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EXECUTION OF THE CUSTODIAL SENTENCE

Law 27375

Amendment. Law No 24,660.


Article 1-Amend Article 1 of Law 24,660, which shall be worded as follows:

Article 1 °: The execution of the custodial sentence, in all its forms, is intended to ensure that the sentenced person acquires the capacity to respect and understand the law, as well as the seriousness of his acts and the punishment imposed, seeking their proper social reintegration, promoting the understanding and support of society, which will be part of the rehabilitation through direct and indirect control.

The prison system through the prison system must, according to the circumstances of each case, use all the means of interdisciplinary treatment that are appropriate for the purpose stated.

Article 2-Amend Article 5 of Law 24,660, which shall be worded as follows:

Article 5 °: The treatment of the sentenced person must be programmed, individualized and obligatory in respect of the norms that regulate the coexistence, the discipline and the work.

Any other activity that will integrate it will be voluntary.

The personal conditions of the sentenced person must be met, and their interests and needs during the hospitalization and at the time of discharge.

The offender's performance, which may be relevant to the execution of the sentence, must be recorded and reported for evaluation.

Article 3-Amend Article 6 of Law 24,660, which shall be worded as follows:

Article 6: The prison regime shall be based on progressiveness, seeking to limit the permanence of the sentenced person in closed establishments and promoting as far as possible and in accordance with his favorable evolution his incorporation into open institutions, semi-open, or separate sections governed by the principle of self-discipline.

The actions to be taken for their development should be aimed at achieving the interest, understanding and active participation of the internal. The absence of this will be an obstacle to progress in the fulfillment of the penalty and the benefits that this law agrees.

Article 4 °-Amend Article 7 of Law 24,660, which shall be worded as follows:

Article 7 °: The operative decisions for the development of the progressiveness of the prison regime, meeting all relevant legal and regulatory requirements, shall be taken by:

I. The person responsible for the establishment, as regards the period of observation, the planning of the treatment, its verification and its updating;

II. The director of the establishment in the advancement of the internal in the progressiveness or its eventual regression, in the periods of treatment and of the test;

III. The Director-General of the corrective regime, where the transfer of the internal to another establishment in his jurisdiction proceeds;

IV. The executing or competent judge in the following cases:

(a) where the transfer of the internal to an establishment in another jurisdiction is appropriate;

(b) Where the intern is in the probationary period and the incorporation, suspension or revocation of the following shall be resolved:

1. Transitional outputs;

2. Semi-freedom regime;

3. Where the incorporation of the probation period is appropriate.

c) When, exceptionally, the sentenced person could be promoted to any phase of the treatment period that best suits his or her personal conditions, according to the results of the technical-criminological studies. This resolution must be founded.

Article 5-Amend Article 8 of Law 24,660, which shall be worded as follows:

Article 8 °: The implementing rules shall be applied without discrimination or any distinction on the basis of race, sex, language, religion, ideology, social status or any other circumstance. The only differences will be the individualised treatment, the evolution of the progressive regime and the provisions of the law.

Article 6-Amend Article 11 of Law 24,660, which shall be worded as follows:

Article 11: This law applies to those who are prosecuted on condition that their rules do not contradict the principle of innocence and are more favourable and useful to protect their personality. The questions which may be raised shall be settled by the competent judge.

Article 7 °-Article 11a is incorporated into law 24,660, which shall be worded as follows:

Article 11a: The victim shall have the right to be informed and to express his opinion and whatever he considers to be appropriate, before the executing judge or competent judge, when any proposal for the incorporation of the law is substantiated. person sentenced to:

(a) Transitional provisions;

(b) the semi-freedom scheme;

(c) Probation;

(d) Home detention;

(e) Discontinuous or semi-permanent imprisonment;

(f) assisted freedom;

(g) Preparatory arrangements for their release.

The Court of Justice shall, at the time of the judgment of the judgment in order, consult the victim if he wishes to be informed of the conditions referred to in the preceding paragraph. In that case, the victim must establish an address, appoint a legal representative, propose experts and establish the way in which the communications will be received.

The judge who fails to fulfil the obligations laid down in this Article shall be seriously lacking.

Article 8-Amend Article 13 of Law 24,660, which shall be worded as follows:

Article 13: The observation period consists of the medical-psychological-social study of the inmate and in the formulation of the diagnosis and the criminological prognosis. It will begin with the receipt of the testimony of judgment in the technical-criminological body, which must be issued within thirty (30) days. Seeking the cooperation of the internal, the interdisciplinary team will make the history of criminology.

