LAW ON THE UNIFICATION OF FORCES AND JUDGMENT

Law 27308

National Justice in the Criminal. Penal Code of Procedure of the Nation. Law No 24,050. Amendments.

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

Law of Unification of Fueros and Unpersonal Judgment

Chapter I

National Justice in the Criminal

Article 1 °-The National Courts in the Criminal of Instruction and the National Courts in the Correctional will be called National Courts in the Criminal and Correctional and will maintain the integration of those, with the exception of the Article 3 of this Law and shall be individualized as established by the Supreme Court of Justice of the Nation.

ARTICLE 2 °-The National Courts in the Criminal and Correctional will know in the cases established in article 26 of the Code of Criminal Procedure of the Nation, approved by law 23,984 and its modifications.

ARTICLE 3-The dissolution of one of the Secretariats of the former National Courts in the Correctional, which will be effective after eighteen (18) months since the implementation of this law. The reasons not concluded at the end of the deadline shall be assigned to the Secretaries which do not dissolve. The selection of such secretaries will be made by the Supreme Court of Justice of the Nation.

ARTICLE 4 °-Officials and employees of the dissolved secretaries shall be relocated by the competent authority, with the participation of the guild, in other courts with criminal jurisdiction, according to the operational needs they are generated from the present reform, respecting their acquired rights.

ARTICLE 5 °-The National Chamber of Appeals in the Criminal and Correctional will establish the distribution of the shifts of the National Courts in the Criminal and Correctional in the various districts.

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Article 6-The Oral Courts in the Criminal will be called Oral Courts in the Criminal and Correctional and will have, together with the material and territorial competence that is assigned to those, the attributed to the judgment that, prior to the The national courts have the right to enter into force of this law.

Chapter II

Unipersonal and Collegiate Judgment

ARTICLE 7 °-The Oral Courts in the Criminal and Correctional Courts will judge, in a single or collegiate way, in a single instance of the crimes whose jurisdiction is not attributed to another court.

ARTICLE 8 °-The Oral Courts in the Criminal and Correctional will be integrated with one (1) only judge: a) In the assumptions of Book II, Title IV, Chapter III, of the Code of Criminal Procedure of the Nation, approved by law 23,984 and its amendments; b) In the cases of Book III, Title II, Chapter IV, of the Code of Criminal Procedure of the Nation, approved by law 23,984 and its amendments; (c) If the offences are repressed with non-custodial sentences and those of private action; (d) If the offences are punishable by a maximum of six (6) years, the maximum penalty for the deprivation of freedom in the abstract shall be: (e) If the offence is punishable by a maximum of six (6) years and not more than six years exceeds fifteen (15) years or, in the case of a crime contest, none of them is repressed with a custodial sentence that exceeds that amount, except when the accused and his defender require the collegiate integration, an option that must be The Court of Justice of the Republic of Mexico (Código Procesal Penal de la Nación), approved by law 23,984 and its amendments, will not be able to exercise this opportunity. The substantiation of the judgment for the cases provided for by points (c) and (d) in cases where the maximum penalty for the deprivation of liberty in 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 Code of Criminal Procedure of the Nation, approved by law 23,984 and its amendments. The Oral Courts in the Criminal and Correctional will be integrated with three (3) judges if they are crimes whose maximum custodial sentence in the abstract exceeds fifteen (15) years. In case of two (2) or more imputed with plurality of defenders, the choice of one (1) of them of the collegiate judgment will force in the same way the remaining ones.

ARTICLE 9 °-The Oral Courts of Minors shall be integrated with one (1) only judge: a) In the assumptions of Book II, Title IV, Chapter III, of the Code of Criminal Procedure of the Nation, approved by law 23,984 and its amendments; b) In the cases of Book III, Title II, Chapter IV, of the Code of Criminal Procedure of the Nation, approved By law 23,984 and its amendments; (c) If the offence is punishable by a custodial sentence of more than three (3) years and does not exceed six (6) years; (d) If the offences are punishable by the maximum penalty of freedom in the abstract exceeds six (6) years and does not exceed 15 (15) years or, in the case of a crime contest, none of them is (a) find that the freedom to exceed that amount is punishable by deprivation, except where the person and his/her

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The law of the Court of Justice of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of Colombia The Oral Courts of Minors will be integrated with three (3) judges if they are crimes whose maximum custodial sentence in the abstract exceeds fifteen (15) years. In case of two (2) or more imputed with plurality of defenders, the choice of one (1) of them of the collegiate judgment will force in the same way the remaining ones.

