CODE OF CRIMINAL PROCEDURE THEMATIC INDEXBOOK I - GENERAL PROVISIONSTitle I basic guarantees, interpretation and application of the act arts. 1 To 4 Title II actions that are born of crime arts. 5 To 17 Title III The judge arts.18 to 64 Title IV Parties, advocates, and rights of witnesses and victims arts. 65 To 113 Title V Procedural Acts arts. 114 To 173BOOK II - INSTRUCTIONTitle I initial Acts arts. 174 To 192 Title II Arts. 193 To 215 Title III media arts test. 216 To 278 Title IV Situation of the accused arts. 279 To 333 Title V Dismissal arts. 334 To 338 Title VI Exceptions arts. 339 To 345 Title VII of the closing statement and trial arts. 346 To 353 arts. BIS 353 to 353 Title IX summary investigation terBOOK III - TRIALSTitle I View common Arts. 354 To 404 Title II trials special arts. 405 To 431bisBOOK IV - RESOURCESCap. I general provisions arts. 432 To 445 Cap. II Resource of refitting arts. 446 To 448 Cap. III appeal arts. 449 To 455 Cap. IV Appeal arts. 456 To 473 Cap. V recourse of unconstitutionality arts. 474 To 475 Cap. VI complaint arts. 476 To 478 Cap. VII appeal for review articles. 479 To 489BOOK V - EXECUTIONTitle I General Provisions arts. 490 To 492 Title II penal execution arts. 493 To 515 Title III civil execution Arts. 516 To 528 Title IV Coasts arts. 529 535Arts. 536 To 539 transitional provisions ERRATA - published in the B. O. on 29/11/91, p. 2-

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Code of Criminal ProcedureLaw No. 23,984View Normative Backgroundsanctioned: August 21 1991Promulgated: 4 September 1991,the Senate and Chamber of Deputies of the Argentine Nation in Congress assembled, etc. punishable by force of law:Article 1. - It will be noted as a law of the Nation the Code of Criminal Procedure, which is added as an annex and is an integral part of the present.ARTICLE 2. - Please contact the Executive Branch. - ALBERTO R. PIERRI. - EDUARDO MENEM. - Esther H. Pereyra Arandia Perez Pardo. - Hugo R. Flombaum.GIVEN IN THE SESSION HALL OF THE ARGENTINE CONGRESS IN BUENOS AIRES, ON THE TWENTY-FIRST DAY OF THE MONTH OF AUGUST OF THE YEAR ONE THOUSAND NINE HUNDRED AND NINETY-ONE

CODE OF CRIMINAL PROCEDUREBOOK IGeneral ProvisionsTITLE Ibasic guarantees, interpretation and application of the lawjudge natural, pre-trial. Presumption of innocence. "Non bis in idem".Article 1 - No one shall be tried by judges other than those designated in accordance with the Constitution and competent according to their laws, nor punished without previous trial based on the law in force before the fact of the process and not substantiated in accordance with the provisions of this act, nor be deemed guilty until a final judgment may not distort the presumption of innocence that all accused enjoys, or criminally prosecuted more than once for the same fact.Restrictive Interpretation and analogArt. 2° - Any legal provision which restricts personal freedom, which limit the exercise of a right granted by this Code, or which establishes procedural penalties shall be interpreted restrictively. Criminal laws may not be applied by analogy."In dubio pro reo"Art. 3° - In case of doubt must the interpretation that is more favorable to the accused.2

RulesArt practices. 4° - The competent tribunals, in plenary agreement practices dictate the rules that are necessary to implement this code, without altering its scope and spirit.TITLE IIactions that are born of crimeCHAPTER Icriminal actionpublicArt Action. 5° - a public criminal action shall be exercised by the public prosecutor, which shall ex officio always that does not depend on private instance. Its exercise may not be suspended, terminated or made Caesar, except in the cases expressly provided for by law.Action instance dependent privateArt. 6° - the criminal action dependent on private instance may not be exercised if the persons authorized by the Criminal Code do not complaint with the competent authority.PrivateArt Action. 7° - private action is exercised by means of a complaint, in a special shape that this code sets.Obstacles to the exercise of the

Art criminal action. 8° - If the exercise of criminal action depends upon political judgment, desafuero or prosecution prior, we shall observe the limits set by this Code in articles 189 and following.Rule of not prejudicialnessArt. 9° - The courts must resolve all the issues that arise in the process, except the preliminary ruling.Preliminary QuestionsArt. 10. - When the existence of the offense depends on a preliminary question established by law, the exercise of the criminal action shall be suspended even ex officio, until in the other jurisdiction rests on her final judgment.

Art appreciation. 11. - Notwithstanding the provisions of the preceding article, the courts may determine whether the ruling would be invoked is founded and plausible, and in the event that appears opposite with the exclusive purpose of dilating the process, be sorted that this continue.

Art 3 trial. 12. - The trial of another jurisdiction may be promoted and pursued by the public prosecutor, with citation of the interested parties.Freedom of the accused. Urgent ActionArt. 13. - Resolved the suspension of the process may order the release of the accused, without prejudice to urgent carried out the acts of the instruction.CHAPTER IIcivil actionExerciseArticle. 14. - The civil action for the restitution of the thing obtained by means of crime and the civil suit claim may be exercised only by the holder of that, or their heirs, in relation to their hereditary share, legal representatives or agents, against the interests of the participants in the crime and, in his case, against the civilly liable, before the same court that promoted the criminal action.Cases in which the Nation is affectedArt. 15. - The civil action shall be exercised by representatives of the Corps of Lawyers of the State when the State national could be harmed by the crime.

Art Opportunity. 16. - The civil action may only be exercised in the process while it is pending the criminal action.The acquittal of the accused does not prevent the criminal court rule on the civil action, in the judgment.LaterArt exercise. 17. - If the criminal action could not proceed under legal cause, the civil action may be exercised in the civil courts.

TITLE IIIThe judgeCHAPTER IJurisdictionNature and extension4

Art. 18. - The criminal jurisdiction is exercised by the judges and courts that the National Constitution and the law institute, and will be extended to all of the offenses committed in its territory, or on the high seas aboard national vessels, when they arrive at a port in the capital, or on board an aircraft in the airspace and offenses committed abroad when its effects occur in our country or whatever they may be executed by agents or employees of the Argentine authorities in the performance of his duties. It is extendable and extends to the knowledge of the breaches in the same jurisdiction. (Paragraph replaced by art. 20 Of Annex I of the Act No. 26,394 B. O. 29/8/2008. Duration: will begin to govern to the six (6) months of its promulgation. During this period will be carried out in the relevant areas a training and outreach program on its content and application)The same principle shall apply to offenses and violations on which appropriate federal jurisdiction, regardless of the seat of the court.Special jurisdictions. Priority of trialArticle. 19. - If a person has been accused of committing a crime of national jurisdiction and another under federal jurisdiction, will be tried first in the federal jurisdiction. The same shall apply in the case of related offenses. (Paragraph replaced by art. 21 Of Annex I of the Act No. 26,394 B. O.29/8/2008. Duration: will begin to govern to the six (6) months of its promulgation. During this period will be carried out in the relevant areas a training and outreach program on its content and application)Without prejudice to the foregoing, the process of national jurisdiction may be heard simultaneously with the other, provided that this does not hinder the exercise of their respective jurisdictions to the defense of the accused.Common jurisdictions. Priority of trialArticle. 20. - If a person has been accused of committing a crime of national jurisdiction and another of provincial jurisdiction, shall be tried first in the Federal Capital Territory or national, if the offense charged in them is of greater severity, or still is equal to, or that has been committed previously.The same shall apply in the case of related offenses. But the court, if he deems it appropriate, it may suspend the proceedings or defer their decision until after that decide the other jurisdiction.Unification ofArt penalties. 21. - When a person is convicted in various jurisdictions and unify the appropriate penalties, in accordance with the provisions of the substantive law, the

court will request or send copies of the judgment, based on the penalty has been issued more or less.CHAPTER IICompetitionSection FirstCompetition on the basis of subject matterjurisdiction of the Supreme Court of Justice of the NationArticle. 22. - The Supreme Court of Justice of the Nation knows in the cases and forms established by the National Constitution and existing laws.5

Competition of the National Chamber of Cassation in Criminal and Correctional Matters of the Federal CapitalArt. 23. - The Appeals Court judges of the appeals of unconstitutionality, cassation and revision.(Article replaced by art. 22 Of Annex I of the Act No. 26,394 B. O. 29/8/2008. Duration:will begin to govern to the six (6) months of its promulgation. During this period will be carried out in the relevant areas a training and outreach program on its content and application)competition from the Chamber of AppealsArticle. 24. - The Chamber of Appeals you will learn about:1 ° ;) appeals against decisions of the judges of instruction, juvenile correctional facility and implementation, where appropriate, in the cases of the suspension of the process to the test.2 °) of the resources of complaint by request delayed or denied by the judges themselves.3 °) of the competition issues that arise between them. (Replaced by art. 88 Of Law No. 24,121 B. O. 8/9/ 1992)Jurisdiction of the courts in criminalArt. 25. - The courts in criminal judge in a single instance of the offenses whose competence is not attributed to another court.Jurisdiction of the investigating judgeArt. 26. - The investigating judge investigates crimes of public action of criminal jurisdiction, except in the circumstances in which the prosecutor exercise the power conferred upon it under article 196.Jurisdiction of the correctional judgeArt. 27. - The correctional judge will investigate and prosecute in a single instance:1) In offenses punishable with non-custodial punishment, of its competition.2) In offenses punishable with imprisonment for a maximum of three (3) years.3) In degree of appeal in the resolutions on police misconduct or breaches and complaint by denial of this resource.

The juvenile courtArt. 28. - The juvenile court judge in single instance in the crimes committed by minors who have not attained eighteen (18) years of age at the time of the commission of the fact, although we would have6

exceeded the age at the time of the trial, and that are repressed with a term of imprisonment of more than three (3) years.Jurisdiction of the juvenile court judgeArt. 29. - The juvenile court judge you know:1) in the investigation of the crimes of public action committed by minors who have not attained eighteen (18) years of age at the time of the commission of the fact.2) In the trial by a single instance in the crimes and misdemeanours committed by minors who have not attained eighteen (18) years of age at the time of the commission of the act and that are repressed with non-custodial punishment or deprivation of liberty does not exceed three (3) years.3) In the cases of simple misconduct, neglect material or moral danger to minors who have not attained eighteen (18) years of age at the time of be found in such a situation, in accordance with the special laws.Competence of the execution judgeArt. 30. - The Enforcement Court will hear the matters set forth in book V of the Code of Criminal Procedure.Jurisdiction of the Federal Chamber of Criminal CassationArticle 30 bis. - The Federal Court of Criminal Appeals judges of the appeals of unconstitutionality, cassation and review filed against the judgment and decisions of the Oral Proceedings Courts in the Federal Criminal with seat in the Federal Capital, and in the provinces, the National Chamber of Appeals for Criminal and Correctional Matters of the Federal Capital and the federal courts of appeals with seat in the provinces, national judges in criminal and correctional matters of the Federal Capital and federal judges of first instance with seat in the provinces and oral courts and National Chamber of Criminal Appeals economic, respectively. Has territorial jurisdiction throughout the Republic considered to this effect as a single judicial jurisdiction. It also believes in the cases provided for in article 72 bis of the Law 24,121 .(Article incorporated by art. 3° Of the Law No. 26,371 , B. O. 30/5/2008. Effect: see article 14, implementation of the reference standard)competition from the Federal Chamber of AppealsArticle. 31. - The Federal Court of Appeal will hear without prejudice to the provisions of special laws: (1) of the inferred resources against the decisions of federal judges.2) Of the resources of complaint by justice delayed or denied by the same.

3) The issues of competition between the federal courts for criminal and federal judges of their territorial jurisdiction between federal judges and their territorial jurisdiction and other territorial responsibilities.The Federal Court Criminal7

Art. 32. - The Federal Court criminal judge:1 °) in a single instance of the offenses whose competence is not attributed to another court.2 °) in a single instance of the offenses set forth in article 210 bis and in title X of the book II of the Criminal Code.Competence of the federal judgeArt. 33. - The federal judge you know:1 °) in the instruction of the following crimes: (a) The committed on the high seas, on board of ships by pirates or national, citizens or foreign nationals;(b) The tasks in the waters, islands, or Argentine ports;(c) The committed in the territory of the capital or in the provinces, in violation of national laws, as are all those who offend the sovereignty and security of the Nation, or tends to the evasion of their income or obstruct and corrupt the good service of its employees, or otherwise disrupt or disturb or distorts the correspondence of the e-mails, or hamper or distorts the national elections, or represent national falsification of documents, or in national currency or Of banknotes of banks authorized by the Congress; (d) of the entire species that are committed in places or facilities where the national government has absolute and exclusive jurisdiction, with the exception of those who by this law are subject to the ordinary jurisdiction of the investigating magistrates of the Capitale) Those provided for in Articles 142a, 145 bis, 145 b, 149 b, 170, 189 bis (1), (3) and (5), 212 and 213 bis of the Penal Code. (Replaced by art. 13 Of Act No. 26,364 , B. O.30/4/ 2008)2 °) in the trial in single instance of those offenses mentioned in the previous paragraph that are repressed with non-custodial punishment or deprivation of liberty does not exceed three (3) years.Sectionof the Second DeterminationDeterminationArt competition. 34. - To determine the competition will be taken into account the penalty established by law for an offense and the aggravating circumstances of rating, but not the accumulation of penalties by contest crimes in the same competition.When the law punishes the crime with several types of punishment, will take into account the qualitatively more serious.

Declaration of incompetenceArt. 35. - The incompetence by reason of the substance shall be declared even ex officio in any state of the process.8

The court shall declare the proceedings to the consider competent, putting at your disposal any detainees.However, set the hearing for discussion without to have raised the exception, the court will judge the crimes of lower competition.NullityArt by incompetence. 36. - Failure to comply with the rules for determining the scope of the subject-matter jurisdiction will produce the nullity of the acts, except those who may not be repeated, except in the case that a court of higher authority has acted in a cause assigned to another lower competition.Third Sectionterritorial jurisdictiongeneral rulesArticle. 37. - Shall have jurisdiction the court of the judicial district where the crime was committed.In the case of a continuing offense or permanent, it will be to the judicial district in which stopped the continuation or permanence.In case of an attempt, it will be to the judicial district where marked the last act of implementation.Residual RuleArticle. 38. - If it is ignored or doubt in that constituency was committed the offense, the court shall be competent to prevent in the cause.Declaration of incompetenceArt. 39. - In any state of the process, the court should recognize their territorial incompetence should refer the case to the competent, putting at your disposal any detainees, without prejudice to perform acts of urgent instruction.Effects of the declaration of incompetenceArt. 40. - The declaration of incompetence not territorial will produce the nullity of the acts of instruction already completed.Fourth Sectioncompetition by connectionCases ofArt connection. 41. - The causes will be related in the following cases if:9

1 °) The alleged crimes have been committed by multiple people simultaneously gathered; or even if you are in a different time or place, when any mediated agreement between them.2 °) a crime has been committed to carry out or facilitate the commission of another, or to seek the author or another person their benefit or impunity.3 °) If a person imputaren several offenses.

Art connection rules. 42. - When they have been substantiated related cases for crimes of public action and national jurisdiction, those will be accumulated and will be competent court:1 °) That to whom it may concern the most serious offense.2 °) If the offenses are subject to the same punishment, the competent to judge the first crime committed.3 °) If the offenses were simultaneous, or without any indication as duly which committed first, which has proceeded to the detention of the accused, or, in his absence, the prevented.4 °) If they could not apply these rules, the court must resolve the issues of competition will take into account the best and most prompt administration of justice.The accumulation of causes do not preclude that can be processed separately the various preliminary proceeding.Exception to the rules ofArt connection. 43. - Shall not the accumulation of causes when you determine a serious delay for some of them, although in all processes should intervene only one court, in accordance with the rules of the preceding article.If you correspond unify the penalties, the court will make the ruling of the last judgment.CHAPTER IIIcourts RelationsSection firstissues of jurisdiction andcompetent CourtArt. 44. - If two courts are declared simultaneously and contradictorily competent or incompetent to try an offense, the conflict will be resolved by the Court of Appeals more than the judge warned.

Art 10 Promotion. 45. - The office of the attorney general and other parties may promote the issue of competence, by inhibitory to the court that they consider competent or by pleas before the court to consider incompetent.

The opting for one of these means may not leave and resort to another, or use it simultaneously or successively.To raise the issue, the appellant shall express, under penalty of inadmissibility, that has not used the other half, and if it does not prove the contrary will be sentenced in coasts, but that will be resolved in his favor or abandoned.If you have used the two media and come to contradictory decisions, will prevail which has been rendered first.

Art Opportunity. 46. - The question of competence may be promoted in any state in the instruction, and even before you set the hearing for discussion, without prejudice to the provisions of articles 36, 39 and 376.Procedure of the inhibitoryArt. 47. - When promoting the deferral shall be observed the following rules:1 °) The court before whom he proposes will resolve within the third day, after hearing the public prosecutor's office, in your case, for the same term.2 °) When denied the injunction of inhibition, the resolution shall be appealable to the Court of Appeals.3 °) is resolved when inhibitory rid ex officio, with the accompany the parts necessary for forming the competition.4 °) The Court required, when you receive the inhibitory ex officio, be resolved after hearing by three (3) days to the public prosecutor and to the other parties; when you place the inhibitory, its resolution may be appealed. If the resolution declares his incompetence, the cars will be forwarded promptly to the court that the proposed, by making available to the accused and to the elements of belief that any.5 °) If it refuses the inhibition, the order shall be sent to the court that any proposed, in the manner provided for in paragraph 4, and you will be prompted to answer if it recognizes the competence or otherwise, to submit the record to the Court of Appeals.6 °) received the ex officio expressed in the preceding paragraph, the court suggested that the inhibitory will resolve in the term of three (3) days without further formality, if he claims or not its competition; in the first case the information shall be sent to the Chamber of Appeals and will notify the court required to do the same with the file; in the second, it shall inform the competent, enclosing everything acted.11

7 °) The conflict will be resolved within three (3) days, after vista for the same term to the prosecutor's office, referring immediately the cause to the competent court.Procedure of the pleasArt. 48. - The plea hearings in the manner prescribed for the exceptions and special pronouncement prior.

Art effects. 49. - The issues of competition does not suspend the instruction, which will be continued: (a) by the court which first heard the cause;(b) If two courts have taken knowledge of the cause on the same date, by the required for inhibition.The questions proposed prior to the fixing of the audience for the debate shall suspend the process until the decision of the incident, without prejudice to the fact that the court may order the supplementary instruction provided for by article 357.Validity of acts practicedArt. 50. - The acts of instruction practiced until the decision of the competition shall be valid, with the exception of the provisions in article 36, but the court who correspond to the process he may order their ratification or enlargement.Issues of jurisdiction(art. 51. - The issues of jurisdiction between national courts, federal or provincial will be resolved in accordance with previously for the competition.(Article replaced by art. 23 Of Annex I of the Act No. 26,394 B. O. 29/8/2008. Duration:will begin to govern to the six (6) months of its promulgation. During this period will be carried out in the relevant areas a training and outreach program on its content and application)Section SecondExtraditionrequested extradition to judges in the countryArt. 52. - The courts requested the extradition of defendants or convicts who are staying in a different jurisdiction, accompanying the called copy of the warrant of arrest, indictment and trial detention or with the judgment, and in any case, the necessary documents to verify the identity of the required.Extradition to other judgesArt. 53. - If the accused or convicted person will be in foreign territory, the extradition will be handled through diplomatic channels and under existing international treaties or the principle of reciprocity.12

Extradition requested by other judgesArt. 54. - The extradition requests made by other courts will be completed immediately, upon view of twenty-four (24) hours to the public prosecutor's office, provided that they meet the requirements of article 52.If the accused or convicted person is arrested, verified their identity, shall be allowed to personally or through the ombudsman clarify the facts and the evidence indicates that it believes can be useful, after which, if the request for extradition was coming from, must be released without delay at the disposal of the requesting court.CHAPTER IV

inhibition andinhibition of disqualification reasonsArticle. 55. - The judge must recuse themselves to get to know the cause when there is one of the following reasons: (1 °) If he had spoken in the same process as a member of the staff of the Public Prosecutor, defense counsel, petitioner, or complainant civil actor, or acted as expert or known the fact as a witness, or if in other judicial or administrative proceedings acted professionally in favor or against any of the parties involved. (Replaced by art. 88 Of Law No. 24,121 B. O. 8/9/ 1992),2 °) If as judge has spoken, or involved in the cause some relative within the fourth degree of consanguinity or affinity second.3 °) If it is relative, in grades preindicados, with some concerned.4 °) If he or any one of these relatives interested parties in the process.5 °) If he is or has been a tutor or curator, or any state under guardianship of any of the stakeholders.6 °) If he or his relatives, within the degrees preindicados possesses outstanding trial started before, or society or community with any of the interested, except the company.7 °) If he, his spouse, children or parents, or other people who live in their charge, they are creditors, debtors or guards of any of the interested parties, except that the case of official banks or constituted, in the form of corporations.8 °) If before you begin the process has been accuser or complainant in any of the interested, or accused or denounced by them.9 °) If before you begin the process any of the interested him promoted political judgment.10) If any given councils or expressed extrajudicially executed his opinion on the process to any of the stakeholders.13

11) if he is intimate friendship, or manifest enmity with any of the stakeholders.12) If he, his spouse, children or parents, or other people who live in their charge, they received or received benefits of importance of any of the interested; or if after we began the process, he has been present or handouts, although they are of little value.InterestedArt. 56. - For the purposes of the preceding article, shall be deemed interested the defendant, the victim or survivor, and the defendant civilly, although the latter do not constitute part.Processing of the inhibitionArt. 57. - The judge that inhibit shall forward the cause, founded by decree, which need to be replaced; this will continue your course immediately, without prejudice to raise relevant background information to the appropriate court, if it considers that the inhibition has no merit. The court will resolve the incident without processing.

When the judge recuse himself is part of a collegiate court, you're asked to support the inhibition.

Art Challenge. 58. - The parties, their advocates or agents, may challenge the judge only when there is one of the reasons listed in article 55.

Art Form. 59. - The challenge shall be filed, under penalty of inadmissibility, in writing stating the reasons on which it is based and the evidence, if any.

Art Opportunity. 60. - The disqualification may only be filed, under penalty of inadmissibility, the following opportunities: during the preliminary examination, prior to its closing; in the trial, during the term of citation; and where resources are, in the first writing that is present, or during the period for filing accessions.However, in the case of causal or supervening of further integration of the tribunal, the objection may be filed within forty-eight (48) hours of produced or be notified that, respectively.(Article replaced by art. 1 Of the Act No. 26,374 , B. O. 30/5/2008. Validity: ninety (90) days of its publication in the Official Gazette)processing andArt competition. 61. - If the judge allows the disqualification shall be in accordance with the provisions of article 57. Otherwise, it shall be the writing of disqualification with his report to the competent court, after hearing to receive the test and inform the parties, will resolve the incident within forty-eight (48) hours without any recourse.Disqualification of judges14

Art. 62. - If the judge is disqualified and not the causal answer, clearly uncertain the facts alleged, will continue the investigation even during the processing of the incident; but if it is the challenge, the acts will be declared null always requested that the objector in the first opportunity that taketh knowledge of them.Disqualification of assistants and secretariesArt. 63. - The assistants and secretaries should be inhibited and may be disqualified for the reasons expressed in the article 55 and the court before which act you'll find the fact and summarily resolved as appropriate, without any recourse.

Art effects. 64. - Produced the inhibition or accepted the challenge, the judge disqualified inhibited or not be able to perform the process in any event, under pain of nullity. Although subsequently disappear the reasons behind those, the intervention of the new judges will be final.TITLE IVParties, advocates, and rights of witnesses and victimsCHAPTER I

The prosecutor

Art function. 65. - The public prosecutor's office will promote and shall exercise the criminal action in the manner established by law.Powers of the prosecutor of cameraArt. 66. - In addition to the general functions, agreed upon by the law, the prosecutor of the chamber will act before the cameras of cassation, appeals and federal, in the form provided for by the organic law of the public ministry.Powers of the prosecutor of the court of trialArticle. 67. - In addition to the general tasks agreed upon by the law, the prosecutor of the court of trial will act during the trial before the relevant court, and you can call the fiscal agent that it had intervened in the instruction in the following cases:1 °) in the case of a complex issue, to provide information or assist with, including during the debate.2 °) when he is in fundamental disagreement with the application by the prosecutor, or whatever is impossible to take action, to maintain orally the indictment.3 °) when in accordance with article 196, the research or the crimes in question has been entrusted to the fiscal agent.Powers of the fiscal agent15

Art. 68. - The fiscal agent shall act, in your case, before the examining magistrates and correctional, will fulfill the role attributed to them by the previous article and will collaborate with the prosecutor of the court of trial when it is required. In the cases in which under the provisions of article 196 the direction of the investigation of crimes of public action should be undertaken by the fiscal agent, you will need to adjust their behavior to the rules set out in Title II of book II of this Code.Form of performanceart. 69. - The representatives of the public prosecutor's office will be formulated, motivated and specifically, their requirements and conclusions; never may be referred to the decisions of the judge; they shall orally in the discussions and in writing in the other cases.Coercive PowerArticle. 70. - In the exercise of their functions, the public prosecutor shall have such powers agreed to the court by article 120.Inhibition and disqualificationArt. 71. - The members of the public prosecutor must recuse themselves and may be disqualified for the same reasons set with respect to the judges, with the exception of those provided for in the first part of paragraph 8 and in the 10 Article 55.The recusal, the same as the issues of inhibition, shall be resolved at trial and summary by the judge or court before which acts the official disqualified.CHAPTER IIThe accused

Art quality of the accused. 72. - The rights that this Code agrees to the accused may be invoked, until the completion of the process, any person who is detained or in any way indicated as having participated in an offense. When he is in custody, the accused or his relatives may make their requests by any means to the official in charge of the custody, who will immediately communicate to the appropriate judicial body.Right of the accusedArt. 73. - The person who has been accused of committing a crime that is currently being investigated is entitled, even if he has not been ascertained, to be submitted to the court, personally with his counsel, to clarify the facts and indicating the evidence, in his opinion, may be useful.

