Modification

Original Language Title: Modificación

Read the untranslated law here: https://www.boletinoficial.gob.ar/#!DetalleNorma/11513507/20170116

Code of criminal procedure code of criminal procedure law 27272 modification.
The Senate and Chamber of deputies of the Argentina nation gathered in Congress, etc. sanctioned with force of law: article 1 - replace Title IX of book II of the procedural code criminal of the nation by the following: "Title IX procedure for cases of flagrante delicto" article 2 ° - replaced article 353 bis of the criminal procedural code of the nation by the following: Article 353 bis: procedure for cases of flagrante delicto, provided for in this title is applicable to all the fraudulent acts that will verify the circumstances of the article 285 and whose maximum penalty does not exceed fifteen (15) years of prison or twenty (20) years of imprisonment in the case of the fourth paragraph of article 119, and of article 166, penultimate paragraph, of the Penal Code, or trying to be a contest of crimes, none of them exceeds that amount. The judicial decisions referred to in this title shall be taken orally in public and hearing contradictory, respecting the principles of immediacy, bilateralism, continuity and concentration. Resolutions shall be reported orally at the same hearing and resources replenishment and appeal may be heard and granted in the same way. Be worked a concise record of the hearing, which will be recorded in full through support of audio and, to the extent of the possibilities of the Court, video. The provisions of this title shall not apply when the acts are addressed would take place on the occasion of the exercise of human or social rights, or any other constitutional right. If with reason u occasion of the protest social is committed crimes common in flagrante delicto, may be subject to the provisions of the present title.
Article 3 - Article 353 ter of the criminal procedural code of the nation be replaced by the following: Article 353 ter: at the time of taking knowledge of the arrest, the Prosecutor shall declare, correspond, the case as flagrante delicto, subjecting it to the procedure laid down in this title. The detainee will be transferred to the judge in order to participate in an initial oral hearing of flagrante delicto which must be carried out within twenty-four (24) hours from detention, extendable for another twenty-four (24) hours, if any no longer able to perform for reasons of organization of the Court, the Prosecutor or the defence, or when the accused so requests to designate a particular Defender. That audience should attend the public prosecutor, the accused and his counsel.
https://www.boletinoficial.gob.ar/pdf/linkQR/YzZRRDEyZVNJY2RycmZ0RFhoUThyQT09 the victim is entitled to attend all hearings and must be notified of realization thereof in order to be heard and eventually be taken by party complainant. The victim, with the control of the defense, may seek to testify without the presence of the accused. At this hearing the judge must be issued on the release or detention of the accused. The decision shall be notified to the parties orally at the same hearing.
Article 4 ° - merge as Article 353 quater of the criminal procedural code of the nation the following: Article 353 c: character multipurpose audience. All hearings within the framework of the procedure provided for in this title, are multipurpose and can undergo judicial decision different issues to which could have motivated their designation. Practiced by the judge the interrogation of identification provided for in article 297, the Prosecutor shall inform the accused the fact attached to it and hearing evidence against. The accused or his counsel may object founded the applicability of the procedure for cases of flagrante delicto when they consider that article 285 budgets are not verified or that the complexity of the research will not make possible the application of the procedure laid down in the present. These objections should be resolved by the judge at that time. This decision will be appealed and the appeal shall have suspensive effect. You must intervene in the resource one of the judges of the Court of appeal, as internal regulations handed down in this regard and be resolved within three (3) days from the date of received record by that Court. Camera resolution will have definitive character and will be appealed. Also, the prosecutor asked to judge the realization of all necessary measures for the purpose of the correct identification of the accused, the evidence from his home finding, the certification of its records, the environmental report, mental examination provided for in article 78 of the present code - in case of match-, and all testing as may be relevant to complete the instruction and that still do not have occurred. Such measures must be carried out within a maximum of ten (10) to twenty (20) days, if it decides to maintain the detention or to grant freedom to the accused, respectively. For cases in which is indispensable for the proper exercise of the right of defence, the period of production of proof to the accused detainee can be extended by twenty (20) days. The closing hearing must be fixed in this same Act taking into account the period established in the preceding paragraph. The defense may request measures of test deemed relevant, as well as the statement of the accused, in which case invited him to manifest as is convenient, and may be questioned by the parties. Apply the provided rules for the statement in the common procedure in everything that does not contradict with the provisions of this title. If the accused requests the release should do so orally and the judge will resolve at the same hearing. All the issues introduced in the audience oral initial of flagrante delicto shall be determined by the judge in form oral, immediate and of way founded. The verification of a case of relatedness with other made that not repayments under this mode, not prevents it application or continuation of the procedure for cases of flagrante delicto, provided is possible it research separate of them made. Case opposite, should desist is of the trial under this regime. Of all it acted worked minutes brief the Secretary.
Article 5 °-incorporate it as Article 353 d of the code procedural criminal of the nation the https://www.boletinoficial.gob.ar/pdf/linkQR/YzZRRDEyZVNJY2RycmZ0RFhoUThyQT09

