if those who discorded were three or more persons and had not resulted in the care of couples.
No. 249. By appeal: If the person who is to be lacking with another who is present is absent, and it is not the case of having the transfer of the former, a lack of means shall be made, by reading to the present his statement, and that of the absentee in the parties that are refusing contradictory, with due diligence the explanations given or comments made to ratify or rectify their previous manifestations.
Subsisting dissent, ex officio or appeal shall be issued to the appropriate person, inserting the parts of both statements that are contradictory and the diligence of the non-existent medium in order to be called the absentee and to proceed in the above manner.
CHAPTER V: Peritos.
No. 250. Designation: The designation of experts shall be made by the Magistrates of Instruction and shall, in the first place, fall in persons with a magazine situation in Gendarmerie, or in divisions of the Armed Forces. Notwithstanding this possible, those who perform national salaries shall be appointed and, for that reason, they have no right to charge fees.
When it comes to justifying objects or values, the report of public offices trained to do so will be sufficient.
In cases where the expert test is required, a request must be addressed to the Personnel Directorate by requiring the remission of a staff payroll in a position to be used as experts in each specialty, and the appointment of the staff member is made to the staff member.
A list of Force experts should be prepared annually by the Directorate.
Nro. 251. Quotation: The Military Instruction Judges that must be brought to public employees, appointed as experts, shall direct the respective summons to the heads of those who depend on them.
No. 252. Juramento: The experts shall oath similarly to witnesses.
No. 253. Exemption of any service: The authority of Gendarmerie who receives the communication of an Instruction Judge requiring the appearance of a subordinate to act as a periton shall order his presentation to the court within 24 hours.
The judge, in common agreement with the expert, shall establish the time required for the expert, which shall be communicated by the court to the head of the person who is dependent on him, for the purpose of exposing him of any other obligation other than that imposed by a court order.
CHAPTER VI: Edicts.
No. 254. Publication: Edicts will be published in the Public Bulletin of Gendarmerie and in a local newspaper where the offence has been committed or in a newspaper of circulation throughout the Republic.
No. 255. Term for publications: The edicts published in the Public Bulletin of Gendarmerie, and in the newspapers, must appear for three consecutive days.
No. 256. Cases in which the publication of edicts does not correspond: It is not appropriate to publish edicts in cases of desertion or when it comes to prosecutions that have escaped from prison.
CHAPTER VII: Preventive imprisonment.
No. 257. The basis of the car: The investigating judge who dictates a pretrial detention order must mention in the same, with indication of the relevant foxes, the records of where the existence of the crime is verified and the belief of being responsible for the crime is justified.
No. 258. Testimony of the car: Whenever the persons concerned or their defenders so request, the secretaries of the cases, after the authorization of the examining magistrates, shall send them testimony of the pretrial detention, indicating their surrender by diligence.
Nro. 259. Communicating the car for the purposes of the retention of salaries: Distinguishing the pre-trial detention, the investigating judge, shall immediately notify the unit or body in which the person is responsible, specifying whether the pre-trial detention is attenuated or rigorous, with due diligence in the process, of this communication and of another similar to be taken to the General Accounts.
Nro. 260. Communicating the car for compliance: Without prejudice to the previous communication, the Judge of Military Instruction, in decreting the pretrial detention of the accused, will inform the unit where the accused magazines, the nature of the infraction imputed and the species and maximum penalty that may correspond.
The chiefs who receive the above-mentioned communication and have the defendants in their custody shall have the knowledge of such communication in the Prevention Guard, which is in accordance with the relevant books, being obligatory for the staff who directly or indirectly intervene in the custody or supervision of the accused to take notice of these circumstances, for the better performance of their role without prejudice to the fact that they are duly warned of the penalties for those responsible.
Nro. 261. Officers: The Chief of Unit under the responsibility of a pre-trial detention officer shall, as far as possible, avoid action involving unnecessary discomfort. Only in cases where the detained officer is in a state of nervous overexcition or is presumed on the basis that he will escape from the place where he is staying or commits a new offence, the Chief of the dependant may, if he deems it necessary, establish a sentry with the severe or timely slogans requiring the adoption of this procedure.