Art Identification. 74. - The identification will be practiced by the general of the accused, their fingerprints and distinguishing marks, by means of the respective technical office, and when it is not possible because the accused refuses to give his generals or falsely, he or she shall be identified by witnesses, in the manner prescribed for the recce by articles 270 and following, and by the other means deemed appropriate.

Art 16 physical identity. 75. - When it is certain the physical identity of the accused, the doubts over the data provided and obtained does not alter the course of the cause, without prejudice to that would be corrected in any state in the same or during execution.DisabilityArt. 76. - If you are word presumptuously that the accused, at the time of committing the assault, suffered from mental illness that it was criminally liable, will be available temporarily its placement in a special property, if their condition is Tornare dangerous for themselves or for the third.In this case, their rights shall be exercised by the curator, or if it has not already, by the public defender, without prejudice to the intervention to the defenders already appointed.If the accused is less than eighteen (18) years their rights may be exercised also by their parents or guardian.Supervening IncapacityArt. 77. - If the process occurs during the mental incapacity of the accused, the court shall suspend the processing of the cause and, if their condition is Tornare dangerous for themselves or for the third, it shall order the placement of that in a suitable establishment, whose director will report quarterly on the status of the patient.

The suspension of proceedings in the process prevent the deposition or trial, according to the time that is ordered, without prejudice to determine the fact or continue that against the other defendants.Mandatory mentalArt Review. 78. - The person charged shall be subjected to mental examination, provided that the offense is assigned is punishable with imprisonment of not less than ten (10) years in prison, or when is a deaf mute, or less than eighteen (18) years or more of seventy (70), or if it is probable the implementation of a security measure.CHAPTER IIIRights of the victim and the witnessArt. 79. - Since the start of a criminal process until its completion, the State shall guarantee to the national victims of crime, and the witnesses summoned to the cause by a judicial body the full respect of the following rights: (a) to receive a decent treatment and respectful on the part of the competent authorities;(b) the suffrage of the costs of moving to the place where the competent authority designate;(c) to the protection of the physical and moral integrity, including his family; (d) to be informed of the outcome of the proceedings in which he participated;17

e) when I will try to person more than seventy (70) years, pregnant women or seriously ill to comply with the act procedural In his place of residence; this circumstance shall be communicated to the competent authority in advance.Art. 80. - Without prejudice to the provisions set forth in the preceding article, the victim of the offense shall have the right:a) to be informed by the office concerned about the powers that you can exercise in the criminal process, especially to establish themselves as plaintiff or plaintiff have quality;(b) to be informed about the status of the cause and the situation of the accused;c) When is a minor or legally incapable, the judicial body may authorize that during the procedural acts in which intervention is accompanied by a person in his confidence, provided that this does not put in danger the interest of obtaining the truth of what happened.Art. 81. - The rights recognized in this chapter shall be set forth by the competent judicial body, the time to practice the first citation of the victim or witness.CHAPTER IVThe plaintiffRight to complaintArt. 82. - Any person with civil capacity particularly offended by a offense of public action shall have the right to become involved in the litigation and as such take the

process forward, provide elements of conviction, argue about them and draw with the reach that this Code is established.In the case of an incompetent, acted in the his legal representative.In the case of a criminal offense, whose result is the death of the victim, may exercise this right, the surviving spouse, their parents, their children, or his last legal representative.If the plaintiff is constituted at the same time in civil actor, may as well do it in a single act, noting the requirements for both institutes.Art. 82 Bis. - Collective Interests. The associations or foundations, registered in accordance with the law, may be established as plaintiff in processes that investigate crimes against humanity or serious violations of human rights provided that its statutory object linked directly with the defense of the rights that are deemed to be injured.Shall not preclude the exercise of this power the constitution in plaintiff of those persons referred to in article 82.(Article incorporated by art. 1 Of the Act No. 26,550 B. O. 27/11/ 2009)form and content of theArt presentation. 83. - The form and content of the presentation. The pretension to become plaintiff shall be made in writing, in person or by proxy special that will add the power, with legal assistance. It should be recorded under penalty of inadmissibility:18

1 °) First Name, Last name, or social reason, houses legal and actual of the complainant.2 º) concise statement of the fact that it is based.3 º) First Name, Last name and address of the or for the accused, if he knew.4 º) The accreditation of the extremes of personality that invokes, in his case. In the case of an association or foundation must accompany in addition faithful copy of the instruments evidencing its constitution in accordance with the law.5 º) Their request to be taken by complainant and signature.(Article replaced by art. 2° Of the Law No. 26,550 B. O. 27/11/ 2009)OpportunityArt. 84. - The constitution in plaintiff shall be governed by the provisions of article 90. Your order will be ruled by decree founded or auto in the term of three (3) days. The resolution shall be appealable.Unit of representation. Responsibility. DiscontinuanceArt. 85. - Will Be applicable articles 416, 419 and 420. No business shall be the unit of representation between individuals and associations or foundations, except request of the plaintiffs.(Article replaced by art. 3° Of the Law No. 26,550 B. O. 27/11/ 2009)

Art duty to testify. 86. - The involvement of a person as complainant does not exempt from the obligation to testify as a witness in the process.CHAPTER V -TheConstitution of civil actorArt part. 87. - To bring a civil action resulting from an offense in the criminal process, its owner must be lodged in civil actor.The people that do not have the ability to be in view, not be able to operate if they are not represented, authorised or assisted in the forms prescribed for the exercise of civil actions.DefendantsArt. 88. - The constitution of civil actor will proceed even when he is not identified the accused.If in the process there are several defendants charged and civilly, the action may be directed against one or more of them.19

But if it were against the latter site must be addressed, in addition, against the first.When the actor did not mention to any defendant, it is understood that is directed against all.

Art Form of the act. 89. - The constitution of the civil party may be made personally or by proxy, through a writing containing, under penalty of inadmissibility, the personal circumstances and the legal domicile of the plaintiff, to that process is referred and the underlying reasons action.Art. 90. - The constitution of civil party may take place in any state of the process until the closure of the instruction.This last opportunity, the constitution will be rejected without further proceedings, without prejudice to operate in the relevant headquarters.

Art Faculties. 91. - The civil actor will be in the process the intervention needed to prove the existence of the offense and the damages caused to him, and claim the precautionary measures and refunds, repairs and corresponding indemnities.NotificationArt. 92. - The civil constitution of the actor must be notified to the defendant and the defendant civilly and shall take effect as of the last notification. In the case of article 88, first part, the notification will take place as soon as the accused went unmentioned.DemandArt. 93. - The actor must specify its civil demand within three (3) days of being notified of the resolution referred to in article 346.

The demand shall be made in writing and with the formalities required in the Code of Criminal Procedure in Civil and Commercial Matters of the nation and shall be notified immediately to civilly liable defendant.DiscontinuanceArt. 94. - The actor may withdraw from the action in any state of the process, and you are obliged by the coasts that your intervention has caused.The discontinuance matter waiver of the civil action. It will be dismissed when not realized the demand in the opportunity set in article 93 or fails to appear at the debate or away from the audience without having formulated conclusions.Lack ofArt resources. 95. - The plaintiff lacks resources against the order of dismissal and the judgment of acquittal, without prejudice to the actions that they might rest in the civil courts.20

Art duty to testify. 96. - The involvement of a person as civil actor does not exempt from the duty to testify as a witness in the criminal process.CHAPTER VIThe civilly liable defendantCitationArticle. 97. - The people who, according to civil law will respond by the accused of the damage you cause the offense may be cited to intervene in the process, at the request of someone performing the action suit who, in his writing, would express the name and address of the respondent and the grounds on which he bases his action.Opportunity andart form. 98. - The decree ordering the subpoena, can easily be done in the opportunity set out in article 90, shall contain the name and address of the plaintiff and the above-mentioned, and the indication of the process and the term in which it should appear, which will be never less than five (5) days.The resolution shall be notified to the defendant.NullityArt. 99. - Will be null when the summons was infelicitous of omissions or errors that may harm the essential defense of civilly liable defendant, restricting solenoid the audience or test.The invalidity does not affect the progress of the process or to prevent the further exercise of the civil action before the respective jurisdiction.

Art expiration. 100. - The dismissal of the plaintiff will expire the intervention of the civilly liable defendant.Answer to the complaint. Exceptions. Counterclaim

Art. 101. - The civilly respondent shall answer the demand within six (6) days of being notified of the same. In the same period may make any objections and civil defense that it deems relevant and tell.The form shall be governed by the established in the Procedural Code in the Civil and Commercial Court of the Nation.ProcessingArt. 102. - The handling of exceptions and the counterclaim will be governed by the respective provisions of the Code of Criminal Procedure in Civil and Commercial Matters of the Nation.Time limits will be in all the cases of three (3) days.21

The resolution of the exceptions you can, however be deferred by the court for judgment by auto founded.Art. 103. - Even if they are pending resolution of the defenses and exceptions, the civil parties must offer its test, under penalty of expiration, in the period established by article 354.CHAPTER VIIdefenders and agentsright of the accusedArt. 104. - The accused has the right to be defended by counsel of the license plates of your confidence or by the public defender; he may also defend himself personally provided that does not impair the effectiveness of the defense and not obstruct the normal course of the proceedings. In this case the court will order him to choose a lawyer within the term of three (3) days, otherwise a lawyer ex officio the ombudsman official.In any case, the defendant may be represented by proxy. The appointment of the Ombudsman made by the accused be imported, unless expressly stated otherwise, the granting of mandate to represent them in the civil action.This mandate shall continue as long as it has not been revoked.The accused may designate a lawyer, even if he is being held incommunicado by any means.

Art Number of defenders. 105. - The accused shall not be defended simultaneously by more than two lawyers.When intervening two defenders, the notification to one of them will be worth with respect to both, and the replacement of one by the other does not alter paperwork and deadlines.MandatoryArt. 106. - The office of the ombudsman of the accused, once accepted, is mandatory. Acceptance will be compulsory for the lawyer of the license plate when you appoint to replace the ombudsman official. In both cases may be withheld from it by a plausible reason.

The Ombudsman shall have the right to examine the cars before accepting the post, except in the case of secrecy of the summary. Will Have three (3) days to do so, with the warning to have the appointment by not done.Defense counselArt. 107. - Without prejudice to the provisions of article 104 and the first opportunity, and in any case before the inquest, the judge shall invite the accused to designate ombudsman between the lawyers of the tuition.If the accused fails to do so until the time of declaration recibirsele inquest, the judge will appoint ex officio to the ombudsman official, except to authorize the accused to defend himself.

Art 22 Appointment later. 108. - The name of the public defender does not harm the defendant's right to choose subsequently another of his confidence; but the replacement will not be considered operated until the designated accept the charge and secure home.Article 109: Ombudsman commonArt. 109. - The defense of several defendants may be entrusted to a common ombudsman provided that there is no incompatibility. If it is warned, the court would provide, even ex officio, the necessary replacements, in accordance with article 107.Other human rights defenders andArt agents. 110. - The plaintiff and the defendant shall act civilly in the process personally or by proxy, but always with legal representation.ReplacementArt. 111. - Defenders of the accused may appoint substitutes to intervene if they have any legitimate impediment, with consent of the accused.In the event of abandonment of the defense, the attorney substituent will assume the duties of the ombudsman and will not be eligible for extension of time limits or hearings.AbandonmentArt. 112. - In any case, the defense lawyer of the accused may leave the defense and leave their customers without a lawyer. If it decides to do so, it will provide its immediate replacement by the public defender. Until then will be obliged to continue in the tenure of office and may not be appointed again in the same cause.When the left loses shortly before or during the debate, the new Ombudsman may request an extension of a maximum of three (3) days for the hearing. The debate may not become to suspend for the same reason, even when the court to grant the intervention of another particular defender, but this does not exclude the officer.The abandonment of the defenders or leaders of the civil parties does not suspend the process.

Art sanctions. 113. - The unjustified failure of the obligations on the part of the advocates or agents may be corrected by a fine of up to the equivalent of 20% of the salary of a judge of first instance, in addition to the separation of the cause. Abandonment constitutes a serious offense and obliges the that incurs the to pay the costs of replacement, without prejudice to any other penalties. These will only appeal when the handed down by the judge. The judicial body shall notify the public College of Lawyers to their effects.23

TITLE VProcedural ActsCHAPTER IGeneral ProvisionsLanguageArticle. 114. - In the procedural acts should be used the national language under pain of nullity.

Art Date. 115. - For dating an act must be indicated the place, day, month and year in that it is fulfilled. The time will be appropriated only when particularly is required to do so.When the date may be required under pain of nullity, this may only be declared when that cannot be established with certainty by virtue of the elements of the act or other related.The secretary or authorized auxiliary of the tribunal shall make from all the writings, offices or notes that you receive, by expressing the date and time of submission.

Art day and time. 116. - The procedural acts must be fulfilled in days and hours working days, except for instruction. For the discussion, the court may enable the days and hours that it deems necessary.Oath and promise to tell the truthArticle. 117. - When it is needed the swearing-in, this will be received, as appropriate, by the judge or by the president of the court, under penalty of invalidity, in accordance with the beliefs of that pay, who will be instructed in the penalties for the crime of perjury, for which you will read the relevant legal provisions and will pledge say the truth about what he knew and he is asked by the formula "I swear" or "i promise".

Art statements. 118. - Which must be declared in the process it will loudly and without consulting notes or documents, except that the court authorize him to do this, if so requires the nature of the facts.In the first term, the declarant shall be invited to say how much you know on the matter in question, then, if necessary, ask.

The questions are not misleading or suggestive.In cases of offenses dependent private instance, the victim and/or their legal representatives only testify before the judge, the prosecutor and his lawyer, and should be avoided the humiliating questioning.24

When appropriate in writing, shall set out the questions and answers.SpecialArt statements. 119. - To receive and examine an oath to a deaf you will be presented in writing the formula of questions; if you try to a dumb you will be asked the questions orally and shall respond in writing; if this is a deaf mute, the questions and answers will be written.If such persons who are unable to read or write, will appoint an interpreter to a teacher of deaf mutes or, in the absence of such consent, someone who knows communicate with the interrogated.CHAPTER IIActs and judgmentscoercive powerArticle. 120. - In the exercise of their functions, the court may require the intervention of the police force and have all the measures it deems necessary for the safe and regular compliance of the acts that i ordered.

Art Assistance of the secretary. 121. - The court will always assisted in the performance of their acts by the secretary, who shall countersign all its resolutions with signature whole preceded by the formula: "Before me".

Art Resolutions. 122. - The decisions of the tribunal shall be given by a court judgment, order or decree.Judgment to put an end to the process, after your integral processing; auto, to resolve an incident or article of the process or when this code is required; decree, in other cases, when this form is particularly prescribed.The copies of judgments and orders shall be per-protocol by the registrar.Motivation of the resolutionsArticle. 123. - Judgments and orders must be motivated, under pain of nullity. The decrees will be under the same penalty, when the law so provides.Signature of the resolutionsArticle. 124. - Judgments and orders must be signed by the judge or all the members of the tribunal to an uninhabited; the decrees, by the judge or the president of the court. The lack of a signature will produce the nullity of the act.

Art Term. 125. - The court will issue the decrees the day on which the records are to release posts; the cars, within five (5) days, unless otherwise provided another term; and the judgments, in the opportunities provided in particular.

25

Art Rework. 126. - Within a term of three (3) days of dictated the resolutions, the court may rectify ex officio or at the request of any party, any error or omission contained in those materials, provided that this does not amount an essential change.The instance of clarification shall suspend the term for the appropriate remedies.Complaint by delay of justiceArt. 127. - At the expiration of the term in which you may have to be issued a resolution, the interested party may request a prompt dispatch and, if within three (3) days, but obtains, may complain about the delay to the court exercising the Office of the superintendent, the report of the accused, will provide immediately what appropriate. If the delay is attributable to the chairman or a member of a collegiate court, the complaint may be made before this same court; and if it was to the Supreme Court of Justice, the applicant may exercise the rights that you agreed to the Constitution.Final ResolutionArt. 128. - The judgments will be firm and decisive, without need of any statement, insofar as they did not timely appeal.True CopyArt. 129. - When, for whatever reason is destroyed, the loss or theft of the original sentences or other procedural acts required, an authentic copy will have the value of those.

Art restitution and renewal. 130. - If there is no copy of the acts, the court shall order the rebuild, for which you will receive tests demonstrating its reexistencia and content. When this is not possible, you will have the renewal, prescribing the mode to make it.Copy andArt reports. 131. - The court will order the issuance of copies, and reports, provided that they are requested by a public authority or by individuals to prove legitimate interest in obtaining them.CHAPTER IIILetters Rogatory, letters rogatory, commandments and crafts

Art general rules. 132. - When a procedural act is to be executed outside the headquarters of the court, this may entrust its compliance by means of letter rogatory, called, warrant or ex officio, as directed, respectively, to a court of higher hierarchy, equal to or less than, or authorities that do not belong to the judiciary, without prejudice to the application of the provisions of the Convention on the laws with the provinces.

Art 26. 132 BIS. - In the causes that investigate any of the offenses covered by articles 142a and 170 of the Penal Code of the nation, or processed in shape with those related, when he was in danger the life of the victim or the delay in the procedure could seriously compromise the success of the investigation, the judge or the Prosecutor in charge of this may act in foreign territorial jurisdiction by ordering the authorities of prevention the proceedings relevant to understand, and must inform the measures provided the judge at the place. Prevention authorities must inform the judge of the place the results of the inquiries.(Article incorporated by art. 1 Of the Act No. 25,760 B. O. 11/8/ 2003)direct communicationArt. 133. - The courts may be made directly to any administrative authority, which will offer its cooperation and issue reports that you request, within the third day of receiving the order of a judge or, in his case, in the term to be determined.Letters rogatoryArt with foreign courts. 134. - The letters rogatory to foreign courts will be answered by diplomatic action in the form established by the treaties or international customs.Those of foreign courts shall be processed in the cases and established ways by the treaties or international customs and by the laws of the country or in the form that is set in the agreements signed with the various countries, subject to the principle of reciprocity.Letters rogatory from other jurisdictionsArt. 135. - The letters rogatory from other jurisdictions will be processed, without delay, after tax, provided that they do not affect the jurisdiction of the court.Denial and delayArt. 136. - If the prosecution of a warrant may be denied or delayed, the court state so urging may apply to the appropriate superior court, which, after vista prosecutor will decide whether responsible for ordering or manage the completion.Commission and transfer of the calledArt. 137. - URGED The court may authorize the release of the urged other bottom, when the act has to be performed outside of the place of his seat, or refer it to the court who was direct, if this place were not of their competence.CHAPTER IV

General RuleArt Records. 138. - When the public official who intervene in the process should attest to the acts performed by the or fulfilled in his presence, a mint would act in the manner prescribed by the provisions of this Chapter. To this end, the judge and the prosecutor will be assisted by a Secretary, and the police officers or security forces by two witnesses, that in no case may27

belong to the division when it comes to the records to prove the unreproducible acts and definitive, such as abduction, site inspections, requisition staff.28

Art Content and formalities. 139. - The records must contain: the date; the first and last name of the people involved; the reason that it has prevented, in your case, the intervention of the people who are forced to attend; the indication of the steps taken and of your outcome; the statements received; if these were done spontaneously or in response to a request; if the rendered respondents.Completed or suspended the diligence, the minutes shall be signed, after reading, by all the participants that they must do so. When one cannot or does not chooses to sign, that fact should be mentioned.If he has to sign a blind or illiterate, you will be informed that the act can be read and, in his case, signed by a trusted person, which shall be recorded.NullityArt. 140. - The minutes shall be void if lack the indication of the date, or the signature of the presiding officer, or the secretary or witnesses of action, or the information provided for in the last part of the previous article.Also the amendments are null, interlinings or sobrerraspados carried out in the act and not saved at the end of this.Witnesses of performanceart. 141. - They will not be witness of performance, the age of eighteen (18) years, the insane and that at the time of the Act are in a state of unconsciousness.CHAPTER VNotifications, citations and view

Art general rule. 142. - The general resolutions would be made known to those who appropriate, within twenty-four (24) hours of ordered, unless the court decides a minor term and does not require but to persons duly notified.Persons authorizedArt. 143. - Notifications shall be carried out by the Secretary or the employee of the appropriate court or designate especially.When the person to be notified this outside of the headquarters of the tribunal, the notification will be practiced through the appropriate judicial authority.Place the

Art act. 144. - The prosecutors and defenders officers will be notified in their respective offices; the parties, in the secretariat of the court or in the registered domicile.29

If the accused is in custody, you will be notified in the secretariat or the place of his detention, according to resolved by the court.Persons who are not nationals registered domicile shall be notified in your domicile, residence or place where they find themselves.Legal DomicileArt. 145. - To appear in the process, the parties shall establish their residence within the radius of the ejido urban of the seat of the court.Notifications to the defenders and agentsArt. 146. - If the parties in ombudsman or trustee, only they will be carried out the notifications, unless the law or the nature of the Act require that also those are notified.Way of theArt notification. 147. - The notification will be delivered to the person who must be notified, an authorised copy of the resolution, leaving due on the record.If i will try to judgments or cars, the copy shall be limited to the heading and the operative part.Notification in theArt office. 148. - When the notification is made personally in the secretariat or in the office of the prosecutor or public defender shall be recorded in the file, with indication of the date, by signing the responsible of the diligence and the notified, who may take a copy of the resolution.If this does not absolutely refuses, cannot or unable to sign, the two witnesses will be required to effect, may not use the dependent on the office.Notifications in theArt houses. 149. - When the notification is made in the home, the official or employee who is in charge of practicing it will carry two certified copies of the resolution with indication of the court and the process in which it is issued; will deliver a to the staff member concerned and to the foot of the other, which will be added to the dossier, record with indication of the place, day and hour of the diligence, signing along with the notified.When the person to be supplicated notify was not found in his home, the copy will be delivered to any greater than eighteen (18) years of age who is residing there, preferred to the relatives of the person concerned and, in the absence of them, their employees or dependents. If you do not find any of those people, the copy will be delivered to a larger neighbor of that age that knows how to read and write, with the nearest preference. In these cases, the officer or employee that the notification shall be given to that person made delivery of the copy and why, by signing the diligence along with it. When the notified or the third party shall refuse to receive the copy or

to give your name or sign, she will be attached to the door of the house or room where you practice act, of what is recorded, in the presence of a witness who signed the diligence.If the person not required he knew or could not be sign, it will be a witness to his plea.30

Notification by edictsArt. 150. - When you ignore the place where the person lives that must be notified, the resolution will be know by edicts to be published for five (5) days in the Official Gazette, without prejudice to the appropriate measures to find out.The edicts shall contain, as the case may be, the appointment of the court that original claim is pending in the case; the name and surname of the recipient of the notification; the offense that motivates the process; the transcript of the chapeau and operative part of the resolution that was reported; the term within which the quoted must be submitted, as well as the warning that, in case of not doing so, it will be declared in contempt; the date of issuing the edict and the signature of the registrar.A copy of the number of the Gazette became the publication will be added to the file.Disagreement between original and copyArt. 151. - In the event of disagreement between the original and the copy, will faith regarding each applicant the copy by the received.Invalidity of theArt notification. 152. - The notification shall be null:1 °) If any existed error about the identity of the person notified.2 °) If the resolution has been notified in an incomplete form.3 °) If not in the diligence will consist the date or, when appropriate, the delivery of a copy.4 °) If neglects some of the signatures required.CitationArticle. 153. - When necessary the presence of a person for some procedural act, the competent court ordered their summons. This will be carried out in accordance with the forms prescribed for the notification, except as provided by the following article, but under penalty of invalidity in the ballot will be expressed: the court that ordered, your object and the place, day and hour in which the cited must be brought.SpecialArticle citations. 154. - Witnesses, experts, interpreters and depositaries may be summoned by means of the police, or by registered letter with return receipt, or telegram colacionado. It warn them of the sanctions that if they do not obey the court order and that, in this case, will be conducted by the public force of not mediate justifiable cause.