following: Article 353 d: audience of closure of the procedure for cases of flagrante delicto. He judge will grant it Word to the complaint and to the agent fiscal to request the dismissed or the lifting of it cause to trial, to whose effect must accompany by written it description of the made and your rating legal. On such occasion will request, if appropriate, in his view, the dictation of the pre-trial detention. The defence will formulate their oppositions in oral form in the terms of article 349. The judge will resolve in accordance with provisions of Article 351 and, at the same event, will decide on the request in pre-trial detention. You can defer reading fundamentals until a period of three (3) days. Appeals that have occurred since the beginning of the process until the conclusion of this hearing, will be elevated to the appeal jointly in this Act, with the exception of those schemes linked to the liberty of the accused.
Article 6 ° - merge as Article 353 sexies of the criminal procedural code of the nation the following: Article 353 sexies: from the Desde la audiencia audience oral act until the closing hearing initial inclusive, the parties may, under penalty of forfeiture, request the judge the suspension of judgment-proof, or the realization of an abbreviated trial agreement. In those cases, if mediate conformity of the Prosecutor and the defence, the judge shall be given a pronouncement on the matter immediately being able to give to know the foundations within three (3) days. If any complainant, prior to the adoption of any of these decisions, will require its opinion, which will not be binding. They must also be inserted into this opportunity, requests for invalidity and exceptions that are considered relevant, that they will be resolved in the same hearing.
Article 7 ° - merge as Article 353 septies of the criminal procedural code of the nation the following: Article 353 septies: Constitution of the tribunal. Offer of proof. Audience. Fixing of date for debate. Within a term not more than forty-eight (48) hours of received the case on the organ of debate, will be notified to parties the establishment of the tribunal and at the same time will quote them a hearing within a period which may not exceed five (5) days to provide proof for the debate. At the hearing it will be addressed on the provenance of the same. If the accused was in pre-trial detention, it will debate on the need for its entry into force. They may also introduce the annulments and exceptions that have not been raised previously. Resolved issues orally, the Court shall set the date of debate within a period which shall not exceed twenty (20) days from the filing. In all cases subject to the procedure for cases of flagrante delicto, which expected the maximum penalty does not exceed fifteen (15) years, a single judge will be judging.
Article 8 - article 285 of the criminal procedural code of the nation, be replaced by the following: article 285: there will be flagrante delicto, if the perpetrator of the crime was surprised at the time to try it, do so, immediately after, if it were pursued or have objects or submit traces that would reasonably hold that just participate in a crime.
Article 9 - replaced the title III of book II, second part of the procedural code of the criminal of the nation, 27.063-law by the following: "Title III https://www.boletinoficial.gob.ar/pdf/linkQR/YzZRRDEyZVNJY2RycmZ0RFhoUThyQT09 procedure on flagrante delicto" add title IV of book II, second part of the procedural code of the criminal of the nation, law 27.063: "Title IV procedures complexes" article 10. -Merge as article 292 bis of title III of book II, second part of the code of criminal procedure law 27.063, the following: article 292 bis: procedure for cases of flagrante delicto, provided for in this title is applicable to all the fraudulent acts which will verify the circumstances of article 184 and whose maximum penalty does not exceed fifteen (15) years of prison or twenty (20) years in prison , in the case of article 119, paragraph and article 166 penultimate paragraph of the Criminal Code of the nation or for a contest of offences, none of them exceeds that amount. The judicial decisions referred to in this title, shall be taken orally in public and hearing contradictory, respecting the principles of immediacy, bilateralism, continuity and concentration. Resolutions shall be reported orally at the same hearing and resources replenishment and appeal may be heard and granted in the same way. Be worked a concise record of the hearing, which will be recorded in full through support of audio and, to the extent of the possibilities of the Court, video. The provisions of this title shall not apply when the facts in question took place on the occasion of the exercise of human or social rights, or any other constitutional right. If with reason or occasion of social protest were committed ordinary offences in flagrante delicto, they may be subjected to the provisions of this title.
ARTICLE 11. -Merge as article 292 ter of the procedural code of the criminal of the nation, law 27.063, the following: article 292 ter: at the time of taking knowledge of the arrest, the Prosecutor shall declare, correspond, the case as flagrante delicto, subjecting it to the procedure laid down in this title. The detainee will be transferred to the judge in order to participate in an initial oral hearing of flagrante delicto which must be carried out within twenty-four (24) hours from detention, extendable for another twenty-four (24) hours, if any no longer able to perform for reasons of organization of the Court, the Prosecutor or the defence, or when the accused so requests to designate a particular Defender. That audience should attend the public prosecutor, the accused and his counsel. The victim is entitled to attend all hearings and must be notified of realization thereof in order to be heard and eventually be taken by party complainant. The victim, with the control of the defense, may seek to testify without the presence of the accused. At this hearing the judge must be issued on the release or detention of the accused. The decision shall be notified to the parties orally at the same hearing.