The Pretrial Detention Officer, unless he is incommunicado, may not be prohibited from receiving visits.
No. 262. When it is appropriate to leave it without effect or to modify it: When the new proceedings of the court were not justified, the pretrial detention was to be terminated or amended by a special and well-founded resolution, which could be decreed again, if the subsequent proceedings were necessary.
Nro. 263. Excess of pretrial detention completed: If, in accordance with the legal qualification of the fact made by the judge, it would result in the fact that the accused who is serving pretrial detention has spent a time equivalent to the maximum penalty that might be appropriate to him, the instructor will raise the case in consultation, in the state in which he is present, to the Military Justice Inspectorate for the purpose of being advised on the change of procedural situation.
The same temperament shall be adopted by the instructor when the accused has been in pretrial detention for more than two years.
CHAPTER VIII: Case file.
No. 264. Referral to the Supreme Council: The various units of Gendarmerie shall refer to the archive of the Supreme Council of the Armed Forces, only the cases that constitute a judicial precedent, for originating in serious crimes or offences.
Accordingly, the following actions are excluded from this referral:
a. Those who have failed to verify the commission of the offence or the alleged offence and have been administratively resolved without guilt for any person.
b. Administratively resolved and whose punishments, because they are mild, do not exceed those that a Head of Agrupation can impose on itself; within its powers and therefore do not constitute a judicial precedent.
c. Which ones your file is available as the only resolution.
d. Instructions for impairment, destruction or loss of materials or armaments, in which the author has been identified, have failed to revoke any more resolution than the replenishment with charge, without disciplinary punishment for the offender, or with remediation that does not exceed the sentence set out in subparagraph (b).
e. Those relating to the loss, destruction or deterioration of material, equipment, livestock or effects of the State, in which they are not held accountable.
THE SEPTIMO PENALITIES
CHAPTER I: Regime of suspension and lifting of disciplinary sanctions.
No. 265. Uprising of punishments:
a. Any disciplinary sanction is suspended to perform the police and security function and to combat.
b. Any penalty left without effect is regarded as unimposed and should therefore not appear in the case ' s record.
c. A punishment may be carried out only after the penalty has complied with two thirds of the measure imposed, and such a circumstance must be recorded in the corresponding book, except in the cases referred to in the following section.
d. When sanctions for minor offences are generally lifted by superiority, the punishments imposed must be fulfilled, and in each case the corresponding record in the "Book of Punishments".
CHAPTER II: Destitution.
No. 266. Authority empowered to impose it: In the discernment of this sanction it must be taken into account that it is applicable to all gendarmes. Its imposition is at the hands of the President of the Nation following summary instruction when the CJM establishes it, except in cases of delegation when it comes to junior personnel. It is exempt from the above principle, the case of the superior officers who may only be dismissed by the War Council judgment.
In the case of a third sentence of common courts, the dismissal provided for in the rules of substance shall be applied only when those have been imposed as a result of criminal offences.
CHAPTER III: Suspension of employment.
Nro. 267. Authority empowered to impose it: This sanction may only be imposed on the Officers by Decree of the President of the Nation, and its application shall be subject to summary prevention.
No. 268. Effects: The punishment of suspension of employment does not imply the interruption of the gendarme state. The suspended person is therefore subject to military laws and regulations, except as regards the use of the uniform which he will be deprived of during the time of the punishment.
The sanctioned will review passively and perceive half of the existence.
CHAPTER IV: Suspension of command.
No. 269. Effects and procedure: Consisting of this sanction in the temporary deprivation of the command assigned to the use of gendarmes, the sanctioned person shall remain passive and shall be paid only two thirds of the salary, when imposed for more than one month.
For a time greater than a month it requires for its imposition that information should be broken.
The effects indicated in the first paragraph of the present paragraph shall not occur when the penalty is imposed as an accessory.
CHAPTER V: Arrest.
Nro. 270. Authorities empowered to impose it:
a. The arrest of the subordinates, on the basis of superiority of command, applies only to the Officers, and shall be graduated within the limits of the table (Annex I) of these Rules, and by the Sub-officials in the manner established in N. 217.
b. The arrest of the subordinates applies only to Officers and graduates in all cases, by the superior of the degree that punishes, within the limits established for each degree in the table mentioned above.