The warnings will become effective immediately. The unjustified failure will incur the costs that causes, without prejudice to the criminal liability that correspond.Views31

Art. 155. - The only views will be sorted when the law so provides and will be completed by the persons empowered to notify.Running Mode theArt views. 156. - The views shall be borne by handing over to the person concerned, under receipt, the proceedings that be concealed.The secretary or clerk shall record the date of the act through diligence extended in the record, signed by him and the person concerned.NotificationArt. 157. - When will I find the person to be supplicated running Vista, the resolution shall be notified in accordance with the provisions of article 149.The term shall run from the following business day.The party concerned may withdraw of secretariat the dossier for the remainder for the expiration of the term.End of theArt views. 158. - Any view that does not have fixed term shall be deemed given three (3) days.Failure to return theart performances. 159. - At the expiration of the term by which ran the vista without that the proceedings are returned, the court spared immediate order to the official of justice for the required or the seizure of them, authorising it to pave the home and make use of the public force.If the execution of the order by semiconsciousness suffered blame the required, may be imposed a fine of up to ten percent (10 %) of the salary of a judge of first instance, without prejudice to the arrest and the formation of cause that corresponds.Invalidity of theArt views. 160. - The views will be void in the same cases in the notifications.CHAPTER VITermsgeneral RuleArticle. 161. - The procedural acts must be carried out within the terms established in each case.When it is not fixed term, shall be made within three (3) days. The terms shall be borne for each interested since its notification, or, if they are common, since the last that is practiced and are counted in the manner prescribed by the Civil Code.Tallying32

Art. 162. - In the terms will be counted only working days and that it is enabled, with the exception of the incidents of release, in which those shall be continuous.In this case, if the term expired in holiday, shall be deemed extended right to the first working day following.ImprorrogabilidadArt. 163. - The terms are peremptory and extended, subject to the exceptions provided for by law.Special ExtensionArt. 164. - If the fixed term overcometh after office hours, the act that must be met after she may be carried out during the first two hours of the following working day.AbbreviationArt. 165. - The Party in whose favor it is established a term, you can waive it or consent to its abbreviation expresses through manifestation.CHAPTER VIIAnnulmentsgeneral RuleArticle. 166. - The procedural acts will be null only when had not been observed the provisions expressly prescribed under pain of nullity.Invalidity of order Rule. 167. - This always means prescribed under penalty of nullity the observance of the provisions concerning:1 °) to the appointment, capacity and constitution of the judge, court or representative of the public prosecutor's office.2 °) to the intervention of the judge, prosecutor and plaintiff in the process and its participation in the acts in that it is compulsory.3 °) to the intervention, assistance and representation of the defendant, in the cases and forms that the law establishes.

Art Statement. 168. - The court to check a cause of nullity will try, if possible, delete it immediately. If he fails to do so, you can declare the nullity at the request of a party.Should only be declared on its own motion, in any condition and degree of the process, the annulments referred to in the preceding article involving violation of the constitutional rules, or when it is expressly provided.33

Who can oppose the invalidity

Art. 169. - Except in cases where appropriate the declaration on its own motion, may only invoke invalidity, the parties that have not gone to mind raced and who have an interest in the observance of the respective legal provisions.Opportunity and formpart of the opposition. 170. - Annulments may only be opposed under penalty of expiration, in the following opportunities:1 °) produced in the instruction, during this or at the end of summons to appear in court.2 °) produced in the preliminary acts of the trial, until immediately after the open debate.3 °) produced in the debate, at the expiration of the act or immediately after.4 °) The produced during the processing of a resource, until immediately after the hearing, or in the memorial.The instance of invalidity will be motivated, under penalty of inadmissibility, and the incident will be handled in the manner prescribed for an appeal for reinstatement.How to correct the annulmentsArt. 171. - Any nullity may be cured the manner set out in this Code, except those that are required to be declared ex officio.Annulments shall be remedied:1 °) when the public prosecutor or the parties did not oppose in due course.2 °) when those who have a right to - these have been accepted, expressly or impliedly, the effects of the act.3 °) If, notwithstanding its irregularity, the act has achieved its purpose with respect to all interested persons.

Art effects. 172. - The nullity of the act, when it is declared, will void all the consecutive acts that the dependents.To declare the nullity, the court shall, in addition, to which previous acts or contemporary reaches the same by connection to the act canceled.The court ordered that the declare, when necessary and possible, renewal, ratification or rectification of acts canceled.

Art 34 sanctions. 173. - When a higher court declare the nullity of acts taken by one less, it may have its departure from the cause or to impose disciplinary measures that you agree the law.BOOK IIInstructionTITLE Iinitial ActsCHAPTER I

complaintmay denounceArt. 174. - Any person who is aggrieved by an offense prosecutable ex officio or who, without claiming to be injured, take the news, you can denounce it to the judge, the fiscal agent or to the police. When the criminal action depends on private instance, only may denounce anyone who is entitled to urge, in accordance with the provisions of the Criminal Code. With the formalities prescribed in the title IV, chapter IV, the first book, you can request to be considered as a plaintiff.

Art Form. 175. - The complaint lodged with the police may be made in writing or verbally; personally, by representative or by special agent. In the latter case it should be added the power. In the event that a police officer receives the complaint in written form will be reviewed and shall record the identity of the complainant. When verbal, will be extended in a deed of agreement with the Chapter IV, Title V, of Book I.In the event that the complaint should be filed with the prosecutor or the judge the same must be written; personally, by representative or by special agent. In this latter case, he must be added the power, and must be signed before the staff member you receive it, who will verify and shall record the identity of the complainant.For the purposes of verifying your identity, the complainant may submit any valid identity document.(Article replaced by art. 1 Of the Act No. 26,395 B. O. 28/8/ 2008)Art. 175 BIS - When the written complaint should be lodged with the police, the officer that the receive, after checking of identity referred to in article 175 CPPN, must be placed in the writing a stamp stating the time and day of the reception, the name of the police unit and the registration number of the complaint, and may give you a record of the presentation or signing the copy, at the request of the complainant.35

In any case, you may reject the submission of the complaint, without prejudice of the judicial proceedings that subsequently appropriate.(Article incorporated by art. 1 Of the Act No. 26,395 B. O. 28/8/ 2008)

Art content. 176. - The complaint must contain, as far as possible, the relationship of the fact, with the circumstances of the place, time and manner of execution, and the indication of its participants, victims, witnesses and other elements that can lead to your checking and legal classification.Obligation to denounceArt. 177. - Shall be obliged to denounce the prosecutable offenses:1 °) The public officials or employees who are familiar with in the exercise of their functions.

2 °) doctors, midwives, pharmacists and other persons exercising any branch of the art of healing, in the case of offenses against life and physical integrity to know at provide the aid of their profession, except that the facts are known under the professional secrecy.Prohibition to denounceArt. 178. - No one can complain to your spouse, ascendant, descendant, brother, unless the offense appears to have been committed in prejudice to the complainant or of a relative of a grade equal to or more next than the league with the denounced.Responsibility of the complainantArt. 179. - The complainant will not be a part in the process nor incur any liability whatsoever, except for the offense on which might incur.Complaint with the judgeArt. 180. - The judge that has received a complaint be forwarded immediately to the fiscal agent.Within the term of twenty-four (24) hours, except that by the urgency of the case that attach smaller one, the fiscal agent shall formulate requirement pursuant to article 188 or be asked to the complaint is dismissed or forwarded to another jurisdiction.Without prejudice to the provisions of the preceding paragraph, the judge of instruction received a complaint may, within twenty-four (24) hours, unless by the urgency of the case attach one less, make use of the power granted by article 196, first paragraph, in which case the fiscal agent will assume the direction of the research in accordance with the rules established in title II, book II of this Code or be asked to the complaint be dismissed or forwarded to another jurisdiction.It will be dismissed when the facts referred to in her did not constitute a criminal offense, or when it is not possible to proceed. The resolution available to the dismissal of the complaint or referral to another jurisdiction, shall be appealable, even by who wanted to be taken by plaintiff.Complaint with the fiscal agent36

Art. 181. - Where the complaint is filed with the fiscal agent, this shall proceed in accordance with the provisions in the second paragraph of article 196 or require the dismissal or referral to another jurisdiction.Then shall be, in accordance with the previous article.Complaint with the police or security forcesArt. 182. - Where the complaint is made to the police or security forces, they will act in accordance with article 186.CHAPTER IIActs of the judicial police and security forces

Art function. 183. - The police or the security forces must investigate, on its own initiative, on the basis of a complaint or by order of a competent authority, the

crimes of public action, to prevent the acts committed were brought to further consequences, identifying the guilty and collect evidence as the base for the indictment.If the offense outside of public action dependent on private instance, should only proceed when you receive the complaint provided for by article 6.Powers, duties and limitationsArticle. 184. - Officials of the police or security forces will have the following powers:1 °) receive complaints.2 °) Take care that the traces materials that has ceased the crime are preserved and that the state of things would not be changed until it is available to the competent authority.3 °) to have, if necessary, that none of the people that they find themselves in the place of fact or its adjacencies, deviate from that or communicate with one another while performing the appropriate steps, for what should realize a judge immediately.4 °) If there is a danger that any delay compromise the success of the investigation, to record the status of the people, of the things and places, through inspections, drawings, photographs, technical reviews and other operations that advise the police scientific.5 °) Dispose in accordance with article 230, article 227 raids, searches and inspections of the article 230 bis and kidnapping of article 231, giving immediate notice to the appropriate judicial body.6 °) If absolutely necessary, order the closure of the local in that it is assumed, by vehement evidence that a felony has been committed, or proceed in accordance with article 281 giving immediate notice to the appropriate judicial body.7 °) to question witnesses.37

8 °) to apprehend the suspects in the cases and forms that this Code authorizes and have their solitary confinement when fulfilled the requirements of article 205, for a maximum term of ten (10) hours, which may not be extended for any reason without a warrant.In such cases should be practiced a medical report to verify a person's psychophysical condition at the time of his arrest.9 °) in the crimes of public action and only in the assumptions of the article 285, require the suspect and in the place of the fact news and indications summary on circumstances relevant to orient the immediate continuation of the research. This information may not be documented or shall have no value in the process.10) May not receive a statement from the accused. Only questions may ask you to confirm his identity, after reading that in that case you will be given in a loud voice for the rights and guarantees contained in articles 104, paragraph 1 and last, 197, 295, 296 and 298 of this Code, application of analog to the case, all this under penalty of invalidity in the case of as well not be done, without prejudice to the

communication that will make the judge to the superior authority of the official for the purposes of the due administrative penalty for noncompliance.If there were urgent reasons for that statement from the accused, or this will express their desire to do so, and the judge to whom it may intervene in the matter is not forthcoming, the SMS should provide the means to that his statement is received by any judge who possesses the same competition and the field.11) Use of the force to the extent necessary.The auxiliaries of the police and security forces will have the same powers, duties and limitations that the officials for urgent cases or when carrying out court orders.(Article replaced by art. 1 Of the Act No. 25,434 B. O. 19/6/ 2001)Art. BIS 184 - In the case of crimes committed by persons who were state and military in the interior of military establishments or under military control, the superior military authority shall notify the competent judicial authority and shall have the powers and duties provided for in subparagraphs (2nd, 3rd, 4th, 8th and 9th of the preceding article until it becomes present in the place the competent judicial authority.(Article incorporated by art. 24 Of Annex I of the Act No. 26,394 B. O. 29/8/2008. Duration:will begin to govern to the six (6) months of its promulgation. During this period will be carried out in the relevant areas a training and outreach program on its content and application)Kidnapping of correspondence: BanArt. 185. - The officials of the police and security forces may not open the correspondence they confiscate, but must submit it intact to the competent judicial authority; however, in urgent cases, may occur at the most immediate, the authorize the opening if deemed appropriate.Communication andArt procedure. 186. - Prevention officers immediately communicated to the competent judge and the prosecutor with the initiation of preventive interventions. Under the direction of the judge or the prosecutor, as38

correspond, and in the nature of judicial clerks, will form the prevention interventions that contain:1 °) date and place in which they were initiated.2 °) The personal data of those who took part in them.3 °) declarations received, the reports that had occurred and the result of all the proceedings.Urgent Conclusion of the proceedings, the preventive interventions shall be forwarded to the competent judge or the prosecutor, as appropriate.The proceedings of prevention must be performed within five days, extendable by a further five days prior authorization of the judge or prosecutor, as appropriate,

without prejudice to the subsequent practice complementary actions with those proceedings that remain outstanding.(Article replaced by art. 2° Of the Law No. 25,434 B. O. 19/6/ 2001)PenaltiesArt. 187. - The officials of the police or security forces that violate legal provisions or regulations, which skip or delay the execution of an act of its own functions or carry it out negligently shall be punished, except that it applies the Penal Code, by the high court of its own motion or at the request of a party and receiving a report of the person concerned, with warning, a fine in accordance with article 159 second part or arrest for up to 15 days, actionable --within three days -- before the judicial body that appropriate, without prejudice to the disciplinary sanctions that can apply the authority of those who depend on the police or the security forces is concerned.(Article replaced by art. 88 Of Law No. 24,121 B. O. 8/9/ 1992)CHAPTER II BIS:acts of armed forces in time of armed conflict and combat zone.(Chapter incorporated by art. 25 Of Annex I of the Act No. 26,394 B. O. 29/8/2008. Duration:will begin to govern to the six (6) months of its promulgation. During this period will be carried out in the relevant areas a training and outreach program on its content and application)Article. Article 187 - the military authority in a combat zone you can stop the violator of the article 240 bis of the Penal Code caught in flagrante delicto or that the tests indicate as author or participated in the infringement, and send it immediately available to the competent federal judge.If the transfer is not possible or it was not in conditions of safety before the five (5) calendar days from the time of arrest, the commander of the area he will convene a judge that shall be found in the same, and it will be at your disposal.To this effect, the commander will prefer a federal judge or national and, in the absence of these, a provincial judge counsel. Also you will prefer a judge with some competence in the area, but if not there, suffice to halle in the same if only circumstantial.

Acts 39 CHAPTER III of the Public Prosecutor

Art requirement. 188. - The fiscal agent will require the competent judge the statement, when the complaint of an offense of public action is made directly to the judge or the police and security forces, and that does not decide to make use of the power that you agreed to the first paragraph of article 196.In cases where the complaint of an offense of public action outside total amount directly by the fiscal agent or this action promote the criminal court, if the examining

magistrate, in accordance with the provisions of the second paragraph of article 196, decided to take in charge of the investigation, the fiscal agent shall so requirenew.The requirement of instruction shall contain: (1 °) The personal circumstances of the accused, or, if ignoraren, signs or data that can be better to make him known.2 °) relationship substantiated the fact with indication, if possible, of the place, time and manner of execution.3 °) The indication of the useful steps to finding out the truth.CHAPTER IVobstacles based on constitutional privilegedesafueroArt. 189. - (Article repealed by art. 6° The Law No. 25,320 B. O. 13/9/ 2000)Preliminary HearingArt. 190. - (Article repealed by art. 6° The Law No. 25,320 B. O. 13/9/ 2000)

Art procedure. 191. - (Article repealed by art. 6° The Law No. 25,320 B. O. 13/9/ 2000)Several chargedArt. 192. - When appropriate against several defendants and only one or some of them enjoy constitutional privilege, the process may be formed and follow with respect to the other.40

TITLE II,Section IGeneral Provisions for thePurposeArt instruction. 193. - The statement will be aimed at:1 °) Check if there is a offense through the proceedings leading to the discovery of the truth.2 °) to establish the circumstances that qualify the fact, the worsen, mitigate or justify, or influence the punishability.3 °) to identify the participants.4 °) Check the age, education, customs, conditions of life, livelihood and background of the accused; the state and development of their mental faculties, the conditions under which he acted, the reasons that have been able to determine to commit crimes and other circumstances that reveal their greater or lesser danger.5) Check the extent of damage caused by the offense, though not the survivor was constituted in civil actor.Direct Research

article. 194. - The examining magistrate must proceed directly and immediately to investigate the facts that appear committed in its judicial district, without prejudice to the provisions of article 196.

Art initiation. 195. - The instruction will be initiated in virtue of a prosecutor's application, or of a prevention or police information, in accordance with articles 188 and 186, respectively, and will be limited to the facts in such acts.The judge rejected an application by the prosecutor or order the file of the police actions, by car, when the offense not cosntituya offense or it is not possible to proceed. The resolution shall be appealable by the fiscal agent and the complainant.Art. 196. - The trial judge may decide that the direction of the investigation of the crimes of public action criminal competency is in charge of the fiscal agent, who must adjust its proceed to the rules laid down in section II of this title.In those cases in which the complaint of the commission of an offense of public action is total amount directly by the fiscal agent, or promoted by the criminal action of its own motion, this is to report immediately to the examining magistrate, practicing the measures of investigation inescapable, when appropriate, ask the examining magistrate who will heed our appeal the statement of the accused, in accordance with the rules set out in section II of this41

title, after which the trial judge will decide immediately if you take in charge of the investigation, or whether she will continue in the fiscal agent.The judges in the correctional facility, in the financial criminal, juvenile, criminal and correctional matters of the Federal Capital and federal with seat in the provinces, will have the same power that the first paragraph of this article gives national judges in criminal investigating. (Paragraph incorporated by art. 88 Of Law No. 24,121 B. O. 8/9/ 1992)Article 196Article. 196 BIS. - Notwithstanding the previous article, in the summaries for wrongful acts of criminal competency of instruction or correctional that do not have author identified, the direction of the investigation shall be from the start of the proceedings delegated to the Office of the Public Prosecutor, with notice given to the competent judge in turn.In the causes that investigate any of the offenses set forth in articles 142a and 170 of the Penal Code of the nation, or processed in a related manner with those, even when they have identified authors, the direction of the investigation shall be in charge of the Public Prosecutor's Office since the start of the proceedings until the completion of the investigation, with notice given to the competent judge in turn. (Paragraph incorporated by art. 2° Of the Law No. 25,760 B. O. 11/8/ 2003)(Article incorporated by art. 1 Of the Act No. 25,409 B. O. 20/4/ 2001)Art. 196 Ter. - In those same assumptions, the police or security forces must give news in immediately to the respective functional unit for that purpose set the

Attorney General of the Nation, of the crimes of public action of competition or criminal investigating correctional, as appropriate, also communicating to the judge on duty the commission of such unlawful acts and the intervention given to the Public Prosecutor's Office.This communication will be in charge of the respective functional unit, when the causes are not originating in the prevention.(Article incorporated by art. 2° Of the Law No. 25,409 B. O. 20/4/ 2001)Art. 196 Quater. - In cases in which the investigation of offenses referred to in article 196 bis, makes possible the imputation to person or certain people, the Public Ministry official in charge of the respective functional unit, you must submit the proceedings to the Attorney-General, who would have been entitled intervene by lot, shift, or territorial circuit. This, without prejudice to the joint action or alternative available to the Attorney General of the Nation, according to the provisions of article 33 (d), (e), (g) and (n) of the Law 24,946 .The prosecutor responder, the proceedings shall be forwarded to the competent judge for that within three days make use of the power conferred on article 196 first paragraph.(Article incorporated by art. 3° Of the Law No. 25,409 B. O. 20/4/ 2001)OmbudsmanArt and home. 197. - At the first opportunity, including during the police prevention but, in any case, before the inquest, the judge shall invite the defendant to choose a lawyer; if you do not do so or if the lawyer did not immediately accept the case, the judge shall proceed in accordance with article 107. The ombudsman may meet with his assisted immediately before the proceedings referred to in articles 184, penultimate paragraph, and 294 under penalty of invalidity of the same.42

In the same act, when the accused is in freedom, you must secure home. If he is in custody will be reported to the person stating their place of detention.43

Participation of the public prosecutorArt. 198. - The public prosecutor may intervene in all acts of the instruction and review at any time the proceedings.If the fiscal agent had been expressed the purpose of attending an event, will be warned with enough time and low on record, but that was not suspended or delayed by their absence. When you attend, you will have the duties and powers as prescribed by article 203.

Proposition of proceedingsArticle. 199. - The parties may propose proceedings. The court shall order them when considered relevant and useful; their resolution will be irrecurrible.Right of judicial assistance andArt faculty. 200. - The supporters of the parties shall be entitled to attend the house searches, surveys, reconstructions, expertise and inspections, except as provided for in article 218, provided that by its nature and characteristics to be considered final and unplayable, the same as to the statements of the witnesses that because of illness or other impediment is presumed that may not attend the debate.The judge may permit the attendance of the defendant or the offended, when it is useful to clarify the facts or necessary due to the nature of the act.The parties shall be entitled to attend the house searches.Notification: cases urgentisimosArt. 201. - Prior to performing any of the acts mentioned in the previous article, except the house searches, the judge shall, under penalty of invalidity, that they are notified the public prosecutor, the plaintiff and the defense counsel; more the diligence will be practiced in the opportunity set, even if they do not attend.Only in cases of extreme emergency may proceed without notification or before the fixed term, leaving record of the reasons, under pain of nullity.Possibility ofArt assistance. 202. - The judge will allow the defenders to attend other acts of the instruction, provided that this does not jeopardize the achievement of the purposes of process or prevent early and regular action. The resolution will be irrecurrible.Admission assistance, will be notified verbally to the defenders before practicing the acts, if possible, letting record.Duties and powers of the wizardsArt. 203. - Defenders who attend acts of instruction may not make signs of approval or disapproval, and in no case shall take the word without express authorization of the judge, to whom should be addressed when the permit is granted them. In this case may propose measures, ask questions, make observations as they deem appropriate or ask44

that should record any irregularity. The resolution that the burden in this regard will always irrecurrible.Nature of the proceedingsArticle. 204. - The summary shall be open to the public for the parties and their advocates, who may consider after the investigation, leaving except the right established in the second paragraph of article 106. But the judge may order the secret by resolution founded always that advertising put in danger the discovery of the truth, with the exception the definitive acts and unreproducible, which will never be secrets for those.

The booking may not last more than ten (10) days and shall be decreed only once, unless the seriousness of the fact or the difficulty of research require prolonged that it up to another both. However, may be ordered again if circumstantial other suspects.The summary will always secret to strangers.IncommunicadoArt. 205. - The judge may order the detention in solitary confinement for a term not more than forty-eight (48) hours, which may be extended for a further twenty-four (24) via auto founded, when there is reason to fear that will be in accordance with third parties or impede the investigation in some other way.When the police have exercised the power conferred upon it by subparagraph 8 of article 184, the judge may only extend incommunicado detention up to a maximum of seventy-two (72) hours.In any case, the solitary confinement of the detainee will prevent this is communicating with his defense counsel immediately before you begin your statement or before any act that requires your personal intervention.To enable the use of solitary confinement on books or other objects that may request, provided they cannot be used to evade incommunicado detention or endanger his own life or that of others.He shall also be authorized to perform civil acts postponed, not to diminish their solvency or jeopardize the purposes of the investigation.Limitations on the testarticle. 206. - Do not be governed in the instruction the limitations established by the civil laws with respect to the test, with the exception of those relating to the marital status of the people.Duration and extensionArt. 207. - The instruction must be carried out in the term of four (4) months of the investigation. If that term proves to be insufficient, the judge will request extension to the appeals chamber, where you can reschedule up to two (2) months more, according to the causes of the delay and the nature of the research.However, in the cases of the utmost gravity and very difficult research, extension granted shall not exceed exceptionally of that period.

Art 45. 207 BIS. - In the causes that investigate any of the offenses covered by articles 142a and 170 of the Penal Code of the nation, or processed in a related manner with those, the terms laid down in article 207 of this Code shall be reduced by half. The Prosecutor in charge of the instruction may request an extension of the term, in the conditions stipulated in the article above and prior authorization of the Attorney General of the Nation.(Article incorporated by art. 3° Of the Law No. 25,760 B. O. 11/8/ 2003)

Art Performances. 208. - Summary of the proceedings shall be recorded in minutes that the Registrar shall draw up and compile in accordance with the provisions of chapter IV, Title V of the book, I, of this Code.Section II

art form. 209. - The representative of the public prosecutor's office shall proceed in accordance with the provisions of this Code to practice activities that empowers it to article 196 and that you will serve as a basis for your request (article 347).PowersArticle. 210. - On the assumption that the trial judge proceed according to the first paragraph of article 196, the representative of the public prosecutor's office, practice the procedural acts which he deems indispensable, except those assigned by law to other judicial body. In this case, the required to the appropriate person.After promoted the officio criminal action or a complaint is received by the representative of the public prosecutor's office, this immediately communicate such circumstances to the examining magistrate and seek the obtaining of evidence necessary according to the rules laid down in this title.When necessary the production of acts that by its nature and characteristics were final and unreproducible, immediately ask for such measures to the appropriate judicial body.Art. 211. - Since the beginning of the process, the representative of the public prosecutor's office will ensure the accused the exercise of the right of defense established in article 104, and in your case, will provide his defense counsel (article 107).

Art Faculties. 212. - In the time limit established to develop the research (article 207), the representative of the public prosecutor's office may call witnesses (article 240), require thereports as it deems appropriate and useful (article 222), have the measures that it deems necessary in the exercise of their functions (article 120) and practice inspections of places and things (article 216) with the proper warrant if necessary.The parties may propose procedural acts or the gathering of evidence in any time of the investigation. The representative of the public prosecutor's office by observing the rules of this section, carry them out if it considers relevant and useful.

Art 46. 212 BIS. - Notwithstanding the provisions of article 213 (a), when there were sufficient grounds to suspect that a person has participated in the commission of any of the offenses covered by articles 142a and 170 of the Penal Code of the nation, or any other criminal offense whose research is related with those, the Prosecutor shall proceed to receive statement, unless the defendant disclosing their willingness to testify before the judge.

