Modifies Provisions Of Law Naº18.314, That Determines Terrorist Behavior And Fixed His Penalty


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"(Artículo 1º.-Introdúcense en la Ley Nº 18.314, que determina conductas terroristas y fija su penalidad, las siguientes modificaciones: 1) replaced the article 1st by the following:" article 1.-shall constitute terrorist offences listed in article 2, when the fact is committed with the aim of producing fear of becoming a victim of offences of the same kind in the population or a part of it "" is by nature and effects of the means employed, either by evidence that obeys a plan premeditated harm against a category or specific group of people, because he is committed to boot or inhibit resolutions of authority or impose requirements. "."
((2) Efectuanse the following article 2 amendments: to) replacing, in the heading, the phrase "they fulfil some of the characteristics indicated in the previous article" by "fulfilled the provisions of the preceding article".
(b) replace paragraph 1 with the following: "1.-those of sanctioned murder in article 391;" of injury laid down in articles 395, 396, 397 and 398; the kidnapping and abduction of children punished in the articles 141 and 142; those of sending letters or explosive charges of article 403 bis; fire ravages, described in articles 474, 475, 476 and 480, and offences against public health in Articles 313 d), 315 and 316 of the criminal code. Likewise, from derailment referred to in articles 105, 106, 107 and 108 of the General railway law. "."
(c) replace paragraph 4 with the following: "4.-post, send, activate, shed, detonate or fire bombs or explosive or incendiary devices of any type, weapons or tricks of great destructive power or effects toxic, corrosive or infectious.".
(d) delete the final clause.
((3) amended article 3 in the following manner: to) delete, in the first paragraph, the conjunction "or" that follows after the phrase "Criminal code"; be inserted after the figure "12.927" the phrase "or in the General Railways Act", and add the following final sentence: "However, in the case of the numerals 1 ° and 2 ° of article 476 of the Penal Code, the penalty will increase by one or two degrees, and in the case of the numeral 3rd article 476, shall apply the sanctions provided for in that provision , with the exception of the presidio in its minimum penalty. "."
(b) replace, in the second paragraph, the second sentence by the following: "If you or she causes the death or serious injury of any of the crew or passengers of any of the mentioned means of transport in this number, will be imposed the penalty of imprisonment increased to their maximum extent to qualified perpetual prison.".
(4) delete the second paragraph of the article 3 bis.
(5) replace article 7 th by the following: "article 7.-attempts to commit any of the offences referred to in this law shall be punished with the penalty assigned to the respective illicit, reduced in one or two degrees. The conspiracy to commit any of those offences shall be punished with the penalty designated by law to the offence reduced to two degrees. As set out in this subparagraph is without prejudice to the provisions in article 3 bis.
The serious and credible threat of committing any of the offences referred to in this law shall be punished with penalties of attempted the respective crime, without making increases referred to in article 3 ° degrees. The above will not take place if the fact citizen greater penalty according to Article 296 of the criminal code. "."
(6) replaced in article 8 the phrase "in its minimum degree to environment" by "in her middle-grade to higher in their minimum prison".
(7) added as article 9, new, the following: "article 9.-will be exempt from criminal liability who desist from attempts to commit some of the offences envisaged in this law, provided that reveal the authority his plan and the circumstances thereof."
In cases of conspiracy or attempt involving two or more persons as authors, inducing or accomplices, will be exempt from criminal liability who will desist fulfilling the requirement provided for in the preceding paragraph, provided that their conduct has managed to effectively prevent the consummation of the fact, or if the Authority achieved the same purpose as a result of any information or data disclosed by who has withdrawn. Produce the consummation of the crime, will be at the article 4th. "."
(8) Agreganse, in the final paragraph of article 18, the following final sentences: "the Ombudsman may address to the witness or expert protected interrogations aimed to establish its credibility or accreditation and establishing the facts on which deposes, provided that such questions do not involve a risk of revealing his identity. As set out in this subsection applies who is in the case of the article 9º. "."