Bs. As., 26/5/92
VISTO Act No. 23.984 establishing the introduction of the oral and public trial for the ordinary criminal justice of the Federal Capital and the federal criminal justice of the entire territory of the Nation, and
That the norm mentioned will enter into force in the month of September of the current year attentive to the complexity and magnitude of the task of implementing this reform.
That the introduction of oral and public trials such as those of new institutions in our midst make it necessary to train those who will be their specific operators.
That for this it is necessary to provide the conceptual and practical elements that ensure an effective performance of all those who in no way conform the system.
It is also intended, through these actions, to advance or foresee the difficulties that can be presented by collecting the experiences of those who have already implemented it.
That, in the merits of the above, all measures are necessary to achieve the fundamental objective of transforming the system of administration of justice.
THE PRESIDENT OF THE ARGENTINA NATION
RIGHT:Article 1 . Approved the "PROGRAMME FOR THE IMPLEMENTATION OF THE LAW N.23.984", which as Annex I forms part of this decree. Art. 2° una Créase una Comisión composed por el señor MINISTRO DE JUSTICIA Doctor León Carlos ARSLANIAN, el señor DIRECTOR GENERAL DE ADMINISTRATION del MINISTERIO DE JUSTICIA Engineer Hugo Leonardo HALBERIAN and Dr. Laura Patricia GIL of the NATIONAL DIRECTION OF CRIMINAL POLICY of the MINISTERY of JUSTICE, who will be responsible for all matters relating to the realization of the PROGRAM, being empowered to take measures to achieve those purposes, such as contracting, to arrange for the realization of all expenses and investments consequential, to hire temporary and other payments. The General DIRECTION OF ADMINISTRATION of the Ministry of Justice will provide the Commission with relevant administrative support. Art. 3rd A contribution of SETECIENTOS MIL PESOS ($ 700,000) to meet the costs of meeting all phases of the above-mentioned Programme. Art. 4° . Amend the General BUDGET OF NATIONAL ADMINISTRATION for the year 1992, according to the detail in tables ANNEXAS to this article, which are an integral part of it. Art. 5° La The General TESORERY of the NATION shall transfer to the General DIRECTION OF ADMINISTRATION of the MINISTERY of JUSTICE the amount set out in article 3, with charge of rendering documented account of its investment for the attention of the expenses that demand the fulfillment of this decree. It is established that such funds will be mobilized through a current account that will be opened in the BANCO of the ARGENTINA NATION the one that will turn at least with DOS (2) signatures. Art. 6° . Communicate, publish, give to the National Directorate of the Official Register and archvese. . MENEM . León C. Arslanian. . Domingo F. Cavallo.
NOTE: The tables attached to Article 4 are not published.
PROGRAMME FOR THE IMPLEMENTATION OF LAW 23984
The transformation of the system of administration of justice is one of the key objectives of this Ministry.
With reference to the criminal system such reform is being carried out through various actions that, based on modern political-criminal criteria, aim at the coherence of their three phases: the criminal norm, the procedure and the implementation of judicial resolutions. For this reason, this reform, which requires a deep knowledge of the system and the role that its concrete operators develop, has been addressed in an integral way.
In this context, one of the key aspects of change was the prosecution system. The procedure that prevailed over 100 years due to its inquisitive and secret character did not allow a participatory presence of the community. Therefore, and in a rule of law, the new Code of Procedures in Criminal Material was an imposterable necessity.
The introduction of the oral and public trial to be applied in the ordinary criminal justice of the Federal Capital and in the federal criminal justice system of the entire territory of the Nation will provide solutions to the main problems affecting criminal justice.
This rule, which has been sanctioned by the Congress of the Nation and promulgated by the National Executive Branch, will enter into force in September of the current year attentive to the complexity and magnitude of the task of implementing this reform.
Both the introduction of oral and public trial and the introduction of new institutions in our environment make it necessary to train those who will be their specific operators.