When the declaration is received by the Prosecutor, this will proceed in accordance with established by articles 294 and following of this Code. Completion of the diligence, the Prosecutor shall send a copy of all the measures taken to the judge, the only effect that this resolved the situation of the accused (articles 306 and following).When the declaration is received by the judge, the Prosecutor will immediately send the proceedings, preserving copies of its relevant parts for the purposes of the investigation to continue.In both cases, before you begin the statement, you should inform the accused in detail, if appropriate, the provisions contained in article 41 ter of the Criminal Code of the nation.The judge must decide on the term renewable period of five (5) days from the date of completion of the hearing. The resolution shall be appealable, without suspensive effect, within a period of forty-eight (48) hours.(Article incorporated by art. 4° Of the Law No. 25,760 B. O. 11/8/ 2003)

Art requirements. 213. - At this stage, the representative of the public prosecutor's office will require, under penalty of invalidity, the examining magistrate to practice the following acts: (a) for the receipt of the statement of the accused (article 294);(b) any restrictive measure of the freedom of movement of the accused, with the exception of the crimes committed in flagrante delicto (article 284) or of utmost urgency (articles 281, 282), in which case it can never exceed six (6) hours.Also you must require immediately, when appropriate, the cessation of the same;(c) the production of unreproducible acts and definitive; (d) any measure concerning the file of the proceedings, to the suspension of the criminal prosecution or to the dismissal of the accused; (e) any other act not included in article 212, and that the Code of Criminal Procedure only empowered practice to a judge.Art. 214. - In the event that the trial judge would have to continue with the direction of the investigation, the procedural acts met by the representative of the prosecutor's office, in accordance with the provisions of this Code, shall retain its validity.Without prejudice to the foregoing, the examining magistrate shall proceed in accordance with article 195.Art. 215. - On the assumption that the trial judge granted (article 196, first paragraph) or authorize continue (article 196, second paragraph) the representative of the public prosecutor's office47

direction of the research, this will meet the evidence with regard to the ends of the criminal accusation, in your case, it will be vista to the complainant (article 347), after which issued in the terms of subparagraph (2) of article 347.

In any case, the lift may be required to trial, under penalty of invalidity, without the accused has given evidence or attesting that refused to provide it.Immediately after shall communicate its opinion to the examining magistrate. If this is not in accordance with the same, shall be as established by the second paragraph of article 348.Otherwise, will dictate the dismissal or action shall be taken pursuant to articles 349 and following of this Code.TITLE IIIevidenceCHAPTER Ijudicial inspection and reconstruction of the fact

Art judicial inspection. 216. - The judge of instruction shall, through the inspection of persons, places and things, trails and other material effects that the fact has ceased; the will describe in detail and, where possible, collect or retain the evidence useful.Absence ofArt traces. 217. - If the fact left no traces or did not produce material effects, or if they disappeared or were altered, the judge will describe the current status and, if possible, verify the above. In the event of loss or alteration will investigate and will record the mode, time and cause of it.Physical and mental examination(art. 218. - When it deems necessary, the judge may proceed to the physical and mental examination of the accused, while ensuring that as much as possible, we respect your modesty.You can have equal measure with respect to another person, with the same limitation, in cases of serious and well-founded suspicion or of absolute necessity.If necessary, the inspection may be conducted with expert assistance.The act can only assist the ombudsman or a person of confidence of the examined, who will be previously warned of such a right.Art. 218 BIS. - Collection of deoxyribonucleic acid (DNA). The judge may order the obtaining of deoxyribonucleic acid (DNA), the accused or of another person, when it is necessary for your identification or for the finding of circumstances of importance for the investigation. This measure should be dictated by auto express was founded where, under penalty of invalidity, the reasons for its necessity, proportionality and reasonableness in the specific case.48

For such purposes, shall be admissible minimum extractions of blood, saliva, skin, hair or other biological samples, to be carried out according to the rules of medical knowledge, where it is not to fear any harm to the physical integrity of the person on the need to be measured, according to the common experience and opinion of the expert in charge of the intervention.

The same will be practiced the least damaging to the person and without affecting its modesty, especially taking into consideration their gender, and other special circumstances. The use of coercive powers on the affected by the measure may in no case exceed the strictly necessary for its realization.If the judge considers it desirable, and whenever it is possible to achieve equal certainty with the result of the measure, you can sort the obtaining of deoxyribonucleic acid (DNA) by means other than through the inspection of their body, such as the abduction of objects that contain cells already sloughed off of the body, for which they may be ordered measures such as registration or requisition house staff.Likewise, when in a offense of public action is required to obtain deoxyribonucleic acid (DNA) of the alleged victim of the crime, the measure ordered will be carried out taking into account such condition, in order to prevent their victimization and to safeguard the specific rights that you have. For this purpose, if the victim is opposed to the implementation of the measures indicated in the second paragraph, the judge will proceed as described in the fourth paragraph.In any case be governed the prohibitions contained in article 242 and the faculty of abstention of article 243.(Article incorporated by art. 1 Of the Act No. 26,549 B. O. 27/11/ 2009)coercive powersArticle. 219. - To perform the inspection, the judge may order that during the diligence does not leave the people that have been found in the place, or that appear immediately any other. Those who do not obey will incur the responsibility of the witnesses, without prejudice to be compelled by the public force.Identification of the deadArt. 220. - If the instruction is effected by cause of violent death or suspected of crime and the extinct is unknown, prior to the burial of the corpse or after his exhumation, made the corresponding description, identified by witnesses and take their digital prints.When by the means indicated no longer obtain the identification and the condition of the body allows, this will be exposed to the public before the autopsy to be practiced so that anyone who has information that can contribute to the recognition the communicated to the judge.Reconstruction of the factArt. 221. - The judge may order the reconstruction of the event to verify if there was or could be done in a particular way.May not be bound to the accused to intervene in the reconstruction, but shall have the right to request it.Technical Operations49

Art. 222. - To enhance the effectiveness of the inspections and reconstructions, the judge may order all of the technical operations and scientific convenient.

Art 50 Oath. 223. - The witnesses, experts and interpreters who are involved in acts of inspection or reconstruction, must take an oath, under pain of nullity.CHAPTER IIhouse searches and requisition staff

Art Registry. 224. - If any reason to assume that a certain place there are things related to the investigation of crime, or that there may be the arrest of the accused or of another person who has fled or is suspected of crime, the judge will order by auto founded the registry of that place.The judge may proceed personally or by delegating the diligence in the prosecutor or the officials of the police or security forces. In the case of delegation, shall issue a written search warrant, which must contain: the identification of cause in the pound; the specific indication of the place or places that will have to be registered; the purpose for which you will practice the registration and the authority that will be carried out. The official issuing a mint would act as governed by articles 138 and 139 of this Code.In the event of an emergency, when a delegation of the diligence, the communication of the order who are entrusted the search may be conducted by electronic means. The recipient of the order shall immediately their reception as Judge issuer and corroborate that the data in the order and referred to in the previous paragraph, are correct. You can use the digital signature. The Supreme Court of Justice of the nation or the body that is delegated such authority, will regulate the precautions to be taken to ensure the seriousness, certainty and authenticity of the procedure. (Paragraph incorporated by art. 5° Of the Law No. 25,760 B. O.11/8/ 2003)When by exist clear risk to the safety of witnesses of the procedure, necessary that the preventive authority first enter the place, the record of this explanatory in the act, under pain of nullity.If in strict compliance with the search warrant, you will find objects that demonstrate the commission of a crime other than the reason the order, shall be to his kidnapping and will inform the judge or prosecutor responder.(Article replaced by art. 3° Of the Law No. 25,434 B. O. 19/6/ 2001)BurglaryArt. 225. - When the record is to be carried out in a place inhabited or its dependencies closed, the diligence may only be made from that exit until the sun sets.

However, it may be carried out at any time when the person concerned or his representative agrees, or in extremely serious and urgent cases, or when public order is endangered.Search for other local

Art 51. 226. - What has been established in the first paragraph of the preceding article shall not apply to public buildings and administrative offices, meeting places or recreational establishments, the local associations or any other closed place not intended for room or private residence.In these cases must be reported to the persons in charge of the premises, except that it may be harmful to the investigation.For the entry and registration in the Congress, the judge shall require the authorization of the president of the respective Chamber.Search without a warrantArticle. 227. - Notwithstanding the preceding articles, the police may proceed to the burglary without prior judicial order when:1 °) by fire, explosion, flood, or other havoc is unavailable or threatened the life of the inhabitants or the property.2 °) denounces it strange that people have been seen while they were introduced in a home or local, with manifest signs of go to commit a crime.3 °) will enter in a local house or accused of any offense to those who are persecuted for their arrest.4 °) voices coming from a house or local anunciaren that there is committing a crime or seek relief.5 °) has good reason to suspect that in a home or local is the victim of unlawful deprivation of freedom and be at imminent risk their life or physical integrity (article 34 paragraph 7 of the Penal Code of the Nation). The representative of the Public Prosecutor's Office shall authorize the diligence and will need to be presence in the place. (Incorporated by art. 6° The Law No. 25,760 B. O. 11/8/ 2003)formalities for the raidArticle. 228. - The search warrant shall be notified to the that they may dwell or possesses the place where it is to be carried out or, when absent, your manager or, in the absence of this, to any person of full age who shall be found in the place, preferring to the family of the first. The notified will be invited to witness the search.When will I find to be not nobody, this shall be recorded in the minutes.Practiced registration, shall be recorded in the minutes your result, with expression of the circumstances useful for research.The minutes shall be signed by the concurrent. If someone fails to do so will be the reason.Authorization of the registerArticle. 229. - When for the performance of their functions, or for reasons of hygiene, morality and public order any competent authority may need to house

searches, will ask the judge for a search warrant by expressing the foundations of the order. To resolve the request, the judge may require the information he deems necessary.

Art 52 Requisition staff. 230. - The judge will order a person to be searched, by decree founded, provided there is sufficient reason to believe that hidden in your body related things with a crime. Before proceeding to the measure may be invited to produce the object in question.The searches were carried out separately, while respecting the modesty of the people. If the person being searched on a woman shall be conducted by another.The operation shall be recorded in the minutes that will sign the requisitioned; if the farmer has not, the cause will be indicated. The refusal of the person to be the subject of the search did not preclude this, except that mediaren justified causes.Article 230 bis. - The officials of the police and security force, without a warrant, may commandeer to the people and inspect the personal effects that carry with them, as well as the interior of the vehicles, aircraft and ships, of any kind, in order to find the existence of things probably coming from or constitute a crime or of elements that could be used in the commission of a criminal act according to the particular circumstances of their discovery provided that they are carried out:a) with the concurrence of circumstances prior or concomitant than reasonable and objectively to justify these measures with respect to person or vehicle determined; and,b) on the public highway or in places of public access.The requisition or inspection will be carried out, in accordance with the terms of the 2nd and 3rd paragraph of article 230, shall be carried out the kidnapping of article 231, and mint would act in accordance with the provisions of articles 138 and 139, and must inform the measure immediately to the judge that otherwise that corresponds accordingly.When it comes to operating a public of prevention may proceed to the inspection of vehicles.(Article incorporated by art. 4° Of the Law No. 25,434 B. O. 19/6/ 2001)CHAPTER IIIKidnappingof abductionArt Order. 231. - The judge may order the abduction of things related to the crime, the subject to confiscation or those that may serve as evidence.However, this measure will be prepared and served by the officials of the police or security forces, when the discovery of these things was the result of a search or a search or inspection staff in the terms of article 230 bis, leaving, recorded in the

deed and realizing immediate the procedure performed with the judge or the prosecutor involved.(Article replaced by art. 5° Of the Law No. 25,434 B. O. 19/6/ 2001)53

Order ofArt presentation. 232. - Instead of having the kidnapping the judge may, when appropriate, the presentation of the subject or documents referred to in the preceding article; but this order will not be able to target people who can or should refrain from testifying as witnesses on the grounds of kinship, professional secrecy or State.Custody of the kidnappedArt object. 233. - The abducted effects shall be inventoried and posts, under secure custody, available to the court. If necessary your tank may be available.The judge may order the obtaining copies or reproductions of the abducted when these things can disappear, be altered, would be difficult custody or have agreed to the statement.The alia kidnapped will be secured with the seal of the court and with the signature of the judge and secretary, and should sign the documents in each of their leaves.If necessary remove the labels, you first verify your identity and integrity.Completed the act, those will be spare parts and everything is recorded.Interception of correspondenceArt. 234. - Whenever it deems it useful for checking the offense, the judge may order, using auto founded, interception and the kidnapping of the postal and telegraphic correspondence or any other article sent by or to the accused, albeit under assumed name.Opening and consideration of correspondence. KidnappingArt. 235. - Received the correspondence or the effects intercepted, the judge will proceed to open in the presence of the secretary, making it recorded in the minutes. Examine the objects and read, yes, the content of the correspondence.If they have any relationship with the process, ordered the kidnapping; otherwise, it will keep in reserve your content and you will have the delivery to the recipient, their representatives or close relatives.Telephone tappingArt. 236. - The judge may order, using auto founded, the intervention of telephone communications or any other means of communication of the accused, to prevent them or know them.Under the same conditions, the judge may also order the obtaining of the records that any of the communications of the defendant or of those who communicate with the. (Paragraph incorporated by art. 7° Of the Law No. 25,760 B. O. 11/8/ 2003)in the causes that investigate any of the offenses set forth in articles 142a and 170 of the Penal Code of the nation, or processed in a related manner with those, when

there was danger in delay, duly justified, such powers may be exercised by the representative of the Public Prosecutor's Office, through auto founded, immediate communication with the judge, who must be validated in the term extendable deadline of twenty54

hours, under penalty of nullity of the act and consequent ineffectiveness of the test introduced from the. (Paragraph incorporated by art. 7° Of the Law No. 25,760 B. O. 11/8/ 2003)excluded documents of abductionArt. 237. - May not be confiscated the letters or documents that are sent or delivered to defense lawyers for the performance of his duties.ReturnArt. 238. -Removed objects which are not subject to confiscation, restitution, or however, will be returned as soon as they are not necessary, to the person whose power is removed. This may be ordered returned provisionally in quality of tank, and the person holding the obligation to exhibit them whenever he is required to do so. The effects removed will be returned, in the same conditions, the survivor, except that this is contrary to the possessor in good faith in whose power they had been abducted. In the case of motor vehicles, shall apply the provisions of Article 10b of the Law 20,785 .(Article replaced by art. 7° Of the Law No. 26,348 , B. O. 21/1/ 2008)drawbackArt of real estate. 238 Bis. - In cases of infringement of Article 181 of the Penal Code, in any state of the process and even without dictation of indictment, the judge, at the request of the victim, may provisionally order the immediate reinstatement of the possession of the property, when the right claimed by the survivor is credible. The judge could set a bond if it considers it necessary.(Article incorporated by art. 1 Of the Act No. 25,324 B. O. 10/13/ 2000)CHAPTER IVWitnessesDuty to interrogateArt. 239. - The judge ask any person who knows the facts investigated, when his statement may be useful to discover the truth.Obligation to testifyArt. 240. - Every person shall have the obligation to attend judicial appeal and declare the truth of what he knew and he is asked, subject to the exceptions established by law.Ability to testify andart appreciation. 241. - Any person will be able to testify, without prejudice to the faculty of the judge to assess the testimony in accordance with the rules of sound criticism.Prohibition of

Art. 242. - May not testify against the accused, under penalty of invalidity, your spouse, ascendants, descendants or brothers, unless the offense appears to have been committed to prejudice55

witness or a relative of a grade equal to or more next than the league with the accused.56

Art Faculty of abstention. 243. - May refrain from testimony against the accused his collateral relatives up to the fourth degree of consanguinity or affinity second; their guardians and wards, unless the witness is complainant, complainant or civil actor or that the offense appears to have been committed to their detriment or against a relative of a grade equal to or more next than the league with the accused.Prior to the declaration, and under penalty of invalidity, the judge will warn those people who enjoy that faculty, of what is recorded.Duty of abstentionArt. 244. - Shall refrain from declaring on the facts that secrets have come to their knowledge by virtue of their status, occupation or profession, under penalty of invalidity: ministers of religion admitted; lawyers, attorneys and notaries; doctors, pharmacists, midwives and other ancillary of the art of healing; the military and government officials on State secrets.However, such persons may not deny their testimony when they are released from secrecy by the interested party, except those mentioned in first term.If the warning light raises erroneously that duty with regard to a fact that cannot be understood in the, the judge shall, without more, to interrogate him.CitationArticle. 245. - For the examination of witnesses, the judge shall issue summons pursuant to article 154, except for the cases provided for in articles 250 and 251.However, in case of emergency, may be cited by any means, including orally.The witness may also occur spontaneously, which shall be stated.Statement by calledArt or commandment. 246. - When the witness resides in a distant part of the court or difficult means of transport, commitment the declaration of the one, by called or commandment to the judicial authority of his residence, except that the judge deems necessary to do so brought in because of the seriousness of the offense under

investigation and the importance of the testimony. In this case shall be reasonably compensation that corresponds to the quoted.CompulsionArt. 247. - If the witness is not submitted to the first summons, shall proceed in accordance with article 154, without prejudice to its prosecution where appropriate.If after appearing the witness refuses to testify, will be available until his arrest by two (2) days, after which, when persists in the negative, will start against the criminal case.

Art 57 immediate arrest. 248. - May be ordered the immediate arrest of a witness when you lack of domicile or there is fear that is founded of hide, fugitive or absent. This measure will take the time required to receive the statement, which never exceed twenty-four (24) hours.The declaration form ofart. 249. - Before you begin the statement, the witness will be instructed about the penalties for perjury and shall take an oath to tell the truth, with the exception of the imputable minors and condemned as sharers of the offense under investigation or other related.The judge questioned separately to each witness, requiring your first name, last name, marital status, age, profession, domicile, kinship ties and of interest to the parties and any other circumstances that will serve to assess their veracity.After this will ask about the made in accordance with the provisions in article 118.For each statement making a record in accordance with articles 138 and 139.Special TreatmentArticle. 250. - Shall not be obliged to appear the president and vice president of the Nation; the governors and deputy governors of provinces; the head and deputy head of Government of the Autonomous City of Buenos Aires, the ministers and national and provincial legislators; members of the Judiciary of the Nation and the provinces; the ministers diplomats and consuls general; senior armed forces officers from the rank of colonel or its equivalent, in activity; the high dignitaries of the Church and the rectors of universities officers. (Paragraph replaced by art. 26 Of Annex I of the Act No. 26,394 B. O. 29/8/2008.Duration: will begin to govern to the six (6) months of its promulgation. During this period will be carried out in the relevant areas a training and outreach program on its content and application)according to the importance that the judge to attribute to his testimony and the place they are, those people declared at his official residence, where he will be relocated, or by a written report, in which expressed that testify under oath.The witnesses listed may waive this special treatment.

Art. 250 Bis. - When it comes to victims of the offenses under the Criminal Code, book II, Title I, chapter II, and title III, which in the date on which required his appearance have not attained the age of 16 years will follow the following procedure: (a) minors only referred will be interviewed by a psychologist who specializes in children and/or adolescents designated by the court to order the measure, but may in no case be questioned directly by the court or the parties;(b) The act will be carried out in a cabinet with the conditioning implements appropriate to the age and developmental stage of the minor;c) In the period that the court has, the physician will raise A detailed report with the conclusions that arrive;58

d) at the request of a party or if the court would have ex officio, the alternatives of the act may be followed from the outside of the enclosure through mirrored glass, microphone, video equipment or any other technical means available. In that case, prior to the initiation of the Act the court shall make known to the professional in charge of the interview concerns the proposals by the parties, as well as those that arise during the course of the act, which will be channeled taking into account the characteristics of the fact and the emotional state of the minor.When it comes to acts of recognition of places and/or things, the less will be accompanied by the professional designated by the court but may in no case be present the accused.(Article incorporated by art. 1 Of the Act No. 25,852 B. O. 8/1/ 2004)Art. 250 Ter. - When it comes to victims provided for in article 250 bis, which, as of the date of its appearance be required have attained the age of 16 years of age and have not reached the age of 18, the court prior to the receipt of the witness, will require specialist report on the existence of a risk to the psycho-physical health of the child in case of appearing before the courts. If so, shall be in accordance with the provisions in article 250 bis.(Article incorporated by art. 2° Of the Law No. 25,852 B. O. 8/1/ 2004)Review at homeArt. 251. - Persons who are not able to attend court, being physically disabled, they will be examined at your home or place of accommodation or internment.False testimonyArt. 252. - If a witness willful presumably on false testimony will be sorted the relevant copies and send them to the competent judge, without prejudice to be ordered his arrest.CHAPTER VExpertsauthority to order the

art skills. 253. - The judge may order skills always to know or appreciate some relevant facts or circumstances to the cause, may be necessary or expedient special expertise in any science, art or technique.

Art enabling quality. 254. - The experts must have title of such in the subject to which belongs the point on which have been issued and be registered with the lists formed by the competent judicial body. If she is not regulated the profession, or has not registered nurses or registered experts, shall be designated a person of knowledge or practice recognized.DisabilityArt and incompatibility. 255. - May Not be experts: the incapable; which must or may refrain from testifying as witnesses or who have been referred to as such in the case; those who have been removed from the register by respective punishment; those convicted or impeached.59

Excusing and disqualificationArt. 256. - Without prejudice to the provisions of the preceding article, are legal grounds for excusing and disqualification of the experts established for the judges.The incident will be resolved by the judge, after hearing the applicant, after preliminary investigation, without any recourse.Compulsory chargeArt. 257. - The expert shall be designated as the duty to accept and faithfully carry out the post, except that he has a serious impediment. In this case, you must inform the judge, to be notified of the appointment.If not acudiere to the summons or does not submit the report in a timely manner, without justifiable cause, shall be liable to the responsibilities as outlined for the witnesses by articles 154 and 247.The experts do not accept the official oath of office on.Appointment and notificationArt. 258. - The judge will appoint ex officio to an expert, unless deemed essential that more. It will be held between the having the character of official experts; if there are none, among the public officials who, by reason of their bachelor's or professional competence, are enabled to give an opinion about the fact or circumstance that you want to establish.This resolution shall notify the prosecutor, the complainant and to the defenders before operations begin expert, under penalty of invalidity, unless there is great urgency or that the inquiry is extremely simple.In these cases, under the same penalty, you will be notified that the expertise, they can make their results look through another expert and ask, if possible, their reproduction.

Art Faculty to propose. 259. - In the term of three (3) days of the respective notifications referred to in the preceding article, each party may propose, at its own expense, another expert witness legally authorized, in accordance with the provisions of article 254.

Art Directives. 260. - The judge will direct the expertise, formulated specifically to elucidate the issues, set a time limit in which has issued the expert and, if he thinks fit, shall attend the operations.It may also authorise the expert to examine the proceedings or to attend certain procedural acts.Conservation ofart objects. 261. - Both the judge and the experts will ensure that the things to consider are preserved as far as possible, so that the expertise can be repeated.60

If necessary destroy or alter the objects analyzed or any discrepancies on how to conduct the operations, the experts must inform the judge before proceeding.Execution. NewArt Experts. 262. - The experts practicing the united review, should discuss meeting by secret ballot, to which only be able to attend the judge, and if they so agree be drafted its report in common. Otherwise, will be separately their respective opinions.If the reports discreparen primarily, the judge may appoint more experts, according to the importance of the case, for review and report on their merit or, if feasible and necessary, carry out again the expertise.Opinion andart appreciation. 263. - The expert opinion may be issued by written report or be included in the record and shall include, as far as possible:1 °) The description of the persons, places, things or events discussed in the conditions in which they have been found.2 °) a detailed account of all the operations performed and their results.3 °) The conclusions reached by the experts in accordance with the principles of the science, art or technique.4 °) date and place in which the operations were performed. The judge will assess the expertise in accordance with the rules of sound criticism.Autopsy neededArt. 264. - In any case of violent death or suspected of crime is ordered the autopsy, except that by the external inspection it becomes clear the cause of death.Collating documentsRule. 265. - When you try to examine any document or crosscheck, the judge will order the presentation of the scriptures in comparison, private writings may be used if there are no doubts about its authenticity. For the obtaining of these writings may provide for the abduction, except that its holder is a person has doubts about its authenticity. For the obtaining of these writings may provide for the abduction,

except that its holder is a person who has or will be able to refrain from testifying as a witness.The judge may also order any of the parties forming the body of writing. The refusal of the record.

Art Reserve and sanctions. 266. - The expert shall save booking of everything is seised with reason of its performance.The judge may be corrected with disciplinary measures the negligence, misconduct or poor performance by the experts and even replace them without prejudice to the criminal liability that may be.

Article 61 Fees. 267. - The experts appointed ex officio or upon the request of the public prosecutor shall have the right to charge a fee, unless they have salary by official positions held by virtue of specific knowledge in the science, art or technique that the expertise required.The expert appointed at the request of a party you can cash them always, directly to this or a convict on coasts.CHAPTER VIInterpretersDesignationArt. 268. - The judge shall appoint an interpreter when necessary translate documents or statements that, respectively, are or should be given in a language other than the national, even when you have personal knowledge of that.The declarant may write his statement, which will be added to the minutes together with the translation.Rules applicableArt. 269. - In regard to the ability to become an interpreter, incompatibility, excusing, disqualification, rights and duties, terms, reserve and disciplinary sanctions, shall govern the provisions relating to the experts.CHAPTER VII

casesArt Surveys. 270. - The judge may order that the examination of a person, to identify or establish that the person who mentions it or alludes, actually know it, or has ever seen.Recognition shall be effected by technical means, by witnesses or any other, immediately if possible, with the warning to be sanctioned the judicial body that the applicant fails to do so.Interrogation prior

art. 271. - Prior to recognition, who has been practicing will be interrogated for to describe the person in question and to read if before this act has known or seen personally or in image.The declarant shall take an oath, with the exception of the accused.