During the period of observation, the technical-criminological body shall be responsible for:

a) To carry out the medical, psychological and social study of the condemned person, formulating the diagnosis and the criminological prognosis; all this will be settled in a duly foliated and signed criminological history that will be kept permanently updated with the information resulting from the execution of the penalty and the treatment established;

(b) To seek the cooperation of the condemned person to project and develop their treatment, in order to achieve their acceptance and active participation, their concerns will be heard;

(c) indicate the stage of the treatment period proposed to incorporate the sentenced person and the establishment, section or group to which it is intended;

(d) determine the minimum time to verify the results of the treatment and to update it, if necessary.

Article 9 °-Article 13a is incorporated into law 24,660, which shall be worded as follows:

Article 13a: For the purposes of complying with the proceeds of the previous Article, the following shall be carried out:

(1) A convicted person shall be transferred to an observation centre within 48 hours of the final judgment in the criminal unit.

(2) The judicial service unit of the penitentiary establishment concerned shall initiate a file by attaching a copy of the judgment, concept of concept, conduct, judicial background report, changes in the system and in the treatment, if any, and the corresponding medical study.

(3) The complete and so-prepared dossier shall be sent to the technical-criminological body in order to comply with all the provisions laid down for that period.

4) The report of the technical-criminological body must specifically indicate the factors that affect the production of the criminal conduct and the modifications to be achieved in the personality of the internal one to comply with the treatment penitentiary.

(5) The above points shall be fulfilled by the file shall be sent to the address of the criminal which shall refer it to the processing unit, which, in accordance with the indications given by the technical-criminological body and after the need to assess the need The intervention of each unit of the establishment will make the corresponding referrals.

In all cases, the persons responsible for the units that have been indicated for the purpose of the treatment of the penitentiary must issue a detailed report on the evolution of the inmate. The report shall be drawn up every thirty (30) days and shall be sent to the Correctional Council, and must be filed for consultation.

When the inmate, for an earlier income as a convicted person in the Federal Penitentiary Service, has already had a criminological history, it must be immediately referred to the criminal-technical agency of the establishment in which he is located. during the observation period, for incorporation as a background of the interdisciplinary studies to be carried out.

Article 10. -amend Article 14 of Law 24,660, which shall be worded as follows:

Article 14: To the extent permitted by the major or minor specialty of the penitentiary establishment, the treatment period may be divided into phases that matter for the sentenced person a gradual attenuation of the restrictions inherent in the the penalty. These phases may include the change of section or group within the establishment or its transfer to another.

The period of treatment shall be progressive and shall aim at increasing the confidence placed in the internal market and the allocation of responsibilities.

The treatment period shall be developed in three (3) stages or stages:

Phase 1. Socialization. It consists in the intensive application of the treatment program proposed by the technical-criminological organism to consolidate and promote the positive factors of the personality of the internal one and to modify or diminish its disvaluable aspects.

Phase 2. Consolidation. It will start once the internal has reached the targets set in the treatment programme for Phase 1. It consists of the incorporation of the internal system into an intermediate regime in accordance with its evolution in this treatment, in which an attenuated supervision will take place to verify the daily acceptance of social norms and norms and the possibility of assign to him duties or activities with minor measures of comptroller.

In order to be incorporated into this phase, the intern must meet the requirements and have achieved the following objectives:

a) Poseer conduct Good five and concept Good five;

(b) not to record any average or serious penalties in the last qualifying period;

(c) Work regularly;

(d) to be in compliance with the educational and training activities and job training indicated in its treatment program;

(e) Maintaining order and proper coexistence;

(f) Demonstrate hygiene habits in person, in their accommodation and in places of shared use;

g) Contar with favorable opinion of the Correctional Council and approval of the director of the establishment.

Phase 3. Confidence. It consists in giving the intern a growing faculty of self-determination in order to evaluate the extent to which it internalizes the essential values for adequate social coexistence, according to the execution of the treatment program.

In order to access this treatment phase, in the last trimester, you will have very good behavior seven and concept Good six and give full compliance to points (b), (c), (d), (e), (f) and (g) foreseen for incorporation into phase 2.

The entry to this stage may involve the convicted inmate:

(a) the lack of direct and permanent surveillance of the work carried out within the limits of the establishment, and/or on grounds or facilities attached thereto.

(b) To perform tasks in an individual or group form with discreet supervision in a duly delimited area.

