National Criminal Justice. National Criminal Procedural Code. Law N ° 24.050. Modifications

Original Language Title: Justicia Nacional en lo Penal. Código Procesal Penal de la Nación. Ley N° 24.050. Modificaciones

Read the untranslated law here: https://www.boletinoficial.gob.ar/#!DetalleNorma/11512711/20161117

UNIFICATION of law jurisdictions and trial one-man law unification of FUEROS and trial one-man law 27308 justice national criminal. National criminal procedural code. Law N ° 24.050. Modifications.
The Senate and Chamber of deputies of the Argentina nation gathered in Congress, etc. sanctioned with force of law: law of unification of Fueros and judgment Unipersonal chapter I justice national criminal article 1 - the national courts criminal of instruction and the national courts in the corrections are referred to as national courts in Criminal and correctional and will maintain the integration of those, with the exception of the provisions of article 3 of this law and he bears them according to the Supreme Court of Justice stated it.
Article 2 - national courts in Criminal and correctional facility will know in the cases set out in article 26 of the code procedure criminal of the nation, approved by law 23.984 and its modifications.
Article 3 ° - dispónelos is the dissolution of one of the Secretaries of the former national courts in the corrections, which will be effective within eighteen (18) months after the implementation of this law. Causes not concluded at the end of the deadline shall be assigned to the secretariats that have not dissolved. The selection of such Secretaries will be made by the Supreme Court of Justice of the nation.
Article 4 ° - officers and employees of the dissolved secretariats will be relocated by the competent authority, with the participation of the Trade Union entity, on other courts with criminal jurisdiction, according to the operational needs that are generated from this reform, respecting their acquired rights.
Article 5 °-the camera national of appeals in it Criminal and correctional will establish the distribution of the shifts of them judged national in it Criminal and correctional in them different districts.

https://www.boletinoficial.gob.ar/pdf/linkQR/UHcxdEw4cjRTMUJycmZ0RFhoUThyQT09 article 6° - the oral courts criminal called the oral courts in Criminal and correctional facility and will have, together with the material and territorial competence which was assigned to those, the attributed to the judging that, prior to the entry into force of this Act, have the national courts in the correctional.
Chapter II trial Unipersonal and collegiate article 7 ° - the oral courts in Criminal and correctional judge, one-person or collegiate form as appropriate, single-instance of the crimes whose competence is not attributed to another court.
(Article 8 - the oral courts in Criminal and correctional facility will be integrated with one (1) single judge: a) in the cases of book II, title IV, chapter III, of the code procedure criminal of the nation, approved by law 23.984 and its modifications; (b) in the case of Book III, title II, chapter IV, of the code procedure criminal of the nation, approved by law 23.984 and its modifications; c) case of offences punished with deprivation of liberty and those of private action; d) case of crimes whose maximum custodial sentence of the abstract does not exceed six (6) years; (e) if case of crimes whose maximum custodial sentence of the abstract more than six (6) years and not to exceed fifteen (15) years or, in case of competition offences, none of them is repressed with the imprisonment that exceeds this amount, except when the accused and his counsel required collegiate integration , option that should be exercised unfailingly in the opportunity provided for in article 349 of the code procedure criminal of the nation, approved by law 23.984 and its modifications. (The conduct of the trial for cases covered by sub-paragraphs c) and (d)) in cases in which the maximum custodial sentence of the abstract does not exceed three (3) years, shall be governed by the rules of Book III, title II, chapters I and III, as appropriate, of the procedural criminal code of the nation, approved by law 23.984 and its modifications. The oral courts in Criminal and correctional facility will be integrated with three (3) judges case of crimes whose maximum custodial sentence of the abstract to exceed fifteen (15) years. If any two (2) or more charged with plurality of defenders, the election by one (1) of them in collegiate judging will require similarly to the other.
(Article 9 ° - the oral courts for minors will be integrated with one (1) single judge: a) in the case of book II, title IV, chapter III, of the code procedure criminal of the nation, approved by law 23.984 and its modifications; (b) in the case of Book III, title II, chapter IV, of the code procedure criminal of the nation, approved by law 23.984 and its modifications; c) case of crimes which the custodial sentence in the abstract is greater than three (3) years and not more than six (6) years; (d) if case of crimes whose maximum custodial sentence of the abstract more than six (6) years and not to exceed fifteen (15) years or, in case of competition offences, none of them is repressed with the imprisonment that exceeds this amount, except when the accused and his advocate https://www.boletinoficial.gob.ar/pdf/linkQR/UHcxdEw4cjRTMUJycmZ0RFhoUThyQT09 require group intervention , option that should be exercised unfailingly in the opportunity provided for in article 349 of the code procedure criminal of the nation, approved by law 23.984 and its modifications. Oral juvenile courts will be integrated with three (3) judges case of crimes whose maximum custodial sentence of the abstract to exceed fifteen (15) years. If any two (2) or more charged with plurality of defenders, the election by one (1) of them in collegiate judging will require similarly to the other.
ARTICLE 10. -In those cases of articles 8 ° and 9° in which a single judge (1) intervene, the President of the Tribunal will proceed to the draw of the causes between three (3) judges, according to the entry of cases and under a system of compensation, so that the allocation be fair.
Chapter III amendments to the criminal procedural code of the nation