Art Form. 272. - The diligence of recognition will be practiced immediately of the interrogation by placing the viewpoint that has been verified, along with other two or more persons of similar external conditions, which must be identified or recognized, who will choose placement on the wheel.62

In the presence of all of them, or from where it cannot be seen, according to the judge deems it appropriate, the need to practice the recognition express if you are in the wheel the person to whom he has reference, invitandoselo to that, if so, the designate clearly and precisely and show the differences and similarities that emerges between your current state and the one presented at the time referred to his statement. The diligence shall be recorded in the minutes, miscelleaneous useful all the circumstances, including the name and address of those who have formed the wheel.Plurality ofart appreciation. 273. - When several people have to identify or recognize a, each recognition will be practiced separately without those that communicate with each other, but you can carve out a single act. Where several persons that a need to identify or recognize, may be the recognition of all in a single act.

Art Appreciation for photography. 274. - When it is necessary to identify or recognize a person who is not present and cannot be given, and she was pictures, will be presented, with other similar of different people, which should perform the recognition. In all other respects, shall comply with the foregoing provisions.Recognition of thingsArt. 275. - Before the recognition of one thing the judge shall invite the person to do this that describing it.In the other and as far as possible, shall govern the rules above.CHAPTER VIIIconfrontations

Art provenance. 276. - The judge may order the confrontation of people in their statements have disagreed with him on important facts or circumstances, or when it deems useful. The defendant may also apply, but may not be compelled to be confronted.OathArt. 277. - The to be decayed they shall take an oath before the event, under pain of nullity, with the exception of the accused.

Art Form. 278. - The confrontation will be checked by general rule between two people. The accused may attend their ombudsman.To do this will be read, in the relevant statements that what they perceive as contradictory and will be brought to the attention of the decayed on the discrepancies, in order to reconvengan or seek to agree. In the ratification or rework it shall be recorded, as well as of the counter that will make the decayed and as soon as in the act from happening; but no references will be made to the impressions of the judge about the attitude of the decayed.63

TITLE IVSituation of the accusedCHAPTER IPresentation and appearance)spontaneousArt presentation. 279. - The person against whom was initiated or is about to begin a process, may be filed with the competent judge in order to declare. If the declaration is received in the manner prescribed for the investigation, will be used as such to any effect. The presentation does not prevent spontaneous ordering the detention, when appropriate.Restriction of the freedomArt. 280. - Personal freedom may be restricted only in accordance with the provisions of this Code, in the limits which are absolutely essential to ensure the discovery of the truth and the implementation of the law.The arrest or detention must be carried out with the least possible harm to the person and reputation of the individuals concerned, and with a record that these sign, if they are capable, informing them of the reason for the procedure, the place where they are to be taken, and the judge who will speak.ArrestArt. 281. - When for the first time, the investigation of the fact that several people have participated, it is not possible to identify those responsible and to the witnesses, and can not be left to proceed without danger to the instruction, the judge may order that the present shall not depart from the place or communicate with one another before they make a statement, and even order an arrest if absolutely necessary.Both measures cannot be extended longer than is strictly necessary to receive the statements, which shall be done without delay and do not last more than eight (8) hours. However, it may extend this deadline for eight (8) hours, by car, if special circumstances so require.After this period may be ordered, if necessary, the arrest of a suspect.Citation

Article. 282. - When the offense being investigated is not punished with imprisonment of freedom or a suspended sentence appears to be appropriate, the judge, except in cases of flagrante delicto, ordered the accused to appear by simple summons.If the summoned does not appear in the term or show that he has been a legitimate impediment, will be ordered his arrest.

Art detention. 283. - Except as provided for in the previous article, the judge shall issue a detention order for the accused to be brought to their presence, provided there is reason to receive the accused.64

The order shall be in written form and will contain personal data of the accused or others that serve to identify him and the fact that it is attributed to him, and he shall be notified at the time the order is executed or immediately thereafter, in accordance with article 142.However, in cases of extreme urgency, the judge may issue the order verbally or by telegraph, this being recorded.Arrest without a warrantArticle. 284. - Officials and police auxiliaries have the duty to stop, even without a court order:1 °) to which I will try an offense of public action punishable by imprisonment of freedom, in the time available to commit it.2 °) to that fugare legally arrested.3 °) exceptionally to the person against whom any strong indications of guilt, and there is imminent danger of leakage or that there is a serious obstruction of the investigation and the only effect of bring him before the competent judge immediately to resolve his detention, and4 °) to anyone who is caught in flagrante delicto in the commission of an offense of public action punishable by imprisonment of freedom.Since this is a crime whose action depends upon private instance, immediately will be informed who will be able to promote it, and if this does not submit the complaint in the same act, the detainee must be released.Flagrante DelictoArt. 285. - It is considered to be in flagrante delicto when the perpetrator is surprised at the time of committing the offense or immediately after, or while he is being pursued by a police officer, the injured party or the public outcry; or while you have objects or presents traces that do boast vehemently that just participating in a crime.Presentation of the detaineeArt. 286. - The police officer or assistant who has carried out an arrest without a warrant, you must submit to the arrested immediately in a term not exceeding six (6) hours, before the competent judicial authority.Detention by a particular

article. 287. - In the cases provided for in subparagraphs 1, 2 and 4 of article 284; private individuals will be empowered to arrest, and shall immediately deliver the detainee to the judicial authority or police.65

CHAPTER IIresistance of the accusedcases whereArt. 288. - Will be declared a defendant who rebel without a serious and legitimate impediment fails to appear at a court summons, or fugare the establishment or place in which it is unavailable or stopped, or person abandons without license from the court, the place assigned to your residence.

Art Statement. 289. - After the end of the citation or proven the leak or the absence, the court shall declare the rebellion by car and be issued an arrest warrant, if not before has been handed down.Effects on theArt process. 290. - The declaration of rebellion does not suspend the course of the investigation. If it is declared during the trial, this will be suspended with regard to the rebellious and will continue for the rest of the accused present.Declared the rebellion, the proceedings will be reserved and the effects, instruments, or parts of conviction that it is essential that we maintain.The civil action may be filed in the respective headquarters. When the rebellious appearance, on their own will or by force, the cause will continue according to their state.Effects on the release and the coastArt. 291. - The declaration of rebellion will involve the reversal of the release and it will force the defendant to pay the costs caused by the incident.

Art justification. 292. - If the accused is filed after the declaration of their rebellion and he proves that went not up to that time to the subpoena because of a serious and legitimate impediment, that will be revoked and will not have the effects set forth in the preceding article.CHAPTER IIISuspension of the evidentiary processArt. 293. - In the opportunity that the criminal law permits the suspension of the persecution, the competent court may grant the benefit, in single hearing, where the parties have the right to express themselves.When this happens, the competent judicial body in the same audience will specifically the instructions and impositions that should be subject to the accused and must immediately inform the judge of implementing the resolution that submits to the accused to the test.

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CHAPTER IVInvestigationProvenance and wordArt. 294. - When there are sufficient grounds to suspect that a person has participated in the commission of a crime, the judge will proceed to question him; if he is arrested, immediately or at the latest at the end of twenty-four (24) hours since his arrest. This term may be extended by another both when the judge has not been able to receive the statement, or if the accused requests him to appoint a lawyer.

Art Assistance. 295. - The statement of the accused may only attend his counsel, and the public prosecutor. The accused shall be informed of this right before you start with your statement.Freedom to declareArt. 296. - The accused may refrain from testifying. In any case you will be required to take an oath or promise to tell the truth, nor may any coercion or threat nor any means to compel, induce or determine to testify against his will or you will be charged or counterclaims to extract a confession from him.Failure to comply with this provision will nullify the act, without prejudice to the criminal or disciplinary responsibility, as appropriate.Identification QuestioningArt. 297. - After proceed to the provisions of articles 107, 197, 295 and 296, the judge shall invite the defendant to give his first name, last name, nickname or nickname, if any; age, marital status, occupation, nationality, place of birth, major homes, places of residence and previous conditions of life; if he knows how to read and write; name, marital status, and profession of the parents; if it has been processed, and in his case, for what cause, by that court, that judgment was and if she was fulfilled.PriorArt formalities. 298. - Finished the interrogation of identification, the judge shall inform the accused in detail which is the fact that it is attributed to him, what are the existing evidence against him and that he can refrain from making a statement, without his silence implying a presumption of guilt.If the accused refuses to testify, this shall be recorded in the minutes. If he refuses to sign it, the grounds shall be recorded.The inquiry form ofart. 299. - If the accused does not object to testify, the judge shall invite him to express whatever he feels is appropriate in defense or clarification of the facts and to indicate the evidence as it deems appropriate. Unless the accused prefers to dictate his statement, it will be faithfully recorded; as far as possible, with the same words.

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After this, the judge may ask the inquired about the questions that it considers appropriate, in clear and precise manner, never or tendentious. The declarant may dictate the answers, which will not be urged upon him. The public prosecutor and the defense shall have the duties and powers to them under articles 198 and 203.If for the duration of the accused shows signs of fatigue or lack of serenity in the accused, the statement shall be suspended until they disappear.

Art information to the accused. 300. - Before completion of the unsworn statement, or after refusing the accused to testify, the judge shall inform him of the legal provisions on provisional release.

Art Act. 301. - Completion of the investigation, the minutes shall be read aloud by the secretary, under penalty of nullity, and this will mention, without prejudice to also read the defendant and his counsel.If the declarant wants to conclude or amend something, its manifestations will be appropriated without altering what you have written.The minutes shall be signed by all present.If any of them cannot or does not chooses to do so, this will be stated in the record and shall not affect the validity of that. The accused has the right to initial all the pages of his statement, either in person or through his counsel.

Art separate inquiries. 302. - When they have several suspects in the same cause, the inquiries will be received separately, thus avoiding that communicate before all have declared.SpontaneousArt statements. 303. - The accused may declare as many times as you wish, provided that his statement is relevant and not only appear as a dilatory procedure or disturbing.In addition, the judge may have to expand that, whenever it deems it necessary.Research by the judgeArt. 304. - The judge must investigate all the facts and circumstances relevant and useful to that has been referred to by the accused.Identification and backgroundArt. 305. - Received the inquest, the judge shall be forwarded to the respective office personal data of the accused and order that is appropriate to their identification.68

CHAPTER VProcessingTerm andArt requirements. 306. - In the term of ten (10) days of the inquest, the judge will order the processing of the accused provided that he has sufficient evidence to estimate that there is an offense and he is guilty as an accomplice in this.PriorArt Inquiry. 307. - Under penalty of nullity may be ordered the prosecution of the accused without having been received inquiry, or without stating his refusal to testify.

Art Form and content. 308. - The indictment will be ready by auto, which shall contain, under penalty of invalidity, the personal data of the defendant or, if ignoraren, which serve to identify it; a brief statement of the facts that are conferred and the grounds on which the decision is based, and the legal classification of the offense, by appointment of the applicable provisions.Lack of meritArt. 309. - When, in the term fixed by article 306, the judge considers that there is no merit to sort the processing nor of proceedings, he shall issue an order to so declare, without prejudice to the continuation of the investigation, and you will have the freedom of the detainees after verification of the domicile.Processing without remandArt. 310. - When the indictment without preventive detention, not meet the requirements of article 312, shall be left or placed on bail to the defendant and the judge may order him not to leave or go to a particular site or that is present at a certain authority in the regular dates to his attention. If any specific disqualification is applicable, the judge may also order to refrain from the activity.In the processes of any of the offenses referred to in the second book, parts I, II, III, V and VI, and title V, section I of the Penal Code committed within a family group cohabitee, although would consist of de facto unions, and the circumstances of the case till they do reasonably presume that can be repeated, the judge may issue a restraining order for the exclusion of the home of the accused. If the accused person duties of family assistance and the exclusion doeth jeopardized the livelihoods of the Fed, they will be carried to the advisor for minors to promote the corresponding actions. (Paragraph incorporated by art. 8 Of Law No. 24,417 B. O. 3/1/ 1995)nature andart resources. 311. - The indictments and lack of merit, may be revoked and reformed ex officio during the instruction. Against them only may be brought without appeal suspensive effect; the first, by the accused or the public prosecutor's office; the second, by the latter and the plaintiff.

Art 69. 311 BIS. - In cases of infringement of the arts. 84 And 94 of the Criminal Code, when injuries or death are the result of the use of motor vehicles, the judge may in the indictment temporarily disable the defendant for driving, reteniendole for this purpose, the license and communicating the enabling resolution to the National Register of background of the transit.This precautionary measure will last at least three months and can be extended for periods of not less than a month, until a verdict is rendered. The extent and its extensions can be revoked or appealed.The effective period of interim disqualification can be computed for the enforcement of the sanction of disqualification only if the accused approve a course of those referred to in article 83, paragraph (d), of the Law of transit and Road Safety.(Article incorporated by art. 93 Of Law No. 24,449 B. O. 10/2/ 1995)CHAPTER VIremand

Art provenance. 312. - The judge will order the detention of the accused at the dictate of the indictment, except that confirms in his case the interim release that before granted when:1 °) to the offense or the contest of crimes attributed to him appropriate custodial sentence and the judge deems, prima facie, that shall not condemnation of conditional execution.2 °) Although appropriate custodial sentence of freedom that allows us to a conditional sentence, if it does not grant the temporary freedom, according to the provisions of article 319.

Art treatment of prisoners. 313. - Except as otherwise provided by the following article, which they were subjected to preventive detention will be housed in different establishments to the prisoners. There will be separation on the grounds of sex, age, education, history and nature of the crime attributed to them.Will be able to obtain, at their own expense, the amenities that do not affect the prison system and the health care they need, without prejudice to the free that should assist them to the place where you stay, through their doctors official, receive periodic private visits without distinction of sex, in the conditions that set the relevant rules and use the means of correspondence, subject to the restrictions imposed by law.The judges may authorise, founded by resolution, to leave the facility and be transported in secure custody, to fulfill their moral duties in the event of death or serious illness of a close relative, by the time that reasonably be determined.PrisonArt home. 314. - The judge will order the house arrest of the persons to whom you can correspond, in accordance with the Penal Code, compliance with the term of imprisonment in the home.

Art 70 minors. 315. - The provisions on preventive detention not be governed with respect to the age of eighteen (18) years, benefitting applicable the corresponding rules of their specific legislation.CHAPTER VIIExemption from prison.Exemption of prison release.Art provenance. 316. - Any person who is considered to be accused of a crime, in a particular criminal case, whatever the state in which the person is and until such time as pre-trial, may, by itself or by a third party, ask the judge to consider exempting him from prison.The judge shall determine the or the facts of the case, and when the accused is liable to not more than eight (8) years of deprivation of liberty, may exempt the accused from prison. However, the judge may also do so if he believes there are prima facie grounds for a suspended sentence, except that he might be charged with any offenses within the scope of the arts. 139, 139 and 146 bis of the Penal Code. (Expression "... , except that he might be charged with any offenses within the scope of the arts. 139, 139 and 146 bis of the Penal Code" built by art. 12 Of Law No. 24,410 B. O. 2/1/ 1995)If the judge is unknown, the request may be made to the judge on duty, who will determine the judge and shall, if appropriate, the request.Release.Art provenance. 317. - The release may be granted:1 °) in the assumptions that correspond the exemption from prison.2 °) when the accused has been fulfilled in preventive detention or imprisonment the maximum punishment under the Penal Code for or crimes that are conferred upon it.3 °) when the accused has been fulfilled in preventive detention or imprisonment the penalty requested by the prosecutor, who at first sight proves adequate.4 °) when the defendant has served the sentence not firm.5 °) when the defendant has met in detention or preventive detention for a time that, having been condemned, would have allowed for parole, always that had been seen the prison regulations.Release.Art Opportunity. 318. - The release will be agreed in any state of the process on its own motion or at the request of the defendant or his counsel or when the accused has appeared spontaneously or be cited in accordance with articles 279 and 282, respectively.71

When the request has been made before the indictment, the judge will take into account the legal classification of the fact that are assigned or appears to have committed, without prejudice to revoke or modify its decision to resolve the situation of the accused; whichever is later, will address the qualification set forth in the order.RestrictionsArticle. 319. - May be denied the exemption or release from prison, respecting the principle of innocence and article 2 of this Code, when the interim and objective assessment of the features of the fact, the possibility of the declaration of recidivism, the personal circumstances of the accused or if he has enjoyed releases Connittee assumed, reasonably, that the same will attempt to escape from the action of justice or interfere with the investigations.BondsArt. 320. - The exemption or release from custody will be granted, depending on the case, on their own recognizance, personal or real.The surety will be exclusive to ensure that the accused will fulfill the obligations imposed on him and orders of the court, and in his case, which will be submitted to the execution of the judgment of conviction.The judge will determine the bond so that constitutes a reason for the accused to refrain from violating their obligations.It is absolutely forbidden to attach a bail of impossible compliance for the accused, taking into account your personal situation, the characteristics of the attributed and their moral personality.Rule: recognizanceArt. 321. - Recognizance shall consist of the promise made under oath of the accused to faithfully fulfill the conditions imposed by the judge, who may impose the obligations laid down in article 310.RecognizanceArt. 322. - Personal surety shall consist of the obligation that the accused assume along with one or more guarantors solidarity to pay, in case of unavailability, the amount that the judge had set to grant a release.Capacity and solvency of the guarantorArt. 323. - You can be the guarantor that has the capacity to recruit, proving solvency enough and does not have granted more than five (5) deposits remaining.RealArt surety. 324. - The surety shall be constituted by depositing real money, public purposes or values contributions payable or by granting clothing or mortgages for the amount that the judge to determine.Funds and securities deposited shall be subject to special privilege for the fulfilment of the obligations from the surety.

This surety only 72 will be from when the circumstances of the case arose the ineffectiveness of the modalities of the two bonds considrs and that, by the economic nature of the crime attributed, according as the most appropriate.Form of theart security. 325. - The bonds will be awarded before ordered liberty, for the record, that will be subscribed to the registrar. In the event of mortgage tax, in addition will be added to the process, the title of property and prior report of law, the judge will order for auto registration of that in the Registry of mortgages.Form, domicile and notificationsArt. 326. - The accused and his guarantor shall establish domicile in the act of providing the surety, denouncing the real and the circumstances of work that might impose on the accused his absence from this for more than twenty (24) hours, which may not be altered without the permission of the judge concerned. The guarantor must be notified of resolutions relating to the obligations of the released from prison, and must immediately inform the judge reasonably whether fears the leak of the accused.Cancellation of the bondsArt. 327. - The surety will be canceled and the guarantees will be returned:1 °) when the accused, revoked the release, be constituted in prison within the term that was agreed.2 °) When you revoke the remand in custody are discontinued in the cause, being acquitted the accused or condemn it at conditionally.3 °) when the convicted person is present to fulfill the punishment or be arrested within the fixed term.ReplacementArt. 328. - If the guarantor cannot continue as such by reasonable grounds, may ask the judge to replace it with another person. You can also be replaced the bond.

Art Site. 329. - If the accused does not appear to be quoted or sustrajere to the execution of the sentence of imprisonment, the rostrum shall fix a period of no more than ten (10) days to appear, without prejudice to sort the capture. The resolution shall be notified to the guarantor and the accused apercibiendolos that bail shall be effective at the expiration of the term, if the second does not enter an appearance or not acquit a case of force majeure to prevent it.

Art effectiveness. 330. - The expiry of the period stipulated in the preceding article, the tribunal will have, according to the case and taking into account the provisions of article 326, second paragraph, the implementation of the guarantor, the transfer of the goods that were deposited in surety, to the Judicial Power of the Nation according to the provisions of article 3, subparagraph (d) of the law 23,853 , or the sale at a public auction of the mortgaged property or our imagination. For the liquidation of the bonds shall be in accordance with article 516.

Article 73 Proceedings. 331. - Incidents of exemption of imprisonment and release will be processed in separate rope.The request will be passed in view of the public prosecutor, which shall be issued forthwith, unless the judge by the difficulties of the case, grant you a term that can never be greater than twenty-four (24) hours. The judge will decide immediately.

Art Resources. 332. - The order granting or denying the waiver or release from custody shall be appealable by the public prosecutor, the defense counsel or the accused, without suspensive effect, within a period of twenty-four (24) hours.RevocationArt. 333. - The auto of exemption from detention or release shall be revocable ex officio or at the request of the prosecutor. Shall be revoked when the defendant does not comply with the obligations imposed or fails to appear to the so-called the judge without excuse quite or perform preparations of leak or when new circumstances require their detention.TITLE VDismissalOpportunityArt. 334. - The judge, in any state in the instruction, you can dictate the dismissal, total or partial, on its own motion, or at the request of a party, except in the case of article 336, paragraph 1, it would proceed in any state of the process.ScopeArt. 335. - The dismissal closes finally and irrevocably the process in relation to the accused person in whose favor dictates.

Art provenance. 336. - The dismissal will proceed when:1 °) The criminal action has been extinguished.2 °) The fact investigated was not committed.3 °) The fact investigated does not fit in a legal figure.4 °) The crime was not committed by the accused.5 °) average a cause of justification, insanity, blamelessness or an excuse an acquittal.In paragraphs 2, 3, 4 and 5, the judge will issue a statement that the process does not affect the good name and honor that has enjoyed the accused.74

Art Form. 337. - The dismissal shall be determined by auto founded, in analysing the causes in the order specified in the preceding article, wherever possible.May be appealed in the term of three (3) days by the public prosecutor's office, and the plaintiff, no suspensory effect.

You can also do so by the defendant or his counsel when there has been the order that sets the previous article, or when you are imposing to that a security measure.

Art effects. 338. - Decreed the nonsuit was ordered the release of the accused, if he is in custody, shall be carried out the appropriate communications to the National Registry of recidivism and Criminal Statistics, and if that is total, the closing of the file and the parts of conviction that not appropriate restitution.TITLE VIExceptions

Art classes. 339. - During the pre-trial proceedings, the parties may appeal the following exceptions of prior and special pronouncement:1 °) lack of jurisdiction or competence.2 °) Lack of action, because it could not be promoting or it was not legally promoted, or cannot be pursued, or he may be extinct the criminal action.If in two or more exceptions, shall be filed together.ProcessingArt. 340. - The exceptions shall be conducted and resolved by separate incident, without prejudice to continue the instruction.Shall be deducted from in writing and shall be offered in your case and under penalty of inadmissibility, the evidence to justify the facts on which they are based.The writing in that it is credited exceptions will view to the office of the attorney general and to other interested parties.TestArticle and resolution. 341. - Evacuated the vista ready by the previous article, the judge shall issue a ruling resolving first the exception of jurisdiction or competence; but if the exceptions are basaren in facts that must be tested, was previously ordered the receipt of the test with a term that may not exceed fifteen (15) days, after which the parties shall be summoned to a hearing for oral and briefly, make his defense. The act is dress it in a succinct manner.75

Lack of jurisdiction orArt competition. 342. - When it does happen to a lack of jurisdiction or competence, the judge shall refer the matter to the court concerned and will make available any detainees.Peremptory ExceptionsArticle. 343. - When it does happen to place a demurrer, it shall dismiss in the process and order the release of the accused that he is in custody.Special PleaArt. 344. - When it does happen to place a special plea, is ordered by the file of the process and the freedom of the accused, without prejudice to the declare the nullity

that correspond with the exception of acts unreproducible, will continue the cause once you save the formal impediment to the exercise of the action.

Art Resource. 345. - The car that resolve the exception may be appealed by the parties within a term of three (3) days.TITLE VIIof the closing statement and elevation viewView the complainant and the attorneyArt. 346. - When the judge has ordered the prosecution of the accused and considers completes the statement, it will be vista successively to the plaintiff and the fiscal agent for the term of six (6) days, which may be extended for another period equal in serious or complex cases.Opinion of the plaintiff attorney andArt. 347. - The plaintiff and the fiscal agent will impinge on the issue:1 °) If the instruction is complete, or otherwise, that proceedings it deems necessary.2 °) when the considers it complete, if applicable terminate or raise the case to trial.Lift the injunction to trial shall contain, under penalty of invalidity, the personal data of the accused; a relationship clear, precise and detailed statement of the facts, its legal classification and a succinct statement of the grounds on which it is based.Proposition of proceedingsArticle. 348. - If the plaintiff and the fiscal agent request evidentiary proceedings, the judge will practice provided that they are relevant and useful and, once completed, they will be refunded the summary to be issued in accordance with paragraph 2 of the preceding article.

The judge handed down 76 dismissal if disagrees with the required. To the contrary, be that I do not agree with the dismissal ordered by the prosecutor or is that only the complainant deemed that should raise the cause to trial, will be carried by six (6) days to the Court of Appeals. If it is understood that it is raising the cause to trial, deviate from the prosecutor responder e isntruira in this sense the public prosecutor to designate the prosecutor of the Chamber or that follow in order to turn.Powers of the defensearticle. 349. - Provided that the fiscal agent required to lift the trial, the findings of the opinions shall be notified to the Ombudsman of the accused, who may, in the term of six (6) days:1 °) deduce exceptions not filed prior.2 °) oppose the elevation to trial, urging the dismissal.If not apparent exceptions or opposition, the cause shall be forwarded by a simple decree, to declare closed the instruction, to the appropriate court, in the term of three (3) days of expiration of the previous deadline.