ARTICLE 10. -In those cases of Articles 8 ° and 9 ° in which one (1) judge is involved only, the President of the Court shall draw up the grounds of the case from among the three (3) Magistrates, according to the income of the cases and under a system of compensation, such that the award is equitable.

Chapter III

Amendments to the Criminal Procedure Code of the Nation

ARTICLE 11. -Substitute Article 24 of the Code of Criminal Procedure of the Nation, approved by law 23,984, and its amendments, by the following text: Competition of the Chamber of Appeal Article 24: The Chamber of Appeal will know: 1 °) Of the resources (a) the Court of Justice of the European Court of Justice of the European Court of Justice of the European Court of Justice of the European Union, of the Court of Justice of the European Union, of the Court of Justice of the European Union, of the Court of Justice of the European Union by a delayed request or denied by the same judges. 3 °) Of the questions of competence which arise between them.

ARTICLE 12. -Substitute Article 25 of the Code of Criminal Procedure of the Nation, approved by law 23,984, and its amendments, by the following text: Competition of the Oral Courts in the Criminal and Correctional Article 25: The Oral Courts in the Criminal and Correctional will be judged in a single instance of the crimes whose jurisdiction is not attributed to another court. The Oral Courts in the Criminal and Correctional will be integrated with one (1) judge only: 1 °) In the assumptions of Book II, Title IV, Chapter III, of this Code. 2 °) In the assumptions of Book III, Title II, Chapter IV, of this Code. 3 °) I will deal with repressed crimes with a non-custodial sentence and those of private action. 4 °) If the offence is punishable by a maximum of six (6) years, the maximum penalty for freedom of the abstract shall be no more than six years. (5) If the offence is punishable by a maximum of six (6) years and does not exceed fifteen (15) years, or, in the case of a crime contest, none of them is repressed with a custodial sentence of 15 (15) years; exceed that amount, except where the accused and his/her advocate require the collegiate integration, an option that must be exercised unfailingly in the opportunity provided for by Article 349 of this Code. The substantiation of the judgment in the cases provided for by points 3 and 4 in cases where the maximum penalty for the deprivation of liberty in the abstract does not exceed three (3) years shall be governed by the rules of the third, Title II, Chapters I and III, as appropriate, of this Code. The Oral Courts in the Criminal and Correctional will be integrated with three (3) judges if it is dealt with

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crimes whose maximum penalty of freedom in the abstract exceeds fifteen (15) years. In case of two (2) or more imputed with plurality of defenders, the choice of one (1) of them of the collegiate judgment will force in the same way the remaining ones.

ARTICLE 13. -Substitute Article 26 of the Code of Criminal Procedure of the Nation, approved by law 23,984 and its amendments, by the following text: Competition of the National Judge in the Criminal and Correctional Article 26: The National Judge in the Criminal and Correctional is investigating crimes whose jurisdiction is not attributed to another court, except in the cases in which the Public Prosecutor's Office exercises the power granted to it by Article 196.

ARTICLE 14. -Substitute Article 28 of the Code of Criminal Procedure of the Nation, approved by law 23,984, and its amendments, by the following text: Competition of the court of minors Article 28: The court of minors will judge in a single instance in the crimes committed by minor persons at the time of the commission of the fact, even if they had reached the age of age of the judgment, and that they are repressed with a custodial sentence of greater than three (3) years. The Oral Courts of Minors will be integrated with one (1) judge only: 1 °) In the assumptions of Book II, Title IV, Chapter III, of this Code. 2 °) In the assumptions of Book III, Title II, Chapter IV, of this Code. 3 °) If these are crimes whose The term 'freedom' in the abstract is more than three (3) years and does not exceed six (6) years. (4) If the offence is punishable by a maximum of six (6) years and does not exceed fifteen (15) years or, in the case of a crime contest, none of them is repressed with a custodial sentence of 15 (15) years. exceed that amount, except where the accused and his/her advocate require the collective intervention, an option that must be exercised unfailingly in the opportunity provided for in Article 349 of this Code. The Oral Courts of Minors will be integrated with three (3) judges if they are crimes whose maximum custodial sentence in the abstract exceeds fifteen (15) years. In case of two (2) or more imputed with plurality of defenders, the choice of one (1) of them of the collegiate judgment will force in the same way the remaining ones.

