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Ministry public prosecutor law 27148 law organic public prosecutor's Office. Functions. Sanctioned: 10 June 2015 promulgated: 17 June 2015 the Senate and Chamber of deputies of the Argentina nation gathered in Congress, etc. they attest to the force of law: law organic of the Ministry public prosecutor title i. functions and principles Chapter 1 features article 1 - general mission. The public prosecutor of the Ministry is the body responsible for promoting the performance of Justice in defence of the law and the general interests of the society. In particular, its mission is ensuring the effective observance of the Constitution and the international human rights instruments to which the Republic is a party and to ensure access to justice for all the people.
Article 2 - functions in defense of the Constitution and the general interests of the society. To ensure the effective observance of the Constitution and the international human rights instruments to which the Republic is a party, the public prosecutor of the Ministry shall be: to) decide in cases that come to knowledge of the Supreme Court of Justice of the nation, provided that there is controversy about the interpretation and direct application of a rule of the national Constitution and the international human rights instruments to which the Republic is a part; This will be determined by the Procurator General of the nation based on the analysis of regulatory provisions or of the circumstances and particularities of the case. (b) decide on any other matter in which the Supreme Court of Justice of the nation requires its opinion founded on reasons of institutional gravity or by the importance of the disputed legal norms. Also the public prosecutor of the Ministry can intervene, according to the circumstances and importance of the subject, in the cases submitted in any federal court of the country or national court https://www.boletinoficial.gob.ar/pdf/linkQR/Wk00aFBmYWpYZlZycmZ0RFhoUThyQT09 with competition on the autonomous city of Buenos Aires, in cases in which such competition, has not transferred whenever they wonder the entry into force of the Constitution or international human rights instruments that the Republic (is a party, or in the case of: c) conflicts in which collective or diffuse interests affected are. (d) conflicts in which is affected the general interest of society or a transcendent public policy. (e) disputes that access to justice is affected in a serious manner by the special vulnerability of one of the parties or by the notorious asymmetry between them. (f) conflicts of competence and jurisdiction of the courts. (g) cases determined that a special rule.
Article 3 - functions in criminal matters. The public prosecutor of the Ministry is responsible for secure criminal prosecution policy and exercise public criminal action, as establishes it the criminal procedural code of the nation and laws complementary, in all federal crimes and ordinary crimes committed in the area of the autonomous city of Buenos Aires while his competition not has been transferred to the local jurisdiction. Also, intervenes and manages all extradition requests made by other States in the country.
Chapter 2 principles article 4° - functional autonomy and independence. The Ministry public prosecutor exercises his functions with functional autonomy, without subjection to instruction or directives emanating from bodies outside its structure.
Article 5 – relations with the Executive branch. The Ministry Public Prosecutor shall deal with the national executive branch through the Ministry of Justice and human rights of the nation or which fulfil these functions. They are excluded from the functions of the public prosecutor the Ministry of the representation of the State or of the State Treasury at trial, as well as the permanent advice to the national executive power. However, the national executive power, through the appropriate Minister, may contact the Attorney General of the nation in order to coordinate efforts to make the defence of the general interests of the society and the criminal prosecution more effective.
Article 6 – relations with the legislative branch. On the occasion of the opening of the ordinary session of the National Congress, the Procurator-General of the nation shall refer to the Bicameral Committee, whose composition and functions will set the National Congress, a detailed report of the proceedings by the bodies under its jurisdiction, which must include an evaluation of the work carried out in the exercise, an analysis of the efficiency of the service and proposals about amendments and legislative improvements required. The public prosecutor of the Ministry will be consulted on occasion analysed and discussed draft laws or regulations within its competence.
Article 7 - requirement for collaboration. Members of the public prosecutor of the Ministry may require reports to national, provincial, municipal agencies and the city https://www.boletinoficial.gob.ar/pdf/linkQR/Wk00aFBmYWpYZlZycmZ0RFhoUThyQT09 Autonoma de Buenos Aires, to private bodies and individuals. You can also quote people to provide statement, which will be required to attend and may be conducted by the security forces in case of unjustified absence. Public bodies and security forces shall be on collaboration and the steps that are required them, adapting to the directives given by the members of the public prosecutor of Ministry and for this purpose the staff and the necessary means at its disposal.
Article 8 - generic research. Members of the public prosecutor of the Ministry may be generic investigations provided for in article 213 of the criminal procedural code of the nation. So, holders of the District Prosecutor, the specialized agencies and the specialized tax units should report its home to the power of Attorney General of the nation, as regulations handed down in this regard. Generic research you can apply for and produce information aimed at the identification of criminal phenomena that guide the criminal hypothesis from one or more preliminary research finding. The application of measures of personal coercion will not proceed.
Article 9 - functional principles. The Ministry Public Prosecutor shall exercise its functions in accordance with the following principles: to) unity of action: the public prosecutor's Ministry is a hierarchical organization whose highest authority is the General Attorney of the nation. His performance is unique and indivisible and shall be fully represented in the performance of each of its officers. Each officer will monitor the performance of those who attend it and will be responsible for the management of officials in charge. These will act according to the instructions given by his superiors and in accordance with provisions in this law. (b) dynamic organization: the Organization and structure of the public prosecutor of the Ministry shall be governed under the criteria of flexibility and dynamism, in view of the needs that the complexity and social conflict require him. (c) respect for human rights: will develop its activities in accordance with the principles, rights and guarantees established in the Constitution, the treaties and international conventions, while respecting human rights and ensuring their full force. (d) objectivity: will require the fair application of the law, ensuring the balanced protection of all values and legal principles in force and the rational and balanced exercise of the criminal power of the State. (e) conflict management: seek the settlement of disputes in order to restore the harmony between its protagonists and social peace. (f) guidance to the victim: must direct their actions taking into account the interests of the victim, who must provide extensive assistance and respect. It shall inform it on the outcome of the investigations and notify you the resolution that puts an end to the case, even though you have not constituted as a Prosecutor, in accordance with the procedural rules in force. It will seek the maximum cooperation with prosecutors. (g) accessibility and gratuity: promote the rights recognized to the victim by law, facilitating their access to the justice system for free. (h) efficiency and deformalisation: ensure suitable and efficient management of information, resources and public goods. It shall ensure that procedures are simple and agile without further formalities to which established laws. (i) transparency: will subject its activity to transparency guidelines, informing the criteria that guide the persecution and criminal selectivity, annual objectives and the results of its management, in such a way that the performance of its officials and the institution as a whole can be assessed. (j) liability: members of the public prosecutor of the Ministry shall be subject to the https://www.boletinoficial.gob.ar/pdf/linkQR/Wk00aFBmYWpYZlZycmZ0RFhoUThyQT09 administrative responsibility and corresponding criminal.
Title II Organization Chapter 1 bodies article 10. -Permanent bodies. The Ministry Public Prosecutor shall consist of the following organs on an ongoing basis, without prejudice to those who believe by decision of the Procurator-General of the nation to deal with a set of cases or a criminal phenomenon in particular: to) power of Attorney General of the nation. (b) Council General of the public prosecutor of Ministry). (c) district prosecutors. (d) prosecutors in non-criminal matters in the area of the autonomous city of Buenos Aires. (e) District Attorney tax units. (f) specialized agencies. (g) specialized tax units. (h) General directions.
Chapter 2 power of Attorney General of the nation article 11. -Attorney General of the nation. Designation. The Procurator-General of the nation is the head of the public prosecutor of the Ministry and is responsible for its proper functioning. His authority extends throughout the national territory. The Procurator-General of the nation shall be appointed by the national executive power with consent of the Senate by a two-thirds (2/3) of its members present. To be Attorney General of the nation is required to be an Argentine citizen with degree of national validity, with eight (8) years of practice, and meet the other required qualities to be Senator. The power of Attorney General of the nation is the seat of performance by the Procurator-General of the nation.