Art Incident. 350. - If the ombudsman apparent exceptions, shall be in accordance with the provisions of Title VI of this book; if opposes the trial, the judge shall issue, in the term of five (5) days, order of dismissal or lift to trial.AutoArt lift. 351. - The auto lift to trial shall contain, under penalty of invalidity, such as the date, the personal data of the accused person, the name and address of the plaintiff and the defendant civilly liable, a relationship clear, precise and detailed statement of the facts, its legal classification and the operative part.Will indicate, in your case, as has been latched the "suit" in the claims, counterclaims and their replies.When there are multiple defendants, although only one of them has drawn opposition, the auto lift to judgment should be made in respect of all.

Art Resources. 352. - The auto lift to trial is unappealable. The nonsuit may be appealed by the fiscal agent and by the plaintiff in the term of three (3) days.

Art closing. 353. - In addition to the case provided for in article 350, the instruction will be closed when the judge enters the decree lifting to trial, it is firmly the car sorted or dismissal.The existence of resources pending before the Federal Chamber of Criminal Cassation, the National Chamber of Cassation in Criminal and Correctional Matters of the Federal Capital, or the77

Supreme Court of Justice of the Nation in no case will prevent the lift in the view of the proceedings, and only you can prevent to the fixing of the hearing provided for in article 359.The issues are linked exclusively with the freedom of the accused and other precautionary measures in no case will prevent the continuation of the proceedings until the final judgment.The filing of the case before the trial court shall be reported immediately to the court to decide the resource that is pending. The court of appeals shall give priority to the treatment of the arguments of that depends on the conduct of the trial, in addition to those made in the framework of causes with detainees.(Article replaced by art. 1 Of the Act No. 26,373 , B. O. 30/5/2008. Duration: for immediate application to all processes in the pipeline that are governed by the Code of Criminal Procedure of the Nation)TITLE IX(Title incorporated by art. 1 of Law No. 24,826 B. O. 19/6/ 1997)Instruction summaryarticle. 353 BIS. - When a person has been caught in flagrante delicto with an offense of public action, and the judge considers that prima facie will not preventive

detention of the accused, the investigation shall be directly charged to the fiscal agent, who will act with the powers provided for in book II, section II.At the first opportunity the fiscal agent will know the accused which is the fact that has been attributed to him and what the evidence against him, and he would invite him to choose a lawyer.The accused may be filed with the prosecutor and his defense counsel, even in writing, by clarifying the facts and indicating the evidence, in his opinion, may be useful.The instruction of the fiscal agent shall not be extended for a period of more than fifteen (15) days.The accused may request the judge be heard in an unsworn statement. In this case the statement shall be governed by the common rules.Art. 353 Ter. - Gathered the evidence with regard to the ends of the criminal charge, the fiscal agent will be vista to the complainant, if any, after which it is issued in the terms of paragraph 2 of article 347.The trial be conducted in accordance with the rules of book III which pertain to the case. You can also process according to the rules of the trial brief.

BOOK IIItrials 78TITLE IView common

Acts CHAPTER I preliminary

Art summons to appear in court. 354. - Received the process, then that will verify compliance with the requirements of the statement the President of the court summoned to the office of the attorney general and to the other parties in order to that in a period of ten (10) days will be brought to trial, to review the proceedings, the documents and things abducted, provide the evidence and annoy the challenges as they deem appropriate.In the causes from tried with different headquarters to the decision of the court, the term shall be fifteen (15) days.Offer to testarticle. 355. - The office of the attorney general and other parties, to offer test, submit the list of witnesses, experts and interpreters, with indication of the personal data of each one, limiting it, as far as possible, to the most useful and who best know the fact that you are investigating.They may also express that conform with the reading of the testimony and skills of the instruction. In case of conformity of the parties in this regard, and provided that the court accept it, not be cited these witnesses or experts.

May only be required the appointment of new experts to dictates on points which had previously not been subjected to forensic examination. When offering new witnesses, must be expressed, under penalty of inadmissibility, the facts on which will be examined.Admission and rejection of the testarticle. 356. - The president of the court shall order the timely receipt of the evidence offered and accepted.The court may reject, by car, the evidence offered is that obviously no longer superabundant or impertinent. If nobody offereth test, the chairman shall be the receipt of that relevant and useful that has been produced in the instruction.AdditionalArt instruction. 357. - Before the debate, with news of the parties, the president, ex officio or at the request of a party, you can sort the essential acts of instruction that have been omitted or denied79

or it is impossible to fulfill the audience or receive a statement to the people who presumably not the debate by disease or other impediment.For this purpose, it may act one of the judges of the court or escape the necessary arrangements.ExceptionsArticle. 358. - Before you set the hearing for discussion, the parties may deduct the exceptions that have not been raised before, but the court may reject without further formality whoever they are manifestly inappropriate.Designation ofart audience. 359. - At the expiration of the term of summons to appear in court set by article 354, and in his case, fulfilled the supplementary instruction or processed the exceptions, the President shall fix day and time for discussion with interval not less than ten (10) days, ordering the summons of the parties and the witnesses, experts and interpreters to intervene. That term may be abbreviated in the case of that mediate conformity of the president and the parties.The accused that he is at liberty and other persons whose presence is necessary, be cited under warning according to article 154.When the preparation of the trial and its characteristic is inferred that the hearing of debate will be extended by more than ten (10) days, the court will require the appointment of a substitute judge, who will have the same obligations of assistance that the members of the court and the faculty of questioning, but not participate in deliberations for the resolution of trouble tickets or in the provided for in article 396. To this end, the Supreme Court of Justice of the Nation has to conform to a list of substitutes for the course of overload of tasks by the Chamber judges of the criminal courts. His appointment must be notified to the parties under penalty of nullity for the purposes of that annoy the challenges that it deems relevant. (Paragraph

incorporated by art. 1 of Law No. 25,770 B. O. 16/9/2003. Validity: ninety (90) days of its publication)Article. 359 BIS. - In the causes that investigate any of the offenses set forth in articles 142a and 170 of the Penal Code of the nation, or processed in a related manner with those, the terms set out in article 354 will be reduced to five (5) and eight (8) days, respectively, and the term provided for in article 359 will be reduced to five (5) days.(Article incorporated by art. 9 Of Act No. 25,760 B. O. 18/11/ 2003)Union and separation of trialsArt. 360. - If for the same offense attributed to several defendants have been made various allegations, the court may order the accumulation, ex officio or at the request of a party, provided that it does not determine a serious delay.If the prosecution bears by objected to several crimes attributed to one or more defendants, the court may, on its own initiative or at the request of a party, trials were to be conducted separately, but, as much as possible, one after the other.DismissalArt. 361. - When by new evidence it is clear that the accused acted in a state of insanity or there is a cause or overcomes extinctive of the criminal action and to verify it is not necessary the debate, or the accused will stay exempt from punishment under a penal statute80

more benign or of article 132 or 185 paragraph 1 of the Penal Code, the tribunal shall render, ex officio or at the request of a party, the dismissal.Compensation of witnesses and an anticipation ofArt costs. 362. - The tribunal shall fix the compensation prudentially that corresponds to the witnesses, experts and interpreters that will be heard, when requested, as well as the expenses necessary for the journey and stay when those not residing in the city where the court or in their vicinity.The plaintiff, the plaintiff and the defendant civilly must anticipate the expenses necessary for the transfer and compensation for their respective witnesses, experts and interpreters, offered and admitted, except that we also have been proposed by the public prosecutor or the defendant, in which case, as well as in the case of that may be proposed only by the public prosecutor's office or by the defendant, shall be borne by the State under the last of them for reinstatement in the event of a conviction.CHAPTER IIDiscussionSection IHearingsOrality and advertising

Art. 363. - The debate will be oral and public, under penalty of nullity; but the court may resolve, even on its own motion, which is wholly or partially perform behind closed doors when the advertising affect morality, public order or security.The resolution will be founded, shall be recorded in the minutes and shall be irrecurrible. Missing the cause of the closure, it must allow access to the public.Prohibitions to accessArt. 364. - Do not have access to the courtroom the age of eighteen (18) years, the convicted and unconvicted prisoners for crimes punished with corporal punishment, the insane and the drunkards.For reasons of order, hygiene, morality or decency the court may also order the departure of any person whose presence is not necessary or limit admission to a certain number.Continuity and suspensionArt. 365. - The debate will continue during all the consecutive hearings as may be necessary until its completion; but may be discontinued by a maximum term of ten (10) days, in the following cases:1 °) when you need to resolve any incidental question that by their nature cannot be decided immediately.2 °) when necessary practice some act outside the place of the hearing, and cannot be verified in the interval between a and another session.81

3 °) when not brought witnesses, experts or interpreters whose intervention the court considered indispensable, unless it can be continued with the receipt of other tests until the absent is led by the public force or declare in accordance with article 357.4 °) If some judge, prosecutor or defender enfermare until the point of not being able to continue its action in the trial, unless the last two might be replaced.5 °) If the accused person finds himself in the situation envisaged by the preceding paragraph, in which case your disease should be checked by forensic specialists, without prejudice to the ordering of separation of cause that has the article 360. Also, if two or more defendants and not all are disabled for any other reason to attend the hearing, the trial was suspended only with respect to disabled persons and will continue for the rest, unless the court considers that it is necessary to suspend it all.6 °) If any unexpected revelation or withdrawal shall incur substantial alterations in the cause, making necessary a supplementary statement.7 °) When the Ombudsman requested pursuant to article 381.In the event of suspension the President will announce the date and time of the new audience, and this will be worth as citation for those appearing. The debate will continue from the last act performed in the hearing which provided for the suspension. That is always exceed the term of ten (10) days, the whole debate should be performed again, under pain of nullity.

When the debate has been ongoing for more than ten (10) days of actual hearing and be given the course of subparagraph (4° in regard to the judge, or when the prosecutor or the Ombudsman does not have any possibility of replacement, the hearing may be suspended until thirty (30) working days. Identical suspension may be available in the case of verified the same circumstances. (Paragraph incorporated by art. 2° Of the Law No. 25,770 B. O. 16/9/2003. Validity: ninety (90) days of its publication)has been carried out when the forecast to convene the substitute judge and this to fulfill the term of suspension extraordinary foreseen in the previous paragraph or the reinstatement of the judge is impossible, the substitute will become an integral part of the court with full authority until the conclusion of the debate and the subsequent procedures. It is not acceptable for the recurrence of incidents already resolved. In the event of cancellation or postponement of a hearing to debate the judges may intervene in other, unless expressly provided otherwise. (Paragraph incorporated by art. 2° Of the Law No. 25,770 B. O. 16/9/2003. Validity: ninety (90) days of its publication)assistance and representation of the defendantArt. 366. - The accused will attend the hearing free in his person, but the president shall have the necessary vigilance and caution to prevent their escape or violence.If not chooses to attend or continue in the hearing, shall be guarded in a room next; they shall be hereinafter referred to as if it is present, and for all the effects will be represented by counsel.If necessary practice their recognition may be compelled to the hearing by the public force.When the accused is in custody, the court may order the detention, although this provisional release, to ensure the conduct of the trial.82

Postponement extraordinaryArt. 367. - In the event of a leak of the accused, the court ordered the postponement of the debate, and as soon as he is arrested shall set a new hearing.Assistance of the prosecutor and defenderArt. 368. - Assistance to hearing the prosecutor and defense counsel or advocates is mandatory. His absence, not justified, is liable to disciplinary action.In this case, the court may replace them in the order and manner which corresponds, in the same day of the hearing, when it is not possible to obtain his appearance.Obligation of theArt assistants. 369. - The people who attend the hearing should remain respectfully and in silence; they may not carry arms or other things suitable to disturb or offend, or adopt an intimidating conduct, provocative or contrary to the order and decorum due, nor produce disturbances or express in any way opinions or feelings.Police power and

Art discipline. 370. - The president shall exercise the power to police and discipline of the audience, and you can correct in the act, with warnings, warnings, fines in accordance with article 159, part II, or arrest up to eight (8) days, the infringement of the provisions of the preceding article, without prejudice to expel the offender of the courtroom.The measure will be dictated by the court if it affects the prosecutor, to other parties or to the defenders.If you are sinful deeds to the defendant and his counsel represent him for all the effects.Crime committed in theart audience. 371. - If in the audience who commits an offense of public action, the court shall order an aide memoire and the immediate arrest of the suspect; this will be brought before the competent judge to whom you will be sent that and the copies or the background information necessary for the research.Form of theArt resolutions. 372. - During the discussion the resolutions will be conducted orally, letting himself be reflected in the minutes.Location of the hearingArt. 373. - The court may order that the hearing is to take place in another place than the one on which has its headquarters, but within the limits of their judicial district, when it deems it appropriate and beneficial for a more effective solution or prompt investigation of the cause.83

Section II

opening Acts of the debateArticle. 374. - On a fixed day and in a timely manner shall constitute the court in the courtroom and verify the presence of the parties, counsel and witnesses, experts and interpreters who would be involved. The President shall notify the accused that this attentive to what is going to hear and ordered the reading of the prosecutor's application and, in his case, of the committal for trial, after which the discussion will be opened.

Art Direction. 375. - The president will lead the discussion, ordered the necessary readings, will be the legal warnings, you will receive the oaths and declarations and moderate the discussion, preventing impertinent questions or leads or that do not lead to the clarification of the truth, without limiting the exercise of the prosecution nor the defense of freedom.Preliminary

Art Issues. 376. - Immediately after being opened for the first time, the debate, will be raised and resolved, under penalty of expiration, annulments referred to in paragraph 2 of article 170 and the issues pertaining to the constitution of the court.At the same time and with equal punishment, there will be issues relating to the incompetence by reason of the territory, to the union or separation of trials, in the admissibility or unavailability of witnesses, experts or interpreters and to the presentation or request for documents, except that the possibility of doing so may arise in the course of the debate.Processing of the incidentArt. 377. - All the preliminary issues will be dealt with by a single act, unless the court resolved them successively or defer any, as appropriate to the order of the process.In the discussion of the incidental questions the prosecutor and the defense counsel for each party will speak only once, by the time set by the chairman.

Art statements of the accused. 378. - After the opening of the debate or the incidental issues resolved in the direction of the continuation of the trial, the President shall, under penalty of invalidity, to receive the statement from the accused, in accordance with articles 296 and following, alerting you that the debate will continue even if not declared.If the accused refuses to testify or willful contradictions, which you will be pointed out, the President shall order the reading of the statements provided by the one in the instruction.Subsequently, and at any time of the debate, you will be able to ask clarifying questions.84

Statement of several chargedArt. 379. - If the accused may be several, the president may zoom out of the courtroom for those who do not declare, but after all the inquiries must inform them summarily of what happened during his absence.Powers of the defendantArt. 380. - In the course of the debate, the accused may carry out all the statements that it deems appropriate, provided that they relate to his defense. The president will prevent any digression and may even away from the audience, if remains unresolved.The accused shall also have the authority to speak with his defense counsel, without the hearing having to be suspended for the; but will not be able to do during your statement or before responding to questions put to him. No one in these opportunities you will be able to make any suggestion.Expansion of theArt tax requirement. 381. If the statements of the defendant or the debate facts arise that integrate the ongoing crime attributed, or aggravating circumstances of

rating not contained in the application by the prosecutor or the auto of remission, but linked to the crime that the Motiva, the prosecutor may expand the indictment.In such a case, under penalty of invalidity, the president will explain the accused the new facts or circumstances that are attributed to him, in accordance with the provisions of articles 298 and 299, and inform their ombudsman that has the right to request the suspension of the discussion to offer new evidence or prepare the defense.When this right is exercised, the court shall suspend the debate by a term which shall be shortened, depending on the nature of the facts and the need for defense.The new fact that integrates the crime or the aggravating circumstance to be seen on the enlargement would fall in the imputation and in the trial.

Art Reception of evidence. 382. - After the inquiry the Court shall proceed to receive the test in the order indicated in the following articles, except that it deems convenient alter it.As soon as they are applicable and not otherwise specified, shall be observed in the debate the rules laid down in the book II on the means of proof and the provisions in article 206.

Art Experts and interpreters. 383. - The president will read the substantial part of the opinion submitted by the experts and these, when they have been cited, will respond under oath to questions which, appearing according to the order in which they are called to be, and the time required for their presence.The court may order that the expert witness certain acts in the debate; can also cite again, provided that their opinions prove unclear or insufficient and, if possible, will carry out the operations expert at the same hearing.85

These provisions shall govern, as relevant, for the interpreters.Examination of the witnessesArt. 384. - Immediately, the president shall be the examination of witnesses in the order as it deems advisable, but beginning with the order as it deems advisable, but starting with the offended.Before declaring, the witnesses may not communicate among themselves or with other people, or see, hear or be informed of what is happening in the courtroom.After you declare, the President shall decide whether they should be held incommunicado in anteroom.

Art Elements of conviction. 385. - The elements of belief that they had been kidnapped will be presented, as the case may be, to the parties and witnesses, who will be invited to recognize them and to declare what is relevant.Review

article in the home. 386. - A witness, expert or interpreter does not enter an appearance because of a legitimate impediment, may be examined at the place where it is by a judge of the court, with the assistance of the parties.

Art judicial inspection. 387. - When necessary the court may resolve, even ex officio, which is practiced the inspection of a place, which may be carried out by a judge of the court, with the assistance of the parties.It may also provide for the recognition of people and the realization of confrontation.New evidenceArt. 388. - If in the course of the debate would have knowledge of new media manifestly useful test, or the person being searched indispensable other already known, the court may order, even ex officio, the reception of them.

Art interrogation. 389. - The judges, and with the sale of the president and at the time as deemed appropriate, the prosecutor, the other parties and the defenders will be able to ask questions to the parties, witnesses, experts and interpreters.The president will reject any question inadmissible; its resolution may be appealed immediately before the court.

Art falsehoods. 390. - If a witness, expert or interpreter incurred presumably on false testimony, shall be in accordance with the provisions of article 371.86

Reading of testimonyArt. 391. - The witness statements cannot be met, under penalty of nullity, the reading of the received during the investigation, except in the following cases and always have been observed the formalities of the instruction:1 °) when the public prosecutor's office, and the parties have given their conformity or the pay does not appear when the witness whose summons was ordered.2 °) when demonstrating contradictions or variations between them and the borrowed in the debate, or necessary help the witness's memory.3 °) when the witness has died, is absent from the country, will ignore your residence or be found disabled for any reason to declare.4 °) when the witness has stated through called or report, provided that had been offered his testimony in accordance with the provisions of articles 357 or 386.ReadingArt documents and records. 392. - The court may order the reading of the complaints and other documents of the statements of several defendants, already dismissed or acquitted or convicted, or fugitives, as sharers in the offense under investigation or other related, of the judicial records and those of another process added to the cause.

It also will be able to read the records of inspection, home search, requisition or personal vehicles and kidnapping that might have practiced the authorities of prevention, in accordance with these standards; but if they had been summoned as witnesses, the reading may be carried out only, under penalty of invalidity, in the cases provided for in paragraphs 2 and 3 of the previous article, unless the prosecutor and the parties consent.(Article replaced by art. 6 Of Act No. 25,434 B. O. 19/6/ 2001)final discussionArt. 393. - With the completion of the reception of the evidence, the president shall give the floor successively to the plaintiff, the plaintiff, to the office of the attorney general and to the defenders of the accused, the civilly liable defendant, so that in this order claim on those and formulate their charges and defenses. They will not be readable memorials, except the one submitted by the plaintiff that is absent.The plaintiff will limit their plea to the issues relating to civil liability, in accordance with article 91. His legal representative, the civilly as the respondent, you will be able to make the exposure.If involving two (2) tax or two (2) of the same defenders accused, all may speak dividing their tasks.Only the public prosecutor, the plaintiff and the defense lawyer of the accused may replicate, corresponding to the third party the last word.87

The replica should be limited to the refutation of the arguments that adverse before had not been discussed.The President may fix a shortened term for the submissions of the parties, taking into account the nature of the facts, the points discussed and the evidence received.Ultimately the president shall ask the person if you have something to say, will convene the parties to a hearing for sentencing and will close the debate.CHAPTER IIIrecord of the discussionContentArticle. 394. - The secretary shall keep a record of the discussion, on pain of nullity.The record shall contain: (1 °) The place and date of the hearing with mention of the suspensions ordered.2 °) The name and surname of the judges, prosecutors, defense attorneys and agents.3 °) The personal circumstances of the accused and of the other parties.4 °) The name and surname of the witnesses, experts and interpreters, with mention of the oath and the enunciation of the other evidence incorporated into the discussion.5 °) instances and conclusions of the prosecutor's office and the other parties.6 °) Other particulars prescribed by law or where the president orders to do, or those that request the parties and may be accepted.

7 °) The signatures of the members of the tribunal, the prosecutor, defense attorneys, trustees and secretary, which previously the read to the interested.The absence or insufficiency of these enunciations does not cause annulment, unless this is expressly provided for by law.Summary, recording, and stenographicArt. 395. - When in the causes of complex trial the court deems it appropriate, the secretary will summarize the fine for each statement or opinion the substantial part to be taken into account. Also may be ordered the recording or the stenographic record, total or partial, of the debate.CHAPTER IVJudgmentDeliberation88

Art. 396. - End of the discussion, the judges who have intervened in the pass immediately to deliberate in secret session, to which you can only attend the secretary, under penalty of invalidity.89

Reopening the debateArticle. 397. - If the tribunal considers of absolute necessity the reception of new evidence or the expansion of the received, you will be able to sort the reopening of the debate in that order, and the discussion will be limited to the examination of those.Rules for theArt discussion. 398. - The court will resolve all the issues that would have been the subject of the trial, pretension, as far as possible, within the following order: the incidental that have been deferred, those relating to the existence of the criminal act, participation of the accused, appropriate legal rating, punishment, refund, repair or compensation more demands and costs.The judges will cast their vote motivated on each one of them jointly or in the order resulting from a raffle that will take place in every case. The court's judgment will be issued by a majority of votes, and valuing the evidence received and the acts of the debate in accordance with the rules of healthy criticism, making mention of the dissidence produced.When the vote is emitting more than two views on the appropriate sanctions, shall apply the average.Requirements of the sentence

Article. 399. - The judgment shall contain: the date and place at which dictates; the mention of the tribunal that the pronounced; the name and surname of the prosecutor and the other parts; the personal circumstances of the accused or the data that would be useful to identify it; the enunciation of the fact and circumstances that have been the subject of accusation; the brief presentation of the grounds of fact and law which is based; the legal provisions that apply; the operative and the signing of the judges and the registrar.But if one of the judges cannot subscribe the judgment by impediment to further the discussion, this will be stated in the record and that will be worth without this signature.Reading of the sentenceArticle. 400. - Drafted the judgment, the original being added to the dossier, the court shall be established again in courtroom after being convened the parties and the defenders. It will be read by the Chairman, under penalty of invalidity, before those appearing.If the complexity of the matter to the lateness of the hour made necessary to defer the wording of the sentence, on the same occasion, it will read only its operative part proccedure, hearing for the integral reading. This shall be made under penalty of invalidity, under the conditions laid down in the preceding paragraph and in the maximum period of five (5) days of the closure of the debate.The reading will be worth in any case as a notification for those who had intervened in the debate.When you have been verified the exceptional suspension provided for in article 365, the deadline set in the preceding paragraph shall be ten (10) days and may be extended up to twenty (20) days when the hearing has been prolonged for more than three months and up to forty (40) days when it has been more than six months. (Paragraph incorporated by art. 3° Of the Law No. 25,770 B. O. 16/9/2003. Validity: ninety (90) days of its publication)90

Judgment and accusationArt. 401. - In the judgment, the court may give the fact a legal qualification other than that contained in the committal for trial or in the prosecutor's application, although you may need to more severe punishment or security measures.If it transpires that the debate is different from the fact of the embodied in such acts, the court shall provide the remission of process to the competent judge.AcquittalArticle. 402. - The judgment of acquittal shall order, where appropriate, the freedom of the accused and the cessation of the restrictions imposed provisionally, or the application of security measures, or restitution of or compensation demanded.

Art condemns. 403. - The judgment of conviction shall be sentences and security measures that correspond and solve for the payment of costs.Will also be available when the civil action has been exercised, the return of the object matter of crime, compensation for the damage caused and the way in which must be met the respective obligations.However, restitution may be ordered but the action had not been attempted.AnnulmentsArt. 404. - The sentence shall be void if:1 °) The accused is not sufficiently clear.2 °) Remainder contradictory or whatever the argument.3 °) neglects the enunciation of the alleged facts.4 °) fails or is incomplete in its essential elements the operative part.5 °) neglects the date or the signature of the judges or the secretary.TITLE II (special proceedings

correctional CHAPTER I TrialRule91

Art. 405. - The correctional hearings shall be conducted in accordance with the rules of the common view, except those specified in this chapter, and the correctional judge shall have the powers of the president and the trial court.

Art terms. 406. - The terms set out in articles 354 and 359 will be, respectively, of five (5) and three (3) days.Opening the debateArticle. 407. - At the beginning of the debate, the judge shall inform the accused in detail on the fact that has been attributed to him and the tests argue against her.Omission of evidenceArt. 408. - If the accused confess substantiated and simply its guilt, it may be omitted from the reception bequest evidence tending to, always disagree that the judge, the prosecutor, the plaintiff and the ombudsman.