ARTICLE 15. -Substitute Article 349 of the Code of Criminal Procedure of the Nation, approved by law 23,984 and its amendments, by the following text: Faculties of defense Article 349: Whenever the tax agent requires the elevation to judgment, the Conclusions of the opinions shall be notified to the defendant, who may, within six (6) days: 1 °). Deduce previously unfiled exceptions. 2 °). Oppose the elevation to judgment, urging the dismissal. 3 °). Exercise the option, where appropriate, for the intervention of a collegiate or unipersonal court, with the agreement of the accused. If no exceptions or opposition are given, the cause shall be forwarded by simple decree, which shall declare the instruction closed, to the court corresponding, within three (3) days of the expiry of the previous period. This decree must mention whether the person and his/her human rights defender were issued in accordance with the terms of paragraph 3 of this Article.

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ARTICLE 16. -Substitute Article 351 of the Code of Criminal Procedure of the Nation, approved by law 23,984 and its amendments, by the following text: Self-raising Article 351: The order of elevation to judgment shall contain, under penalty of nullity: the date, the personal data of the defendant, the name and address of the civil actor and the civilly defendant, a clear, precise and circumstantial relationship of the facts, their legal status, the operative part and the information provided for in Article 349, last paragraph. It shall indicate, where appropriate, how the litis in the claims, counterclaims and their replies have been blocked. If there are several imputed ones, even if only one of them has deduced opposition, the order of elevation to judgment must be given in respect of all.

ARTICLE 17. -Substitute Article 354 of the Code of Criminal Procedure of the Nation, approved by law 23,984 and its amendments, by the following text: Integration of the court. Citation to judgment Article 354: Received the process, compliance with the prescriptions of the instruction will be verified. In the case of a single-person integration, the President of the Court shall draw the cause among the three (3) Magistrates, according to the income of the cases and under a system of compensation, in such a way that the award is fair. In the event of an excuse or recusal from the judge to deal with the case, the Secretariat will reassign the same order among the other members, with the same criterion of balance in the distribution. The court, the acting vowel or the President of the Court, as appropriate, shall cite the Public Prosecutor's Office and the other parties so that, at the end of ten (10) days, they may appear on trial, examine the proceedings, the documents and the things they have taken, offer the evidence and make the relevant claims. In the case of a court other than that of the court, the term shall be fifteen (15) days.

Chapter IV

Amendments to the law 24.050

ARTICLE 18. -Substitute Article 2 °, of Law 24,050 and its Amending, by the following text: Article 2 °: The Judicial Branch of the Nation, in criminal matters, shall be composed of: (a) The Supreme Court of Justice of the Nation; (b) The Federal Chamber of Criminal Cassation; (c) The National Chamber of Cassation in the Criminal and Correctional Capital of the Federal Capital; (d) The Oral Courts in the Criminal and Correctional, in the Economic and Social Minors, Federal Capital Federal and Federal Capital Criminal Court (s), and (e) National Chambers of Criminal and Correctional Appeals, Economic Criminal, Federal Capital Criminal and Criminal, and Federal Appeals Chambers with a seat in the provinces; f) The National Courts in the Criminal and Correctional, in the Economic, Minor, Criminal and Federal Capital Federal and Federal Capital of the Federal and Federal Capital with a seat in the provinces; g) The National Criminal Enforcement Courts;

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(h) The National Court in the Criminal Procedure of Rogoriums; (i) Other bodies established by law.

ARTICLE 19. -Substitute Article 12, of Law 24,050 and its Amending, by the following text: Article 12: The Criminal and Correctional Courts of the Federal Capital shall know in the cases established by Article 25 of the Code The Criminal Procedure of the Nation, approved by law 23,984 and its amendments.