To this end, it is necessary to provide the conceptual and practical elements that ensure an effective performance of all those who somehow form the system. It is also intended, through these actions, to advance or foresee the difficulties that can be presented by collecting the experiences of those who have already implemented it.
Promote a high level of performance of concrete reform operators.
Provide the necessary conceptual and technical instruments to operate the aforementioned transformation.
Provide for the difficulties that may arise in the implementation of the new Code of Criminal Procedures.
Create an area of exchange and dissemination of the reform of the criminal prosecution system.
NIVES OF IMPLEMENTATION
Since this programme is intended to cover all the reform operators, it is planned to carry out different activities according to the recipients.
I - Judges
Directed to the current judges and seeks to exchange experiences with colleagues in oral trial systems.
To familiarize judges with the obstacles and with how to engage in oral hearings by resorting to means of direct information which are deemed most appropriate to influence that level rather than to resort to courses and conferences.
Interact with judicial headquarters that have oral prosecution systems, especially within the country and also with foreign countries. Judges from the interior or abroad are expected to be invited to offer dialogued presentations of their experience to a peer auditorium. Subsequently, group meetings of exchange and analysis would be held.
II Other officials (fiscales, secretaries, etc.)
Training for performance in the public hearing with special emphasis on oral argumentation techniques.
Individual dramatization will be provided in exercise practices.
It is advisable to use dramatization techniques and videos in small groups to later be analyzed by the participant and the coordinator.
Ambit of discussion on specific topics.
Privilege the debate as a form of exchange and recovery of the contributions that participants can make.
Ambite of theoretical reflection - practical.
The knowledge of procedural law imparted in the degree course has been precarious or non-existent. The aim was to train professionals who act in a specific way and not to apply their knowledge to justice. In short, there is no prior preparation for this function.
The phenomenon of the growth of litigation in our country produced the requirement of auxiliary justice professionals whose number was increased over the years.
They certainly require training for the function in their legal framework and in the technician.
The objective is to achieve expert technicians and is based on the knowledge of judicial procedure and the theoretical analysis of their functions.
Teachers will be judges, judicial officials, lawyers and technical professionals of each specialty who will rotate according to the classes to dictate or in panels for the treatment of practical cases and discussion.
1) To create, within the scope of this Ministry, the Commissions for Implementation ("COPI") which will be responsible for the following objectives:
(a) Analyze the legal instrument that allows the implementation of the new bodies created by the recently sanctioned Organic Law.
(b) Determine the profile of each of the system operators, exchanging ideas together with a representative of the Magistracy Council regarding the profile of the new judges.
(c) Study the physical spaces available today and anticipate the creation of the non-existent ones.
(d) Exchange with the National Training and Communication Directorate ideas concerning the training programme of operators.
(2) To send offices to the Presidents of the National Criminal and Correctional Appeals Chambers, in the Economic Penal, in the Criminal and Correctional Federal, all of them from the Federal Capital, and of the Federal Chambers of the interior of the country, in order to designate the judges who will constitute the Commissions for Implementation ("COPI").
(3) Designate in each of the Commissions mentioned one (1) responsible by the Ministry of Justice, one (1) by the National Directorate of Training and Communication, and one (1) by the Council of the Magistracy.
(4) Establish contacts with the following institutions for training programmes.
(a) Bar Association
(b) University of Buenos Aires
(c) University of Salvador
(d) Public Bar Association
5) Establish relationships with agencies that can help finance the program:
(a) Public Service Secretariat
(b) United States Embassy
(6) Organize internships at the national level in the following provinces:
(c) Between Rios
(e) The Pampa
The objectives of these internships are:
(a) Presence hearings of an oral trial.
(b) Contact colleagues through the Bar Associations of the above-mentioned provinces to gather information regarding difficulties and advantages of oral proceedings.
7) Organize internships abroad.
8) Implement round tables, lectures and drills on oral trial.
(9) Organize a national seminar on oral prosecution.
10) Program for June and July the training offered by Spain.