(c) Accommodation in a separate sector and separate from the one for internal ones that are in other phases of the treatment period.

(d) Extension of the system of visits.

(e) Recreation in an environment consistent with the confidence achieved.

Article 11.-Article 14a is incorporated into law 24,660, which shall be worded as follows:

Article 14a: The entry into the various phases referred to in the preceding article must be proposed by the technical-criminological body.

The Correctional Council, after evaluation of the proposal, shall deliver an opinion in writing. The Director of the establishment shall, in the course of the opinion, settle in an established manner. The incorporation of the internal into phase 3, the management of the establishment, within forty-eight (48) hours will transmit the respective communications to the judge of execution and to the technical-criminological agency.

In case the internal person ceases to gather any of the selective conditions or commits serious disciplinary infringement or the same are repeated, the director, received the information, will proceed to the preventive suspension of the agreed benefits in phase 3, the background must be turned to the Correctional Council, who, within a period not exceeding five (5) days, will propose to which stage or section of the establishment it will be incorporated, communicating such a decision to the executing judge and the agency -criminological.

Article 12.-Amend Article 15 of Law 24,660, which shall be worded as follows:

Article 15: The probationary period shall consist of the systematic use of methods of self-government and shall include:

(a) the incorporation of the sentenced person into an open, semi-open establishment or independent section of the establishment, which is based on the principle of self-discipline;

(b) the possibility of obtaining transitional exits from the establishment;

(c) The incorporation of the semi-freedom regime.

They are necessary requirements for entry to the test period:

1) That the proposal for entry into it should result from the outcome of the observation period and the verification of treatment.

2) Be understood in any of the following minimum execution times:

(a) Temporary penalty without the access to Article 52 of the Penal Code: half of the sentence;

(b) perpetual Penas without the access to Article 52 of the Penal Code: 15 (15) years;

c) Accessor of article 52 of the Penal Code, served the sentence: three (3) years.

3) Do not have open cause or other pending conviction.

4) Own exemplary conduct and exemplary concept.

The director of the establishment shall resolve in a manner founded the grant of the entrance to the probationary period, communicating such a decision to the judge of execution and to the technical-criminological body.

Article 13.-Amend Article 16 of Law 24,660, which shall be worded as follows:

Article 16: Transitional exits, according to the agreed duration, the reason for which the basis and the level of confidence to be adopted may be:

I. For the time:

(a) Departures up to 12 (12) hours;

(b) Exits up to 24 hours;

(c) Salidas, in exceptional cases, up to seventy-two (72) hours.

II. For the reason:

a) To strengthen and improve family and social ties;

(b) to pursue studies of basic, average, polyodal, superior, professional and academic education of a degree or of the special schemes provided for in the legislation in force;

(c) to participate in specific programs of prefreedom to the imminence of discharge for parole, assisted or exhaustion of conviction;

III. By the level of trust:

(a) Accompanied by an employee who in no case shall be in uniform;

(b) Confided to the tuition of a family member or responsible person;

c) Under word of honor.

In all cases, without prejudice to paragraph III (b) and (c), the transitional exits shall be supervised by a social service professional.

Article 14.-Amend Article 17 of Law 24,660, which shall be worded as follows:

Article 17: For the granting of transitional exits or incorporation into the system of semi-freedom, it is required:

I. Be understood in any of the following minimum runtimes:

a) Peñas greater than ten (10) years: one (1) year from the entrance to the test period.

b) Peñas greater than five (5) years: six (6) months from the entrance to the test period.

(c) Peñas under five (5) years: from the entrance to the probationary period.

II. Do not have open cause where you are interested in your detention or other pending conviction, in whole or in part.

III. To possess exemplary conduct or the maximum degree likely to be attained according to the time of hospitalization, during the last year counted from the request of the measure. For the granting of transitional exits or the incorporation into the system of semi-freedom, the conduct and the concept must be merited throughout the period of conviction, with the conduct and the concept of the internal being, for at least two thirds of the time. parts of the sentence fulfilled at the time of the request for benefits, at least Good in accordance with the provisions of Article 102.

IV. Having a favourable report from the Director of the establishment, the Technical-Criminal Body and the Correctional Council of the establishment, in respect of its development and the beneficial effect that the departures or the semi-freedom regime may have have for the future personal, family and social of the condemned person.

