CRIMINAL PROCEDURAL CODE

Law 27272

Amendment.


ARTICLE 1-Substitute Title IX of book II of the Code of Criminal Procedure of the Nation by the following:


ARTICLE 2 °-Substitute Article 3535a of the Code Processed Criminal of the Nation by the following:

Article 3535a: The procedure for cases of flagrant breach laid down in this Title applies to all the facts of the case in which the circumstances of Article 285 are verified and the maximum penalty does not exceed 15 (15) years prison or twenty (20) years of imprisonment in the cases of Article 119, fourth paragraph, and of article 166, penultimate paragraph, of the Penal Code, or in the case of a crime contest, none of them exceed that amount.

The judicial decisions referred to in this Title shall be taken orally in a public and contradictory hearing, with respect to the principles of inmediation, bilaterality, continuity and concentration.

The resolutions shall be notified orally at the same hearing and the replenishment and appeal appeals shall be lodged and granted in the same manner.

A brief record of the hearing will be worked out, which will be recorded in total by audio support and, to the extent of the court's possibilities, video.

The provisions laid down in this Title shall not apply where the facts or facts concerned are held on the occasion of the exercise of human and/or social rights or of any other constitutional law. If, on the occasion or occasion of the social protest, common offences are committed, they may be subject to the provisions of this Title.

ARTICLE 3-Substitute Article 353 ter of the Code of Criminal Procedure of the Nation by the following:

Article 353 ter: At the time of taking cognizance of the apprehension, the prosecutor must declare, if necessary, the case as a flagrant, submitting the same to the procedure established in this title.

The detainee shall be brought before the judge to participate in an initial oral hearing of a flagrant nature to be held within twenty-four (24) hours of detention, which may be extended for a further 24 hours, if no may be carried out on the grounds of organisation of the court, prosecutor or defence, or where the defendant so requests to appoint a particular defender.

The Public Prosecutor's Office, the defendant, and its human rights defender should attend that hearing.

The victim has the right to attend all hearings and must be notified of the performance of the hearings in order to be heard and eventually be held by the plaintiff. The victim, with the control of the defense, may request to declare without the presence of the accused.

In this hearing, the judge must issue an opinion on the release or detention of the accused. The decision will be notified to the parties orally at the same hearing.

ARTICLE 4 °-Incorporate as article 353 c of the Code of Criminal Procedure of the Nation the following:

Article 353 c: Multipurpose nature of the hearing. All hearings under the procedure laid down in this Title are of a multipurpose nature and may be subject to judicial decisions other than those which may have prompted their designation.

The prosecutor shall, by means of the examination of the identification provided for in Article 297, inform the person concerned of the fact that he is attributed and the evidence against him.

The defendant or his/her human rights defender may well object to the applicability of the procedure for cases of flagrant failure when they consider that the budgets of Article 285 are not verified or that the complexity of the investigation will not make it possible implementation of the procedure provided for in the present case. Such objections must be resolved by the judge at that time.

This decision shall be appealed and the appeal shall have suspensory effect. One of the judges of the court of justice must intervene in the appeal, in accordance with the internal rules which are issued in this respect and be resolved within three (3) days from the date of receipt of the file by the court. The motion for a resolution will be final and will be unfeasible.

The prosecutor shall also ask the judge to carry out all the necessary measures for the purpose of the correct identification of the person concerned, the finding of his domicile, the certification of his or her background, the completion of the report the mental examination provided for in Article 78 of this Code-in the case of a corresponding-and the carrying out of all the tests deemed relevant to complete the instruction and which have not yet been produced. Such measures shall be carried out within a maximum period of 10 (10) or twenty (20) days, if the detention or release of the person concerned is to be maintained, respectively.

For cases where it is essential for the proper exercise of the right of defence, the time limit for the production of proof for the arrested person may be extended by 20 days.

The closing hearing shall be fixed in the same act taking into account the time limit laid down in the preceding paragraph.

