Dramatic change: the new Procedural Code will begin to govern in the Federal Justice of Mendoza

Dramatic change: the new Procedural Code will begin to govern in the Federal Justice of Mendoza
Dramatic change: the new Procedural Code will begin to govern in the Federal Justice of Mendoza

The national government made official a resounding change in the Federal Justice of Mendoza: in August the new Federal Criminal Procedure Code. Among other things, it implies that the “accusatory” system is applied to investigate crimes and a large part of the investigative power is transferred to the prosecutors, that is, to the Public Prosecutor’s Office, the criminal judges will be guarantors of the processes.

The decision was communicated today through the Official Gazette. Previously, the Minister of Justice Mariano Cúneo Libarona came to Mendoza and met with the different actors in the system and the Chief of Staff, Nicolás Posse had ratified the schedule in his report to the Senate.

The new Code will come into force in Mendoza on August 5 in Mendoza, San Juan and San Luis, that is, the entire jurisdiction of the Federal Chamber of Mendoza. Includes the courts of Villa Mercedes and San Rafael. “To provide for the full entry into force of the FEDERAL CRIMINAL PROCEDURE CODE (TO 2019), in the Federal District corresponding to the FEDERAL CHAMBER OF APPEALS OF MENDOZA, starting at 00:00 on August 5, 2024,” the resolution says. of the Ministry of Justice.

Minister Mariano Cúneo Libarona had announced the change.

This year the new Code had come into force in Santa Fe. Mendoza was always prioritized, but it had not been implemented. “As stated in the expository part of the Decree of Necessity and Urgency No. 188/24, the stagnation experienced by the procedural reform initiated in 2014 seriously compromises the interests of the national State. In the main, the simultaneous validity of DOS ( 2) procedural regimes and various norms of different codes in the federal order trigger normative and operational problems that harm the functioning of the justice system,” say the arguments of the norm.

The main change has to do with the ratification of the adversarial system. That is why prosecutors will conduct criminal investigations and have the task of accusing, while judges will guarantee the processes and hand down sentences. Until now the roles of judges have overlapped.

In Federal Courts they had demanded that the implementation of the Code come with more resources, mainly for the Public Prosecutor’s Office.

The notice

 
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