V. Not found in the assumptions of Article 56a of this Law.

VI. In the cases of persons convicted of the offences referred to in the third paragraph of Article 128, 129 second paragraph and 131 of the Criminal Code, before a decision is taken, a report of the interdisciplinary team of the court of execution shall be required. and the victim or his/her legal representative will be notified that they will be heard if they wish to do any demonstration. The internal and the victim may propose expert experts in their capacity, who will be entitled to submit their own report.

Article 15.-Amend Article 18 of Law 24,660, which shall be worded as follows:

Article 18: The director of the establishment shall, by way of a well-founded decision, propose to the executing judge or competent judge the granting of the transitional exits or the semi-freedom regime, in particular by:

(a) the place or maximum distance from which the sentenced person may be transferred. If you should spend the night outside the facility, you will be required to have an affidavit from the precise site where you will stay. In these cases, the presence of the inmate at the place of overnight must be verified and verified.

(b) the rules to be observed, with the restrictions or prohibitions deemed appropriate;

c) The level of confidence to be adopted.

Article 16.-Amend Article 19 of Law 24,660, which shall be worded as follows:

Article 19: The transitional exits and the semi-freedom regime shall be available to the executing judge or competent judge upon receipt of the substantiated reports of the technical-criminological body and the Correctional Council of the establishment and verification of compliance with the provisions of Article 17.

Such a report shall contain a history of conduct, concept and criminological opinions from the start of the execution of the sentence.

The judge in his judgment shall state the rules which the sentenced person shall observe and suspend or revoke the benefit if the non-compliance with the rules is serious or repeated.

In the cases of persons convicted of the offences provided for in the third paragraph of Article 128, 129 second paragraph and 131 of the Penal Code, the intervention provided for in Article 56b of this Law shall continue.

In implementing the granting of transitional exits and the semi-freedom regime, an employee or the placement of an electronic control device shall be required to accompany them, which may be waived only by judicial decision, prior to the approval of the control bodies and the interdisciplinary team of the court of execution.

Article 17.-Amend Article 20 of Law 24,660, which shall be worded as follows:

Article 20: The director of the establishment shall be empowered to make effective the transitional exits or the semi-freedom and shall inform the judge of its compliance. The Director shall be responsible for the supervision of the social service professionals.

Article 18.-Amend Article 23 of Law 24,660, which shall be worded as follows:

Article 23: Semi-freedom will allow the convicted person to work outside the establishment without continuous supervision, in equal conditions to those of free life, including salary and social security, returning to the accommodation allocated at the end of each working day.

To this end, it must be insured, in the course of an appropriate occupation or work, to meet the requirements of Article 17 and not to be covered by the exceptions to Article 56a.

Article 19.-Article 23a is incorporated into law 24,660, which shall be worded as follows:

Article 23a: For incorporation into the system of semi-freedom, information shall be required from the Social Assistance Section to which it is established:

a) Data from the employer;

(b) Nature of the job offered;

(c) the place and environment where the tasks will be carried out;

(d) Schedule to be fulfilled;

(e) Payment and method of payment.

The social worker who makes the finding about the job offered will give his opinion on the appropriateness of the proposal for the purpose of his assessment by the Correctional Council.

Article 20.-Amend Article 27 of Law 24,660, which shall be worded as follows:

Article 27: The verification and updating of the treatment referred to in Article 13 (d) shall be carried out by the technical-criminological body and shall be carried out at least every six (6) months.

In the cases of persons convicted of the offences referred to in the third paragraph of Article 128, 129 second paragraph and 131 of the Criminal Code, the professionals of the specialised staff of the establishment shall draw up a detailed report taking into account the evolution of the internal market and any other circumstances that may be relevant.

Article 21.-Amend Article 28 of Law 24,660, which shall be worded as follows:

Article 28: The judge responsible may grant conditional release to the sentenced person who meets the requirements laid down in the Criminal Code, after the substantiated reports of the criminal-technical body of the Correctional Council of the the establishment and management of the prison establishment that individually predict their social reintegration. This report shall contain the background of conduct, the concept and the criminological opinions from the start of the execution of the sentence.

In the cases of persons convicted of the offences referred to in the third paragraph of Article 128, 129 second paragraph and 131 of the Criminal Code, before taking a decision, the judge shall take direct knowledge of the sentenced person and hear him if he wishes to to make some manifestation.

A report of the court's interdisciplinary team will also be required and the victim or his legal representative will be notified, who will be heard if he wishes to make any demonstrations.

The internal and the victim may propose expert experts in their capacity, who will be empowered to present their own report.