ARTICLE 12. -Functions and powers. The functions and powers of the Procurator-General of the nation are: to) design and set the general policy of the public prosecutor of the Ministry and, in particular, the policy of prosecution that allow the effective exercise of public criminal action. (b) develop and implement the necessary regulations for the Organization of the various agencies of the Ministry Public Prosecutor and conclude the contracts required for its operation, through the administrative bodies. (c) establish the formation, set up headquarters and the territorial scope of the Prosecutor's offices of district. (d) provide alternative or joint performance of two (2) or more members of the public prosecutor's Office when the importance and difficulty of a case or criminal phenomenon advisable to do. https://www.boletinoficial.gob.ar/pdf/linkQR/Wk00aFBmYWpYZlZycmZ0RFhoUThyQT09 members
the team may be same or different hierarchy and belong to a same or different District Prosecutor. (e) provide the performance of fiscal generals needed to perform the functions of the Ministry public prosecutor to the Federal Chamber of Penal Cassation and the National Chamber of Penal Cassation, the criteria for selection, the term and the organization that establishes the respective regulations. (f) to exercise the general Superintendence over all the members of the body, manage human and material resources and make the budget of the Ministry public prosecutor. (g) organize, regulate and manage human resources and financial administrative service of the Agency, through the corresponding dependencies, and having the expenditure in accordance with the allocated budget. (h) give instructions of a general nature, which enable the better development of the service, optimizing the results of management with observance of the principles that govern the functioning of the public prosecutor's Office Prosecutor of the nation. (i) raise to the legislature the opinion of the Ministry public prosecutor about the appropriateness of certain legislative reforms and the Executive Branch, through the Ministry of Justice and human rights, whether it's regulatory reform or the design of public policies within their competence. (j) representing the Agency in its relations with other powers of the State, and coordinate activities and agreements with national, provincial, municipal authorities and other institutions, public or private; as well as with ministries public prosecutors from other Nations. (k) license to members of the public prosecutor of the Ministry when not applicable to other body, in accordance with the provisions of this law and the regulations issued in this regard. (l) increase to the Executive Branch, through the Ministry of Justice and human rights, the shortlists of candidates resulting from competitions for magistrates of the public prosecutor of the Ministry. (m) impose sanctions on judges, civil servants and employees of the Ministry Public Prosecutor, in cases and in accordance with provisions of this law and the regulations issued in this regard. (n) promote the prosecution of members of the public prosecutor Fiscal of the nation, in accordance with the provisions of this law and the regulations issued in this regard, and request the prosecution of judges before the competent bodies when they found in the grounds foreseen by article 53 of the national Constitution. (o) approve and give publicity to the annual management report referred to in this law. (p) other functions provided for in this law. The Procurator-General of the nation may make specific delegations with respect to the functions and duties referred to in this article on judges or officials of the General procurement of the nation, in accordance with the regulations issued in this regard. In the case of a license, challenge, excusacion, hindrance or vacancy of the Procurator-General of the nation, the functions and duties referred to in this article shall be exercised by a tax District Coordinator, in accordance with the regulations issued in this regard. In the absence of designation, it will speak to whoever is senior in such office.
ARTICLE 13. -Intervention before the Supreme Court of Justice of the nation. The Procurator-General of the nation will intervene directly or through tax prosecutors in cases which are under way before the Supreme Court of Justice of the nation. License, challenge, excusacion, hindrance or vacancy of the Procurator-General of the nation, their functions before the Supreme Court of Justice shall be exercised by a procurator fiscal https://www.boletinoficial.gob.ar/pdf/linkQR/Wk00aFBmYWpYZlZycmZ0RFhoUThyQT09, in accordance with the regulations issued in this regard. In the absence of designation, it will speak to who has more seniority in office.
ARTICLE 14. -Secretary General of the General power of Attorney of the nation. The Attorney General of the nation will be assisted by a Secretariat General of the power of Attorney General of the nation, which will have the following functions: to) provide assistance and advice in all matters of the powers of the General Attorney Office of the nation and which has assumed participation. (b) coordinate the functioning of all the organs of the General Attorney Office of the nation and keep informed the Procurator General of the nation on the progress or difficulties of affairs in particular. (c) tracking the fulfillment of instructions or regulations dictated by the Procurator-General of the nation. (d) to organize the office of the General power of Attorney of the nation, give effect to orders report, deal with the issues that need to be resolved within the scope of the power of Attorney General of the nation and supervise the work of all officials and employees of the office. The Secretaries-General shall be appointed or replaced in that function directly by the Procurator-General of the nation.
Chapter 3 Council General of Ministry Public Prosecutor of the nation article 15. -General Council of the public prosecutor of the nation. The Council General of the Ministry Public Prosecutor of the nation will have the following functions: to) advise the Procurator General of the nation in the design of criminal prosecution policy and in other issues this request. (b) propose corrective action or general instructions for the better functioning of the institution. (c) summon persons and institutions that, by his professional experience or technical skills, appropriate listening for the better functioning of the institution. (d) decide when a general statement of the Procurator-General of the nation or a statutory provision was objected to by a magistrate of the Ministry Public Prosecutor, under regulations issued in this regard. (e) the other powers assigned to it by this law or regulations.
ARTICLE 16. -Integration and sessions. The Council General of the public prosecutor of Ministry will be integrated by the Procurator General of the nation, who will chair it, and six (6) members with office of attorney general. Its members will last two (2) years in this function and will be elected by the direct vote of the magistrates of the public prosecutor of Ministry, in accordance with the regulations issued in this regard. They may be re-elected for a consecutive period only (1). The Council will ordinarily be held at least two (2) times a year and, remarkably, when convened it the General Attorney of the nation. Decisions shall be taken by a majority of its members.
Chapter 4 https://www.boletinoficial.gob.ar/pdf/linkQR/Wk00aFBmYWpYZlZycmZ0RFhoUThyQT09 article 17 district prosecutors. -District prosecutors. The District Attorney is the body responsible for carrying out the functions of the public prosecutor of the Ministry in a particular territorial area, through decentralized offices and tax units comprising it, in coordination with the specialized agencies, the specialized units and Directorates-General, in accordance with the provisions of this law and the regulations issued in this regard.
ARTICLE 18. -District Prosecutor Coordinator. The tax District Coordinator will be directly responsible for the proper functioning of the institution in the respective area. It performs public criminal action and powers which the law gives to the public prosecutor of the Ministry. The tax District Coordinator shall be appointed for a period of two (2) years. Fiscal generals of the respective tax district may aspire to that function, and for this purpose a work plan must be submitted to the Procurator General of the nation, who will choose them based on its proposal and personal suitability for the position, according to regulations issued in this regard. It should not arise any work plan the Procurator-General of the nation must expand the call to Attorneys General of other tax districts. You can proceed in the same way when present a single plan of work. In case of license, challenge, excusacion, hindrance or vacancy of the tax District Coordinator, the functions and duties referred to in this article shall be exercised by who appoint the tax district coordinator between fiscal generals that comprise, in accordance with the regulations issued in this regard.
