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Transferred Competence To Investigate And Prosecute Crimes And Infringements Committed In The Territory Of The Autonomous City Of Buenos Aires. Exceptions.

Original Language Title: Transfiérese la competencia para investigar y juzgar los delitos y contravenciones cometidos en el territorio de la Ciudad Autónoma de Buenos Aires. Excepciones.

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Law 26.702

Transfer the jurisdiction to investigate and prosecute crimes and violations committed in the territory of the Autonomous City of Buenos Aires. Exceptions. Sanctioned: September 7, 2011. Enacted in Fact: October 5, 2011.

The Senate and Chamber of Deputies of the Argentine Nation, meeting in Congress, etc., are sanctioned by law:

Article 1-Transfer the jurisdiction to investigate and prosecute crimes and violations committed in the territory of the Autonomous City of Buenos Aires, which are detailed in the ANNEX that forms part of this Law, with the exception of The Ministry of Public Prosecutor and the competent judges of the Autonomous City of Buenos Aires, respectively, in accordance with the procedures laid down in the Penal Code of the Autonomous City of Buenos Aires.

Article 2-Assigns the Judicial Branch of the Autonomous City of Buenos Aires to investigate and prosecute the new crimes of ordinary criminal jurisdiction, applicable in its territorial scope, which will be established in the future the Nation, unless expressly provided otherwise.

Article 3-The Code of Criminal Procedure of the Nation will be mandatory in the resolution of conflicts of jurisdiction, jurisdiction and connection, which may occur between the national courts and those of the Autonomous City of Buenos Aires.

ARTICLE 4-This law is complementary to laws 25.752 and 26.357.

Article 5-The Ministry of Justice, Security and Human Rights will be implementing authority, which must provide the measures and subscribe to the complementary agreements and agreements that are necessary for the implementation of this law.

ARTICLE 6-The estimation and settlement of the respective amounts in the terms provided for in Article 8 of Law 23,548, so that the transfer of powers established in this law is carried out with the corresponding reallocation of the financial resources (Article 75 (2) of the National Constitution) will be jointly carried out between the Ministry of Economy and Public Finance of the Nation and the Ministry of Finance and Justice and Security of the Ciudad Autónoma de Buenos Aires. In no case will there be duplication of expenditure.

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Article 7-Encomiendase to the Commission Bicameral "City of Buenos Aires", in exercise of the powers conferred on article 15 of Law 24,588, the monitoring of compliance with this law.

Article 8-The transfer and allocation of powers provided for in Articles 1 and 2 of this Law, will be perfected with the entry into force of the law of the Autonomous City of Buenos Aires that accepts, without limitations or reservations, the provisions of this law.


ANNEX TRANSFER OF CRIMINAL AND CRIMINAL JURISDICTION TO THE AUTONOMOUS CITY OF BUENOS AIRES FIRST: COMPLEMENTARY CRIMES OF THE JURISDICTION TRANSFERRED BY LAWS 25.752 AND 26.357: (a) Injuries (Articles 89 to 94, Criminal Code); (b) Duel (Articles 97 to 103, Criminal Code); (c) Abuse of arms (Articles 104 and 105, Criminal Code); (d) Violation of domicile (Title V, Chapter II, Articles 150 to 152, Penal Code); (e) Fire and other damage (Articles 186 to 189, Criminal Code); (f) Tenure, carrying out and provision of weapons of civil war for conditional use, provided for in Article 189a, acts 2 and 4, Penal Code, with the exception of cases where the offence appears committed by a federal public official or associated with a federal crime; g) Impairment or obstruction of (h) Penalisation of discriminatory acts, as provided for in Law 23,592; and (i) Offences and Contracts in Sport and Sports Shows, as provided for in laws 20,655 and 23.184 and their changes in the aspects that apply to the local jurisdiction. The Justice of the Autonomous City of Buenos Aires shall intervene in the case of Article 151 of the Criminal Code referred to in paragraph (d) above, provided that the act is committed by a public official or agent of the City's authority. Autónoma de Buenos Aires. SECOND: CRIMES AGAINST THE PUBLIC ADMINISTRATION, which occurred exclusively in the area of the Autonomous City of Buenos Aires, when it was the case of acts committed by its public officials, or against its public officials, which were against the government. the functioning of their public authorities or occur in the context of a judicial process that is pending before the local courts: (a) Attend and resistance against the authority (Articles 237, 238, 239, 240, 241, 242 and 243, Penal Code); (b) False denunciation of crimes whose jurisdiction is transferred to the Autonomous City of Buenos Aires (Article 245, Penal Code); Usurpation of authority, titles or honours (Articles 246 points 1, 2 and 3, and 247, Penal Code); (d) Abuse of authority and violation of the duties of civil servants (Articles 248, 248a, 249, 250, 251, 252 1st. paragraph and 253, Criminal Code); (e) Violation of stamps and documents (Articles 254 and 255, Criminal Code); (f) Code and influence peddling (Articles 256, 256 bis, 257, 258, 258a and 259, Criminal Code);

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(g) Embezzlement of public funds (Articles 260 to 264, Criminal Code); (h) Negotiations incompatible with the exercise of public functions (Article 265, Criminal Code); (i) Illegal Exactions (Articles 266 to 268, Criminal Code); (j) Enrichment Officials and employees (Articles 268 (1), 268 (2) and 268 (3), Criminal Code); (k) Prevaricate (Articles 269 to 272, Criminal Code); (l) Refusal and delay of justice (Articles 273 and 274, Criminal Code); (m) False testimony (Articles 275 and 274) 276, Criminal Code); and n) Evasion and penalty breaking (Articles 280, 281 and 281 bis, Code Criminal). THIRD: CRIMES AGAINST PUBLIC FAITH, provided that they are instruments issued, or whose competence to issue them is from the Autonomous City of Buenos Aires: (a) Counterfeiting of stamps, stamps and marks (Articles 288, 289, 1, 290, and 291, Criminal Code); and (b) Counterfeiting of documents (Articles 292 to 298, Criminal Code). FOURTH: OFFENCES RELATED TO LOCAL PUBLIC COMPETITION: (a) Offences of civil servants against individual freedom (Articles 143 to 144 fifth, Penal Code), provided that it is committed by a member of the public authorities of the Autonomous City of Buenos Aires; (b) Crimes against the freedom of the public work and partnership (Articles 158 and 159, Penal Code); (c) procedural issues in court proceedings before the courts of the Autonomous City of Buenos Aires (Article 172, Criminal Code); (d) Defuse (Article 174 (5), Code) Criminal), provided that the fact is committed against the Public Administration of the Autonomous City (e) Crime against the security of transit (Article 193a, Penal Code); (f) Unassembled of cars without authorization, as prescribed in Article 13 of Law 25.761; (g) Prophylaxis, in relation to offences established by the Law 12.331; and (h) Narcotic Drugs, subject to the provisions of Article 34 of Law 23.737 as required by the wording of Law 26,052 (Articles 5 (c), e) and penultimate and last paragraphs, 14 and 29, law 23.737 and unfaithful and irregular supply of medicines, articles 204, 204 bis, 204 ter and 204 quater, Penal Code. TRANSITIONAL CLAUSE: The causes of the matters listed above are pending before the National Courts when the transfer of powers is perfected, they will be terminated and they will be before the same courts.

Date of publication: 06/10/2011

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