In implementing the granting of probation, an electronic control device shall be required, which may only be waived by a judicial decision, subject to a report from the control bodies and the interdisciplinary team of the court of execution.

A file shall be opened with the request of the internal order in which they must be entered:

(a) the legal status of the petitioner in accordance with the sentence, the penalty imposed, his or her maturity, the date on which he or she will be able to access the probation and the other procedural records in his file;

(b) the conduct and concept of the conduct of the execution of the sentence and the possible qualification of the conduct during the process;

(c) If disciplinary sanctions are recorded, the date of the offence committed, the penalty imposed and its compliance;

(d) the position of the intern in the progressiveness of the system detailing the date of incorporation into each period or phase;

e) Report of the Social Assistance Section on the existence and convenience of the proposed domicile;

(f) a proposal founded by the technical-criminological body on the evolution of the treatment based on the updated criminological history;

(g) Opinion of the Council on the appropriateness of its granting, on the basis of the prior interviews of its members with the internal ones, which shall be recorded in the book of minutes.

The report of the Correctional Council based on the provisions of the preceding article shall cover at least the following aspects of the treatment of the internal: psycho-physical health; education and vocational training; work activity; educational, cultural and recreational; family and social relationships; peculiar aspects that present the case; suggestion on the rules of conduct that should be observed if probation was granted.

The prognosis of social reinsertion established in the Penal Code may be favorable or unfavorable according to the assessment that is made and to the conclusions to which they arrive in relation to their social reinsertion for the granting of freedom. conditional. Without prejudice to other causes which may give an unfavourable opinion on social reintegration, it shall be unfavourable:

1) In the case of being subject to criminal proceedings by the commission of new crimes committed during the execution of the sentence;

(2) In the case of failure to achieve the conduct and concept of the internal conduct, the rating at least Good for at least two-thirds of the sentence completed at the time of the request for the release of the probation.

With the information gathered by the Correctional Council and the opinion founded by the director of the establishment on the origin of the order, the latter shall transmit the acts to the consideration of the executing judge.

The inmate shall be immediately notified under constancy of the elevation of his order to the executing judge.

Article 22.-Article 29a is incorporated into law 24,660, which shall be worded as follows:

Article 29a: From forty-five (45) days prior to the time limit set in the Penal Code, the inmate may initiate the processing of his or her order for parole, informing the address that he will set for his discharge.

Article 23.-Article 31a is incorporated into law 24,660, which shall be worded as follows:

Article 31a: Each case shall be placed from its initiation until its closure under the tuition of a social worker of the institution, responsible for the coordination and monitoring of the actions to be undertaken, who shall act together with a representative of the (a) the employer, or, where appropriate, post-penitentiary assistance agencies or other resources of the community whose appropriate cooperation shall be requested.

The Prefreedom Program will be initiated with an internal interview with the designated social worker, who will notify you, on record, your incorporation into the program and will inform you about the purpose of the program, orienting and analyzing the personal and practical issues to be addressed to the discharge, in order to facilitate their reintegration into family and social life. Such an interview shall be invited to participate in the representative of the board of released persons or of post penitentiary assistance agencies or, where appropriate, other community resources.

Article 24.-Amend Article 33 of Law 24,660, which shall be worded as follows:

Article 33: Home detention must be provided by the executing or competent judge.

In Article 32 (b) and (c), the decision shall be based on medical, psychological and social reports.

The home penalty provided for in Article 10 of the Criminal Code, or any alternative or alternative measure to be fully or partially enforced outside the penitentiary establishments, shall be provided by the executing judge or competent judge and supervised in its execution by the employer of the released or a qualified social service, if there is no one.

In no case shall the person be in charge of police or security agencies.

In the cases of persons convicted of the offences referred to in Articles 128 third paragraph, 129 second paragraph and 131 of the Criminal Code, a report of the specialised team provided for in Article 185 (l) of this Law and of the interdisciplinary team of the court of execution, who must evaluate the effect of the granting of the home prison for the personal and family future of the inmate.

The internal and the victim may propose expert experts in their capacity, who will be empowered to present their own report.

When implementing the concession of the home prison, an electronic control device will be required, which can only be dispensed by judicial decision, prior to the favorable report of the control bodies and the interdisciplinary team of the Court of execution.

Article 25.-Amend Article 34 of Law 24,660, which shall be worded as follows:

Article 34: The judge of enforcement or competent judge shall revoke the house arrest where the sentenced person is unreasonably in breach of the obligation to stay at the registered office or where the results of the supervision carried out advise or when any of the conditions and circumstances that gave rise to the measure are modified.

