LAW ON THE STRENGTHENING OF THE ORAL COURTS IN THE FEDERAL CRIMINAL COURTS AND THE ORAL COURTS IN THE ECONOMIC PENALTY
Law 27307
Implementation.
The Senate and Chamber of Deputies of the Argentine Nation, meeting in Congress, etc.
Law:
Law on the Strengthening of the Oral Courts in the Federal Criminal and the Oral Courts in the Economic Criminal
CHAPTER I
Creation of Oral Courts in the Federal Criminal Capital of the Federal Capital
Article 1-The dissolution of an (1) Oral Tribunal in the Criminal of the Federal Capital, whose individualization will be carried out by the Council of the Magistracy by simple majority of its members.
The officials and employees of the Oral Tribunal in the Federal Capital Criminal, which by this article dissolves, will integrate the endowment of the Oral Tribunal in the Federal Criminal of the Federal Capital N ° 8, the one that will succeed the organ dissolved to the Article 6 (2) and (3) of Regulation (EC)
The judges of the Oral Tribunal in the Criminal of the Federal Capital, which by this article dissolves, will be assigned, by the Council of the Magistrature by simple majority of its members to the coverage of vacant posts in the remaining Courts Oral in the Criminal of the Federal Capital.
ARTICLE 2 °-Transformer one (1) Oral Tribunal in the Criminal of the Federal Capital, whose individualization will be carried out by the Council of the Magistracy by simple majority of its members, in the Oral Tribunal in the Federal Criminal of the Capital Federal No 7.
Article 3-Transformer five (5) Oral Courts in the Federal Capital Criminal in five (5) Oral Courts in the Federal Criminal of the Federal Capital, whose individualization, in both cases, will be carried out by the Council of Magistrate by simple majority of its members.
ARTICLE 4 °-The six (6) Oral Courts in the Federal Capital of the Federal Capital created by the transformations arranged in Articles 2 and 3 shall be integrated by the judges corresponding to the Oral Courts in the Criminal of the Federal capital transformed by such rules, in accordance with what is established by the Council of the Magistracy, by a simple majority of its members.
ARTICLE 5-In case any of the judges who are members of the Oral Courts in the Criminal Capital of the Federal Capital object to the transformation of their position, the Council of the Magistrature will resolve, by simple majority of its members, its transfer to any of the existing vacancies in the remaining Oral Courts in the Federal Capital Criminal.
Article 6-The coverage of any vacancies in the Federal Criminal Courts of the Federal Capital, as transformed by Articles 2 and 3, shall be made by the appointment of judges of the Oral Courts in the Criminal Court The Federal Capital, in accordance with what is established by the Council of the Magistracy, by two thirds (2/ 3) of its members.
ARTICLE 7 °-Officials and employees of the Courts whose dissolution or transformation has been disposed of in this law shall maintain their positions and continue to perform their duties in the respective courts of jurisdiction that take place dissolved or processed. In the event of an opposition, the competent authority, with the participation of the business entity, shall have its relocation to other courts with criminal jurisdiction in accordance with the operational needs arising from the This reform, respecting its acquired rights.
ARTICLE 8 °-Judges appointed by virtue of the provisions of this law may make any replacements they deem necessary in relation to personnel in accordance with the mechanisms established by the competent authority. Employees or officials whose replacement is proposed shall be relocated, with the participation of the guild, in other courts with criminal jurisdiction, according to the operational needs that are generated from the present reform, respecting their acquired rights.
CHAPTER II
Unipersonal and Collegiate Judgment
ARTICLE 9 °-The Oral Courts in the Federal Criminal and the Oral Courts in the Economic Criminal will be integrated with one (1) only judge:
a) In the assumptions of Book II, Title IV, Chapter III of the Code of Criminal Procedure of the Nation, approved by law 23,984 and its amendments;
b) In the cases of Book III, Title II, Chapter IV, of the Code of Criminal Procedure of the Nation, approved by law 23,984 and its amendments;
(c) in the case of offences for which the maximum penalty for freedom in the abstract does not exceed six (6) years;
(d) in the case of offences whose maximum custodial sentence exceeds six (6) years and does not exceed 15 (15) years, or, in the case of a crime contest, none of them is repressed with a custodial sentence which exceeds that amount, except when the accused and his defender require the collegiate integration, an option that must be exercised unfailingly in the opportunity provided for in Article 349 of the Code of Criminal Procedure of the Nation, approved by law 23,984 and their modifications.