ARTICLE 19. -Features. The tax District Coordinator's function: to) coordinate and organize tax units according to criteria that avoid watertight compartments and isolated performances, giving priority to the distribution of the work by the flow of entry and exit of cases. (b) build temporary teams for generic or complex investigations. (c) organize administratively the distribution of cases entering the Prosecutor's office of district, through General and objective rules, between the different tax units, according to their functions, specialty and performance criteria. When a fiscal unit is integrated by more than one judge, work among them will be distributed by a system of shifts or draw, except that along with the tax District Coordinator agree another criterion of allocation of cases. (d) to centralize information for investigative purposes and examine the linkages between the different cases. (e) establish joint action and exchange of information with other prosecutors of district of the region. (f) establish relations of coordination, action, exchange of information, assistance and support with the Directorates-General. (g) provide intervention joint tax units and agencies specialized in one or more cases. (h) the specialized agencies assigned cases requiring a centralized performance under its complexity, territorial extension, diversity of phenomena involved, connection with other cases and other issues which make it advisable for a greater efficiency of the prosecution. The Prosecutor of the corresponding District Prosecutor must be informed and can collaborate in the case. (i) interact with the authorities and provincial, municipal and communal bodies for research made federal criminal having connection or with crimes or offences local effects.
https://www.boletinoficial.gob.ar/pdf/linkQR/Wk00aFBmYWpYZlZycmZ0RFhoUThyQT09 j) resolving administrative matters relating to the licensing and transfer of the staff of the Prosecutor's offices of district, with the scope established by the regulation issued by the Procurator-General of the nation.
ARTICLE 20. -Duties. Fiscal Coordinator district has as a duty: to) respond requests for reports that the Procurator-General of the nation makes them. (b) carry out any other function that the Procurator-General of the nation entrusted, in accordance with the regulations issued in this regard. (c) attend regularly jails and other places of detention, temporary or permanent, to make knowledge and monitor the situation of persons housed there, promote or recommend measures to the correction of the penitentiary system and to comply with the provisions of article 18 of the Constitution and the international human rights instruments. (d) to coordinate the actions of tax units with the specialized agencies, the specialized units and Directorates-General, and ensure the participation of these in his district where appropriate as well. (e) appoint the fiscal reviewer for all cases provided for in the procedural criminal code of the nation which territorially correspond to the district, including those in which acting agencies or specialized tax units. The designation will be held for sweepstakes or a shift system that ensures an equitable distribution of the workload between all the judges of the district, unless other criteria agreed by consensus. (f) to ensure that the investigation of the cases is conducted quickly and desformalizada.
ARTICLE 21. -Tax district prosecution units. Tax units will have a dynamic and flexible composition and will be integrated by prosecutors General, fiscal, auxiliary prosecutors, assistant prosecutors, officials and employees of the public prosecutor of the Ministry. They shall serve in criminal action and pursued the investigation of crimes committed in their territorial scope and the management of the alternatives to criminal process outputs. The fiscal unit staff will be appointed by the Attorney General on the proposal of its holder. Tax District Prosecutor's office units will be prioritizing the following functions: to) assistance to victims. (b) care to the public. (c) common services for admission, registration and distribution of cases. (d) management of the files of research and communications. (e) alternative outlets to the criminal process in early form and agreements. (f) research. (g) complex investigations. (h) litigation, trial and appeals. (i) penal execution. (j) litigation of cases in federal non-criminal matter with seat in the provinces. When a fiscal unit is integrated by more than one judge, work among them will be distributed by lot, unless next fiscal District Coordinator agree another criterion of allocation of cases. The function of criminal execution will be in charge of a fiscal unit of the General power of Attorney of the nation for ordinary offences committed in the area of the autonomous city of Buenos Aires.
Chapter 5 agencies specialized https://www.boletinoficial.gob.ar/pdf/linkQR/Wk00aFBmYWpYZlZycmZ0RFhoUThyQT09 article 22. -Specialized agencies. The power of Attorney General of the nation will have the following agencies specialized in a permanent way: to) Office of administrative investigations. b) Attorney for the defense of the Constitution. (c) Attorney of crimes against humanity. (d) Attorney's economic crime and laundering. (e) office of Narcocriminalidad. (f) office of trafficking in and exploitation of persons. (g) office of institutional violence. The Procurator-General of the nation shall establish by resolution the scope and internal organisation of the specialized agencies. Also available the creation of other specialized agencies when the policy of public prosecution or the general interest of society so require. The Office of crimes against humanity will feature a prosecutor specialized unit for cases of appropriation of children during the period of State terrorism with faculties for generic and preliminary investigations ex officio, as well as investigate or assist in cases that prosecutors district coordinators have.
ARTICLE 23. -Attorney General holder. The Procurator-General of the nation shall designate to the holders of the agencies specialized among the Attorneys General, who will perform throughout the national territory with respect to the cases and phenomena relating to its subject matter, in coordination with the tax district coordinators when the needs of the case so require.
ARTICLE 24. -Functions of the specialized agencies. The specialized agencies shall have the following functions: to) investigate cases of their competence assigned by tax district coordinators or assist in investigations when so required, to exercise the functions and powers of the public prosecutor of the Ministry provided for in the code of criminal procedure and the laws special criminal. (b) design research strategies for complex cases and coordinate with federal security forces and other institutions with preventive action the articulation of the criminal prosecution with preventive activities. (c) plan, together with the holders of the District Prosecutor and the relevant Directorates-General, policy of criminal prosecution, in accordance with the guidelines set by the Attorney General of the nation. (d) provide links and actions interinstitutional agencies specialized in their field, both national and regional, or international. (e) to propose to the General Attorney of the nation training, legislative and regulatory projects as well as the conclusion of conventions. (f) the Procurator-General of the nation to propose the establishment of units in the regions. (g) the Procurator-General of the nation raise the report of management and the State of processes and to inform the preliminary or general investigations carried forward. (h) to answer requests for reports that the Procurator-General of the nation makes them. (i) other functions provided for in this law.
https://www.boletinoficial.gob.ar/pdf/linkQR/Wk00aFBmYWpYZlZycmZ0RFhoUThyQT09 article 25. -office of administrative investigations. The Office of administrative investigations shall be composed of administrative research national prosecutor and other prosecutors, tax, auxiliary prosecutors, assistant prosecutors and employees of the public prosecutor of the Ministry.
ARTICLE 26. -Designation. Administrative research national prosecutor will be appointed by competition for that position and may not be separated from it except for the reasons provided for in this law.
ARTICLE 27. -Features. The national prosecutor for administrative investigations shall have the following duties and powers: to) promote the research of administrative conduct of the agents of the national centralized and decentralized administration and enterprises, societies and any other entity in which the State has participation. In all the cases, investigations will be carried out by the single impulse of the Office's administrative investigations and without another State authority available to him, without prejudice to adjust her conduct to General instructions provided by the Procurator-General of the nation. (b) conduct research in any institution or association that has as main source of resources the State contribution, is already provided directly or indirectly, in case of reasonable suspicion about irregularities in investment given to the remedies. ((c) exercise throughout the territory of the Republic public criminal action and all the powers provided for by the criminal and procedural laws in those cases where the main purpose of research the irregularity of the administrative behaviour of civil servants in accordance with provisions constitute it in subsection to). (d) subject to the approval of the Procurator-General of the nation the rules of procedure of the Office of administrative investigations. (e) to answer requests for reports that the Procurator-General of the nation makes them. (f) raise the Procurator-General of the nation, an annual report on the management of the Office of administrative research.
ARTICLE 28. -Disciplinary investigations. When research practiced by the Office of administrative research are proven transgressions to administrative rules, the national prosecutor of administrative investigations happen performances with opinion founded to the procurement of the treasure of the nation or the officer of greater administrative hierarchy of the Division concerned, in accordance with the powers assigned by the regulation of administrative investigations. In both circumstances, the proceedings will serve as head of the summary shall be instructed by the appropriate authorities. In all these proceedings, which shall be governed by the regulation of administrative investigations, the Attorney General will be considered, necessarily, as prosecution part, with equal rights to the sumariada, in particular, faculties offer, produce and incorporate evidence, as well as the appeal any decision adverse to their claims; all this, under penalty of nullity absolute and irreparably acted or determined as appropriate.