ARTICLE 11. (- Be replaced with article 24 of the code procedure criminal of the nation, approved by law 23,984, and its amendments, the following text: competence of the Chamber of appeal article 24: the Chamber of appeal will know: 1 °) of appeals against decisions of national judges in Criminal and correctional, juvenile, Penal Enforcement when appropriate in cases of suspension of the process to test , and in criminal Rogatorias. (2 °) of the resources of complaint by request delayed or denied by those same judges. 3 °) of the competition issues that arise between them.
ARTICLE 12. -Be replaced with article 25 of the code procedure criminal of the nation, approved by law 23,984, and its amendments, the following text: competition of oral criminal courts and correctional article 25: the oral courts in Criminal and correctional facility will be judged in a single instance of crimes whose competence is not attributed to another court. The oral courts in Criminal and correctional facility will be integrated with one (1) single judge: 1 °) in the case of book II, title IV, chapter III, of this code. 2 °) in the case of Book III, title II, chapter IV, of this code. 3 °) case of offences punished with deprivation of liberty and those of private action. 4 °) case of crimes whose maximum custodial sentence of the abstract does not exceed six (6) years. 5 °) case of crimes whose maximum deprivation of freedom in the abstract more than six (6) years and not to exceed fifteen (15) years, or, in case of contest of crimes, none of them is repressed with deprivation of freedom exceeding that amount, unless the accused and his counsel required collegiate integration , option that should be exercised unfailingly in the opportunity provided for in article 349 of the code. The conduct of the trial for the cases provided by paragraphs 3° and 4° in cases where the maximum sentence of freedom in the abstract not exceeding three (3) years, be governed by the rules of Book III, title II, chapters I and III, as appropriate, of this code. The oral courts in Criminal and correctional facility will be integrated with three (3) judges case of https://www.boletinoficial.gob.ar/pdf/linkQR/UHcxdEw4cjRTMUJycmZ0RFhoUThyQT09 crimes whose maximum custodial sentence of the abstract to exceed fifteen (15) years. If any two (2) or more charged with plurality of defenders, the election by one (1) of them in collegiate judging will require similarly to the other.
ARTICLE 13. -Be replaced with article 26 of the code procedure criminal of the nation, approved by law 23.984 and its amendments, the following text: competition of the national judge in Criminal and correctional article 26: El Nacional judge in Criminal and correctional investigates crimes whose competence is not attributed to another court, except in the cases in which the public prosecutor's Office exercise the right granted by article 196.
ARTICLE 14. -Be replaced with article 28 of the code procedure criminal of the nation, approved by law 23,984, and its amendments, the following text: jurisdiction of the Court under article 28: the juvenile court judge in single instance in offences committed by minors at the time of the Commission of the Act, although they had reached the age of majority at the time of the trial , and which are suppressed with the imprisonment of three (3) years. The oral courts for minors will be integrated with one (1) single judge: 1 °) in the case of book II, title IV, chapter III, of this code. 2 °) in the case of Book III, title II, chapter IV, of this code. 3 °) case of crimes which the custodial sentence in the abstract is greater than three (3) years and not more than six (6) years. 4 °) case of crimes whose maximum deprivation of freedom in the abstract more than six (6) years and not to exceed fifteen (15) years or, in case of contest of offences, none of them is repressed with deprivation of freedom exceeding that amount, unless the accused and his counsel required collegiate intervention , option that should be exercised unfailingly in the opportunity provided for in article 349 of the code. Oral juvenile courts will be integrated with three (3) judges case of crimes whose maximum custodial sentence of the abstract to exceed fifteen (15) years. If any two (2) or more charged with plurality of defenders, the election by one (1) of them in collegiate judging will require similarly to the other.
ARTICLE 15. (- Replaced article 349 of the code procedure criminal of the nation, approved by law 23.984 and its modifications, by the following text: article 349 defense powers: provided that the fiscal agent requires elevation view, the conclusions of the opinions will be notified to the defender of the accused, who may, at the end of six (6) days: 1 °). Infer exceptions not filed earlier. 2 °). Oppose the elevation view, urging the dismissal. 3 °). To exercise the option, where appropriate, to the intervention of a court collegiate or unipersonal, with the agreement of the accused. If you do not dedujere exceptions or opposition, the case will be referred by simple decree, which will declare closed the instruction, to the Court that corresponds, in the term of three (3) days of expiry of the previous period. The decree must be disclosed if the accused and his counsel were issued in terms of subsection 3 ° of this article.
https://www.boletinoficial.gob.ar/pdf/linkQR/UHcxdEw4cjRTMUJycmZ0RFhoUThyQT09 article 16. -Replaced Article 351 of the code procedure criminal of the nation, approved by law 23.984 and its modifications, by the following text: Auto lift Article 351: the auto elevation view shall contain, under penalty of nullity: the date, the personal data of the accused, the name and domicile of the civil actor and the civil defendant, a clear, precise and lengthy relationship of the facts , their legal qualification, the information referred to in article 349, last paragraph and operative part. Shall indicate, where appropriate, how has been locked the litis claims, counter-claims and their answers. If there are several defendants, though one of them has deduced opposition, the auto elevation view shall be given with respect to all.