Nro. 271. Graduation:
a. The time fixing corresponds to the one that imposes the sanction, who must indicate to the culprit the day and precise time in which the arrest must be completed and the cause that motivates him.
The time for termination of arrest must always be set to complete the period of the day. Once the term expires, the causator is in fact released, he takes his service again, for which purpose he will be presented to his immediate boss.
b. The arrest of the staff shall be counted for days and shall end at the time of the relay of the day the punishment is served, any time the punishment has begun.
No. 272. Place of fulfillment: The arrest of the officers shall be carried out in the accommodation of the arrested person, in the unit where he or she serves, if he or she has any facilities for that purpose, in another unit suitable for that purpose or in his or her particular home when it is resolved. The Officer who, having been arrested, was changed from duty to duty, shall effect his pass after the punishment, having to communicate this circumstance by the superior of whom he depends, the head of his new destiny, unless the latter deemed necessary the immediate presence of the Officer, in which case he shall inform the officer of his previous destiny, so that the pass shall be immediately effective without prejudice to the completion of the punishment imposed, in the unit, institute, etc., in which he shall provide services.
Gendarmes staff will always carry out the arrest in the unit to which it belongs or is determined.
Married sub-offices, or who stop the possession of minor children, who are to be held, may be authorized to remain in their respective homes from the touch of silence until the next day to the target. Exceptionally, this form of enforcement of punishment can be applied to Officers.
Nro. 273. Arrest disruption:
a. When the execution of the arrest is interrupted by illness, it will continue from the day the health is recovered.
b. The personnel of Gendarmes who escaped from the unit are being arrested and provided that the fact does not commit any other offence, will be in disciplinary proceedings.
CHAPTER VI: Appreciation.
Nro. 274. Requirements:
a. The notice will take place by a concrete fact and will be made in clear, precise and moderate terms.
b. The notice can be done verbally or in writing, by any superior of command or degree, and must be confirmed in writing in the first case, and must communicate to the superior.
c. Aperceivement may be made in the presence of superiors or equals of the inculpate, if the one who expects considers suitable for greater effectiveness of the admonition.
d. The notice can also be collective, and this will be done in the order of the day by the Heads of Unity or agency. It shall consist in reconvening those subordinated by general misdemeanours or omissions.
CHAPTER VII: Confidence.
No. 275. Authority empowered to impose it: This penalty shall be carried out in any of the places provided by the National Director.
During the term of the penalty, the confined shall receive half salary, with the exception provided for in the last part of the Art. 557 CJM
CHAPTER VIII: Sub-office suspension.
No. 276. Scope: The suspension of the sub-office applied as the main penalty does not imply changing the status of the suspension on the hierarchical scale, being only a temporary restriction on the exercise of its authority.
Nro. 277. Authorities that may impose it: The punishment of suspension of sub-official shall be applied by the authorities determined in the annex I grid of these Rules.
No. 278. Effects on salary: The suspension of sub-office will bring the salary decrease to half.
CHAPTER IX: Recharge of service.
No. 279. Authorities that may impose it: This sanction is imposed by the President of the Nation or by the authority in which he delegates the exercise of this faculty.
Nro. 280. When the execution begins: The punished will begin to comply with the obligation of service, which corresponds to them by contract.
Nro. 281. Place of enforcement: The punishment of recharge of service that is imposed executively, or by sentence of the military courts, shall be carried out in units determined by the National Director.
CHAPTER X: Pumpkin.
Nro. 282. Form and place of fulfillment limitations: The punishment of a dungeon, which may not exceed three months, is to recluse the author of the fault.
The punished will be deprived of entertainment and everything that can be played or fun, for which purpose they will be registered before entering their accommodation.
In the dungeons, the punished will have a bed and those will be ventilated, having to stay open every day, with sentinel in sight, at least half an hour in the morning and half an hour in the afternoon. Their hygienic conditions must be such that they do not compromise the health of the punished. The doctor of the unit concerned shall make such observations as he deems appropriate and the head of the unit shall immediately be obliged to take the necessary orders.
