Regulatory
Law 24059 INTERNAL SECURITY (updated as laws 25520 and 25443)
Title 1
basic principles
ARTICLE 1 °: The present law establishes the legal basis, organic and functional system of
planning, coordination, control and support of the national effort of police aimed at
ensuring the internal security.
ARTICLE 2 °: For the purposes of this law is defined as internal security to the de facto
situation based on the law in which are sheltered freedom, life and the heritage of the
inhabitants, their rights and guarantees, and the full force of the institutions of the
representative system, republican and federal the National Constitution.
ARTICLE 3 °: The internal security involves the use of human and material elements of all the
police and security forces of the Nation in order to achieve the objectives of article 2.
ARTICLE 4 °: The internal security as field space has the territory of the Republic of
Argentina, their territorial waters and airspace.
ARTICLE 5 °: The internal security, in accordance with the principles derived from the
constitutional organization, is regulated by national and provincial laws relating to the
subject matter, with force in each jurisdiction and by the present law, which will be based on
an agreement, in terms of the interjurisdictional coordinated action with those provinces
that adhere to the same.
Title 2
of the system of internal security.
Purpose, structure, bodies, missions and functions
ARTICLE 6 °: The system of internal security is intended to determine the security policies as
well as plan, coordinate, direct, monitor and support the national effort of police led to the
enforcement of these policies.
ARTICLE 7 °: are part of the system of internal security: (
a) The President of the Nation; (b) The governors of provinces that adhere to this law; (c)
The National Congress; (d) The ministers of the Interior, Defense, and justice;
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e) The Federal Police and the provincial police of those provinces that adhere to the present:
f) National Gendarmerie and Prefectura Naval Argentina.
ARTICLE 8 °: The Ministry of the Interior by delegation of the President of the Nation, in
addition to the powers granted in the Law of Ministries, shall exercise the political
leadership of the national effort of police, with the modalities of article 24. Also coordinate
the actions of these bodies and forces between themselves and with the provincial police
forces, with the scope that are derived from the present law.
For the purposes of the exercise of the functions identified in the preceding paragraphs, you
will have a Secretariat for internal security.
The minister of the Interior shall be responsible for the senior management of the police and
security forces of the national State. With regard to the latter, such authority is limited to
the purposes of internal security, without prejudice to the dependence of the same from the
Ministry of Defense, and the powers of the ministry and missions of these forces, derived
from the national defense.
The faculty referred to in the preceding paragraph implies the following powers:
1. Formulate policies for the area of internal security, and to develop the doctrine and plans
and lead the actions to guarantee an adequate level of internal security, with the advice of
the Council of internal security.
2. Direct and coordinate the activity of the organs of information and intelligence of the
Argentine Federal Police; as also of those belonging to National Gendarmerie and Prefectura
Naval Argentina, in these latter cases exclusively for the purposes relating to internal
security.
3. Understand in the determination of the organization, doctrine, deployment, training and
equipping of the Argentine Federal Police; and intervene in these aspects in relation to
national gendarmerie and Prefectura Naval Argentina, in these latter cases exclusively for
the purposes set out in this law.
4. Have elements of the police and security forces of the national State, through the heads
of the respective bodies and forces, and use the same, with the help of those bodies
established under the provisions of this law.
ARTICLE 9 °: Creation of the Domestic Security Council with the mission to advise the
minister of the Interior in the development of policies for the area of internal security, as
well as in the preparation of plans and the implementation of the actions to guarantee an
adequate level of internal security.
ARTICLE 10 °: For the accomplishment of the mission assigned to the Security Council will
have Interior functions as:
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a) the formulation of policies relating to the prevention and scientific research of the types
of crime that affect of a most serious quantitative or qualitative impact on the community;
b) the development of the doctrine and the plans for the coordination and integration of the
police actions and operations both domestic and cross-jurisdictional; (c) The advice in regard
to the provision of staff support and media that such actions and operations requiring; (d) to
advise on all draft regulations for the provisions of this law; (e) require the civilian agencies
national or provincial intelligence and the Of the security forces and police, all information
and intelligence necessary, which must be supplied; (f) to monitor the performance of the
office of the Argentine Police Convention, and other conventions and international police;
(g) to increase the professional skills of human resources of the system, tending to the
integration and economy of the efforts of the educational system police; (h) to establish the
necessary coordination with the Council of National Defense; (i) Promote the adequacy of
the equipment of the police and security forces for the best compliance with the provisions
of the point b).