ARTICLE 12. -Merge as article 292 quater of the procedural code of the criminal of the nation, law 27.063, the following: article 292 c: character multipurpose audience. All hearings within the framework of the procedure provided for in this title, are multipurpose and can undergo judicial decision different issues to which could have motivated their designation. Practiced by the judge the interrogation of identification provided for in article 65, the Prosecutor shall inform the accused the fact attached to it and hearing evidence against.
https://www.boletinoficial.gob.ar/pdf/linkQR/YzZRRDEyZVNJY2RycmZ0RFhoUThyQT09 the accused or its Defender may object founded the applicability of the procedure for cases of flagrante delicto when consider that not is verify them budgets of the article 184 or that the complexity of the research not will make possible the application of the procedure planned in it present. These objections should be resolved by the judge at that time. This decision will be appealed and the appeal shall have suspensive effect. You must intervene in the resource one of the judges of the Court of appeal, as internal regulations handed down in this regard and be resolved within three (3) days from the date of received record by that Court. Camera resolution will have definitive character and will be appealed. Also, the prosecutor asked to judge the realization of all necessary measures for the purpose of the correct identification of the accused, the evidence from his home finding, the certification of its records, the environmental report, mental examination provided for in article 66 of this code - in case of match-, and all testing as may be relevant to complete the instruction and that still do not have occurred. Such measures must be carried out within a maximum of ten (10) to twenty (20) days, if it decides resolved to maintain the detention or to grant freedom to the accused, respectively. For cases in which is indispensable for the proper exercise of the right of defence, the period of production of proof to the accused detainee can be extended by twenty (20) days. The closing hearing must be fixed in this same Act taking into account the period established in the preceding paragraph. The defense may request measures of test deemed relevant, as well as the statement of the accused, in which case invited him to manifest as is convenient, and may be questioned by the parties. Apply the provided rules for the statement of the accused in the ordinary procedure in everything that does not contradict with the provisions of this title. If the accused requests the release should do so orally and the judge will resolve at the same hearing. All of the issues introduced in the initial hearing of flagrante delicto must be resolved by the judge in oral, immediate and founded way. Verification of a case of relatedness with another fact that no repayments under this mode, does not prevent the application or continuation of the procedure for cases of flagrante delicto, provided possible research separate from the facts. Otherwise, shall withdraw from the trial under this regime. Of the proceedings the Secretary worked succinct minutes.
ARTICLE 13. -Merge as article 292 d of the procedural code of the criminal of the nation, law 27.063, the following: article 292 d: audience of closure of the procedure for cases of flagrante delicto. The judge will grant the word to the complaint and to the fiscal agent to request the dismissal either lift the case to trial, for which purpose must accompany written descriptions of the fact and its legal qualification. On such occasion you will be asked if appropriate in his view, the dictation of pre-trial detention. The defence will formulate their oppositions in oral form in the terms of article 246. The judge shall decide in accordance with article 247 and at the same time decide on remand order. You can defer reading fundamentals until a period of three (3) days. Appeals that have occurred since the beginning of the process until the conclusion of this hearing, will be elevated to the appeal jointly in this Act, with the exception of those schemes linked to the liberty of the accused.