ARTICLE 29. -Attorney's defense of the Constitution. The Attorney for defense of the Constitution shall have the following functions: to) coordinate the action of the Ministry public prosecutor in cases involving constitutional issues for the Agency.
(https://www.boletinoficial.gob.ar/pdf/linkQR/Wk00aFBmYWpYZlZycmZ0RFhoUThyQT09 0 b) carry out research on the State of compliance with the rules of the national Constitution and the international human rights instruments to which the Republic is a party and to propose recommendations to the Procurator-General of the nation. (c) to answer requests for reports that the Procurator-General of the nation makes them. (d) other functions provided for in this law or the regulations issued in this regard.
Chapter 6 acting in non-criminal matters article 30. -Tax units in non-criminal matters with seat in the provinces. The actions of the public prosecutor of Ministry in the area not criminal in the scope of the federal courts with a seat in the provinces will be in charge of a fiscal unit that will form part of each District Prosecutor's office.
ARTICLE 31. -Acting in non-criminal matters in the area of the autonomous city of Buenos Aires. The performance of the Public Ministry the nation in Civil, commercial, Civil and commercial Federal, Federal Administrative contentious matters Fiscal, labor, Social Security and of relationships of consumption of the city of Buenos Aires will be headed by generals and tax with competence in these matters. These judges and holders of tax units in non-criminal matters with seat in the provinces will have intended: to) ensure due process of law. (b) petition in cases pending where it is involved defense of legality and of the general interests of the society, especially in conflicts in which affected collective interests, an interest and/or a transcendent public policy, they are rules of public order and laws not available by individuals, due process, access to justice as well as in the case of an apparent asymmetry between the parties or are threatened or violated human rights, constitutional guarantees, or the observance of the Constitution. (c) request the disqualification cause of the judges involved, produce, offer and request the incorporation of test, petition the dictates of measures precautionary or decide on their origin, consider annulment, consider unconstitutional, remedy, bring the actions provided for in the Act 24.240 and make any other request to the fulfilment of the Mission of the public prosecutor of the Ministry and in defense of due process. (d) to intervene in cases where the damages are at stake or which may cause social heritage, public health and the environment, to the consumer, goods or rights of artistic, historical or landscape value in cases and by the procedures that the laws establish. (e) intervene in matters of competition, enabling instance and in all cases rules or principles of public order they may be in on the game. (f) intervene in the processes of nullity of marriage and divorce, filiation and all those relating to civil status and names of persons, extra venias and statements of poverty. (g) to intervene in all legal proceedings in which the Argentine citizenship is sought. (h) conduct research in relation to cases involving to clarify if there are affectations to the legality, the general interests of the society or human rights and constitutional guarantees. (i) promote the acting together with the district offices and the specialized agencies. (j) to answer requests for reports that the Procurator-General of the nation makes them.
(k) organizing work and monitor the performance of the tasks of officials and personnel in charge. (l) exercise other functions provided for by special laws.
Chapter 7 units specialized prosecutors article 32. -Specialized tax units. The Procurator-General of the nation can create tax specialized units to investigate and deal with General phenomena that need it for public or institutional significance or reasons of specialization or efficiency. Designate holders between the fiscal General and prosecutors of the public prosecutor of the Ministry. The resolution of creation will establish their functions, organization, integration and scope, as well as their temporary or permanent existence.
Chapter 8 addresses general article 33. -Directorates-General. The Directorates-General are bodies for auxiliary and support tasks essential to the development of the functions of the public prosecutor of the Ministry. There will be the following Directorates-General permanent, without prejudice to those that are created by decision of the Procurator-General of the nation to provide new services or Assistant in a specialized manner issues: to) General direction of accompaniment, guidance and protection to the victims. (b) General direction of access to justice). (c) Directorate General for research and technology support to the criminal investigation. (d) General direction of gender policies. (e) General direction of Regional and international cooperation. f) Directorate-General for economic and financial research advice. (g) General direction of recovery of assets and confiscation of property. (h) General Directorate for Criminal analysis and strategic planning of criminal persecution. (i) General Directorate of institutional performance. j) Department of organizational development and new technologies. (k) General Directorate of training and school of the Ministry Public Prosecutor of the nation.
ARTICLE 34. -General managers. Appointment and function. The Directors-General shall be appointed by the Procurator-General of the nation and will be responsible for direct enforcement functions of direction and supervision of the work of officials and employees in charge.
ARTICLE 35. -Features. The Directorates-General shall comply with the following functions, without prejudice to others assigned to them by instruction or regulation of the Attorney General: to) the General direction of accompaniment, guidance and protection to victims will be function guarantee the rights of support, guidance, protection and general information provided for in the code of criminal procedure, from the first contact of the victim with the institution and throughout the criminal process to victims of any crime through an interdisciplinary approach or https://www.boletinoficial.gob.ar/pdf/linkQR/Wk00aFBmYWpYZlZycmZ0RFhoUThyQT09 2
the derivation is necessary in order to ensure its technical assistance. (b) the Directorate of access to justice will function to install and manage dependencies decentralized of the Ministry public prosecutor in territories vulnerable for the purposes of receiving and refer complaints, inquire, provide access to judicial information, facilitate alternative dispute resolution, generate crime prevention mechanisms and develop actions for the promotion of rights to strengthen community ties and consolidate the channels of communication between the public prosecutor of the Ministry and the community. (c) the Directorate-General for research and technology support to the criminal investigation will be responsible for forensic laboratories, the body of researchers and the realization of technical measures or requiring the use of technological means of the public prosecutor of Ministry, for the purposes of assisting prosecutors in investigations carried forward. (d) the General Directorate of gender policies will function advice and technical assistance on gender issues when it is so required by any judge of the public prosecutor's Office. Also will be responsible for the dissemination, awareness and training on the theme of gender and rights of women and the joint intra and inter-ministerial with bodies responsible for matters pertaining to their subject. e) the General direction of Regional and international cooperation will have as a function the follow-up of administrative records of extradition, intervention in international assists active and passive, with the consistent advice and collaboration on with prosecutors of the nation, the advice to prosecutors in cases relating to requests for extradition and the interrelation with regional and international bodies of institutional collaboration. (f) the Directorate-General of economic advice and financial investigations function will advise, prepare reports and suggest measures of investigation, at the request of prosecutors, in cases which are investigated maneuvers linked to complex crime and organized crime, as well as acting as an expert of the Ministry public prosecutor in those cases deemed of institutional relevance. (g) the Directorate General for recovery of assets and confiscation of goods will be function develop an active policy aimed to detect, precautionary measures and confiscation of goods and proceeds of crimes and criminal phenomena, especially those linked with the complex crime and organized crime. (h) the direction of Criminal analysis and strategic planning of criminal persecution will be feature request, produce, organize, process, analyze, and communicate information relevant to the strategic prosecution of phenomena and criminal organizations. It will also intervene in the design and planning of the criminal prosecution in conjunction with the respective areas of the specialized agencies and the District Attorney. (i) the General Directorate of institutional performance will be function producing information about the Ministry public prosecutor from the elaboration of indicators that allow us to measure institutional performance. Also perform a monitoring and permanent diagnosis of the organism in order to identify best practices, contribute to promote them, detect critical processes involving compliance with the institutional tasks and collaborate with its overcoming. j) the General direction of new technologies and organizational development will have as function design, develop, and coordinate systems computer and communications for the purpose of achieving greater efficiency in relation to the activities of the public prosecutor of the Ministry. (k) the General Directorate of training and school of the Ministry public attorney will function propose and implement training strategies and models to improve institutional performance and strengthen the work of the prosecutors and his team.
https://www.boletinoficial.gob.ar/pdf/linkQR/Wk00aFBmYWpYZlZycmZ0RFhoUThyQT09 3 title III article 36 community relations. -Relations with the community. The public prosecutor of Ministry, in its function of promoting the general interests before the administration of Justice, will seek to meet the demands and needs of the various social sectors, will keep the community informed and promote access to justice, in particular of people with fewer resources to do so.