Article 26.-Amend Article 35 of Law 24,660, which shall be worded as follows:

Article 35: The executing or competent judge may, at the request or with the consent of the sentenced person, arrange for the execution of the sentence by the discontinuous and semi-permanent imprisonment when, not being included in the offences provided for in the Article 56a:

(a) Home detention shall be revoked;

(b) It shall be the penalty of a fine in prison, as provided for in Article 21, paragraph 2 of the Criminal Code;

(c) The conditional condemnation provided for in Article 26 of the Criminal Code shall be revoked for failure to comply with the rules of conduct laid down in Article 27a of the Criminal Code;

(d) The probation provided for in Article 15 of the Criminal Code shall be revoked, in the case where the sentenced person has violated the obligation of residence.

Article 27.-Amend Article 45 of Law 24,660, which shall be worded as follows:

Article 45: In each case, the executing judge or competent judge shall determine, by means of a well-founded decision, the plan for the execution of the discontinuous or semi-final prison, the schedules of compulsory submission of the sentenced person, the rules of conduct which undertakes to observe in the free life and the obligation to abide by the rules of coexistence of the institution, having the supervision that it considers appropriate, and must also request reports to the employer in order to evaluate its performance professional.

In the cases of persons convicted of the offences provided for in the third paragraph of Article 128, 129 second paragraph and 131 of the Penal Code, when implementing the discontinuous or semi-final concession, the following shall be required: or the placement of an electronic control device.

The internal and the victim may propose expert experts in their capacity, who will be empowered to present their own report.

Article 28.-Amend Article 54 of Law 24,660, which shall be worded as follows:

Article 54: Assisted freedom shall permit the person convicted of a crime not included in Article 56a and without the access to Article 52 of the Penal Code, the advance discharge and his refund to the free environment three (3) months before the exhaustion of the temporary penalty.

In the cases referred to in Article 56a, the provisions of the 56th paragraph shall apply.

The executing judge or competent judge, at the request of the sentenced person and prior to the reports of the technical-criminological body and the Correctional Council of the establishment, may arrange for the entry of the sentenced person to the system of assisted freedom the sentenced person has the maximum degree of conduct likely to be attained according to the time of hospitalization.

The court of enforcement or competent judge shall refuse the entry of the sentenced person to the scheme if it is covered by the exceptions to Article 56a.

The executing judge or a competent judge shall refuse to transpose the sentenced person to that scheme where he considers that the discharge may constitute a serious risk to the sentenced person, the victim or the company.

In the cases of persons convicted of the offences referred to in the third paragraph of Article 128, 129 second paragraph and 131 of the Criminal Code, before taking a decision, the judge shall take direct knowledge of the sentenced person and hear him if he wishes to to make some manifestation.

A report of the court's interdisciplinary team will also be required and the victim or his legal representative will be notified, who will be heard if he wishes to make any demonstrations.

The internal and the victim may propose expert experts in their capacity, who will be empowered to present their own report.

When implementing the grant of assisted freedom, an electronic control device shall be required, which may only be waived by a judicial decision, subject to a favourable report by the control bodies and the interdisciplinary team of the court. execution.

Article 29.-Article 54a is incorporated into law 24,660, which shall be worded as follows:

Article 54a: The National Directorate of the Prison Service shall send a list of sentenced persons to be released six (6) months before the minimum time required for the granting of probation, assisted or final freedom by exhaustion of the penalty, for the purposes of initiating the tasks of pre-discharge.

Article 30.-Amend Article 56a of Law 24,660, which shall be worded as follows:

Article 56a: The benefits included in the probationary period shall not be granted to those convicted of the following offences:

(1) Aggravated homicides provided for in Article 80 of the Criminal Code.

2. Crimes against sexual integrity, provided for in Articles 119, 120, 124, 125, 125a, 126, 127, 128 first and second paragraphs, and 130 of the Criminal Code.

(3) Illegal deprivation of coercive freedom, if the death of the offended person is intentionally caused, provided for in the first paragraph of Article 142a of the Criminal Code.

4) Torture followed by death, Article 144 ter, paragraph 2, of the Penal Code.

(5) Offences provided for in Articles 165 and 166 (2), second paragraph of the Penal Code.

(6) Extortionate kidnapping, if the death of the offended person is caused, in accordance with the assumptions provided for in Article 170, last and last paragraphs of the Penal Code.