The defence may ask for the evidence which it considers relevant, as well as the statement of the accused, in which case it shall be invited to state as soon as it has, and may be questioned by the parties.

They govern the rules laid down for the inquiry into the common procedure in all cases which do not contradict the provisions of this Title. If the accused person requests the release, he must do so orally and the judge will decide at the same hearing.

All matters entered in the initial oral hearing of flagrancy must be resolved by the judge orally, immediately and in a well-founded manner.

The verification of a case of connection with another fact that does not process under this modality, does not prevent the application or continuation of the procedure for cases of flagrancy, as long as the separate investigation of the facts is possible. Otherwise, the judgment must be withdrawn under this scheme.

The secretary shall be prepared to do so.

Article 5 °-Incorporate as article 353 quinquies of the Code of Criminal Procedure of the Nation the following:

Article 353 quinquies: Closing hearing of the procedure for cases of flagrancy. The judge shall give the word to the complaint and to the tax agent in order to request the dismissal or the raising of the cause in question, to which effect they shall accompany in writing the description of the fact and its legal status.

In such an opportunity, they shall, if appropriate, request the judgment of the pre-trial detention. The defence shall formulate its oppositions orally in the terms of Article 349.

The judge shall decide in accordance with the provisions of Article 351 and shall, in the same act, decide on the order of the remand. It may defer the reading of the fundamentals up to a period of three (3) days.

The appeals that have been filed from the beginning of the proceedings until the end of this hearing will be elevated to the show together in this act, with the exception of those planted with the freedom of the accused.

ARTICLE 6-Incorporate as article 353 sexies of the Code of Criminal Procedure of the Nation the following:

Article 353 sexies: From the initial oral hearing of flagrancy to the closing hearing inclusive, the parties may, under penalty of forfeiture, request the judge to suspend the trial, or the conduct of a trial abbreviated. In such cases, if the prosecutor and the defence are in conformity, the judge shall make an immediate statement on the matter, in order to make it known within three (3) days. If there were complaints, prior to the adoption of any of these decisions, your opinion will be required, which will not be binding.

Requests for a declaration of invalidity and exceptions to be considered relevant shall also be entered in this opportunity, which shall be resolved at the same hearing.

ARTICLE 7 °-Incorporate as article 353 septies of the Code Processed Criminal of the Nation the following:

Article 353 septies: Constitution of the court . Offer of proof. Hearing. Date of the debate. Within a term of no more than forty-eight (48) hours of receipt of the case in the debate body, the parties shall be notified of the constitution of the court and shall be summoned to an oral hearing within a time limit which may not be more than five (5) days to offer the test for the debate. The hearing shall be held on the date of origin of the hearing. If the accused were in pre-trial detention, they will discuss the need for their validity. In addition, the nullity and exceptions which have not previously been raised may be introduced.

The court shall, in an oral manner, determine the date of the debate within a period which may not exceed twenty (20) days from the date of the case.

In all cases submitted to the procedure for cases of flagrant failure, the maximum sentence of which is not greater than fifteen (15) years, the judgment will be performed by a single magistrate.

Article 8 °-Substitute Article 285 of the Code of Criminal Procedure of the Nation, by the following:

Article 285: There will be a flagrant violation if the author of the crime was caught at the time of trying, committed, immediately afterwards, if he was persecuted or had objects or presented traces that would reasonably have to be held participate in a crime.

Article 9 °-Substitute Title III of book II, second part of the Code of Criminal Procedure of the Nation, law 27.063, for the following:


Add title IV of book II, second part of the Code of Criminal Procedure of the Nation, law 27.063:


ARTICLE 10. -Incorporate as Article 292 bis of Title III book II, second part of the Code of Criminal Law 27.063, the following:

Article 292 a: The procedure for cases of flagrant breach laid down in this Title applies to all the facts of the case in which the circumstances of Article 184 are verified and the maximum penalty does not exceed 15 (15) years Prison or twenty (20) years of imprisonment, in the cases of Article 119, fourth paragraph, and article 166 of the last paragraph of the Criminal Code of the Nation, or in the case of a crime contest, none of them exceed that amount.