ARTICLE 37. -Cooperation agreements. The Ministry public prosecutor may conclude agreements with public, academic institutions and non-profit organizations, in order to carry out research on criminal phenomena, preparing a case or a set of cases, to strengthen technical assistance to the victims or to develop any other service of the public prosecutor of the Ministry. You can also conclude agreements with universities in order that the students of the higher grades to develop voluntary activities within the Ministry public prosecutor as part of his practice.
Title IV financial self-sufficiency and economic and financial management article 38. -Financial self-sufficiency. In order to ensure its financial self-sufficiency, the Ministry Public Prosecutor will have a budget of expenses and resources served with charge to the National Treasury and resources.
ARTICLE 39. -Resources from the National Treasury. The National Treasury resources shall conform with the equivalent to ninety-five hundredths percent (0.95%) of tax and non-tax resources from the central administration. It will be added to aliquot such contribution which annually include the national executive power in the General budget of the national administration, for subsection 4 °, goods of use, according to the budget prepared by the public prosecutor of the Ministry. The Bank of the Argentina nation will transfer daily and automatically to a specific account, the amount of the collection of resources that correspond to the public prosecutor of Ministry in accordance with the percentage laid down in the preceding paragraph. The Bank of the Argentina nation will not receive compensation of any kind for the services that it provides in accordance with this law.
ARTICLE 40. -Own resources. They constitute own resources of the public prosecutor of the Ministry the following: to) donations. (b) fees, costs, fines, whose application is in charge and other revenue to be established to finance the budget of resources and expenditure of the public prosecutor of the Ministry. (c) transfers with or without specific allocation resources from jurisdictions and entities of the public sector national or international bodies, within the framework of the implementation of collaboration in charge of these policies linked to the actions of the public prosecutor of the Ministry. (d) any income generated by financial transactions and investments that are carried out with the remnants of resources that have not been applied to expenses.
(https://www.boletinoficial.gob.ar/pdf/linkQR/Wk00aFBmYWpYZlZycmZ0RFhoUThyQT09 4 e) the product of the sale or lease of movable or immovable property affected to the public prosecutor of the Ministry. The listed resources shall be exempt from any contribution or national taxes.
ARTICLE 41. -Preparation of the budget. The General power of Attorney of the nation will produce annually, on the basis of technical guidelines for jurisdictions and organizations in the national public sector and observing the principles of transparency in management and efficiency in the use of resources, the overall budget of resources and expenditure of the public prosecutor of Ministry for the following year. The draft budget of the Agency will be forwarded to the national executive power for incorporation into the draft General budget of the Administration National annually presented to the Honourable National Congress. The Procurator-General of the nation is entitled to have restructuring and compensation as it deems necessary, within the total amount corresponding to the public prosecutor of the Ministry, in the General budget of the national administration, for which purpose shall observe the principles of transparency in management and efficiency in the use of resources.
ARTICLE 42. -Budget execution. In the Administration and financial implementation of the allocated budget be observed the provisions of the rules of financial management of the State, with powers and exceptions conferred by articles 9, 34, and 117 of the law 24.156. The Executive branch only have modifications on the expenditures of the Ministry public prosecutor insofar as they are the product of changes in the estimate of the resources that finance it. The General power of Attorney of the nation shall regulate the implementation of the system established in the law 24.156 with regard to the public prosecutor of Ministry, based on criteria of transparency in the management and efficient use of resources.
ARTICLE 43. -New structures and functions. Any increase in the structure or the Ministry public prosecutor charges must be accompanied by the corresponding allocation of resources charged to the National Treasury. Similarly should be financed the transfer of new functions to the public prosecutor of the Ministry.
Title V members Chapter 1 members of the Ministry Public Prosecutor of the nation article 44. -Members. They are judges and the Ministry public prosecutor career officials who hold the following positions: to) procurators fiscal. (b) Attorneys-General. (c) Attorneys-General of the General power of Attorney of the nation. (d) national prosecutor of administrative investigations.
(https://www.boletinoficial.gob.ar/pdf/linkQR/Wk00aFBmYWpYZlZycmZ0RFhoUThyQT09 5 e) prosecutors. (f) prosecutors of the General power of Attorney of the nation. (g) ancillary tax. (h) Assistant prosecutors. Also, the public prosecutor of the Ministry will be integrated by officers and employees in accordance with the career that is established in the regulations issued in this regard.
ARTICLE 45. -Tax attorneys. To be procurator fiscal is require the same conditions laid down for the post of Attorney General.
ARTICLE 46. -Prosecutors and Attorneys General from the General Attorney Office of the nation. To be fiscal and general prosecutor of the power of Attorney General of the nation is required to be an Argentine citizen, have thirty (30) years of age and have six (6) years of effective exercise in the country of the profession of lawyer or a performance, for equal term, of functions in the public prosecutor's Office or the judiciary, with at least six (6) years of seniority in the title of lawyer.
ARTICLE 47. -Tax and tax from the General Attorney Office of the nation. To be tax and taxation of the General power of Attorney of the nation is required to be an Argentine citizen, twenty-five (25) years of age and have four (4) years of effective exercise in the country of the profession of lawyer or compliance, for equal term, of functions in the public prosecutor's Office or the judiciary, with at least four (4) years of seniority in the title of lawyer.
ARTICLE 48. -Procedure for the appointment of judges. For the designation of the procurators fiscal, national prosecutor of administrative investigation, attorneys general, Attorneys General of General procurement, tax and prosecutors from the Attorney General Office, will be pursued public opposition and history, competitions of which will emerge the shortlists of candidates that the Procurator-General of the nation shall submit to the Executive who will elect one of them whose appointment will require the agreement of the simple majority of the present members of the Senate. The Procurator-General of the nation may temporarily cover the charge in question until the final designation of the owner.
ARTICLE 49. -Public opposition and history competition. The opposition and a history contest will be substantiated before a tribunal convened by the Procurator General of the nation in accordance with the regulations issued in this regard. Written opposition test will focus on issues or cases elected by previous sweepstakes and will be assessed by the Court by means of a system which ensures the anonymity. Opposition oral test will be public and will focus on issues or cases, the latter chosen by previous sweepstakes. The procedure shall not include, in any case, personal interviews, and will be governed by the principles of objectivity, equal opportunities and transparency.
ARTICLE 50. -Integration of the Court. The tribunal will be chaired by the Procurator-General of the nation, or by a judge of the public prosecutor of Ministry, in accordance with the regulations issued in this regard. The Court shall consist, in addition, three (3) judges of the Ministry Public Prosecutor and one (1) Guest jurist. Invited jurists of each contest will be chosen from a list of academics or lawyers of recognized trajectory previously made in accordance with the regulations that are 6 https://www.boletinoficial.gob.ar/pdf/linkQR/Wk00aFBmYWpYZlZycmZ0RFhoUThyQT09 handed down in this regard. The composition of the Court shall endeavor to ensure the geographical, functional and diversity gender of those who comprise it.
ARTICLE 51. -Auxiliary prosecutors. Assistant prosecutors are officials who will collaborate with the magistrates of the public prosecutor's Office and always act under the instructions, supervision and responsibility for them. En_particular, assistant prosecutors shall have the following functions: to) carry out the activity assigned to the public prosecutor of Ministry in the procedural code criminal of the nation in the investigation of the cases, when the Prosecutor as well otherwise. (b) attend the hearings which will indicate the Prosecutor and lawyers with the scope and claims that he has.
