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Code Of Criminal Procedure

Original Language Title: CODIGO PROCESAL PENAL MODIFICACION

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image start infoleg site The Ministry of Justice and Human Rights
CRIMINAL PROCEDURAL CODE

Law 27384

Amendment.

The Senate and Chamber of Deputies of the Argentine Nation, meeting in Congress, etc.

Law:

Article 1.-Substitute Article 23 of the Code of Criminal Procedure of the Nation, approved by law 23,984 and its amendments, by the following:

Competition and integration of the National Chamber of Cassation in the Criminal and Correctional of the Federal Capital

Article 23.-The National Chamber of Cassation in the Criminal and Correctional of the Federal Capital judges the resources of unconstitutionality, appeal and review.

The judges of the House of Cassation shall act in a single-person manner only in the knowledge and decision:

1 °) Of the questions of competence.

2 °) Of the resources brought against the resolutions adopted in the cases of Book II, Title IV, Chapter III of this Code.

3.) Of the crimes repressed with non-custodial punishment and those of private action.

4 °) Of the questions of excusement or recusal.

5 °) Of the assumptions of Book III, Title II, Chapter IV, of this Code.

In the case of a single-person integration, the President of the Court shall draw the cause among the three (3) magistrates, according to the income of the causes and under a system of compensation, in such a way that the award is fair.

For the remaining cases, three (3) judges will intervene, however, which may dictate a valid resolution by the matching vote of two (2) of them.

Article 2.-Incorporate as Article 24a of the Code of Criminal Procedure of the Nation, approved by law 23,984 and its modifications, the following:

Integration of the Chamber of Appeal

Article 24a.-Judges of the Chamber of Appeal shall act in a single-person manner only in the knowledge and decision:

1 °) Of the questions of competence.

2 °) Of the resources brought against the resolutions adopted in the cases of Book II, Title IV, Chapter III of this Code.

3.) Of the crimes repressed with non-custodial punishment and those of private action.

4 °) Of the questions of excusement or recusal.

In the case of a single-person integration, the President of the Court shall draw the cause among the three (3) magistrates, according to the income of the causes and under a system of compensation, in such a way that the award is fair.

For the remaining cases, three (3) judges will intervene, however, which may dictate a valid resolution by the matching vote of two (2) of them.

Article 3.-Substitute Article 30a of the Code of Criminal Procedure of the Nation, approved by law 23,984 and its amendments, by the following:

Competition and integration of the Federal Criminal Court of Cassation

Article 30a.-The Federal Chamber of Criminal Cassation judges the appeals of unconstitutionality, appeal and review against the judgment and resolutions handed down by the Oral Courts in the Federal Criminal Court with a seat in the Capital Federal and in the provinces, the National Criminal and Federal Appeals Chamber of the Federal Capital and the federal appeals chambers with seat in the provinces, national judges in the criminal and federal correctional of the Federal Capital and Federal First Instance Judges with Seat in the Provinces and oral courts and the National Chamber of Appeals in the Economic Criminal, respectively. It has territorial jurisdiction throughout the Republic considered to this effect as a single judicial jurisdiction. It also understands in the cases provided for in Article 72a of Law 24.121.

The judges of the Federal Criminal Court will act in a single-person way only in the knowledge and decision:

1 °) Of the questions of competence.

2 °) Of the resources brought against the resolutions adopted in the cases of Book II, Title IV, Chapter III of this Code.

3.) Of the crimes repressed with non-custodial punishment and those of private action.

4 °) Of the questions of excusement or recusal.

5 °) Of the assumptions of Book III, Title II, Chapter IV of this Code.

In the case of a single-person integration, the President of the Court shall draw the cause among the three (3) magistrates, according to the income of the causes and under a system of compensation, in such a way that the award is fair.

For the remaining cases, three (3) judges will intervene, however, which may dictate a valid resolution by the matching vote of two (2) of them.

Article 4 °.-Incorporate as Article 31a of the Code of Criminal Procedure of the Nation, approved by law 23,984 and its modifications, the following:

Integration of the Federal Chamber of Appeal

Article 31a.-Judges of the Federal Appeals Chamber shall act in a single-person manner only in the knowledge and decision:

1 °) Of the questions of competence.

2 °) Of the resources brought against the resolutions adopted in the cases of Book II, Title IV, Chapter III of this Code.

3.) Of the crimes repressed with non-custodial punishment and those of private action.

4 °) Of the questions of excusement or recusal.

In the case of a single-person integration, the President of the Court shall draw the cause among the three (3) magistrates, according to the income of the causes and under a system of compensation, in such a way that the award is fair.

For the remaining cases, three (3) judges will intervene, however, which may dictate a valid resolution by the matching vote of two (2) of them.

ARTICLE 5.-The provisions on the integration and the single-personnel performance of the Chambers shall apply to the causes which have been initiated prior to the entry into force of this law.

ARTICLE 6.-Prosecutors and advocates who perform before the National Chamber of Appeals in the Criminal and Correctional, the National Criminal and Correctional Appeals Chamber of the Federal Capital, the Federal Chambers of Appeals with a seat in the provinces, the Federal Criminal Court and the National Chamber of Cassation in the Criminal and Correctional of the Federal Capital, respectively, will do so by maintaining their work equipment, whether or not they are act as a single-person court or as a collegiate court.

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 7 °.-The appropriations necessary for the implementation of this law will be charged to the budget corresponding to the Judicial Branch of the Nation.

Article 8 °. This law shall enter into force on the day following that of its official publication and its implementation shall be carried out in accordance with the timetable established by the Bicameral Monitoring and Implementation Commission of the New Code of Procedure. The Nation's Criminal Law, which works 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.

( Note Infoleg : by art. 1 ° of the Resolution No 2/2017 of the Bicameral Commission of Monitoring and Implementation of the New Criminal Procedure Code of the Nation B.O. 13/10/2017 is fixed as the date of implementation of the mechanism of the one-personal action provided for in the articles 1 °, 2 °, 3 ° and 4 ° of the present Law the Day 1 of November 2017)

ARTICLE 9 °.-Commune to the national executive branch.

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

-REGISTERED UNDER NO 27384-

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

ê 02/10/2017 N ° 74376/17 v. 02/10/2017