ARTICLE 17. -Replaced the article 354 of the code procedure criminal of the nation, approved by law 23.984 and its modifications, by the following text: integration of the Court. Summons to trial article 354: received the process, will verify compliance with the requirements of instruction. In the case of correspond the unipersonal integration, the President of the Tribunal will proceed to draw on the case between three (3) judges, according to the entry of cases and under a system of compensation, so that the allocation be fair. In case of excusacion or disqualification of the judge of the cause pending, the Secretariat shall proceed to reassign the same dodging among the remaining members, with equal balance in the distribution criteria. Integrated Court, the corresponding vowel or the President of the Court, as appropriate, will be mentioned to the public prosecutor's Office and to the other parties so that at the end of ten (10) days they are brought to trial, examination proceedings, documents and sequestered things, offer evidence and filed the challenges that they consider relevant. In cases from courts other than the Court based, the term shall be fifteen (15) days.
Chapter IV modifications to the law 24.050 article 18. (- Replaced article 2 °, 24.050 law and its modifications, by the following text: article 2: the Judicial power of the nation, in criminal matters, will be integrated by: a) the Supreme Court of Justice of the nation; (b) the Federal Chamber of Penal cassation); (c) the National Chamber of Cassation in Criminal and correctional facility of the Federal Capital; (d) those courts oral in it Criminal and correctional, in it criminal economic, of minor, in it Criminal Federal of the Capital Federal and federal with seat in the provinces; e) the national Chambers of appeals in Criminal and correctional facility, in economic criminal, Criminal and Federal Correctional facility of the Federal Capital and Federal Appeals Chambers with seat in the provinces; f) national courts in Criminal and correctional, economic, criminal matters of minors, Criminal and Federal Correctional facility of the Federal Capital and federal seat in the provinces; (g) the national courts of running criminal;
https://www.boletinoficial.gob.ar/pdf/linkQR/UHcxdEw4cjRTMUJycmZ0RFhoUThyQT09 h) El Nacional Juzgado criminal de Rogatorias; (i) the other bodies established by law.
ARTICLE 19. -Replaced article 12, 24.050 law and its amendments, by the following text: article 12: the oral courts in Criminal and correctional facility of the Federal Capital will know in the cases established by article 25 of the code procedure criminal of the nation, approved by law 23.984 and its modifications.
ARTICLE 20. -Replaced article 18, 24.050 law and its modifications, by the following text: article 18: the National Chamber of appeals in Criminal and correctional facility of the Federal Capital will be a Court of appeal in the cases referred to in article 24 of the code procedure criminal of the nation, approved by law 23.984 and its modifications. It shall be composed of sixteen (16) members and work divided into five (5) rooms of three (3) members each, the remaining Member to exercise the Presidency.
ARTICLE 21. -Replaced article 22, 24.050 law and its modifications, by the following text: article 22: the national courts in Criminal and correctional facility will know in the cases set out in article 26 of the code procedure criminal of the nation, approved by law 23.984 and its modifications.
Chapter V final provisions article 22. -For the purposes of this law, the terms referred to the national courts in the Criminal instruction and to national courts in the corrections, or oral criminal tribunals, including in article 32 of the Decree-Law 1.285/58, ratified by law 14.467, and its amendments, or other standards, are considered to be referred to the national courts in Criminal and correctional facility and the oral courts in Criminal and correctional respectively. They will apply, in the relevant provisions of the aforementioned decree-law bodies that are transformed by this law.
ARTICLE 23. -Repeal article 27 of the code procedure criminal of the nation, approved by law 23.984 and its modifications.
ARTICLE 24. -Repeal of article 44 of the Decree - Law 1.285/58, ratified by law 14.467, and its amendments.
ARTICLE 25. – Repeal of article 23 of the law 24.050.
ARTICLE 26. -The cases currently pending before the former national courts criminal of instruction and the former national courts in the correctional will be settled before the organs in which they are found, that with the denomination established in the first paragraph of article 1 ° must continue processing, with the exception of the provisions of article 27.
ARTICLE 27. -The causes that are in trial phase before the former national courts in the corrections will be reassigned by lot to the oral courts in Criminal and correctional facility, with https://www.boletinoficial.gob.ar/pdf/linkQR/UHcxdEw4cjRTMUJycmZ0RFhoUThyQT09 except those that have complied with the procedure of article 354 of the code procedure criminal of the nation, approved by law 23.984 and its amendments.
ARTICLE 28. -The provisions on the implementation of the one-person judgments shall apply to causes that had begun prior to the entry into force of this law.
ARTICLE 29. -The current prosecutors and ombudsmen who work before the former national courts in the corrections, national courts of instruction and oral Criminal courts, will have to serve as prosecutors and defenders before the national courts in Criminal and correctional facility and the oral courts in Criminal and correctional, respectively, both in its function as one-person as Collegiate Court maintaining their current teams, which may be reinforced at the request of the judges in charge of these units. The public prosecutor's Office and the Public Ministry of the defence, in the exercise of their respective powers, shall take measures conducive to the needs required by the implementation of this law.
ARTICLE 30. -The necessary expenditures for the implementation of this Act shall be charged to the budget for the Judicial power of the nation for the year 2016.