The perpetrators of the offence on request may perform physical exercises outside the dungeon, two hours a day, with sentinel at sight. Punishment shall be carried out in the unit to which the offender belongs or where it is determined.
The staff of the Sub-official shall not be liable to impose the penalty of a dungeon. Only as a measure of extreme security in cases of extreme danger and until this situation ceases.
Nro. 283. Its scope: The fajinas consist of the surcharge in the cleaning of the unit or in any other material work, useful for the service.
CHAPTER XII: Application of penalties.
Nro. 284. Temporary sentences − initiation of enforcement: If the sentenced person is in pretrial detention, the execution of the sentence shall be initiated from the date of the conviction, without prejudice to the bonds to which he or she takes place.
If the sentenced person is not in pretrial detention or if he is released, the execution of the sentence shall be initiated from the date on which he or she is apprehended.
Nro. 285. Place of enforcement: Persons sentenced to custodial sentences shall serve their sentence in military criminals, unless for special reasons the National Director provides for their transfer to another penal institution.
CHAPTER XIII: Death penalty.
Nro. 286. General Provisions: Any person sentenced to death shall be shot in the presence of troops formed in the time and time designated by the President of the Nation or who ordered the execution. There will be degradation, when she would have been imposed on her. The death sentence shall be executed publicly on the day and at 24 hours of the notification. You can't run on a civic holiday. When carried out within closed enclosure, it shall be considered to be publicly executed by the concurrence of units of Gendarmerie.
The Prosecutor of the case is responsible for monitoring the enforcement of the judgement.
Nro. 287. Notifications of the judgement: Ordered by the President of the Nation or authority authorized to do so, the execution of the death sentence, the trial shall be immediately referred to the respective war council, for the purpose of the notification of the sentence.
Upon receipt of the proceedings in the war council, the secretary of the court shall, accompanied by the prosecutor of the case, address the place where the prisoner is located and notify him of the sentence, read in full. Death sentences will not be notified on the eve of civic holidays.
Immediately upon notification of the judgement, the prosecutor shall communicate on the fastest track, with the Minister of Defence or the authority that ordered the execution, for the purpose of appointing the authority responsible for its enforcement, forces that must be placed under his command and place, day and time of execution.
Nro. 288. Permanence in chapel: At the time the prisoner is notified of the death sentence, he will be placed in chapel.
As long as the reindeer is in a chapel you will be given the assistance you request and will be allowed only the visits that he wishes to receive; it will not be appropriate to access all the orders that you make when they are not naturally correct.
Nro. 289. Execution Provisions: The Minister of Defence shall order the military authority to appropriate everything necessary for the execution; designate the head of the execution and the forces to attend, and the units represented by pickets may be completed.
Nro. 290. Formation of the troops: At the time and time indicated, the personnel indicated in the respective order shall be trained in line or in table. If the unit to which the prisoner belongs is found, it will be placed on the right or on the left of the place to be occupied by the convicted person.
They will take the right and two steps to the rear of the Chief of Forces, the prosecutor to monitor the execution, and the secretary of the council, to read the sentence.
Nro. 291. Execution of the penalty: At the appointed time, the head of the forces shall enforce the sentence by ordering it to be led in front of him, conveniently insured and escorted by eight troops in command of a Senior Assistant, who will be the same execution shooters.
When the reo appears the troops will put weapons to the shoulder; the Orders Cornet will touch silence, while the reo occupies the appointed place; the secretary of the war council will read the judgment; followed by the head of the forces will pronounce or read out the following formula: "The troops who raise the voice for grace by the reo will be punished according to the law." If the degradation is to precede the death penalty, verified, it will take the prisoner to the place of the bench, the High Officer will blindfold him and sit down. The execution platoon, formed in two rows and with the weapons prepared, will approach six steps. The chief officer who commands them will lift his arm, to whose sign they will point his rifle to the chest of the prisoner; when the arm comes down, the platoon will fire. The Senior Assistant Officer will advance and give him the grace shot.
If the death penalty has been imposed with public degradation, the prisoner will be shot in the back.