ARTICLE 52. -Designation of assistant prosecutors. Assistant prosecutors shall qualify to be fiscal. The appointment shall be in charge of the Attorney General of the nation, a proposal from the fiscal Coordinator district and the holders of tax units, specialized agencies and specialized tax units, as appropriate, in accordance with the regulations issued in this regard. Assistant prosecutors shall receive a salary increase for the performance of its functions in accordance with the regulations issued in this regard.
ARTICLE 53. -Assistant prosecutors. Tax assistants shall be designated by prosecutors who should attend and will act under the instructions, supervision and responsibility of prosecutors, in accordance with the respective regulations. They will have by function: to) receive statements, practice interviews, or make requests for reports. (b) appear at the site of the incident. (c) coordinate the work of officials and employees.
ARTICLE 54. -Oath. Prosecutors of the public prosecutor of the Ministry, to take possession of their offices, shall be on oath to play them well and legally and comply with and enforce the Constitution, human rights treaties and the laws of the Republic. The Procurator-General of the nation will be given oath before the President of the nation in his capacity as Supreme Chief of the nation. Prosecutors will do so before the Procurator-General of the nation or the judge designated by him for that purpose.
Chapter 2 performance article 55. -Career. Members of the Ministry public prosecutor have the right to the development of a career. Such a set of emerging opportunities and expectations of progress in accordance with the principles of equality, suitability and capacity means that define the work and professional trajectory of the different members.
ARTICLE 56. -Training. Training is essential for performance and as such is a right and a duty of all the agents of the public prosecutor of the Ministry.
https://www.boletinoficial.gob.ar/pdf/linkQR/Wk00aFBmYWpYZlZycmZ0RFhoUThyQT09 7 includes access to training activities and/or update, both to improve the performance in the respective labour square as to access to other positions within the organization. The training that is provided will be free, permanent and integral. It will run through own resources or through agreements with public or private institutions, all this in accordance with specific regulations that lay out for this theme.
ARTICLE 57. -Structure escalafonaria. Officials and employees of the public prosecutor of the Ministry will be integrated into three groupings: to) legal technician. (b) administrative technician. (c) auxiliary services. Such groupings shall conform on the basis of a ladder that will favor a higher level of professionalization and specialization of the members of the public prosecutor of Ministry, aiming to expand the institutional capacity of the body. For such purposes, it shall take into account the hierarchy of the functions performed, merit and tested suitability, the level of remuneration and achieving results in its function. In all cases, the career advancement will operate in accordance with selection systems and procedures performance evaluation to be established.
ARTICLE 58. -Incompatibilities. Members of the public prosecutor of the Ministry may not exercise the advocacy or representation of third parties at trial, except in own affairs or those of your spouse, ascendants or descendants, or when they made in fulfillment of a legal duty. Incompatibilities established laws with respect to the judges of the nation they reach them. They practise teaching only with simple dedication, in a way that does not interfere with the performance of their functions and never working hours of operation of the institution, except in cases expressly authorized by resolution of the organism.
ARTICLE 59. -Excusacion and disqualification. Members of the public prosecutor of the Ministry may make excuses or be objected to by the grounds which provide for procedural and regulatory standards.
ARTICLE 60. -Replacement. In the event of disqualification, excusacion, disability, absence, license or vacancy, members of the public prosecutor of the nation will replace in the form that established the laws and corresponding regulations.
ARTICLE 61. -Remuneration and social benefits. The remunerations of the members of the Ministry Public Prosecutor shall be determined in the following way: to) the Attorney General of the nation will receive compensation equivalent to the of judge of the Court Supreme of Justice of the nation. (b) the tax attorneys will receive a twenty percent (20%) of remunerations corresponding camera judges, account only on items basic salary, Supplement, compensation court C.S.J.N. N ° 71/93, compensation hierarchical and functional compensation. (c) the Attorneys General who act before the Federal Chamber of Penal Cassation and the National Chamber of Penal Cassation and prosecutors who serve as tax District Coordinators shall receive remuneration equivalent to the Court of Cassation.
(https://www.boletinoficial.gob.ar/pdf/linkQR/Wk00aFBmYWpYZlZycmZ0RFhoUThyQT09 8 d) the Prosecutor of administrative investigations and the prosecutors shall receive remuneration equivalent to the judge's Chamber. (e) prosecutors shall receive compensation equivalent to the judge of first instance. (f) the rest of the members of the Ministry Public Prosecutor shall receive remuneration equivalent to or greater than the conferred officers and agents of the Judicial power of the nation. Preceding equivalencies extends to all the effects economic, social security and tax, as well as in terms of hierarchy, Protocol and treatment. All members of the public prosecutor's Ministry are affiliated natural of the work Social of the Judicial power of the nation. They are entitled to enjoy identical medical and coverage benefits that agents of the Judicial power of the nation, because his contributions and contributions may not be subjected to differential treatment. All transfer of officials or employees between the public prosecutor's Ministry, the Public Ministry of Defense and the Judicial power of the nation shall not affect rights acquired during his tenure at one or another regime, including the recognition of its hierarchy, seniority and benefits of permanence in the post or category, and other similar.
ARTICLE 62. -Stability. The Attorney General of the nation, tax attorneys, the national prosecutor of administrative investigations, the Attorneys General, the Attorneys General of the power of Attorney General of the nation, prosecutors and prosecutors of the General power of Attorney of the nation enjoy stability while his good conduct and until the seventy-five (75) years of age. Judges who reach the age mentioned in the first subparagraph, shall be subject to the requirement of a new appointment, preceded by the same agreement. These designations shall be made for a period of five (5) years, and may be repeated by the same procedure. Officials and employees enjoy stability while his good conduct and even having reached the legal requirements to obtain the maximum percentages of the respective pension schemes. They may be removed because of incompetence or misconduct, prior administrative proceedings with hearing of the person concerned, according to the procedure established by law.
ARTICLE 63. -Immunities. Judges of the Ministry Public Prosecutor of the nation enjoy the following immunities: to) may not be arrested, except in case of being caught in flagrante delicto; in such cases, you will notice to the Attorney General of the nation, with the summary information of the fact. (b) they shall be exempted from the duty to appear to testify as witnesses in court, in which case must respond in writing, under oath and with the relevant specifications. (c) they may be disturbed in the exercise of their functions. (d) members of the public prosecutor of the Ministry may not be convicted on coasts in cases that involved as such.
ARTICLE 64. -Transfers. Judges, civil servants and employees of the Ministry public prosecutor may not be transferred without conformity outside their provinces or of the autonomous city of Buenos Aires.
Chapter 3 disciplinary https://www.boletinoficial.gob.ar/pdf/linkQR/Wk00aFBmYWpYZlZycmZ0RFhoUThyQT09 9 65 article. -Subjects covered. Judges who make up the public prosecutor of the Ministry shall be subject to the disciplinary regime provided for in this chapter.
ARTICLE 66. -Disciplinary corrections in the process. Judges and courts may only impose to members of the public prosecutor of the Ministry the same disciplinary sanctions that determine laws for litigants by fouls committed against its authority, unless the sanction of arrest. These sanctions shall be appealable to the immediate superior court. The judge or court shall inform the Procurator-General of the nation the imposed measure and any failure in the performance of the duties inherent in the position that he plays.
ARTICLE 67. -Disciplinary power. In case of breach of duties in charge, the Procurator-General of the nation may impose on judges the disciplinary penalties provided in this chapter.