(7) Offences provided for in Articles 145a and b of the Criminal Code.

(8) Cases in which Article 4d of the Criminal Code applies.

9) Financing of terrorism, provided for in Article 306 of the Penal Code.

(10) Offences provided for in Articles 5, 6 and 7 of Law 23.737 or which replace it in the future.

11. Offences provided for in Articles 865, 866 and 867 of the Customs Code.

The sentenced persons included in the preceding categories shall also be unable to obtain the benefits of the discontinuous or semi-final prison, or of the assisted freedom, provided for in Articles 35, 54 and concordant of this law.

Article 31.-Amend Article 56b of Law 24,660, which shall be worded as follows:

Article 56 ter: In the cases of persons convicted of the offences provided for in Title III of the Second Book of the Criminal Code, a specialized and appropriate intervention shall be established for the needs of the inmate in order to facilitate their reinsertion into the social environment, which will be carried out by the specialized team provided for in Article 185 (l) of this law.

In all cases, at the time of recovery of the penalty, the sentenced person, a summary of his/her medical history and a court order shall be granted for the purpose of obtaining a referral to a health centre, in the event that is necessary.

Article 32.-Article 56c shall be incorporated into law 24,660, which shall be worded as follows:

Article 56 c: Preparatory arrangements for the release. In the case of a conviction for offences referred to in Article 56a, progressiveness shall be ensured on the basis of the implementation of a preparatory regime for the release, drawn up through a specific programme of individual, taking into account the seriousness of the offence committed, which allows for greater contact with the outside world.

One year before the conviction was met, provided that the sentenced person had regularly observed the prison regulations and, prior to the report of the management of the establishment and experts, that he or she was to predict in an individualized and favorable manner social reintegration, may be granted access to freedom under that scheme. In this case, the first three (3) months shall be devoted to the preparation within the establishment of the sentenced person for the release, after which the carrying out of departures with accompaniment shall be admitted for a period of six (6) months and, finally, In the last three (3) months the sentenced person will access the possibility of entering the exit regime outside the prison facility without supervision.

In all cases the departures shall be daytime and by instalments not exceeding twelve (12) hours.

Article 33.-Article 56d shall be incorporated into law 24,660, which shall be worded as follows:

Article 56 quinquies: The executing judge or competent judge shall refer to the National Register of Benefits or other Processing Measures (Renabem), or to which it corresponds, within five (5) days after being signed, copies of the following procedural documents, indicating in all cases the legal rules in which they are founded:

(a) The granting of transitional exits.

b) Incorporation to the semi-freedom regime.

c) Discontinuous prison, semi-tent, night prison.

(d) The granting of a home prison.

e) Grant of assisted freedom.

f) Granting of probation.

(g) All the benefits included in the trial period provided for by the law on the execution of the penalty.

h) Suspension of the trial process.

The data belonging to the sentenced person shall also be settled, namely:

1) Name and surname of the sentenced person to benefit.

2) Place and date of birth.

3) Nationality.

4. "marital status" and, where appropriate, the names of the spouse.

5) domicile or residence fixed to enjoy the benefit and/or probation.

6) Profession, employment, trade or other means of life denounced.

7) Numbers of identity documents and authorities that issued them.

8) Names and names of parents.

9) Number of records.

10) Previous convictions and intervening courts.

11) The time of the sentence set by the court, the time of the deprivation of liberty must be indicated and the one that I will miss to fulfill.

12) The date of the judgment, the court that issued it and the number of cause.

13) The criminal record.

14) The opinions of the technical-criminological body and the Correctional Council of the prison establishment.

15) The rules that the sentenced person should observe.

Article 34.-Amend Article 71 of Law 24,660, which shall be worded as follows:

Article 71: The individual or collective movement of inmates will be subtracted from public curiosity and will be exempt from advertising. It shall be carried out in hygienic and safe means of transport.

The administration shall regulate the precautions to be used against possible evasions, which in no circumstances will cause unnecessary suffering to the internal.

In the case of transfers motivated by the notification of relevant procedural documents, they shall be carried out only where the notification cannot be made by means of an audiovisual communication.

Article 35.-Amend Article 160 of Law 24,660, which shall be worded as follows:

Article 160: The visits and correspondence received or sent by the internal and telephone communications shall be in accordance with the conditions, opportunities and supervision to be determined by the regulations, which may not undermine the provisions of the Articles 158 and 159.

Telephone communications via mobile equipment or terminals are prohibited.

To this end, inhibitors must be installed in the pavilions or modules of each criminal.