The Oral Courts in the Federal Criminal and the Oral Courts in the Economic Criminal will be integrated with three (3) judges:
(a) in the case of offences for which the maximum penalty of freedom in the abstract is exceeded 15 (15) years;
(b) if they are offences committed by public officials in the exercise or the occasion of their duties.
In case of two (2) or more imputed with plurality of defenders, the choice of one (1) of them of the collegiate judgment will force in the same way the remaining ones.
( Note Infoleg : by art. 1 ° of the Resolution No 1/2017 of the Bicameral Commission of Monitoring and Implementation of the New Code of Criminal Procedure of the Nation B.O. 1/3/2017 is set as the date of implementation of the mechanism of judgment of one-man for the Oral Courts in the Federal Criminal and the Courts Oral at the Economic Criminal Court provided for in this Article on 1 March 2017.)
ARTICLE 10. -In those cases referred to in Article 9 (1) only, the President of the Court shall draw up the grounds of the case among the three (3) magistrates, according to the entry of the cases and under a system of compensation, in such a way as to the award is equitable.
CHAPTER III
Amendments to the Code of Criminal Procedure of the Nation and to Law 24,050 and its Amending
ARTICLE 11. -Substitute Article 32 of the Code of Criminal Procedure of the Nation, approved by law 23,984 and its amendments, by the following text:
Competition and integration of the Oral Court in the Federal Criminal Court
Article 32: The jurisdiction and the integration of the Oral Tribunal in the Federal Criminal Court are governed by the following rules:
I. The Oral Court in the Federal Criminal Court shall judge:
1. In the sole instance of the offences whose jurisdiction is not attributed to another court.
2. In the sole instance of the offences provided for in Article 210 bis of the Criminal Code.
3. In the sole instance of the offences provided for in Title X of the Second Book of the Criminal Code.
II. The Oral Court in the Federal Criminal will be integrated with one (1) judge only:
1. In the assumptions of Book II, Title IV, Chapter III of this Code.
2. In the assumptions of Book III, Title II, Chapter IV, of this Code.
3. If it is a crime whose maximum penalty of freedom in the abstract does not exceed six (6) years.
4. If these offences are punishable by a maximum penalty of freedom in the abstract of six (6) years and do not exceed fifteen (15) years or, in the case of a crime contest, none of them is repressed with a custodial sentence. exceed that amount, except where the accused and his/her advocate require the collegiate integration, an option that must be exercised unfailingly in the opportunity provided for by Article 349 of this Code.
III. The Oral Court in the Federal Criminal will be integrated with three (3) judges:
1. If it is a crime whose maximum penalty of freedom in the abstract is greater than fifteen (15) years.
2. If these are crimes committed by public officials in the exercise or the occasion of their duties.
In case of two (2) or more imputed with plurality of defenders, the choice of one (1) of them of the collegiate judgment will force in the same way the remaining ones.
ARTICLE 12. -Substitute Article 349 of the Code of Criminal Procedure of the Nation, approved by law 23,984 and its amendments, by the following text:
Powers of the defence
Article 349: Provided that the tax agent requires the lifting of the judgment, the findings of the opinions shall be notified to the defendant, who may, within six (6) days:
1. To deduct previously unfiled exceptions.
2. To stand up to the elevation to judgment, urging the dismissal.
3. To exercise the option, where appropriate, for the intervention of a collegiate or unipersonal court, with the agreement of the accused.
If no exceptions or opposition are given, the cause shall be forwarded by simple decree, which shall declare the instruction closed, to the court corresponding, within three (3) days of the expiry of the previous period.
This decree should mention whether the defendant and his/her defender were issued in the terms of paragraph 3. of this Article.
ARTICLE 13. -Substitute Article 351 of the Code of Criminal Procedure of the Nation, approved by law 23,984 and its amendments, by the following text:
Lift car
Article 351: The order of elevation to judgment shall contain, under penalty of nullity: the date, the personal data of the defendant, the name and address of the civil actor and the civilly defendant, a clear, precise and circumstantial relationship of the facts, their legal status, the operative part and the information provided for in the last paragraph of Article 349.
It shall indicate, where appropriate, how the litis in the claims, counterclaims and their replies have been blocked.
If there are several imputed ones, even if only one of them has deduced opposition, the order of elevation to judgment must be given in respect of all.
