Thursday 3/28/2024
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Last update 20:26
The Santa Fe Legislature sanctioned this Wednesday the reform to the Criminal Procedure Code, through which new tools will be put into practice to support the security policy of the current administration. Here, a summary of what the central axes are and what the changes imply.
1) The norm is presented as an adaptation to the State’s fight against drug trafficking and organized crime that presents new forms of violence, complexities, complicities and capacity in economic resources.
2) This is the modification of 36 articles of Law 12,734, the Criminal Procedure Code of the Province of Santa Fe. It is the most profound change to the norm since 2007 when the current adversarial system and oral trial were sanctioned.
3) The voted law is part of a package of regulations requested by Governor Maximiliano Pullaro to confront the insecurity crisis which also includes the defederalization of drug dealing (provincial judges and prosecutors dealing with drug dealers) and citizen jury trials.
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Acute reform in Santa Fe: more power to judges, prosecutors and police
4) With the voted changes In both Chambers, special investigation and evidence measures are added to expand the scope of action of judges, prosecutors and the police.
5) The figures of the “undercover agent” are created“, revealing agent, informant and controlled delivery”, for criminal prosecution by the MPA. The registration of these special investigative measures is also regulated.
6) Enables the individualization of accused persons from the DNA registry.
Governor Maximilano Pullaro was the promoter of these reforms, whose project he presented as soon as he took office in December.
7) Add the figure of the repentant to a normative chapter and all their actions in the criminal process are regulated.
8) Add coercive measures, limits the abbreviated procedure (so that sentences are issued for certain crimes) and again allows the formulation of charges based on written communication as a fundamental basis. It provides mechanics in the oral trial hearings.
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In the Senate there was unanimity to reform the Criminal Procedure Code
9) Establishes police jurisdiction to clarify and capture within the framework of criminal prosecution the legal direction of the investigation and litigation of the cases (MPA) and the technical/scientific direction (Police).
10) Extends the detention period to 15 days, extendable for another equal period, with judicial control. “The formalization of the accusation is not tied to the arrest,” he clarifies. And that “once these deadlines have expired for the precautionary measure to continue, the prosecutor must have requested a hearing to request preventive detention.”
11) It is incorporated into the cessation of the illegal state an express regulation for investigations linked to micro-trafficking to order the immediate eviction and by public force of the intruders (cases of extortion and usurpations in a broad sense, not the criminal legal framework of the crime) and the restitution of the property to whoever appears plausibly as their legitimate holder or had been a victim of forced displacement.
12) In cases of violation of law 23,737 possession and trafficking of narcotics, the demolition or collapse of the precarious constructions that have been erected (the bunkers) may be ordered, without prejudice to any civil actions that may arise.
The Drug Trafficking Investigation Directorate of the Criminal Investigation Agency, during a procedure in a bunker.
13) Modifies the treatment of confiscated assets remaining at the disposal of the Provincial Agency for the Registration, Administration and Disposal of Assets and Patrimonial Rights, which will be in charge of its custody, administration, conservation and disposal.
14) Modifies the summary trial for cases of crimes against life or sexual integrity in which the temporary sentence must be individualized within the upper third of the respective criminal scale and adds controls by regional prosecutors and the attorney general’s office.
15) The project modifies article 10 bis of the Organic Law of Police Personnel That, except in cases of flagrancy, does not allow the server to detain or restrict the bodily freedom of people without an order from a competent authority. The reform allows detention and orders a series of guarantee steps that must be followed.
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Bastía highlighted the sanction of the reform of the Criminal Procedure Code
16) Now, the January judicial fair and in winter it ceases to apply “in criminal matters.” The Supreme Court, the Public Prosecutor’s Office and the Provincial Public Service of Criminal Defense must regulate, organize and schedule the granting of vacation leaves to their officials and employees so that each of the aforementioned bodies guarantees at least the labor presence for the provision of the justice service of 50% of the total officials and employees of the plant, respectively, in each constituency and district as appropriate.