ARTICLE 68. -Serious faults. They are considered serious faults as follows: to) leave his job in prolonged or repeated and without justification. (b) breach repeatedly the tasks or functions assigned in the area where work, in accordance with the Mission of the Ministry public prosecutor. (c) repeatedly breaching general instructions, when the breach is unfounded and not any expressed objection or when having been expressed, the nature of the instruction does not allow delay. (d) violate the rules of confidentiality with respect to the issues that so require and where it works the Ministry Public Prosecutor, or remove, duplicate, display or transmit documents that should remain reserved putting at risk the functions of the public prosecutor of the Ministry. (e) acting with gross negligence in care of entrusted Affairs or in fulfilment of obligations. (f) failure to report or refuse to unjustifiably report the victim or her represented, as appropriate, when these require with respect to the circumstances of the process and it affects its right of defence at trial. (g) perform facts or incur omissions which have as a consequence loss of performances, or the obstruction of the formality or the service of Justice. (h) no excuse within the time which corresponds to knowing that there are reasons for your apartment. (i) interfere with legal proceedings in which does not have any official intervention. (j) unjustified and repeatedly breach procedural deadlines. (k) to exercise the legal profession or the representation of third parties at trial, except in own affairs or of his spouse, ascendant or descendant, or when you do so in fulfillment of a legal duty. (l) perform profession, public or private employment even with interim character, without prior authorization from the Procurator-General of the nation except the teaching and commissions research and academic study, provided that practice does not impede the performance of their duties. (m) advise or inquire outside cases inherent in the exercise of their function. (n) receive gifts, awards or rewards of any kind by the performance of their duties, insofar as they are entity in its material value. (n) not filed in due time and form the patrimonial affidavit and its update. (o) accumulate more than five (5) minor misconduct committed in the same year.
(https://www.boletinoficial.gob.ar/pdf/linkQR/Wk00aFBmYWpYZlZycmZ0RFhoUThyQT09 0 p) exercise physical, psychological or verbal abuse in the exercise of their functions.
ARTICLE 69. -Minor misconduct. The following minor misconduct are considered: to) breaking the tasks or functions assigned in the area where work, in accordance with the Mission of the Ministry public prosecutor. b) breaching general instructions, when failure is unfounded and has not expressed objection or having expressed this, the nature of instruction does not allow delay. (c) absent from work without notice or cause justified, usually arrive late or absent without authorization. (d) Act in a disrespectful way in relation to the parties or any person involved in a stagecoach that Act the judge or that go to the respective offices. (e) neglecting the use of furniture and other items provided for the exercise of the function.
ARTICLE 70. -Sanctions. Judges who make up the Ministry public prosecutor may be eligible the following disciplinary sanctions: a) warning. (b) a fine of up to twenty percent (20%) of their monthly wages. (c) suspension up to thirty (30) days without pay. (d) removal.
ARTICLE 71. -Determination of sanctions and assessment criteria. The minor misconduct may be sanctioned with a warning. The penalties of fine of up to twenty percent (20%) of the monthly remuneration, suspension and removal only proceed via the Commission of serious offences. All disciplinary sanction will graduate to take account of the seriousness of the violation, the history function, relapse when incurred, the circumstances of time, place, mode and time the damages effectively caused, in particular that specifically at the service of Justice, the attitude back to the fact that repute as liable to lack of sanction and the repair of damage If any. In all cases, there must be proportionality between the foul and effectively imposed sanction.
ARTICLE 72. -Start of the proceedings. The disciplinary procedure will start by communication, complaint or complaint of individuals, judges, advocates or other members of the public prosecutor of the Ministry.
ARTICLE 73. -Statement by the Council evaluator. When the content of the communication, complaint or denunciation, proves clearly pointless, the Procurator-General of the nation may archive it without any further formality. In other cases, give intervention a rater Council, integrated according to regulations dictated to the effect, so that non-binding opinion on the subject of the proceedings.
ARTICLE 74. -Procedure. The assumptions of the disciplinary faults will be resolved by means of the procedure laid down in the respective regulations, which will ensure the adjective due process and the right of defence at trial. In cases that the Procurator-General of the nation understands that the judge is liable to the penalty of removal, should raise the case to the court prosecution of public prosecutor's Office of https://www.boletinoficial.gob.ar/pdf/linkQR/Wk00aFBmYWpYZlZycmZ0RFhoUThyQT09 1 the nation in order to evaluate the reprehensible conduct and determine the origin of its removal or application of other sanctions. Disciplinary sanctions that apply will be subject to appeal administratively, in the way that set regulations. Exhausted the administrative instance, such measures there will be challenged in court.
ARTICLE 75. -Prescription. The disciplinary authority prescribes a year if it's minor misconduct and three (3) years if it's serious misconduct. Such terms will begin to run from that failure is known by the competent authority. In all cases, extinguishes the sanctioning if five (5) years have passed from the date of Commission of the lack. The prescription is interrupted by the Commission of a new failure or the initiation and development of the procedure and will not run when the corresponding procedure be suspended pending a final criminal judgment. Shall not apply the provisions of this article when the conduct of the judge can configure causal removal.
ARTICLE 76. -Mechanisms of removal. The Procurator General of the nation alone can be removed for the reasons and under the procedure laid down in articles 53 and 59 of the Constitution. Judges who make up the Ministry public prosecutor may be removed from office only by the Court's prosecution of the public prosecutor of Ministry, by the grounds provided for in this law.
ARTICLE 77. -Court of prosecution. The Court's prosecution of the public prosecutor of Ministry shall consist of seven (7) members: to) three (3) members shall comply with the constitutional requirements to be Attorney General of the nation and shall be appointed one by the Executive power, by the majority of the Chamber of Senators and the other by the National Inter-University Council. (b) two (2) members shall be lawyers of tuition federal and comply with the constitutional requirements to be Attorney General of the nation, and shall be appointed one by the Argentina Federation of bar associations and the other by the public College of lawyers of the Federal Capital. (c) two (2) members shall be selected by lot among the magistrates of the public prosecutor of the Ministry, one between the Attorneys General and another between prosecutors. For the purposes of its subrogation shall be elected equal number of alternate members. The trial court will be convened by the Procurator-General of the nation or its President in case of brought a complaint before a complaint dismissed by the former. It will have its seat in the autonomous city of Buenos Aires and you can become the most convenient place to fulfill its mission. The members of the Court of trial will last for three (3) years in their functions from their designation. Even if they have expired deadlines of their designations, mandates shall be considered carried over full-fledged in each cause in that any noted the Court until its completion. Once integrated, the Court shall appoint its President by lot. The Presidency will rotate every six (6) months, according to the order of the draw.
https://www.boletinoficial.gob.ar/pdf/linkQR/Wk00aFBmYWpYZlZycmZ0RFhoUThyQT09 2 this Court will act as accusing magistrates of the public prosecutor of Ministry, appointed by the Attorney General of the nation, according to the functional quality of the accused. Official defenders if necessary and at the option of the accused will act as advocates for nursing. The intervention as a member of the Court, Prosecutor or defender of trade will be a public charge.
ARTICLE 78. -Instance courts for prosecution. The instance before the Court of prosecution shall be opened by decision of the Procurator General of the nation, by trade or complaint, based on the invocation of events that set the grounds for removal provided for in this law.
ARTICLE 79. -Complaint to the Tribunal for prosecution. Any allegations which require instance opening the courts for prosecution must be brought before the Procurator General of the nation, who will give course pursuant to article 78 or rejected pursuant to article 73.