ARTICLE 14. -Substitute Article 354 of the Code of Criminal Procedure of the Nation, approved by law 23,984 and its amendments, by the following text:
Integration of the court. Summons to trial
Article 354: Receipt of the process, compliance with the instructions of the instruction shall be verified.
In the case of a single-person integration, the President of the Court shall draw the reasons for the case among the three (3) magistrates according to the income of the cases and under a system of compensation, in such a way that the award is fair.
In the event of an excuse or recusal from the judge of the case, the Secretariat will reassign the same sorteando among the other members, with equal criteria of balance in the distribution.
The court, the acting vowel or the President of the Court, as appropriate, shall cite the Public Prosecutor's Office, and the other parties so that at the end of ten (10) days they may appear on trial, examine the proceedings, the documents and the things they have taken, offer the evidence and make the relevant claims.
In the case of a court other than that of the court, the term shall be fifteen (15) days.
ARTICLE 15. -replace Article 13 of Law 24.050 and its amendments by the following text:
Article 13: The Oral Courts in the Economic Criminal Court will judge in a single instance the crimes investigated by the National Courts of First Instance in the Economic Criminal Court. They shall be incorporated as a single-person court or as a collegiate court in accordance with the provisions of Article 32 of the Code of Criminal Procedure of the Nation.
CHAPTER IV
Final provisions
ARTICLE 16. -The causes pending before the Criminal Courts of the Federal Capital reached by the dissolution or transformation laid down in Articles 1 °, 2 ° and 3 °, respectively, will continue to be processed until their completion before the organs that happen to be dissolved or transformed.
In such cases, the National Chamber of Cassation in the Criminal and Correctional of the Federal Capital will be the court of justice.
ARTICLE 17. -The provisions on the conduct of the single-person trials shall apply to the causes which have been initiated prior to the entry into force of this law.
ARTICLE 18. -The current procuratorates and defenders acting in the courts of the Oral in the Criminal who are dissolved or transformed under the provisions of this law, will do so as prosecutors and defenders before the courts The Court of Justice of the European Court of Justice of the European Court of Justice of the European Court of Justice of the European Court of Justice of the European Court of Justice of the European Community dependencies.
The Public Prosecutor's Office and the Public Ministry of Defense, in the exercise of their respective powers, shall take the necessary measures to address the needs that the implementation of this law requires.
ARTICLE 19. -The Supreme Court of Justice of the Nation and the Council of the Magistrature, in exercise of their respective powers, shall take the administrative and budgetary measures conducive to the installation and operation of the Oral Courts in the Federal Criminal of the Federal Capital that happen to the dissolved or transformed by virtue of the provisions of this law.
ARTICLE 20. -For the purposes of complying with the provisions of this law, the Honorable Congress of the Nation will provide the Bicameral Commission with Monitoring and Implementation of the New Criminal Procedure Code of the Nation of Budgetary Resources. necessary to achieve its task.
ARTICLE 21. -This law will enter into force on the day following its official publication and its implementation will be carried out in accordance with the timetable established by the Bicameral Commission for Monitoring and Implementation of the New Criminal Procedure Code of the A nation that functions in the field of the Honorable Congress of the Nation, after consulting the Ministry of Justice and Human Rights through the Secretariat of Justice and the President of the Council of the Magistracy.
ARTICLE 22. -Contact the national executive branch.
GIVEN IN THE SESSION HALL OF THE ARGENTINE CONGRESS, IN BUENOS AIRES, AT THE TWENTY-SIX DAYS OF THE MONTH OF OCTOBER OF THE YEAR TWO THOUSAND SIXTEEN.
-REGISTERED UNDER NO 27307-
EMILIO MONZO. -FEDERICO PINEDO. -Eugenio Inchausti. -Juan P. Tunessi.
Buenos Aires, 29 December 2016
Under the terms of Article 80 of the National Constitution, I certify that Law No. 27.307 (IF-2016-05369590-APN-SLYT) sanctioned by the HONORABLE CONGRESS OF THE NATION on October 26, 2016, has been enacted in fact on the 17th day of November 2016.
For your publication to the National Directorate of the Official Register, please give a copy to the HONORABLE CONGRESS OF THE NATION and, for your knowledge and other effects, refer to the MINISTRY OF JUSTICE AND HUMAN RIGHTS. Compliment, file. -Pablo Clusellas.