Nro. 292. Multiple executions: If there were several prisoners the executions will be simultaneous, placing them in the same line at intervals of six meters and each against the respective picket.
A single sign, which will be given by the Senior Assistant Officer who directs all the platoons, will be executed.
Nro. 293. Force parade: After the execution, the troops will parade in front of the body or the body and head to their respective units.
Nro. 294. Completion of execution: The following sentence shall be recorded in a record record of execution, which shall be signed by the prosecutor, the head of the forces and two heads or officers of the present, as witnesses, being endorsed by the secretary of the council.
The prosecutor will hand over the process to the Minister of Defence or to the chief who ordered the execution by showing his delivery.
Nro. 295. Inhumation of the body: The prosecutor shall have the inhumation of the body, turning to this effect to the respective civil registry where he shall deliver a copy of the execution record. Inhumation will be done without any pomp.
CHAPTER XIV: A land of degradation.
Nro. 296. Pre-Formalities: The formalities that should be filled before the execution of the penalty of degradation are the same expressed for the death penalty with the difference that only the secretary of the council attends.
Nro. 297. Execution of the penalty: At the appointed time, the head of the forces shall proceed to the sentence, commanding that the sentenced person be led in front of him, who shall be dressed in full uniform, carrying his saber, if he be Officer, one of the escorts. The convicted person, conveniently insured, shall be escorted by eight armed troops, in charge of a Senior Assistant.
When the condemned person appears, they will put weapons to the shoulder; the Corneta of Orders will touch silence while the prisoner occupies the appointed place; the secretary of the council will read the sentence; the chief of the forces will pronounce in a loud voice the following formula: "N.N.: you are unworthy of carrying the weapons and dressing the uniform of the gendarmes of the Argentine Republic; consequently, in the name of the Patria, Then, led by his escort, the prisoner will parade before the troops and be taken back to prison.
Nro. 298. Completion of execution: Following the sentence, the secretary of the court shall issue a record to record the performance of the court, which shall be signed by the head of the forces and two chiefs or officers of the present, as witnesses, being endorsed by the Registrar.
The latter shall hand over the proceedings to the Minister of Defence or Chief, who ordered the sentence to be enforced, for the record, extending the corresponding diligence.
CHAPTER XV: pardon or commutation of penalties.
Nro. 299. Those who may ask for it: Only members of the family may apply, in writing, for pardon or commutation of sentences.
Nro. 300. Procedures of applications:
a. The convicted persons shall submit a request for grace to the head of the penal establishment in which they are located, who shall submit it through the Ministry of Defence, after information.
The report shall state, age, marital status, profession and physical contexture of the sentenced person, situation of the family, made by which he has been convicted, time that he has served the penalty, observed conduct, if he has given evidence of subordination and repentance, and all other data of the same kind that is known.
b. The request, to which the Personnel Directorate will add a report on similar previous requests, will go to the Supreme Council of the Armed Forces that will provide the necessary for the aggregation of the case.
The Supreme Council, after the Attorney-General ' s hearing, shall report on the background of the convicted person, a crime committed, a conviction imposed, aggravating or mitigating circumstances that have occurred in his execution, if he is a repeat offender, and any other data that may serve to illustrate the judgment of superiority; concluding by conferring his opinion on justice or convenience or not, by agreeing on grace and its form. For better information, the Supreme Council may directly request any necessary background.
c. The requests for grace made in favour of members of their families, will be submitted to the Minister of Defence and will be given the above procedure.
Nro. 301. Notifications to the penalty: The resolution relapsed in a request for grace will be made known to the person concerned, and the file formed will be filed in the Supreme Council with its background.
No. 302. Sentenced to the death penalty: Petitions for those sentenced to the death penalty shall go directly to the report of the Supreme Council, which shall be issued as a matter of urgency.
Nro. 303. Time to reiterate requests for grace:
a. Sentenced persons may submit only a request for pardon or commutation per year.
b. The heads of unit or directors of criminal establishments, where they serve the sentences of the military penalty, shall not proceed to any request for grace that does not satisfy the conditions specified above.
c. In the same way, the Directorate of Staff shall proceed, if any, with respect to requests for grace submitted in favour of a convicted person, by members of his family, if between such request and the refusal of the requested grace has not elapsed the term required in subparagraph (a) to which effect it shall request from where appropriate the reports of the case.