ARTICLE 80. -Procedure before the Court of prosecution. The procedure before the Court of prosecution will be made as regulations issued by the Attorney General of the nation, which must respect due process and the right of defence at trial, as well as the principles enshrined in the criminal procedural code of the nation. En_particular, the regulation must comply with the following standards: to) the judgement shall be oral, public, contradictory, and continuous. (b) the test will be entirely produced in the debate or incorporated into this where documentary or instrumental, without prejudice to the realization of a brief summary prevention in an emergency that endangers the verification of the facts, while safeguarding the right of defence of the parties in any case. (c) the Court of prosecution has a maximum period of one hundred and eighty (180) days from the reception of the actions to reach judgment. (d) during the debate the accuser must hold the action and maintain the complaint or accusation, without prejudice to seek absolution if he understands that you appropriate. The order of acquittal shall be binding on the Court of prosecution. (e) the judgment shall be given in one period not exceeding fifteen (15) days to be fixed by the President of the Court of trial to close the debate. (f) according to the circumstances of the case, the trial court may suspend the accused in the exercise of their functions, and deems necessary to adopt other preventive measures of security that considers relevant. During the suspension period, the accused shall receive Seventy per cent (70%) of their assets and will lock embargo on the rest to you the results of the trial; if it were acquitted and had been suspended, it refunded it immediately to their functions and shall receive the total of the lien, according to the principle of inviolability of the remuneration. (g) the Court of trial to be held with all their members. Decisions shall be taken by simple majority but in the case of relapse conviction will require the vote of five (5) members. (h) the judgment shall be an acquittal or conviction. If damning pronouncement of the Court's prosecution, you won't have another effect that arrange the removal of the convicted person. If fundare in facts that can configure crimes of public action or it suggests the test or that has already been initiated, intervention will be in the form that corresponds to the competent authority.
(i) the decision may be appealed by the condemned judge with the National Chamber of appeals in contentious administrative Federal. The must brought founded in writing before the Court of prosecution, within a period of thirty (30) days of notified the ruling; the Court of prosecution to be raised the appeal with performances camera mentioned within five (5) days of interposed. (j) the conviction will run immediately without prejudice to the possibility of judicial review through the action dispute corresponding administrative.
Title VI regulations implementing article 81. -Progressive adaptation. The Attorney General of the nation, by rules of procedure, may take all necessary measures for the adaptation of the current organization of the institution to the guidelines envisaged by the criminal procedural national (Law 27.063) code and the organizational system provided for in the present and complementary standards, in accordance with the progressive system laid down in the corresponding implementation law. Notwithstanding this, all provisions of this Act that do not depend on the effective implementation of the criminal procedural national (Law 27.063) code will be fully operational after its entry into force.
ARTICLE 82. -Tax map. The territory of the autonomous city of Buenos Aires will be organized in a single federal tax district and national tax districts necessary for the proper implementation of the system. In the provincial territories federal provinces as so many tax districts, will be organized unless the Procurator-General of the nation considers advisable to your branch and the creation of more tax districts in accordance with the powers provided for in article 11 of the present. Each district attorney will have a head office and so many decentralized offices as necessary on the basis of objective criteria based on the extension of its territorial scope and distance with other venues, infrastructure and means of communication available, population density and levels, types and crime markets. The General Attorney Office of the nation must establish and keep up-to-date a tax map with the Organization of the public prosecutor of Ministry, which will contain bodies, areas, and other issues that facilitate the access to its services and functions.
ARTICLE 83. -Formation of new organs. At the time of the assignment of functions of the magistrates of the public prosecutor of Ministry in different tax units, functions currently provided in the field of research, trial and challenge, except for claims to the contrary of the person concerned shall be respected. The national prosecutors in the correctional and criminal instruction, the decentralized district prosecutor's offices and the federal prosecutors in Criminal and correctional facility will become units prosecutors of investigation of the prosecutors of district; the General Prosecutor's offices in oral courts in Criminal and federal oral courts will become units prosecutors of trial of the Prosecutor's offices of district; the General Prosecutor's offices to the Chambers of appeal and cassation will become units fiscal challenge of the prosecutors of district. Officials and employees will continue carrying out functions with the holders of current units, except for claims to the contrary of the person concerned.
https://www.boletinoficial.gob.ar/pdf/linkQR/Wk00aFBmYWpYZlZycmZ0RFhoUThyQT09 4 84 article. -Designation of positions. Current officials of the public prosecutor of the Ministry changed its name according to the following equalizations: to) the Attorney Prosecutor to the Supreme Court of Justice of the in the provided for in article 44, paragraph a) of the present. b) the General prosecutors in the collegiate courts of Cassation in the provided for in article 44, subparagraph (b)) of the present. ((c) the Attorneys General before the collegiate single instance and second instance courts, and the Attorneys-General of administrative investigations in the provided for in article 44 paragraph b) of the present. ((d) the General Prosecutors of the General prosecution of the nation in the provided for in article 44, subparagraph (c)) of the present. (e () Deputy General prosecutors, Deputy Prosecutors General of administrative investigations, tax and tax before the judges of first instance of administrative investigations in the provided for in article 44, subparagraph e) of the present. f) the prosecutors of the prosecution General de la Nación in the provided for in article 44, subparagraph (f)) of the present. (g) the national prosecutor of the administrative inquiries will retain its current name.
ARTICLE 85. -Functional compensation and acquired rights. The posts of judges of first instance which, in accordance with the progressive system laid down in the corresponding implementation law, to intervene in cases governed by the code procedure criminal of the nation approved by law 27.063, salarialmente will be matched and will have the same powers and obligations recognized by this law to the Attorneys-General. The rights acquired by the judges, civil servants and employees of the Ministry Public Prosecutor prior to the entry into force of this law may not be altered or affected in their prejudice in any way.
ARTICLE 86. -Transfer of officers and employees of the Judicial power of the nation. Officers and employees of the courts involved in the progressive implementation of the new criminal procedural code of the nation may request its transfer to the public prosecutor of Ministry, in accordance with the regulations issued by the Procurator-General of the nation. Officials and employees of the Judicial power of the nation will be equal to the officers and employees of the public prosecutor of Ministry for the purposes of the access to new posts created, the rise and the allocation of functions. Their hierarchies, professional background and technical specialty will be respected in all cases.
ARTICLE 87. -Creation of positions for the Federal districts with seat in the provinces. To the progressive implementation of the criminal procedural code of the nation are available in the Federal districts with seat in the provinces, the positions of judges, civil servants and employees that are necessary for the fulfilment of the functions of the Ministry public prosecutor in criminal matters should be created.
ARTICLE 88. -Implementation of financial autarky. The financial self-sufficiency of the Ministry Public Prosecutor will be implemented starting from the financial year that starts the 1 ° of January 2016.
https://www.boletinoficial.gob.ar/pdf/linkQR/Wk00aFBmYWpYZlZycmZ0RFhoUThyQT09 5 article 89. -Repeal of provisions contrary to the present. Repeal of any rule, agreed, partially or totally contrary to the present law any statute or resolution. Contrary provisions shall not be valid and may not be invoked from its entry into force. Within the ninety (90) days following the enactment of this Act, the Procurator-General of the nation shall issue regulations and instructions necessary for the functioning of the institution.
ARTICLE 90. -Communicate to the national executive power.
GIVEN IN THE CHAMBER OF THE CONGRESO ARGENTINO, BUENOS AIRES, ON THE TENTH DAY OF THE MONTH OF JUNE OF THE YEAR TWO THOUSAND AND FIFTEEN.
-REGISTERED UNDER NO. 27148 - AMADO BOUDOU. -JULIAN A. DOMINGUEZ. -John H. Estrada. -Lucas Chedrese.
Date of publication: 18/06/2015 https://www.boletinoficial.gob.ar/pdf/linkQR/Wk00aFBmYWpYZlZycmZ0RFhoUThyQT09 6
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