Art Judgment. 409. - The judge may go to deliberate or judgment immediately after closing the discussion by making it recorded in the minutes.When the complexity of the matter or the lateness of the hour to make necessary to defer the drafting of the judgment, its reading shall be carried out, under penalty of invalidity, at a public hearing which will be fixed within a period of no more than three (3) days.CHAPTER IItrial juvenile

Art general rule. 410. - In the court cases involving juveniles of eighteen (18) years shall be in accordance with the common provisions of this Code, except those specified in this chapter.

Art Detention and accommodation. 411. - The arrest of a minor shall be allowed only when there are grounds for presuming that do not comply with a summons, or will attempt to destroy the traces of the fact, or will be in accordance with his accomplices, or persuade them to make false statements.In such cases, the juvenile will be housed in an establishment or special section, different from those of older, where it be classified according to the nature and manner of execution of the fact that it is attributed to him, his age, psychological development and other background and social adaptability.Any measure concerning him will be adopted prior opinion of the advisor on minors.Tutelary Measures92

Art. 412. - The court will prevent, as far as possible, the presence of the child in the acts of the instruction and you will notice the provisions concerning him in article 76.You can provisionally order any less subject to its jurisdiction surrendering him to the care and upbringing of their parents or another person or institution that, by their background and conditions, offer moral safeguards, after summary information, hearing of the interested and the opinion of the advisor on minors.In such cases, the court may designate a representative to exercise protection and direct supervision of the minor and periodically report on the conduct and conditions of life from him.Rules for the debateArticle. 413. - In addition to the common, during the debate will observe the following rules:1 °) The debate will be held behind closed doors, being able to attend only the prosecutor and the other parties, its advocates, parents, or guardian of the minor and the persons having a legitimate interest in witness it.2 °) The accused only attend the debate when required and will be turned away from him as soon as the object of his presence.3 °) The advisor on minors must attend the debate under pain of nullity and shall have the powers conferred on the ombudsman even when the accused is private sponsorship.4 °) The Court may hear the parent, guardian or guardian of the minor, to the teachers, patterns or higher than this note or would have had and to the supervisory authorities that can provide data that will enable us to assess your personality. These statements may be filled by the reading of their reports.It will be in addition to the provisions on them in the article 78.Refitting

Art. 414. - Ex officio or at the request of a party, the court may replenish the security measures and education taken with respect to the minor. For this purpose may be practicing the convenient summary information and must be heard in an audience to the concerned prior to issuing the resolution.CHAPTER IIIprosecutions for offenses of private actionSECTION FIRSTComplaintright of complaintArt. 415. - Any person with civil capacity that is intended to offended by a crime of private action shall have the right to lodge a complaint with the respective court and to jointly exercise the civil action reparation.Equal right will be the legal representative of the incapable, by the private action" crimes committed against this.93

Art unit of representation. 416. - When the complainants are several, and any identity of interests between them, they should act under a single representation, which will be sorted in office if they do not disagree.Causes Accumulation ofArt. 417. - The accumulation of causes for the crime of private action shall be governed by the common provisions, but they will not accumulate with the initiated by crimes of public action.Will also accrue the reciprocal causes for libel.Form and content of the complaintArt. 418. - The complaint shall be submitted in writing, with as many copies as defendants any, personally or by proxy special, adding in this case the power, and must express, under penalty of inadmissibility:1 °) The name, surname and address of the complainant.2 °) The name, surname and address of the defendant or, if ignoraren, any description that will serve to identify it.3 °) a relationship clear, precise and detailed the fact, with indication of the place, date and time when it was executed, if he knew.4 °) The evidence offered, acompaÑandose in its case the payroll of the witnesses, experts and interpreters, with indication of their respective domiciles and professions.5 °) If he exercises the civil action, the realization of the demand in accordance with article 93.6 °) The signature of the complainant, when I shall personally, or of another person, his plea, if he knew or could not sign, in which case you must do so before the registrar.

Must be accompanied by, under penalty of inadmissibility, the relevant documentation and that is merit; if it is not possible to do so, be used to indicate the place where he finds himself.Responsibility of the complainantArt. 419. - The complainant shall be subject to the jurisdiction of the court in all matters relating to the trial by the promoted and its legal consequences.Discontinuance expressedArt. 420. - The complainant may withdraw expressly of the action in any state of the process, but will be subject to the responsibility of pop-up his previous actions.Subject to the civil action94

Art. 421. - The withdrawal cannot be made subject to conditions, but may be express reservation of the pop-up action of crime when this has not been promoted together with the criminal case.Discontinuance tacitArt. 422. - Is deemed to be withdrawn when the private action:1 °) The plaintiff or his agent not instaren procedure during the sixty (60) days.2 °) The plaintiff or his agent does not apply to the conciliation hearing or debate, without just cause, which they must certify prior to its inception wherever possible and up to five (5) days.3 °) in the case of the actions for slander and libel under the Criminal Code, having died or become incapacitated the complainant, not intentionally committed the legitimized for further action, within sixty (60) days of the occurrence of the death or incapacity.

Art effects of the discontinuance. 423. - When the court declared extinct the criminal action by discontinuance of the complainant, shall dismiss in the cause and you will impose the coasts, except that the parties had agreed in this respect, another thing.The withdrawal of the complaint favors to all those who have participated in the crime that the reason.Section IIProcedureconciliation hearingArt. 424. - Filed the lawsuit, the court shall convene the parties to a conciliation hearing, which shall be open to the defenders.When the defendant does not attend, the process will run its course in accordance with the provisions of article 428 and following.Conciliation and retractionArt. 425. - If the parties are reconciled in the hearing provided for in the previous article, or at any later stage of the trial, it shall dismiss the cause and the coasts will be in the order caused.

If the defendant of an offense against the honor will retract, the hearing or answer the lawsuit, the case will be dismissed and the coast be charged to you.If the complainant does not accept the retraction, as insufficient, the court shall decide the incidence. If the complainant requests, orders are to be published the retraction in the way that the court deems appropriate.Preliminary Investigation95

Art. 426. - When the complainant ignore the first name, last name or address of the author of the fact, or should be added to the process documents that the party has not been able to obtain, can be ordered a preliminary investigation to identify the defendant or to obtain the documentation.Prison and howeverArt. 427. - The court may order the detention of the defendant, after a summary information and his statement, only when any serious grounds for suspecting that would attempt to evade the action of the justice and apply the requirements set forth in articles 306 and 312.When the complainant exercise the civil action, may request the seizure of the assets of defendant, on which it is applied the common provisions.Summons to appear in court and exceptionsArticle. 428. - If is not effected the conciliation hearing due to the absence of the defendant or made, there was no conciliation or retraction, the court shall summon the defendant to within ten (10) days appear and deliver proof.During this period, the defendant may raise defenses prior, in accordance with Title VI of the book II, including the lack of personality.If it is civilly liable defendant, you must answer a demand, in accordance with article 101.MountingArt audience. 429. - At the expiration of the term indicated in the previous article or resolved the exceptions in the direction of the continuation of the trial, the President shall set day and time for discussion, in accordance with article 359, and the complainant brought forward, in his case, the funds referred to in article 362, second paragraph, taking the same powers that it exercises the public prosecutor in the trial common.Article 430: DebateArticle. 430. - The debate is carried out in accordance with the provisions relating to the common view. The complainant shall have the powers and duties for the department of public prosecutions:may be questioned, but you will not be required to take an oath.If the defendant or his representative does not intentionally committed the debate shall be in the form prescribed by article 367.Judgment. Resources. Execution.

Art Publication. 431. - With respect to the judgment, resources and delivery of that, shall apply the common provisions.In the trial of slander or libel may be ordered, at the request of a party, the publication of the judgment in the way that the court deems appropriate" at the expense of the conquered.CHAPTER IV(Chapter incorporated by art. 1 Of the Act No. 24,825 B. O. 18/6/ 1997)96

Trial AbbreviatedArticle. BIS 431:1. If the public prosecutor's department, the opportunity provided for in article 346, considers sufficient the imposition of a custodial sentence less than six (6) years, or a non-custodial even from jointly with that, you will be able to request, in formulating the requirement of lifting to trial, which was appropriate under this chapter. In that case, you must realize expressed order of worth.In the causes of criminal jurisdiction (article 32), the agreement referred to paragraphs 1 and 2 of article 431 bis, may also be held during the preliminary acts of the trial, until the enactment of the decree of appointment of audience for the debate (article 359).2. So that the application is acceptable must be accompanied by the accordance of the accused, assisted by his counsel, on the existence of the fact and his participation, described in the requirement of lifting to trial, and the legal classification relapse.For the purposes of this article and at any stage of the process, but since the acceptance of the office of assigned counsel, the prosecutor may receive in audience to the accused and their counsel, of what is no longer simple record.3. The judge will submit the request and the accordance provided, without another diligence, trial court which, take knowledge of visu of the accused, and you will hear this if you want to do some demonstration. If the court does not reject the motion, arguing the need for a better understanding of the facts or their discrepancy was founded with the legal classification admitted, you will call cars for judgment, to be issued within a maximum period of 10 days. If complainant, prior to adoption of any of these decisions, you will seek its opinion, which shall not be binding.4. If the trial court rejected the agreement short trial, shall be according to the rules of the common procedure in accordance with articles 354 or 405, as appropriate, referring the case to the follow him in turn.In this case, the accordance afforded by the accused and their counsel will not be taken as a sign against them, nor the order of penalty made links to the prosecutor who would act in the debate.5. The judgment shall be based on the evidence received during the investigation, and in his case in the admission as referred to in point 2, and may not impose a

sentence greater or more serious that the requested by the public prosecutor. Be governed article 399.6. Against the judgment shall be admissible the appeal in accordance with common rules.7. The civil action will not be resolved in this procedure by short trial, unless there is an agreement between the parties in this regard, although it may be deduced in the civil courts. However, those who were admitted as civil parties may appeal the appeal to the extent that the judgment may be influencing the outcome of a civil claim later.8. Does not apply the provisions of this article in the assumptions of causal connection, if the accused does not answer the prosecutor's application for all the crimes there attributed, unless the separation of ex officio (article 43).97

When there were several persons charged in the case, the trial abbreviated may only be applied if all of them are providing their conformity.BOOK IV

CHAPTER Resources IGeneral Provisionsgeneral rulesArticle. 432. - Judicial rulings may be appealed against only by the media and in the cases expressly established by law.The right of appeal will correspond only to whom it is expressly agreed, provided that any person having a direct interest. When the law does not distinguish between the various parties, all may have recourse.Resources of the public prosecutorArt. 433. - In the cases established by law, the prosecutor may appeal even in favor of the accused; or, in the event of a conviction of the accused, even only in regard to the civil action that had exercised.

Art Resources of the accused. 434. - The accused may appeal the judgment of dismissal or acquittal, which imposed a security measure; or only of the provisions in the judgment on restitution or compensation of the damage.The resources in favor of the accused may be deducted by the or his counsel and, if the person is a minor, also by their parents or guardian, although they are not entitled to receive notice of the resolution.Resources of the plaintiffArt. 435. - The complainant may appeal the judgments only in the cases expressly provided for in this Code.Resources civilArt of the actor. 436. - The plaintiff may appeal the judgments only in regard to the action by the filed.

Resources ofArt civilly liable defendant. 437. - The civilly liable defendant may appeal a judgment is permissible when the appeal of the accused, however the inaction of this where they are declared its responsibility.Conditions of interposition98

Art. 438. - The resources are to be filed, under penalty of inadmissibility, the conditions of time and form that are determined, with specific indication of the grounds on which it is based.

Art adherence. 439. - Which has a right of appeal may accede to the remedy granted to another always to express, under penalty of inadmissibility, the grounds on which it is based. Accession shall be lodged within the term of location, unless otherwise provided.(Article replaced by art. 2° Of the Law No. 26,374 , B. O. 30/5/2008. Validity: ninety (90) days of its publication in the Official Gazette)ResourceArt during the trial. 440. - During the trial only will be able to deduct from replenishment, which shall be resolved in the preliminary stage, without processing; in the debate, without the suspension of the judgment, always has been fact expresses reservation immediately after the provided.When the judgment is irrecurrible, will also be the contested decision.ExtensiveArt effect. 441. - When in a process has several charged appeals by one of them will favor for others, as long as the grounds on which they are based are not purely personal.Also favor the accused the resource of the civilly liable defendant when this alleged the existence of the fact, or deny that the accused committed or that constitute an offense, or hold that has been extinguished the criminal action, or that this could not be initiated or continued.Suspensive EffectArt. 442. - The filing of an appeal will be ordinary or extraordinary suspensive effect, unless expressly provided otherwise.Art. 442 BIS. - In the causes for an investigation into any of the offenses set forth in articles 142a and 170 of the Penal Code of the nation, or processed in a related manner with those, the cars, interlocutory and resolutions that were appealed during the instruction will be elevated to the court of appeals to hear in the form of joint resources granted once the representative of the Office of the public prosecutor considers completes the statement and consent to be issued on its merit in some of the directions indicated in article 215 of this Code. Are exempted from this provision the appeals against a decision refusing the exemption from detention, release or order the detention of the accused.

(Article incorporated by art. 8 Of Act No. 25,760 B. O. 11/8/ 2003)DiscontinuanceArt. 443. - The parties may waive the appeals by them or their advocates, without harming the other recurring or adherents, but loaded with the coasts.99

To withdraw an appeal, the Ombudsman must have explicit mandate of the represented.The public prosecutor's office will be able to desist, arguably, its resources, even if the brought a representative of lower grade.

Art rejection. 444. - The court that issued the contested decision rejected when it is filed by the person who does not have the right, or outside of term, or without observing the forms prescribed, or when that is irrecurrible.If the resource has been granted erroneously the appellate court must declare it as well, without passing judgment on the merits.Competence of the court of appealsArticle. 445. - The resource allocated to the court of appeal, the knowledge of the process only the points in the resolution referred to in the grounds of the grievance.The remedies sought by the public prosecutor's office will allow you to modify or revoke the resolution even in favor of the accused.When it has been challenged only by the person concerned or his or her favor, the resolution may not be modified in your prejudice.CHAPTER IIresource replenishment

Art provenance. 446. - The request for reconsideration shall be against resolutions issued without substantiation, in order that the same court that issued the revoked for contrary empire.ProcessingArt. 447. - This appeal shall be lodged within the third day, in writing, that her rationale. The court shall decide by auto, view prior to the interested, with the exception of article 440, first paragraph.

Art effects. 448. - The resolution that the burden will be enforceable unless the resource had been deducted along with the appeal in grant, and this is coming from.This resource will have suspensive effect only when the contested decision is appealable to that effect.CHAPTER IIIappeal100

Art provenance. 449. - The appeal will proceed against the dismissal orders dictated by investigating judges and correctional, the interlocutory and the resolutions expressly declared appeal or that cause irreparable damage.

Art form and term. 450. - The appeal shall be filed in writing before the judge who issued the resolution and, unless otherwise specified, within three (3) days. Shall indicate the reasons on which it is based, under penalty of inadmissibility.(Article replaced by art. 3° Of the Law No. 26,374 , B. O. 30/5/2008. Validity: ninety (90) days of its publication in the Official Gazette)

Art Site. 451. - (Article repealed by art. 4° Of the Law No. 26,374 , B. O. 30/5/2008. Validity: ninety (90) days of its publication in the Official Gazette)LiftArt performances. 452. - The proceedings will be sent automatically to the court of appeal immediately after the last notification.When the referral of the case did not impede the course of the process will raise copy of the parts relating to the matter, added to the writing of the appellant.If the appeal comes in an incident, will raise only their actions.In any case, the appellate court may require the main file.

Art adherence. 453. - The appeal is granted, those who have the right to appeal and not yet done so, may adhere to in term of three (3) days of its notification.In this period, the prosecutor of the chamber must express, in your case, whether or not to retain the resource that would have deducted the fiscal agent or if they will adhere to the filed in favor of the accused. To this end you will be notified as soon as the proceedings are received.(Article replaced by art. 5° Of the Law No. 26,374 , B. O. 30/5/2008. Validity: ninety (90) days of its publication in the Official Gazette)HearingsArt. 454. - Provided that the appellate court does not reject the appeal in accordance with the provisions of article 444, second paragraph, in the period of three (3) days shall be ordered a hearing, which will not be before five (5) days nor later than thirty (30) days of receipt of the proceedings.The hearing shall be held with the parties to appear, but if the appellant does not come, it shall be withdrawn the resource to your respect.101

Once the hearing has begun, you will immediately be given to the word or the recurrent to expose the grounds of appeal, as well as the specific requests that

seised, who will be able to extend the rationale or desist from some grounds, but not be able to enter new ones or make separate requests to the made the appeal.Then shall be permitted to intervene to those who have not recurred and finally will return to the word to all the parties in order to make clarifications with regard to the facts or arguments of the discharges in the debate.The judge presiding over the hearing and, eventually the other judges that integrate the court, may interrogate the recurring and to all the other speakers on the issues raised in the appeal and discussed at the hearing.The hearing shall be held in public.(Article replaced by art. 6° The Law No. 26,374 , B. O. 30/5/2008. Validity: ninety (90) days of its publication in the Official Gazette)ResolutionArt. 455. - The Court will deliberate and resolve in the same hearing, in the terms of article 396.In complex cases, may issue a range of up to five (5) days to continue the discussion and resolve.When the contested decision overruled, the tribunal shall state its reasons in writing, within five (5) calendar days of the order the resolution. In the same way will act if the confirm the contested decision take into account criteria not considered by the judge or court that prevented or if the decision had not been taken unanimously.(Article replaced by art. 7° Of the Law No. 26,374 , B. O. 30/5/2008. Validity: ninety (90) days of its publication in the Official Gazette)CHAPTER IVAppealProvenanceArt. 456. - The appeal may be filed for the following reasons:1 °) disregard or incorrect application of the substantive law.2 °) failure to comply with the rules that this code sets under penalty of inadmissibility, revocation and invalidity, provided that, with the exception of the cases of absolute invalidity, the appellant has claimed the timely correction of the defect, if it was possible, or fact protest appeal in cassation.

Art actionable Resolutions. 457. - In addition to the cases specifically provided for by law and subject to the limitations set forth in the following articles, may be deducted from this appeal against the final judgments and orders that put an end to the action or the penalty, or make it impossible to continue the proceedings or refuse the extinction, switching or suspension of the sentence.

Resource 102Art of the public prosecutor. 458. - The public prosecutor may appeal, in addition to the cars referred to in the previous article:

1 °) from the judgment of acquittal, when you are asked for the conviction of the accused to more than three (3) years of deprivation of liberty, to a fine of two hundred thousand australes (TO200.000) or disqualification for five (5) years or more.2 °) of the sentence has been imposed when a custodial sentence less than half the required.

Art resource of the accused. 459. - The defendant or his counsel may use:1 °) of the judgment of the correctional court to condemn him to more than six (6) months of imprisonment, one (1) year of disqualification or one hundred thousand australes (A100.000) fine.2 °) of the judgment of the court of assizes to condemn more than three (3) years in prison, two hundred thousand australes (TO200.000) of fine or five (5) years of disqualification.3 °) of the resolution that you impose a measure of security for an indefinite time.4 °) of the cars in that he is refused the extinction, switching or suspension of the sentence.5 °) of the judgment to condemn to restitution or compensation of a value greater than eleven million australes (A11.000.000).Resource of the plaintiffArt. 460. - The plaintiff may appeal in the same cases in which you can do this the public prosecutor.Appeal of defendantArt civilly. 461. - The civilly liable defendant may appeal when you can do this the accused and however the inaction of this where they are declared its responsibility.Resource civilArt of the actor. 462. - The plaintiff may appeal:1 °) of the judgment of the correctional court, when his grievance is more than seven million australes (A7.000.000).2 °) of the judgment of the court of assizes, when his grievance is greater than eleven million australes (A11.000.000).InterpositionArt. 463. - The appeal shall be filed with the court that issued the resolution, within the term of ten (10) days of the notification and through writing with signature of counsel, in which103

cited specifically the legal provisions that are considered raped or wrongly applied and is expressed which is the application that is intended. It should be separately each reason. Outside of this opportunity, may not be invoked any other.

Art 104 provided. 464. - The court will provide what corresponds in the term of three (3) days.When the appeal is granted, will be stationed to the parties concerned to be brought to keep it before the court of appeals in the term of three (3) days from the date when the proceedings allowed entry into that.If the court seat in any location other than the judge, the site will be by the end of eight (8) days.The proceedings will be sent automatically to the court of appeal immediately after the last notification.(Article replaced by art. 8 Of Law No. 26,374 , B. O. 30/5/2008. Validity: ninety (90) days of its publication in the Official Gazette)ProcessingArt. 465. - If in the end of site does not enter an appearance or the recurrent accession arises, will be declared void the appeal, on its own motion or to simple certification of secretariat, being returned immediately the proceedings.In this period, the prosecutor of the chamber must express, in your case, whether or not to retain the resource which has withheld the fiscal agent or if they will adhere to the filed in favor of the accused.To this end you will be notified as soon as the proceedings are received.When the resource is maintained and the camera does not reject him, in accordance with the provisions of article 444, the application will be for TEN (10) days in the office to which the interested consideration.This period has expired term shall be fixed by the president to inform audience, with an interval not less than ten (10) days, and will bring the study time for each member of the House.(Article replaced by art. 9° Of the Law No. 26,374 , B. O. 30/5/2008. Validity: ninety (90) days of its publication in the Official Gazette)special procedure for review of orders or decreesArt. 465 BIS. - When the appeal is filed against cars or decrees that are comparable to the final judgments the processing will be the articles 454 and 455.This procedure shall not apply in the resources against the cars indicated in article 457.(Article incorporated by art. 10 Of Act No. 26,374 , B. O. 30/5/2008. Validity: ninety (90) days of its publication in the Official Gazette)Expansion ofArt fundamentals. 466. - During the term of office the stakeholders will be able to develop or expand written reasons for the proposed reasons provided that, under penalty of inadmissibility,105

accompany the necessary copies of that, which will be delivered immediately to the adversaries.

Art defenders. 467. - The parties shall act under legal representation. When in the case of an appeal filed by another, the defendant does not appear before the camera or is without legal counsel, the President shall appoint in such character to the public defender.

Art Debate. 468. - The debate shall be made on a fixed day, in accordance with the provisions in article 465, with the assistance of all members of the Court of Cassation that must pass judgment. You will not need to attend and speak all the lawyers of the parties.The word will be granted first to the Ombudsman of the appellant, but if you also has appealed against the public prosecutor, and the complainant, these speak in first term and in that order. Replicas are not allowed, but the lawyers of the parties may submit brief notes written prior to the deliberation.As soon as they are applicable, shall govern the articles 363, 364, 369, 370 and 375.

Art discussion. 469. - With the completion of the hearing, the judges will deliberate in accordance with article 396, it should be observed, as applicable, Article 398.When the importance of the issues to be resolved advises you, or by the lateness of the hour, the discussion may be postponed to another date.The judgment will be delivered within a maximum of twenty (20) days, observed in the relevant article 399 and the first part of article 400.Cassation for violation of the law(art. 470. - If the contested decision has not been observed or any erroneously applied the substantive law, the court the marry and solve the case in accordance with the law and the doctrine whose application declares.

Art Override. 471. - If there was failure to comply with the procedural rules, the camera will void the acted and shall transmit the process to the appropriate court, for its determination.

Art Rework. 472. - Errors of law in the explanation of the judgment that does not have influenced the resolution, not canceled, but should be corrected. So too will the material errors in the description or in the calculation of the penalty.Freedom of the accusedArt. 473. - When the effect of the judgment should cease the detention of the accused, the camera will order directly freedom.106

CHAPTER Vrecourse of unconstitutionalityProvenanceArt. 474. - The appeal of unconstitutionality may be brought against the final judgments or orders referred to in article 457 if it has been questioned the constitutionality of a law, ordinance, order or regulation which estatuya on matters governed by the Constitution, and the judgment or the auto contrary to the claims of the appellant.

Art procedure. 475. - Will be applicable to this resource the provisions of the previous chapter relating to the procedure and form of judgment writing.The ruling on the appeal, the Court of Cassation shall declare the constitutionality or unconstitutionality of the contested provision and confirm or repeal the pronouncement resorted.CHAPTER VIcomplaintProvenanceArt. 476. - When it is denied a resource that appropriate in another court, before this may be submitted directly to complaint the appellant, in order that the appeal was wrongfully denied.

Art procedure. 477. - The complaint shall be filed in writing, within three (3) days of being notified the decree dismissing if the courts have their seat in the same city; otherwise, the term shall be eight (8) days.Immediately report will be required, in this regard, the court against the that has been deducted and the evacuated within three (3) days.If he deems it necessary in order to better provide the court before which the remedy is being sought will order to inspect the files immediately.The resolution will be dictated by auto, after receipt of the report or the case.

Art effects. 478. - If the complaint is dismissed, the proceedings will be returned without further ado, to the appropriate court.Otherwise, it shall declare wrongfully denied the appeal, by specifying the class and effects of which it is granted, what will be communicated to him for that summons to the parties and proceed according to the proceedings.107

CHAPTER VIIResource review

Art provenance. 479. - The remedy of revision shall at all times and in favor of the condemned man, against final judgments when:1 °) The facts established as basis for the conviction may be irreconcilable with the fixed by another criminal sentence irrevocable.2 °) The judgment had been founded in documentary evidence or witnesses whose falsehood has been declared in subsequent failure irrevocable.3 °) The sentence had been pronounced as a result of malfeasance, bribery, or other crime whose existence had been declared in subsequent failure irrevocable.4 °) After conviction occurring or discover new facts or evidence which, alone or together with the already considered in the process, to make clear that the fact did not exist, that the convicted person does not commit it or that the fact committed fits within the criminal provision more favorable.5 °) Corresponds apply retroactively a more benign criminal law that applied in the judgment.

