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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CODE procedural criminal code procedural criminal law 26.702 transferred competence to investigate and prosecute crimes and violations committed in the territory of the autonomous city of Buenos Aires. Exceptions. Sanctioned: September 7, 2011. In fact promulgated: 5 October 2011.
The Senate and Chamber of deputies of the Argentina nation gathered in Congress, etc. they attest to the force of law: article 1º - transferred the competence to investigate and prosecute crimes and violations committed in the territory of the city of Buenos Aires that are detailed in the annex forming part of the present law, with the exception of the matter of the federal public prosecutor's Office and judges competent in the autonomous city of Buenos Aires respectively, in accordance with the procedures laid down in the code procedure criminal of the city of Buenos Aires.
Article 2º - assigned to the to Court of the city of Buenos Aires competence to investigate and prosecute new crimes of ordinary criminal jurisdiction, applicable within its territorial scope, set forth hereinafter in all law of the nation, unless expressly otherwise provided.
Article 3º - the criminal procedural code of nation will be enforceable in the resolution of conflicts of jurisdiction, competence and relatedness, which might occur between the national courts and the of the city of Buenos Aires.
Article 4 °-the present law is complementary of the laws 25.752 and 26.357.
Article 5º - will be enforcement authority the Ministry of Justice, security and human rights, which must employ measures and sign agreements and additional agreements that are necessary for the implementation of this law.
Article 6º - estimation and payment of the amounts of the respective terms provided for in article 8 of the law 23.548, to the transfer of competence established in this Act is carried out with the appropriate reallocation of financial resources (article 75, paragraph 2, of the Constitution), will be made jointly between the Ministry of economy and public finance of the nation and the ministries of finance and justice and security of the autonomous city of Buenos Aires. In any case, there will be duplication of expenses. article 7º - to instruct the Commission Bicameral "city of Buenos Aires", in exercise of the powers conferred in article 15 of law 24.588, the monitoring of compliance with the present law.
Article 8. - the transfer and allocation of competencies prepared by articles 1 and 2 of this law, shall be perfected with the entry into force of the law of the city of Buenos Aires that accepts, without limitation or reservation, the provisions of this law.
Annex PENALES Y CONTRAVENCIONALES of the ordinary national courts skills transfer to the autonomous city of BUENOS AIRES first: crimes complementary of the COMPETENCES transferred by laws 25.752 and 26.357: to) injury (articles 89 to 94, criminal code); (b) duel (articles 97 to 103, criminal code); (c) abuse of weapons (articles 104 and 105, criminal code); (d) violation of domicile (title V, chapter II, articles 150 to 152, criminal code); (e) fire and other damage (articles 186 to 189, criminal code); (f) holding, carrying and provision of weapons of war of conditional civilian use, laid down in article 189 bis, paragraphs 2 and 4, criminal code, with the exception of cases in which crime appears committed by a federal government official or related with a federal crime; (g) impediment or obstruction of contact, typified by law 24.270; (h) the criminalization of acts of discrimination, according to provisions of the law 23.592; and (i) offences and infringements in sport and sports shows, according to provisions of laws 20.655 and 23.184 and its modifications, in aspects that are applicable to the local jurisdiction. The Justice of the autonomous city of Buenos Aires will intervene in the case of article 151 of the Criminal Code referred to in subparagraph (d)) preceding, provided that the fact commits it a civil servant or agent of the authority of the city of Buenos Aires. Second: Offences against the public administration, occurred exclusively in the area of the autonomous city of Buenos Aires, when case of acts committed by its servants, or against its servants, that threaten the functioning of its public powers, or occur in the framework of a judicial process that brought before local courts: to) attack and resistance against the Authority (articles 237 (, 238, 239, 240, 241, 242 and 243, criminal code); (b) false denunciation of crimes whose jurisdiction is transferred to the autonomous city of Buenos Aires (article 245, criminal code); (c) usurpation of authority, titles or honours (articles 246 subclauses 1, 2 and 3, and 247, criminal code); (d) abuse of authority and violation of the duties of public officials (articles 248, 248, 249, 250, 251, 252 1st paragraph and 253, criminal code); (e) violation of seals and documents (articles 254 and 255, criminal code); (f) bribery and influence peddling (articles 256, 256, 257, 258, 258 bis and 259, criminal code); g) misappropriation of public funds (articles 260 to 264, criminal code); (h) negotiations incompatible with the exercise of public functions (article 265, criminal code); (i) levies illegal (articles 266 to the 268, code Penal); j) illicit enrichment of officials and employees (articles 268 (1), 268 (2) and 268 (3), criminal code); (k) malfeasance (articles 269 to 272, criminal code); (l) denial and delay of Justice (articles 273 and 274, criminal code); (m) false witness (articles 275 and 276, criminal code); and (n) Evasion and brokenness of penalty (articles 280, 281 and 281 bis, criminal code). Third: Crimes against the faith public, that always concerned of instruments issued, i.e. whose jurisdiction to issue them in the autonomous city of Buenos Aires: a) counterfeiting of seals, stamps and marks (articles 288, 289 paragraph 1, 290 and 291, criminal code); and (b) falsification of documents (articles 292 to 298, criminal code). Fourth: Crimes linked to matters of competition published LOCAL: to) crimes of public officials against individual freedom (articles 143 to 144 fifth, criminal code), provided that it was committed by a member of the Government of the autonomous city of Buenos Aires; (b) offences against the freedom of work and Association (articles 158 and 159, criminal code); (c) procedural fraud in lawsuits handled in the courts of the city of Buenos Aires, (article 172, criminal code); (d) fraud (article 174 subsection 5, criminal code), provided that the fact was committed against the Administration public of the city of Buenos Aires; (e) crime against the security of transit (article 193 bis, criminal code); (f) disassembly of autos without authorization, according to the prescribed in article 13 of the law 25.761; (g) prophylaxis, in relation to the offences established by law 12.331; (and h) narcotic drugs, with adjustment as provided in article 34 of the 23.737 law according to the wording of the Law 26.052 (5th subparagraphs c articles), e) and penultimate and last paragraphs, 14 and 29, law 23.737 and unfaithful and irregular supply of medicines, articles 204, 204 bis, ter 204 and 204 c, criminal code. TRANSITIONAL clause: The causes that for the materials listed above are pending before national courts upon perfecting the transfer of competencies, will be finished and completed before the same courts.

Date of publication: 10/06/2011