ARTICLE 20. -Substitute Article 18, of Law 24,050 and its Amending, by the following text: Article 18: The National Chamber of Appeals in the Criminal and Correctional of the Federal Capital shall be a court of law in the cases provided for in the Article 24 of the Code of Criminal Procedure of the Nation, approved by law 23,984 and its amendments. It shall be composed of sixteen (16) members and shall be divided into five (5) rooms of three (3) members each, the remaining member being the chair.

ARTICLE 21. -Substitute Article 22, of Law 24,050 and its Amending, by the following text: Article 22: The National Courts in the Criminal and Correctional will know in the cases established in Article 26 of the Code of Criminal Procedure of the Nation, approved by law 23,984 and its amendments.

Chapter V

Final Provisions

ARTICLE 22. -For the purposes of this law, the particulars referred to the National Courts in the Criminal of Instruction and to the National Courts in the Correctional, or to the Oral Courts in the Criminal, included in article 32 of the decree-law 1.285/58, ratified by law 14.467, and its modifications, or in other norms, shall be considered as referring to the National Courts in the Criminal and Correctional and the Oral Courts in the Criminal and Correctional, respectively. The provisions of the decree-law shall apply, as appropriate, to the organs which are transformed by this law.

ARTICLE 23. -Repeal article 27 of the Code of Criminal Procedure of the Nation, approved by law 23,984 and its amendments.

ARTICLE 24. -Repeal article 44 of Decree-Law 1.285/58, ratified by Law 14.467, and its amendments.

ARTICLE 25. -Article 23 of Law No 24,050 is repealed.

ARTICLE 26. -The causes currently pending before the former National Courts in the Criminal of Instruction and the former National Courts in the Correctional will be located before the organs in which they are located, the ones with the denomination established in the The first paragraph of Article 1 shall continue to be processed, with the exception of Article 27.

ARTICLE 27. -The causes that are in the process of trial before the former National Courts in the Correctional will be reallocated by lot to the Oral Courts in the Criminal and Correctional, with

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the exception of those who had complied with the procedure of Article 354 of the Code of Criminal Procedure of the Nation, approved by law 23,984 and its amendments.

ARTICLE 28. -The provisions on the conduct of the single-person trials shall apply to the causes which have been initiated prior to the entry into force of this law.

ARTICLE 29. -The current procuratorate and defense against the former National Courts in the Correctional, National Courts of Instruction and Oral Courts in the Criminal, will go on to perform as prosecutors and defenders before the Courts. National in the Criminal and Correctional and before the Oral Courts in the Criminal and Correctional, respectively, both in their role of single-personal and collegiate court, maintaining their current work teams, those that will be able to be strengthened the order of the magistrates in charge of these agencies. The Public Prosecutor's Office and the Public Ministry of Defense, in the exercise of their respective powers, shall take the necessary measures to address the needs that the implementation of this law requires.

ARTICLE 30. -The expenditures necessary for the implementation of this law will be charged to the budget corresponding to the Judicial Power of the Nation planned for the financial year 2016.

ARTICLE 31. -The Supreme Court of Justice of the Nation and the Council of the Magistrature, in exercise of their respective powers, shall take the necessary administrative and budgetary measures for the implementation of the bodies formed from the provisions of this law.

ARTICLE 32. -For the purposes of complying with the provisions of this law, the Honorable Congress of the Nation will provide the Bicameral Commission with Monitoring and Implementation of the New Code of Procedure for the Criminal Resources of the Nation necessary to achieve its task.

ARTICLE 33. -This law will enter into force on the day following its official publication and its implementation will be carried out in accordance with the timetable established by the Bicameral Commission for Monitoring and Implementation of the New Criminal Procedure Code of the Nation, which functions in the field of the Honorable Congress of the Nation, after consulting the Ministry of Justice and Human Rights through the Secretariat of Justice and the President of the Council of the Magistracy.

ARTICLE 34. -Contact the national executive branch.

GIVEN IN THE SESSION HALL OF THE ARGENTINE CONGRESS, IN BUENOS AIRES, AT THE TWENTY-SIX DAYS OF THE MONTH OF OCTOBER OF THE YEAR TWO THOUSAND SIXTEEN.

-REGISTERED UNDER NO 27308-

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

Date of publication: 16/11/2016

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