No. 304. Effects of pardon and commutation: Both pardon and commutation do not produce any other effects than the remission or modification of the penalty and its accessory, without this amount to exempt the beneficiaries from the service commitments to which they were bound prior to the decree of grace.
CHAPTER XVI: Disciplinary shortcomings.
No. 305. Failure to professional ethics: The following will be considered as lacks of professional ethics:
(1) Do not keep in every place and in all circumstances the correct attitude that corresponds to the use of the uniform that has the honour to dress.
(2) Present in public or in society in an indecent way.
(3) Do not have toilet or prolixity in the arrangement of your person.
(4) Use uniform garments that are not of regulation, or use them unsaved, in disorder, incomplete or with disperfects.
(5) Assist in uniform political demonstrations or meetings, or take part in politics by reviewing in activity.
6) To attend a party uniform and popular parades, without an official character, to be held in public, squares, etc., except those of a religious or patriotic nature when authorized by superiority.
7) Being an Officer, attending improper shows for your hierarchy.
8) To contract debts without justified necessity, or for vicious reasons, not to use ardides, artifices, caution or capcise combinations to ask for or obtain money or other things.
9) Being Officer, contracting debts with subordinates, being more serious if it is with Gendarmes staff.
10) To contract pecuniary obligations of any kind with the guarantee of subordinates; or to give rise to the embargo of a comrade for debts contracted with his guarantee.
11) Taking part in a forbidden gambling.
12) Play for money in units, establishments or units of the Force.
13) Embry, or use narcotic drugs.
14) Lack of the word of honour.
15) Fail to the truth without becoming a crime.
16) Get out of service for supposed illnesses or ills or using any other fraudulent means.
17) To complain of the service, the accommodation, the salary, etc., in the presence of subordinates or to dress among those species that may infuse them discouraged, lukewarm or disgraced.
18) Do not take repressive measures against the subordinates guilty of acts that harm service or undermine discipline, for fear of personal danger.
19) To make publications, for any purpose, that affect the hierarchy, the more serious the higher the hierarchy or the position of the person affected by the publications.
20) Make publications without strictly complying with the regulations, or make statements or provide information or information to the press, for events occurring in the service without superior authorization.
21) Return diplomas, titles, appointments or divestment of their badges as a sign of contempt.
22) Any public act that imports an intentional violation of military or police regulations.
23) Commit exaction for public benefit, provided that the act does not constitute a crime.
24) Seize military effects belonging to the team of others, with the exclusive purpose of completing one's own.
25) Benefit to make biased propaganda between subordinates, or having knowledge of it hide it from their superiors; or circulate writings, pamphlets or publications of that character, which could affect the discipline of the Force or damage the prestige of its superiors.
(26) To promote or participate in social acts that do not contend with the Variety culture or that do not conform to the seriousness of all acts of the members of Gendarmerie.
(27) Provoking, threatening or injuring a public or military official, because of the exercise of his or her functions or at the time of his or her practice, provided that the act does not constitute a crime.
28) Threaten by weapons their equals or civilians at barracks, camp or site of any troop gathering.
29) Proceeding in the face of military justice or having been convicted of it, making public statements or providing journalistic reports, related to the respective case.
30) Approval of second persons to manage destinations or changes in garrison, or to do so contrary to regulatory provisions.
No. 306. Failure to respect: Failure to respect the superior will be considered:
(1) Any act of disrespect towards the superior who is not qualified as an offence. Respect is due to the superior even when he is seen as a civilian, unless it is proved that he was not known.
(2) Do not greet the superior, do not return the military greeting or do not generally observe the regulations on the latter.
(3) Take the path to a superior or right in depopulated.
(4) Do not retain the military position when you are with a superior or are present.
5) To take a seat in the presence of a superior without being instructed.
6) Defy or command defy the superior.
7) Make unauthorized remarks at the orders of the superior.
8) Complaint, reproach or discuss by unauthorized means or by word or in writing, acts or orders of the superior.