https://www.boletinoficial.gob.ar/pdf/linkQR/YzZRRDEyZVNJY2RycmZ0RFhoUThyQT09 article 14. -Merge as article 292 sexies of the procedural code of the criminal of the nation, law 27.063, the following: article 292 sexies: from the Desde la audiencia audience oral act until the closing hearing initial inclusive, the parties may, under penalty of forfeiture, request the judge the suspension of judgment-proof, or the realization of an abbreviated trial agreement. In such cases if mediate conformity of the Prosecutor and the defence, the judge shall be given a pronouncement on the matter immediately being able to give to know the foundations within three (3) days. If any complainant, prior to the adoption of any of these decisions, will require its opinion, which will not be binding. They must also be inserted into this opportunity, requests for invalidity and exceptions that are considered relevant, that they will be resolved in the same hearing.
ARTICLE 15. -Merge as article 292 septies of the procedural code of the criminal of the nation, law 27.063, the following: article 292 septies: Constitution of the Tribunal. Offering proof. Audience. Fixing of date for debate. Within a term not more than forty-eight (48) hours of received the case on the organ of debate, will be notified to parties the establishment of the tribunal and at the same time will quote them a hearing within a period which may not exceed five (5) days to provide proof for the debate. At the hearing it will be addressed on the provenance of the same. If the accused was in pre-trial detention, it will debate on the need for its entry into force. In addition they may introduce the annulments and exceptions that have not been raised previously. Resolved issues orally, the Court shall set the date of debate within a period which shall not exceed twenty (20) days from the filing. In all cases subject to the procedure for cases of flagrante delicto which penalty is less than fifteen (15) years, a single judge will be judging.

ARTICLE 16. With respect to performance and results obtained in the application of the procedure laid down in this law shaped half-yearly to the National Chamber of Penal Cassation and to the Federal Chamber of Penal Cassation and annually to the commissions of Justice of the Honorable Chamber of Deputies and the Senate Hon.-inform.
ARTICLE 17. -Items 1 ° to 8 °, and 16 of this law shall enter into force with the publication of the present. The articles 9 ° to 15 will enter in force starting from the implementation of the law 27.063.
ARTICLE 18. -Communicate to the national executive power.
GIVEN IN THE CHAMBER OF THE CONGRESO ARGENTINO, BUENOS AIRES, SEVEN DAYS OF THE MONTH OF SEPTEMBER IN THE YEAR TWO THOUSAND SIXTEEN.
-REGISTERED UNDER NO. 27272 - MARTA G. MICHETTI. -EMILIO MONZO. -Eugenio Inchausti. -John p. Tunessi.
Buenos Aires, 3 November 2016 by virtue of the prescribed in article 80 of the Constitution, I certify that the law Nº 27.272 (IF - 2016-02146291-APN-SLYT) sanctioned by the HONORABLE Congress of the nation the 7 September 2016, has been enacted in fact of September 30, 2016.
https://www.boletinoficial.gob.ar/pdf/linkQR/YzZRRDEyZVNJY2RycmZ0RFhoUThyQT09 given for publication to the National Directorate of the official record, rotate copy to the Honourable Congress of the nation, and for his knowledge and other effects, please refer to the Ministry of security and the human rights and Justice Ministry. Fulfilled, archived. -Paul Clusellas.

Date of publication: 01/12/2016 https://www.boletinoficial.gob.ar/pdf/linkQR/YzZRRDEyZVNJY2RycmZ0RFhoUThyQT09