THE CIVIL AND COMMERCIAL CODE OF THE NATION

Law 27363

Amendment.



ARTICLE 1 °-The following Article 700a is incorporated into the Nation's Civil and Commercial Code:

Article 700a: Any parent is deprived of parental responsibility for:

a) To be convicted as an author, coauthor, instigator or accomplice of the crime of homicide aggravated by the link or mediating gender violence as provided for in Article 80, points 1 and 11 of the Criminal Code of the Nation, against the other parent;

b) Be convicted as an author, co-author, instigator or accomplice of the crime of injury provided for in Article 91 of the Criminal Code, against the other parent, or against the son or daughter concerned;

c) Be convicted as an author, co-author, instigator or accomplice of the crime against sexual integrity provided for in Article 119 of the Criminal Code of the Nation, committed against the son or daughter in question.

Deprivation will also operate when the offences described are set up in the degree of attempt, if appropriate.

The conviction of a firm criminal conviction produces the deprivation of parental responsibility in full. The final judgment must be communicated to the Public Ministry for the purposes of Article 703, taking into account the legal assistance provided for in the second paragraph of Article 26 and the authority to protect the rights of the public. the girls, boys and adolescents competent in each jurisdiction, for the purpose of proceeding in civil seat, for the purposes of this Article. The provisions of Article 27 of Law 26061 must be observed.

ARTICLE 2-Amend Article 702 of the Civil and Commercial Code of the Nation, which shall be worded as follows:

Article 702: Suspension of the financial year. The exercise of parental responsibility shall be suspended for the duration of:

(a) the declaration of absence with a presumption of death;

(b) the time limit for imprisonment and imprisonment for more than three (3) years;

(c) the statement by a firm judgment of the limitation of the capacity for serious mental health reasons which prevent the parent from such exercise;

(d) the coexistence of the son or daughter with a third party, separated from his parents for serious reasons, in accordance with the provisions of special laws;

(e) the criminal prosecution or equivalent act, for the offences referred to in Article 700a. The order of processing must be communicated to the Public Ministry for the purposes of the provisions of Article 703, taking into account the legal assistance provided for in the second paragraph of Article 26 and the authority to protect the rights of the the girls, boys and adolescents competent in each jurisdiction, for the purpose of proceeding in civil seat, for the purposes of this Article. The provisions of Article 27 of Law 26061 must be observed. The exercise of parental responsibility shall not be suspended in the terms of this paragraph in the cases of Article 700a (a) and (b), where in the facts under investigation or in his/her background, gender-based violence.

ARTICLE 3-This law shall apply to legal situations pending or in the course of execution.

ARTICLE 4 °-Commune to the national executive branch.

GIVEN IN THE SESSION HALL OF THE ARGENTINE CONGRESS, IN BUENOS AIRES, AT THE THIRTY-ONE DAY OF THE MONTH OF MAY OF THE YEAR TWO THOUSAND SEVENTEEN.


MARTA G. MICHELETTI. -EMILIO MONZO. -Eugenio Inchausti. -Juan P. Tunessi.


Under the terms of Article 80 of the National Constitution, I certify that Law No. 27,363 (IF-2017-12341494-APN-SST#SLYT) sanctioned by the HONORABLE CONGRESS OF THE NATION on May 31, 2017, has been enacted in fact on the 22nd day of June 2017.

For your publication to the National Directorate of the Official Register, please give a copy to the HONORABLE CONGRESS OF THE NATION and, for your knowledge and other effects, refer to the MINISTRY OF JUSTICE AND HUMAN RIGHTS. Compliment, file. -Pablo Clusellas.