Nro. 307. Correlative shortcomings in command:
Misdemeanours shall be considered in the exercise of command:
(1) Do not maintain proper discipline in the strength of your command, impart the orders of service without the necessary energy and intonation, or through a third party, when they can be given directly, or use in them a language lacking precision, clarity or concision.
2) Do not account the superior of a disciplinary offence committed by subordinates, or do not suppress it by being able to do so.
(3) Unduly prosecute the subordinate, without becoming a criminal offence.
(4) Reprender the subordinate in in indecorous or offensive terms or view it in any way.
(5) Prevent in any form, the processing of an appeal, claim or request.
(6) Stop reporting an application or not proceeding when it is obliged to do so.
7) Be familiar with the subordinates, whether or not in acts of service.
8) Defy or command defy a subordinate. To be the best man of a subordinate if the challenge occurs in acts of the service or with reasons of it.
9) To be aware that it is a matter of having a duel between subordinates and not realizing the appropriate one, trying to avoid it.
(10) Allow those who have been convicted of or sentenced to military justice to make public statements or report to journalism related to the case.
Nro. 308. Lack of service:
Misdemeanours of service shall be considered:
(1) Not to be in his position for acts of service.
(2) Do not promptly occupy your position in case of alarm.
3) To be late for the acts of service.
(4) Do not give immediate knowledge to the superior of any illness or justified cause that prevents him from attending to the service or from attending to it.
(5) Exceed in the licences, without incurring the facts that the Military Justice Code provides for and punishes.
6) Do not keep in formation the due composure or be unattained in any activity of the service.
7) Present to the superior in acts of service dressed in particular or without their corresponding weapons.
8) Use weapons other than those provided by the National State or authorize the use of superiority for the purposes of military service.
9) To be present in military premises or offices dressed in particular, except for exceptions in the current regulations.
10) Do not properly comply with the disciplinary punishment imposed on you.
11) Do not properly enforce the punishments imposed by monitoring them.
12) Run away from the unit or any other place intended for its permanence, without incurring another offence or, being arrested, getting away from the place set for compliance.
13) Lack of a slogan, provided that the act does not constitute a crime.
(14) To sleep when an arms service is served in time of peace.
15) Execute any other act which amounts to a lack of consideration or respect for the sentinel and which is not intended as an offence under the Military Justice Code.
16) To remove without authorization armed units from their natural seat, provided that the act does not constitute a crime.
17) Produce a false alarm, disorder or confusion in the staff.
18) Injurious or offend in any form to the same, because of the exercise of its functions.
19) Unduly communicate with prisoners.
20) Do not provide the civil authority with the assistance requested to arrest or apprehend someone.
21) Stop doing, voluntarily or by negligence, a capturing that is bound.
22) Arrange pendence in the units or establishments of the Force.
23) Obstructing the functions of a court or any military justice officer.
24) To attend a superior not immediately, for acts of service, without the corresponding permission of the superiors of those who depend.
25) Be negligent in the duties imposed by the regulations or in compliance with the orders of the superiors.
(26) Hiring personnel for the service of the Force, for which legal or regulatory requirements have not been met.
27) Being health personnel, attending for wounds or bodily injuries to active military personnel and not giving notice to superiority within 24 hours of their call.
28) Lose or disable any regulations or documents reserved or secrets provided that the act does not constitute a crime.
29) To be in service.
30) Make available provisions, process of files, or any circumstances of the service to which it does not correspond, when it is aware of it because of its functions.
31) Do not exercise, those who send units, deposits, etc., a prolix and frequent pain in order to avoid loss of war elements or materials.
CHAPTER I: Applications.
Nro. 309. Transmission: Any request made by superior or junior staff and whose resolution corresponds to the superior of unit or agency where the person is reviewing shall be made verbally, unless the person deems it appropriate to place a written record of the request, in which case he shall order it.
Where the resolution corresponds to superiors from which the authorities referred to in the preceding paragraph or to authorities with which there is no dependency, the requests shall be written.
Except as prescribed in the first paragraph, requests that under legal or regulatory provisions should be made in writing.
CHAPTER II: We pray.