The decisions referred to in this Title shall be taken orally in a public and contradictory hearing, with respect to the principles of inmediation, bilaterality, continuity and concentration.

The resolutions shall be notified orally at the same hearing and the replenishment and appeal appeals shall be lodged and granted in the same manner.

A brief record of the hearing will be worked out, which will be recorded in total by audio support and, to the extent of the court's possibilities, video.

The provisions laid down in this Title shall not apply where the facts or facts concerned take place on the occasion of the exercise of human and/or social rights or of any other constitutional law. If, on the occasion or occasion of the social protest, common offences are committed, they may be subject to the provisions of this Title.

ARTICLE 11. -Incorporate as article 292 ter of the Code of Criminal Procedure of the Nation, law 27.063, the following:

Article 292 ter: At the moment of taking cognizance of the apprehension, the prosecutor must declare, if necessary, the case as a flagrant, submitting the same to the procedure established in this title.

The detainee shall be brought before the judge to participate in an initial oral hearing of a flagrant nature to be held within twenty-four (24) hours of detention, which may be extended for a further 24 hours, if no may be carried out on the grounds of organisation of the court, prosecutor or defence, or where the defendant so requests to appoint a particular defender.

The Public Prosecutor's Office, the defendant, and its human rights defender should attend that hearing.

The victim has the right to attend all hearings and must be notified of the performance of the hearings in order to be heard and eventually be held by the plaintiff. The victim, with the control of the defense, may request to declare without the presence of the accused.

In this hearing, the judge must issue an opinion on the release or detention of the accused. The decision will be notified to the parties orally at the same hearing.

ARTICLE 12. -Incorporation as article 292 c of the Code of Criminal Procedure of the Nation, law 27.063, the following:

Article 292 c: Multipurpose nature of the hearing. All hearings under the procedure laid down in this Title are of a multipurpose nature and may be subject to judicial decisions other than those which may have prompted their designation.

The prosecutor shall inform the person concerned of the fact that he has been assigned and the evidence against him.

The defendant or his/her human rights defender may well object to the applicability of the procedure for cases of flagrant failure when they consider that the budgets of Article 184 are not verified or that the complexity of the investigation will not make it possible implementation of the procedure provided for in the present case. Such objections must be resolved by the judge at that time.

This decision shall be appealed and the appeal shall have suspensory effect. One of the judges of the court of justice must intervene in the appeal, in accordance with the internal rules which are issued in this respect and be resolved within three (3) days from the date of receipt of the file by the court. The House resolution will be final and will be unfeasible.

The prosecutor shall also ask the judge to carry out all the necessary measures for the purpose of the correct identification of the person concerned, the finding of his domicile, the certification of his or her background, the completion of the report the mental examination provided for in Article 66 of this Code-in the case of a corresponding-and the carrying out of all the tests which are deemed relevant to complete the instruction and which have not yet been produced. Such measures shall be carried out within a maximum period of 10 (10) or twenty (20) days, if it is resolved to maintain the detention or to grant the freedom to the accused, respectively.

For cases where it is essential for the proper exercise of the right of defence, the time limit for the production of proof for the arrested person may be extended by 20 days.

The closing hearing shall be fixed in the same act taking into account the time limit laid down in the preceding paragraph.

The defence may ask for the evidence which it considers relevant, as well as the statement of the accused, in which case it shall be invited to state as soon as it has, and may be questioned by the parties.

They govern the rules laid down for the declaration of the defendant in the ordinary procedure in all cases which do not contradict the provisions of this Title. If the accused person requests the release, he must do so orally and the judge will decide at the same hearing.

All matters entered in the initial oral hearing of flagrancy must be resolved by the judge orally, immediately and in a well-founded manner.

The verification of a case of connection with another fact that does not process under this modality, does not prevent the application or continuation of the procedure for cases of flagrancy, as long as the separate investigation of the facts is possible. Otherwise, the judgment must be withdrawn under this scheme.