ARTICLE 31. -The Supreme Court of Justice and the Council of the judiciary, in exercise of their respective powers, shall take administrative and budgetary measures conducive to the implementation in functioning of organisms formed from the provisions of this law.
ARTICLE 32. -For the purposes of complying with the provisions of this Act, the Honourable National Congress will provide the Bicameral Commission of monitoring and implementation of the new code procedural criminal of the nation of the budgetary resources needed to achieve its mission.
ARTICLE 33. -This Act shall enter into force the day following its official publication and its implementation shall be carried out in accordance with the schedule that establishes the Bicameral Commission of monitoring and implementation of the new code procedural criminal of the nation, which operates in the field of the Honorable National Congress, after consultation with the Ministry of Justice and human rights through the Ministry of Justice and to the President of the Council of the judiciary.
ARTICLE 34. -Communicate is to the power Executive national.
GIVEN IN THE CHAMBER OF THE CONGRESO ARGENTINO IN BUENOS AIRES, THE TWENTY-SIXTH DAY OF OCTOBER IN THE YEAR TWO THOUSAND AND SIXTEEN.
-REGISTERED UNDER NO. 27308 - EMILIO MONZO. -FEDERICO PINEDO. -Eugenio Inchausti. -John p. Tunessi.

Publication date: 11-16-2016 https://www.boletinoficial.gob.ar/pdf/linkQR/UHcxdEw4cjRTMUJycmZ0RFhoUThyQT09