No. 310. Proceedings: The personnel of Gendarmerie, with a military state, may request that a procedure or decision that prejudices it be waived, or that what is legitimately appropriate to it be agreed upon, when it considers:
a. That the decree, resolution or provision of an institutional nature applicable, is illegal or unfair.
b. He is a creditor to be declared to be entitled to a right or benefit established by a statutory or regulatory statute. This management shall take the name of claim and its processing and resolution shall be carried out in accordance with the provisions of this Chapter.
Nro. 311. General rule: In the processing of claims, they shall be treated and resolved by the person performing the position or function, by virtue of which the act of reason for the claim occurred, or to whom it is appropriate to grant what is intended.
No. 312. Except as set forth in this Chapter, the following claims:
a. Those originating in essentially administrative acts, regulated in the complaint procedure by specific legislation.
b. Those relating to the promotion of staff who will be governed by the specific regulation of the National Gendarmerie Act.
c. Those who intervene as a result of annotations that have been affected in the staff ' s lace, in order to be prescribed, the respective disciplinary actions.
d. Those of an administrative nature, whose treatment was expressly regulated by other regulations.
No. 313. Processing: The processing of a claim shall be made in accordance with the following rules:
a. It will be directed by the hierarchical way to the instance indicated in N. 311.
b. The superior who must raise the claim shall be obliged to report, where appropriate, on the facts invoked.
c. When the claims are motivated by acts originating from the President of the Nation, the above-mentioned agencies will directly elevate them to the Personnel Directorate.
d. If a claim is resolved unfavourably and there are still other higher instances than those who seek a final resolution, the person concerned, within five days of his notification, may insist on his request to the immediate superior instance by following in the process of lifting the corresponding hierarchical path, and the same procedure for the other instances must be followed, in succession.
No. 314. Deadline: The claims may be made only after the official knowledge of the superior decision that motivates them, or if they have been harmed by it or are covered by a right or benefit and must be submitted within thirty days.
Once the deadlines for filing claims are over, the right to articulate them will be lost; this will not preclude the possibility of considering the petition as a denunciation of illegitimacy to the superior, unless the latter resolved the opposite or, because it is beyond reasonable time guidelines, it will be understood that he voluntarily abandoned the law.
No. 315. Requirements: To be admitted, a claim must meet the following requirements:
a. To be presented verbally or in writing, as appropriate, within the terms set.
b. To be formulated in respectful terms, which do not affect the authority or personal dignity of those who must intervene in their processing and/or resolution.
c. To be based on the facts that are expressed, the right to be claimed or on the grounds of fairness that are sufficiently explained.
No. 316. Conduct of the claimant: The person who is willing to make a claim shall be obliged not to initiate it but after careful reflection.
It is forbidden to file collective claims.
No. 317. Compliance with the questioned provision: The filing of a claim does not dispense with obedience, nor does it suspend compliance with an order of service.
No. 318. View of the proceedings: If, for the purpose of filing or filing a complaint, the party concerned shall request a hearing of the proceedings, the time limit for appeal shall be suspended for the time granted to it.
No. 319. Irrecurribility: Preparatory measures for administrative decisions, including reports and opinions, even if they are of compulsory requirement and binding effect for the Institution, are not applicable.
Nro. 320. Resolution: Any superior to whom a claim is directed, shall resolve it within thirty days, computed from its interposition, after which the person concerned may challenge it tacitly.
For claims to be resolved by the National Director of Gendarmerie or higher authorities, no term is established and the presumption of refusal will occur within six months of its submission.
Nro. 321. Background: The superior to whom a claim is resolved may apply for the background he considers necessary for its resolution.
No. 322. Mischievous presentation: When the presentation is evidently malicious or unfounded, and for this reason it is unfavorably resolved, a disciplinary sanction shall be imposed on the claimant, after careful examination of his attitude, as it may be, rather than the work of a bad faith, the result of an error or ignorance.
No. 323. Dismissal: In other cases, where the claim was simply dismissed, it will be recorded in the personal legajo of the person concerned.
No. 324. Referral: The exceptions provided for inc. c. of No. 312 shall be treated in accordance with the procedure set out in N. 229 and the following.