The National Government has made official the new Federal Criminal Procedure Code. The measure promulgates Law 27.063 and its amendment, Law 27.482, and has the signature of President Mauricio Macri, the Chief of Cabinet, Marcos Peña, and the Minister of Justice and Human Rights, Germán Garavano.
This is established by the decree 118 / 2019 published this Friday (8.2.2019) in the Official Gazette.
Complex crimes
The reform is aimed at changing the mechanisms of criminal prosecution of federal crimes through the incorporation of tools for the investigation of complex crimes such as Drug trafficking, corruption, human trafficking and organized crime.
5 laws
The new Code It incorporates the laws of Flagrancy, Effective Collaborator, Special Investigation Techniques, Corporate Criminal Responsibility and Execution of the Sentence, sanctioned in recent years.
Adversarial or accusatory system
Another of the issues that are incorporated into the new regulations is the adversarial or accusatory system, which is characterized by a distinction of tasks that ensures a more balanced process and It clearly differentiates the function of conducting the investigation, which is the responsibility of the prosecutor, from the function of judging, which is the responsibility of the judge.. Thus, prosecutors assume a leading role.
Progressive schedule
Among the topics incorporated through the Law 27.482, legislators provided that The Bicameral Commission for Monitoring and Implementation of the New Criminal Procedure Code will study and define a progressive implementation schedule, after consultation with the Council of the Judiciary and the Public Prosecutor's Office of the Nation.
4 years in the Making
It is expected that the implementation of the law will take more than four years. as it will be applied progressively in the jurisdictions of the north of the country, then in those of the south and finally in those of the center.
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