Art object. 480. - The resource must always strive to demonstrate the existence of the fact, or that the convicted person does not commit, or missing completely the test in which the conviction was based, except that blows in the last part of paragraph 4 or 5 of the preceding article.People who can deductArt. 481. - May deduct the remedy of revision:1 °) The convicted person and/or his counsel; if it is incapable, their legal representatives, or if deceased, their spouse, ascendants, descendants or brothers.2 °) The public prosecutor.InterpositionArt. 482. - The remedy of revision shall be filed with the Court of Cassation, personally or through counsel, in writing that contains, under penalty of inadmissibility, the specific reference of the grounds on which it is based and the applicable legal provisions.In the cases provided for in subparagraphs 1, 2 and 3 of article 479 will include a copy of the relevant judgment; but when in the course of subparagraph 3 of this article the criminal action was extinct or cannot continue, the appellant shall indicate the supporting evidence of the crime in question.

Art 108 procedure. 483. - In the processing of the appeal for review shall follow the rules laid down for the cassation, as soon as they are applicable.The court may order all the investigations and prosecutions that create useful, and delegate their execution in any of its members.Suspensive Effect

Art. 484. - Before resolving the appeal the court may suspend the execution of the judgment under appeal and available with or without bond, the provisional release of the convicted.

Art Judgment. 485. - The ruling in the appeal court may annul the sentence, referring to a new trial when necessary, directly or by uttering a final judgment.New trialArticle. 486. - If remitiere a fact to a new trial in this not intervene the judges who heard the previous.In the new cause may not be absolved by the effect of an appreciation of the facts of the first process, regardless of the reasons that made admissible the revision.Civil EffectsArt. 487. - When the judgment is an acquittal, in addition to be made for the immediate release of the convicted person and the cessation of all interdiction, must be ordered the restitution of the amount paid in concept of penalty and for compensation; the latter, provided that it has been cited by the plaintiff.

Art Repair. 488. - The judgment from which the innocence of a convicted person may decide, at the request of a party, on the damages caused by the condemnation, that will be repaired by the State as long as the party has not contributed by his deceit or blame to the judicial error.The repair can only be granted to the condemned or, by his death, his heirs forced.

Art Review dismissed. 489. - The rejection of an application for review does not prejudice the right to submit new orders founded in different elements, but the costs of an appeal dismissed will always be charged to the party that filed.109

BOOK VExecutionTITLE IGeneral Provisions

Art Competition. 490. - Judicial Decisions shall be executed by the court that issued or by the judge of implementation, according to the event, which will be competent to resolve all issues or incidents that might arise during the implementation and communications will be provided by law.Processing of the incidents.Art Resource. 491. - The incidents may be raised by the Department of Public Prosecutions, the accused or his counsel and will be resolved prior to view the opposing party, the term of five (5) days. The plaintiff shall not intervention.

Against the resolution shall be allowed only the appeal, but this does not suspend the execution unless so ordered by the court.AcquittalArticle. 492. - The judgment of acquittal shall be enforced by the trial court immediately, even if an appeal. In this case, the court will make the corresponding entries and notifications.TITLE IIIMPLEMENTATIONCHAPTER criminalpenalties Icompute and powers of the courtArt of execution. 493. - The trial court will practice by secretariat the computation of the death penalty, fixing the date of expiration or its amount. The computation shall be notified to the office of the attorney general and to the person concerned, who may observe it within three (3) days.If it is apparent opposition, the incident will be processed before the trial court and shall proceed in accordance with the provisions in article 491. Otherwise, the computation is adopted and the judgment will be immediately reported to the court of criminal enforcement.The judge shall be competent to:110

1 °) monitor observance of all constitutional guarantees and international treaties ratified by the Republic of Argentina, in the treatment given to convicted prisoners, detainees and people subject to security measures.2 °) check the compliance of the accused of the instructions and impositions established in the cases of suspension of the procedure to test (article 293).3 °) to control the effective enforcement of the judgments of conviction handed down by the Judicial Power of the Nation.4 °) resolving all the incidents that might arise in this period.5 °) collaborate in the social reintegration of the released conditionally.Custodial SentenceArticle. 494. - When the person sentenced to deprivation of liberty is not in custody, an order will be issued to arrest, except that it does not exceed six (6) months and there is no suspicion of escape. In this case, he shall be notified that he will be arrested within five (5) days.If the convicted person is in custody, or when is arrested, an order your accommodation in the prison appropriate prison, whose address you will be notified the computation, issued copy of the judgment.

Art Suspension. 495. - The execution of a custodial sentence may be postponed by the trial court only in the following cases:

1 °) when you need to fulfill a woman who is pregnant or has a child less than six (6) months at the time of sentencing.2 °) If the convicted person is seriously ill and the immediate implementation endangers his life, according to the opinion of experts appointed by the court.When these circumstances cease, the judgment will be executed immediately.TransitionalArt outputs. 496. - Without this amount of the suspended sentence, the court may authorize execution of the prisoner to leave the prison where he is being held, for a reasonable period of time, and be transferred, under proper custody, to fulfill their moral duties in case of death or serious illness of a close relative. Also enjoy this benefit defendants deprived of their freedom.Disease and intimate visitsArt. 497. - If during the execution of a sentence of deprivation of liberty, the prisoner shows signs of suffering from an illness, the enforcement court, in accordance with the opinion of experts appointed by the court, shall arrange for its placement in an appropriate establishment, if it is not possible to care for him in the where is hosted or this imported grave danger to his health.The time of admission shall be counted for the purposes of the death penalty, provided that the convicted person is deprived of his freedom during that time and that the disease has not been simulated or111

contracted in order to avoid the penalty. Convicted prisoners, without distinction of sex, may receive periodic private visits, which will be carried out consideration for decency, discretion and quietness of the establishment.Compliance in provincialArt establishment. 498. - If the sentence must be fulfilled in the establishment of a province, the enforcement court dispatched communication to the Executive Order to that request from the government of that the adoption of appropriate measures.Disabling ancillaryArt. 499. - When the penalty of imprisonment for the amount, in addition, the debarment accessory of the Criminal Code, the enforcement court will order the inscriptions, annotations, and other appropriate measures.Absolute disqualification or specialArt. 500. - The operative part of the judgment that conviction to general disqualification will be published by the court of execution in the Official Gazette. In addition, communications shall be forwarded to the election judge and to the departments or powers that appropriate, as the case may be.When the judgment imposed special disqualification, the enforcement court will make the relevant communications. If it refers to any private activity, shall be communicated to the police authority.Fine

Art. 501. - The fine must be paid within ten (10) days from the judgment became final. After this period, the court of execution shall be in accordance with the provisions of the Penal Code.For the execution of the penalty of a fine shall be sent the records to the public prosecutor, which shall be by way of execution of judgment, being able to do it, in your case, before the civilian judges

Art house arrest. 502. - The execution judge or competent, when it deems it appropriate, it may provide the monitoring of the extent in charge of a board of trustees of released or of a qualified social service, there is no one. In any case, the person will be in charge of police agencies or security.(Article replaced by art. 5° Of the Law No. 26,472 , B. O. 20/1/ 2009)Revocation of a conditional sentenceArticle. 503. - The revocation of a conditional sentence will be prepared by the court of execution unless appropriate the accumulation of penalties, in which case, you can sort it the trial court that issued the only penalty.Art. 504. - When you need to be without effect, or a change in the sentence, or the conditions of its compliance for having entered into force a more benign law, or under another reason112

legal, the judge of execution shall apply this law of ex officio or at the request of the person or the public prosecutor. The incident will be handled in accordance with the provisions for the incidents of execution.113

CHAPTER IIparoleRequestArt. 505. - The request for parole shall be processed immediately through the address of the establishment where the condemned, who may appoint a lawyer to participate in the proceedings.

Art Report. 506. - The application has been submitted, the court of execution, will require report of the direction of the respective establishment about the following points:1 °) served enough time of the conviction.

2 °) manner in which the applicant has observed the prison regulations and the rating that is worthy for his work, education and discipline.3 °) any other circumstance, favorable or unfavorable, which can contribute to illustrate the judgment of the court, which may require medical or psychological opinion when it is deemed necessary.Reports should be issued within five (5) days.Computations andArt history. 507. - At the same time, the court of execution shall require a report of the secretary-general on the time of condemnation fulfilled by the applicant and their background. To determine these past, rescues them, if necessary, the trades and relevant letters rogatory.

Art procedure. 508. - In connection with processing, resolution and resources, shall proceed in accordance with the provisions in article 491.When the probation is agreed upon, in the auto set the conditions that the Penal Code establishes, and the freed, in the act of the notification, it must promise that they will be faithfully. The Secretary shall provide him with a copy of the resolution, which must be kept and submitted to the authority responsible for overseeing any time you may be required. If the request was refused, the convicted person may not renew it before six (6) months of the resolution, unless it is based on non-compliance with the legal term.

Art Communication to the Board of Trustees. 509. - The prisoner shall be submitted jointly to the care of the Costa del Sol released, which will inform you of freedom and furnish it with a copy of the auto that ordered it.The Board of Trustees will collaborate with the judge of execution in the observation of the punishable with regard to the place of residence of the released, the work is devoted to and conduct that is. If there were no tourist board, the court of execution may be assisted in these functions by a particular institution or official.

Art 114 Compliance. 510. - The revocation of parole under the Criminal Code, may be made ex officio at the request of the prosecutor or the tourist board or institution who acted.In any case, the released shall be heard and you will be admitted evidence, proceeding in the manner prescribed by article 491.If the enforcement court considers it necessary, the released may be remanded in custody until you resolve the incident.CHAPTER IIIsecurity measures

Art Surveillance. 511. - Temporary or final enforcement of a security measure will be monitored by the court of execution, the authorities of the establishment or place in which it is carried out shall inform the court as appropriate, may be required the assistance of experts.

Art instruction. 512. - The appropriate judicial body to provide for the implementation of a security measure, shall issue the necessary instructions to the enforcement judge and set the limits within which it must be informed about the status of the person subject to the extent or on any other relevant circumstance. Such instructions may be modified in the course of the implementation, if necessary, by notifying the court of execution.Against these resolutions there is no possibility of appeal.UnderArt. 513. - When the measure consists in the private placement of a minor, the judge of execution, the parent or guardian, or the authority of the establishment will be obliged to facilitate the inspection or monitoring that the judicial body that ordered the extent entrusted to the delegates.The failure to perform this duty may be corrected with a fine in accordance with article 159 second part or arrest with no more than five (5) days.The information of the delegates may refer not only to the person of the minor, but also to the social environment in that act, and its desirability or undesirability.CeaseArt. 514. - To order a cessation of a security measure, absolute time or relatively undetermined, the court of execution shall be heard by the public prosecutor, the interested party or, when this is unable, to whom exercise your parental rights, guardianship, and in his case, require the expert opinion.115

CHAPTER IVSuspension of the evidentiary processArt. 515. - Once the appropriate judicial body reported the resolution that submits to the accused to evidence to the court of execution, is immediately available to the control of the instructions and impositions established and communicate that any failure of the same.In the event of a breach or failure to comply with the conditions, taxation or instructions, the enforcement court will grant possibility for hearing the accused, and solve, about the reversal or subsistence of the benefit. In the first case, practice the records and corresponding notifications and will place the accused at the disposal of the appropriate judicial body.TITLE IIIImplementationCHAPTER I civil

monetary penalties

Art Competition. 516. - The judgments that they condemn to restitution, reparations and compensation for damage, satisfaction of costs and payment of expenses, if they are not immediately executed or not expected to be by a simple order of the court that issued, will be performed by the person concerned or the prosecutor before the civilian judges and in accordance with the Code of Civil Procedure and Commercial Nation.(Note Infoleg: article repealed by art. 76 Of Law No. 24,946 B. O. 23/3/1998, as it has the involvement of the Public Prosecutor in the execution of penalties)

Art disciplinary sanctions. 517. - The Department of Public Prosecutions will run the financial penalties of a disciplinary nature in favor of the Treasury, in the manner set out in the previous article.(Note Infoleg: article repealed by art. 76 Of Law No. 24,946 B. O. 23/3/1998, as it has the involvement of the Public Prosecutor in the execution of penalties)CHAPTER IIguaranteesHowever or inhibition of craftArt. 518. - To dictate the indictment, the judge will order the seizure of assets of the defendant or, in his case, the civilly liable defendant, in sufficient quantity to guarantee the financial penalty, civil compensation and the coasts.116

If the defendant or the defendant is not civilly despise property, or embargoed is insufficient, it may declare their inhibition.However, the precautionary measures may be taken before the indictment, when there is danger in delay and sufficient evidence to justify them.However at the request of a partyArt. 519. - The plaintiff may ask for expansion of the embargo provisions of ex officio, paying the bail to the court shall determine.Application of the Code of Civil Procedure and CommercialArt of the Nation. 520. - With respect to the replacement of the embargo or inhibition, order of the seizable - property, form and execution of the embargo, maintenance, security and custody of the assets seized, its administration, variations of the embargo, fees and tercerias, shall govern the provisions of the Code of Civil Procedure and Commercial nation, but the appeal will be evolutive effect.

Art Performances. 521. - The proceedings on embargoes and deposits will be processed by separate.CHAPTER IIIrestitution ofconfiscated objects kidnapped

Art Objects. 522. - When the judgment amount confiscation of some object, the court shall be disposed of according to their nature.AbductedArt things. 523. - Things abducted that they are not subject to confiscation, refund or however will be returned to him who is kidnapped.If they had been delivered on deposit before the judgment, it shall notify the depositary of the final delivery.Abducted from the things of the condemned property may be held as a guarantee of the expenses and costs of the process and the pecuniary responsibilities imposed.Competent JudgeArt. 524. - If it raises issues dispute on the restitution of things abducted or the form of such refund will be available to the interested resort to the civil justice.UnclaimedArt Objects. 525. - When after one (1) year of the completion of the process no one claim or testifying have the right to restitution of things, that is not abducted the power of a specific person, will be available its forfeiture.117

CHAPTER IVdeclaratory judgments of falsehoods instrumental

Art Rework. 526. - When a judgment declared false a public instrument, the court ordered that the judgment that the act must be reconstituted, deleted or amended.

Art document archive. 527. - If the instrument had been extracted from a file will be returned to the marginal note in each page, adding copy of the judgment which had established the falsehood total or partial.

Art protocolized Document. 528. - In the case of a protocolized document shall be recorded the statement made in the judgment to the margin of the array in the testimony that had been presented and in the respective registry.TITLE IVCoastsadvanceArt. 529. - In all process the State will advance the expenses in relation to the accused and to the other parties that enjoy the benefit of poverty.

Art Resolution required. 530. - Any resolution that put an end to the cause or to an incident should resolve on the payment of the costs of litigation.ImpositionArt. 531. - The costs shall be borne by the losing party, but the court may exempt it, total or partially, when it would have plausible reason to litigate.

Persons exempt fromArt. 532. - Representatives of the public ministry and the lawyers and agents involved in the process may not be sentenced to pay the costs, except in cases where especially otherwise specified and without prejudice to the criminal or disciplinary sanctions which may be incurred.

Art content. 533. - The costs will be:118

1 °) in the payment of the rate of justice.2 °) in the fees earned by the lawyers, attorneys and expert witnesses.3 °) in the other costs that have been caused by the processing of the cause.Determination of feesArticle. 534. - The fee of the lawyers and attorneys will be determined in accordance with the tariff act. In their absence, will be taken into account the value or importance of the process, the legal issues raised, assistance to hearings and, in general, all work carried out in favor of the client, and the result obtained.The fees of other persons will be determined according to the rules of the respective laws.Distribution of coastArt. 535. - When more than one sentenced to pay the court costs shall be the proportional part that corresponds to each one, without prejudice to the solidarity established by the civil law.Transitional provisionspending casesArt. 536. - (Article repealed by art. 88 Of Law No. 24,121 B. O. 8/9/ 1992)Validity of the previousArt acts. 537. - (Article repealed by art. 88 Of Law No. 24,121 B. O. 8/9/ 1992)Rule repealArticle. 538. - Shall be repealed all the provisions that are opposed to the current law, in particular article 30 of Law 23,184 .Will maintain its validity the arrangements for extradition by law 2,372 , its transformative and special laws, in everything that does not oppose this law.Until the entry into force of the Misdemeanour Code of the Federal Capital, remain valid articles 27, 28 inc. 1, 585, 586, 587, 588, 589 and 590 of the Act 2372 and its transformative, and article 30 of Law 23,184 .(Article replaced by art. 1 Of the Act No. 24,131 B. O. 4/9/ 1992)ForceArt. 539. - The present Code shall enter into force as of the year of its enactment, after that, carried out the reform of the relevant organic law, is established by the courts and other law enforcement bodies.119

- ERRATUM -(Note Infoleg: published in the B. O. on 29/11/91, p. 2)LAW 23,984in the edition of the September 9, 1991, where the above-mentioned Law, they slipped the following misprints.In the article. 1WHERE IT SAYS: ... may not distort the presumption of innocence ...Must say: ... may not distort the presumption of innocence ...In the article. 5°WHERE SAID: ... expressly provided by law.Must say: ... expressly provided for by law.In the article. 33Inc. 1 °)WHERE SAID: c) is committed in the territory of the capital ...SHOULD READ: c) The committed in the territory of the Capital ...inc. 1 °) d)WHERE IT SAYS: ... the examining magistrates of the capital;IT SHOULD SAY: ... the examining magistrates of the Capital Inc.1 °) (e)WHERE IT SAYS: ... possession of weapons of war ...Must say: ... possession of a weapon of war ...In the article. 45 Third paragraphWHERE IT SAYS: ... the appellant shall express under penalty ...Must say: ... the appellant shall express, under penalty ...In the article. 47 Inc. 5 °)WHERE HE SAYS: ... that any proposed in the manner provided for ...120

... If it recognizes the competence or otherwise, ...Must say: ... that any proposed, in the manner provided for ...... If it recognizes the competence or otherwise ...In the article. 49 Inc. a)WHERE IT SAYS: ... he knew the cause;IT SHOULD SAY: ... he knew the cause.In the article. 55 Inc. 3 °)WHERE SAID: ... degrees preindicados with ...Must say: ... degrees preindicados ...inc. 5 °)

WHERE HE SAYS: ... guardianship or cure ...Must say: ... guardianship of ...In the article. 57WHERE IT SAYS: ... if it considers appropriate court ...Must say: ... appropriate court, if it considers ...In the article. 60,WHERE SAID: ... during the instruction before its closure in the trial,YOU MUST SAY: ... during the preliminary examination, prior to its closing; in the trial,in the article. 77WHERE IT SAYS: ... cause, and if your state ...Must say: ... cause and, if your state ...In the article. 97WHERE IT SAYS: ... involved in the process to request ...Must say: ... involved in the process, at the request ...In the article. 111WHERE IT SAYS: ... that intervene if they had impediment ...121

SHOULD SAY: ... that intervene if they have any impediment ...In the article. 119WHERE IT SAYS: ... a teacher of deaf mutes, or lack of it, ...Must say: ... a teacher of deaf mutes or, in the absence of the ...In the article. 124WHERE IT SAYS: ... cars must be susciptos by judge ...Must say: ... cars shall be subscribed by the judge ...In the article. 127WHERE IT SAYS: ... and if it was the Supreme Court of Justice ...Must say: ... and if it was to the Supreme Court of Justice ...In the article. 129WHERE IT SAYS: ... the true copy shall have the value of those.Must say: ... the true copy will have the value of those.In the article. 130WHERE IT SAYS: ... order rework, ...Must say: ... ordered the redrawing, ...In the article. 137WHERE IT SAYS: ... if that place is not within its competence.Must say: ... if this place were not of their competence.In the article. 148WHERE IT SAYS: ... cannot or does not sign the will he knew ...Must say: ... cannot or unable to sign, they will ...In the article. 149WHERE HE SAYS: When the person to whom you must notify ...

MUST SAY: When the person to be supplicated notify ...In the article. 169122

WHERE IT SAYS: ... and that have an interest in the enforcement ...Must say: ... and that have an interest in the enforcement ...In the article. 171WHERE SAID: 3 °) If however ...SHOULD READ: 3 °) Yes, however ...In the article. 183WHERE IT SAYS: ... under the complaint ...Must say: ... on the basis of a complaint ...In the article. 184 Inc. 9 °)WHERE SAID: Only questions may be addressed ...Must say: Only will be able to ask questions ...In the article. 185WHERE IT SAYS: ... intact to competent judicial authority; ...Must say: ... intact to the competent judicial authority;in the article. 193 Inc. 4 °)WHERE HE SAYS: ... livelihoods and background ...... Development of their mental faculties ...Must say: ... subsistence and background ...... Development of their mental faculties ...In the article. 197WHERE IT SAYS: ... penultimate paragraph, and 294, under penalty ...Must say: ... penultimate paragraph, and 294 under penalty ...WHERE IT SAYS: Involvement of the Public Prosecutormust say: Involvement of the Public Ministryin the article. 218WHERE IT SAYS:... previously warned of such fact.123

SHOULD SAY: ... previously warned of such a right.In the article. 227 Inc. 1 °)WHERE SAID:... inhabitants of the property.Must say: ... people or property.In the article. 230WHERE HE SAYS: If there were about a woman ...MUST SAY: If the person being searched on a woman ...

In the article. 244 Third paragraphWHERE IT SAYS: ... the judge will proceed without further questioning.Must say: ... the judge shall, without more, to interrogate him.In the article. 250WHERE IT SAYS: ... armed forces, from the ...Must say: ... armed forces since the ...In the article. 258 First paragraphWHERE IT SAYS: ... ex officio to an expert unless ...Must say: ... ex officio to an expert, except ...third paragraphWHERE IT SAYS: ... if possible, their reproduction.Must say: ... if possible, their reproduction.In the article. 278WHERE IT SAYS: ... it will be on record, ...Must say: ... that is the record, ...In the article. 282WHERE HE SAYS: If the above is not filed ...MUST SAY: If the summoned does not appear ...In the article. 294124

WHERE IT SAYS: ... in the commission of an offense, the judge will proceed ...Must say: ... in the commission of a crime, the judge will proceed ...In the article. 327 Inc. 2 °)WHERE SAID: …absuelvas the accused ...Must say: ... will acquit the accused ...In the article. 341WHERE IT SAYS: ... or competency, but if ...Must say: ... or competition; but if ...In the article. 355WHERE IT SAYS:... the public prosecutor's office and the other parties ...Must say: ... the Office of the attorney general and other parties ...In the article. 359WHERE IT SAYS: ... shortened in the case that mediate ...Must say: ... shortened in the case of that mediate ...In the article. 365WHERE IT SAYS: ... ten (10) days, in the following cases.Must say: ... ten (10) days, in the following cases:in the article. 369WHERE IT SAYS: ... may not carry arms and other things ...Must say: ... may not carry arms or other things ...WHERE IT SAYS: New testmust say: New evidence

in the article. 395WHERE HE SAYS: When in the test cause ...MUST SAY: When in the causes of test ...WHERE IT SAYS:125

CHAPTER IIIprosecutions for offenses of private action

complaint Section Imust say:CHAPTER IIIprosecutions for offenses of private actionfirstcomplaint sectionin the article. 418 Inc. 2 °)WHERE HE SAYS: ... if ignoraren any ...Must say: ... if ignoraren, any ...In the article. 425 Third paragraphWHERE IT SAYS: ... If requested by the complainant, ...Must say: ... If the complainant requests, ...WHERE IT SAYS: thesetting of the hearing,you should say:fixing of hearingin the article. 430WHERE IT SAYS: ... for common trial.Must say: ... the trial common.In the article. 434WHERE SAID: Art. 424. - The accused ...Must say: Art. 434. - The accused ...126

Second paragraphWHERE IT SAYS: ... if outside minor, ...Must say: ... if he is a minor, ...In the article. 445WHERE IT SAYS: ... by the accused in his favor, ...

Must say: ... by the accused or his favor, ...In the article. 457WHERE IT SAYS: ... order to action, to the death penalty, ...Must say: ... end to the action or the penalty, ...In the article. 459 Inc. 2 °)WHERE HE SAYS: ... criminal condemn ...Must say: ... criminal to condemn ...In the article. 465WHERE IT SAYS: ... hearing to inform with interval ...Must say: ... hearing to inform, with interval ...In the article. 510WHERE IT SAYS: the reversal ...MUST SAY: The reversal ...In the article. 515WHERE IT SAYS: ... to the accused, and solve about ...Must say: ... to the accused, and solve, about ...In the article. 520WHERE IT SAYS: ... Code of Civil Procedure and Commercial nation but ...Must say: ... Code of Civil Procedure and Commercial nation, but ...In the article. 538WHERE IT SAYS: ... in everything that they will not oppose this law.127

MUST SAY: ... in everything that does not oppose the present law.In the article. 539WHERE IT SAYS: this code ...Must say: this Code ...Normative Background:- Article 23 replaced by art. 2° Of the Law No. 26,371 , B. O. 30/5/2008. Effect: see article 14, implementation of the reference standard;- Article 33, paragraph 1, subparagraph (e, replaced by art. 3° Of the Law No. 25,886 B. O. 5/5/2004.

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