NCJ Number
130451
Editor(s)
F W Danforth Jr
Date Published
1963
Length
126 pages
Annotation
After an introduction that outlines the history, organization, and contents of Argentina's Penal Code, drafted in 1960, this book presents the penal code.
Abstract
The code is organized in two parts, the general and the special. The general part covers the general application of the criminal law, the penalties, suspended sentence, reparation of damages, criminal liability, attempt, accessoryship, recidivism, concurrence of felonies, extinction of liability and prosecution, exercise of prosecutions, functions, and definitions of the terms used. The special part addresses the particular felonies and is divided into felonies against the person, honor, civil statutes, liberty, property, security, security of the Nation, felonies against the government and the constitutional order, public administration, and public faith. The code attempts to reconcile the principal dichotomy inherent in modern penal legislation: the protection of the individual's rights and the protection of the community. The code respects the principle of nullum crimen sine lege. It defines every offense precisely, assigns to each a corresponding sanction, and grants the judge a margin of discretion that permits the application of punishments within minimum and maximum limits established by law. The code establishes the punishments of imprisonment, jailing, fine, and disqualification. Life imprisonment is only for homicides under aggravating circumstances. Parole is also specified in the code. Security measures are indicated for dangerous persons who are not criminally liable, and there are special rules for minors and special attention to recidivism.