The violation of the prohibition provided for in this article will be considered a serious fault in the terms of Article 85 of this law.

Article 36.-Amend Article 166 of Law 24,660, which shall be worded as follows:

Article 166: The inmate shall be authorized, in the event of a serious illness or accident or the death of family members or relatives with a right to visit or correspondence, to perform his or her moral duties, except where they are serious and substantiated. reasons to resolve the contrary.

In the cases of persons prosecuted or convicted of the offences provided for in Title III of the Second Book of the Criminal Code, or in respect of other offences when the judge considers it appropriate, the accompanying two shall be required in all cases. (2) employees of the Service of Custody, Trassides and Fixed Objectives of the Federal Penitentiary Service.

Article 37.-Amend Article 185 of Law 24,660, which shall be worded as follows:

Article 185: establishments for the execution of custodial sentences, having regard to their specific destination, shall have at least the following means:

(a) suitable staff, in particular the person who is in daily contact with the inmates, who must carry out a predominantly educational activity;

(b) A technical-criminological body formed by a multidisciplinary team consisting of a psychiatrist, a psychologist and a social worker, and, as far as possible, among others, by an educator and a lawyer, all of whom are specialized in criminology and related disciplines;

(c) Medical and dental service according to the location, type of establishment and needs;

(d) Work programmes to ensure the full occupation of the eligible inmates;

(e) Library and school by teaching staff with an enabling title, with the sections indispensable for the teaching of the inmates who are obliged to attend;

(f) Chaplain appointed by the State or directly attached to the establishment;

(g) Correctional Council, whose members represent the essential aspects of the treatment;

(h) Facilities for recreational and sports programmes;

(i) Local and appropriate means to house inmates who have acute psychiatric episodes or psychopathic pictures with serious disturbances of the conduct;

(j) separate and independent sections for the accommodation and treatment of drug-dependent inmates;

(k) appropriate facilities for the various classes of authorised visits;

(l) A team composed of professionals specialized in the assistance of inmates convicted of the crimes provided for in Title III of the Second Book of the Penal Code.

Article 38.-Amend Article 14 of the Criminal Code, which shall be worded as follows:

Article 14: Probation shall not be granted for repeat offenders. It shall also not be granted where the sentence is:

(1) Aggravated homicides provided for in Article 80 of the Criminal Code.

2) Crimes against sexual integrity, provided for in the arts. 119, 120, 124, 125, 125 bis, 126, 127, 128 first and second paragraphs, and 130 of the Criminal Code.

(3) Illegal deprivation of coercive freedom, if the death of the offended person is intentionally caused, provided for in the first paragraph of Article 142a of the Criminal Code.

4) Torture followed by death, Article 144 ter, paragraph 2, of the Penal Code.

(5) Offences provided for in Articles 165 and 166 (2), second subparagraph, of the Criminal Code.

(6) Extortionate kidnapping, if the death of the offended person is caused, in accordance with the assumptions provided for in Article 170, last and last paragraphs of the Penal Code.

(7) Offences provided for in Articles 145a and b of the Criminal Code.

(8) Cases in which Article 4d of the Criminal Code applies.

9) Financing of terrorism provided for in Article 306 of the Penal Code.

(10) Offences provided for in Articles 5, 6 and 7 of Law 23.737 or which replace it in the future.

11. Offences provided for in Articles 865, 866 and 867 of the Customs Code.

Article 39.-The creation of the National Register of Benefits or other Processed Measures (Renabem) in the orbit of the Ministry of Justice and Human Rights.

Article 40.-Amend Article 228 of Law 24,660, which shall be worded as follows:

Article 228: The Nation shall readjust the laws and regulations in place within one (1) year of the entry into force of this law, in order to agree with its provisions.

Likewise, the provinces and the Autonomous City of Buenos Aires are invited to readjust their legislation and prison regulations.

Article 41.-Amend Article 229 of Law 24,660, which shall be worded as follows:

Article 229: This law is complementary to the Penal Code in what it does to the computes of punishment and regimes of probation and assisted freedom.

Article 42.-Commune to the national executive branch.

GIVEN IN THE SESSION HALL OF THE ARGENTINE CONGRESS, IN BUENOS AIRES, FIVE DAYS OF THE MONTH OF JULY OF THE YEAR TWO THOUSAND SEVENTEEN.


EMILIO MONZO. -FEDERICO PINEDO. -Eugenio Inchausti. -Juan P. Tunessi.