The secretary shall be prepared to do so.

ARTICLE 13. -Incorporation as article 292 quinquies of the Code of Criminal Procedure of the Nation, law 27.063, the following:

Article 292 quinquies: Closing hearing of the procedure for cases of flagrancy. The judge shall give the word to the complaint and to the tax agent in order to request the dismissal or the raising of the cause in question, to which effect they shall accompany in writing the description of the fact and its legal status.

In such an opportunity, they shall request, if appropriate, the judgment of the remand. The defence shall formulate its oppositions orally in the terms of Article 246.

The judge shall decide in accordance with Article 247 and shall decide in the same act on the order of the remand. It may defer the reading of the fundamentals up to a period of three (3) days.

The appeals that have been filed from the beginning of the proceedings until the end of this hearing will be elevated to the show together in this act, with the exception of those planted with the freedom of the accused.

ARTICLE 14. -Incorporate as article 292 sexies of the Code of Criminal Procedure of the Nation, law 27.063, the following:

Article 292 sexies: From the initial oral hearing of flagrancy to the closing hearing inclusive, the parties may, under the penalty of forfeiture, request the judge to suspend the trial, or the conduct of a trial abbreviated. In such cases, if the prosecutor and the defence are in conformity, the judge shall make an immediate statement on the matter, in order to establish the basis within the three (3) days thereafter. If there were complaints, prior to the adoption of any of these decisions, your opinion will be required, which will not be binding.

Requests for a declaration of invalidity and exceptions to be considered relevant shall also be entered in this opportunity, which shall be resolved at the same hearing.

ARTICLE 15. -Incorporation as article 292 septies of the Code of Criminal Procedure of the Nation, law 27.063, the following:

Article 292 septies: Constitution of the Court . Offer to Test. Hearing. Date of the debate. Within a term of no more than forty-eight (48) hours of receipt of the case in the debate body, the parties shall be notified of the constitution of the court and shall be summoned to an oral hearing within a time limit which may not be more than five (5) days to offer the test for the debate. The hearing shall be held on the date of origin of the hearing. If the accused were in pre-trial detention, they will discuss the need for their validity. In addition, the nullity and exceptions that would not have been previously raised may be introduced.

The court shall, in an oral manner, determine the date of the debate within a period which may not exceed twenty (20) days from the date of the case.

In all cases submitted to the procedure for cases of flagrant whose penalty is less than fifteen (15) years, the judgment will be performed by a single magistrate.

ARTICLE 16. -The operation and results obtained in the application of the procedure provided for in this law shall be reported in half-yearly to the National Chamber of Criminal Cassation and to the Federal Chamber of Criminal Cassation and in an annual manner to the commissions of Justice of the Honorable Chamber of Deputies of the Nation and the Honorable Senate of the Nation.

ARTICLE 17. -Articles 1 ° to 8 °, and 16 of this law shall enter into force with the publication of the present. Articles 9 ° to 15 shall enter into force after the implementation of Law 27,063.

ARTICLE 18. -Contact the national executive branch.

GIVEN IN THE SESSION HALL OF THE ARGENTINE CONGRESS, IN BUENOS AIRES, AT THE SEVEN DAYS OF THE MONTH OF SEPTEMBER OF THE YEAR TWO THOUSAND SIXTEEN.


MARTA G. MICHELETTI. -EMILIO MONZO. -Eugenio Inchausti. -Juan P. Tunessi.


Under the terms of Article 80 of the National Constitution, I certify that Law No. 27,272 (IF-2016-02146291-APN-SLYT) sanctioned by the HONORABLE CONGRESS OF THE NATION on September 7, 2016, has been enacted in fact on the 30th day of September 2016.

For your publication to the National Directorate of the Official Register, please copy to the HONORABLE CONGRESS OF THE NATION and, for your knowledge and other effects, refer to the MINISTRY OF SECURITY and the MINISTRY OF JUSTICE AND HUMAN RIGHTS. Compliment, file. -Pablo Clusellas.