ARTICLE 11 °: The Domestic Security Council shall be composed of permanent and nonpermanent members, they will be:
Permanent: (
a) The minister of the Interior, as President; (b) The Minister of Justice; c) The secretary of
programming for the Prevention of Drug Addiction and the fight against drug trafficking; (d)
the assistant secretary for internal security; (e) The headlines of:
-Argentine Federal Police; - Prefectura Naval Argentina; - National Gendarmerie; and - five
provincial police chiefs that adhere to the system which will rotate annually according to
what is established in the regulations, ensuring that they are represented all regions of the
country.
Non-permanent.
- Minister of Defense; - holder of the Joint Chiefs of Staff; - The heads of provincial police not
nominated to the Council on an ongoing basis;
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provincial governors who so request may participate in the meetings of the Council.
(Paragraph incorporated according to the law 25443) legislators members of the Standing
Committees of internal security in both Chambers of the Congress of the Nation who so
request, may participate in the meetings of the Council.
ARTICLE 12 °: The Domestic Security Council will be its own rules of procedure of operation
and organization. To its meetings may be called upon to participate for the purpose of
advice all those officials national and provincial public and to invite the personalities whose
turnout might be of interest to the Council's view.
ARTICLE 13 °: In the field of Domestic Security Council, when deemed necessary, shall be
constituted a Crisis Committee whose mission will be to carry the political leadership and
operational oversight of the police forces and federal security forces and provincial that are
committed to the restoration of internal security in any part of the national territory and
shall be composed of the minister of the Interior and the governor as co-chairs, and the
holders of National Gendarmerie, Prefectura Naval Argentina and Federal Police. If the facts
abarcaren more than one province, will be integrated into the Crisis Committee the
governors of the provinces in which they take place, with the coordination of the minister of
the Interior. If it is configured in the course of the article 31 will be included as co-Minister of
Defense as an integral and the holder of the Joint Chiefs of Staff. The assistant secretary for
Internal Security Act as secretary to the committee.
ARTICLE 14 °: (Expression replaced according to the law 25520) The Domestic Security
Council and the Committee of crisis will have as a body of work of the Assistant Secretary for
internal security referred to in article 8. The same will be assisted in its structure with a
Center for Planning and Control and a National Criminal Intelligence Directorate.
ARTICLE 15 °: The Center for Planning and Control task will be to assist and advise the
Ministry of the Interior and the Committee of crisis in the conduct of the police and security
forces to the effects of this law. Shall be composed of senior staff of the Argentine Federal
Police, the National Gendarmerie, Prefectura Naval Argentina, provincial police, and officials
that might be necessary.
ARTICLE 16 °: (Expression replaced according to the law 25520) The National Criminal
Intelligence Directorate will constitute the body through which the minister of the Interior
shall exercise the functional direction and coordination of the activities of the organs of
information and intelligence of the Argentine Federal Police; as also of those belonging to
the National Gendarmerie and the Prefectura Naval Argentina, in these latter cases
exclusively for the purposes relating to internal security, and existing at the provincial level
in accordance with the agreements to be concluded.
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Will be composed of senior staff from Argentine Federal Police, the National Gendarmerie,
Prefectura Naval Argentina, provincial police, and officials that might be necessary.
ARTICLE 17 °: The Office of the Under-Secretary for internal security will have the following
functions:
a) to advise the minister on everything relating to the internal security; (b) plan, coordinate,
supervise and support the inter-jurisdictional police operations or between the institutions
that make up the system; (c) oversee the coordination with other institutions foreign police,
for the purposes of compliance with international agreements and conventions to which the
Republic has been a signatory; d) assist the Minister of the Interior in the setting of the
doctrine, organization, deployment, training and equipping of the Argentine Federal Police,
as well as in the intervention in identical aspects that the ministry with respect to the
security forces, for the best performance of the assigned missions in the plans
Corresponding; e) attend the Council of internal security for the same objective in the case
of the provincial police.
ARTICLE 18 °: In each province to adhere to the present law will be established a Provincial
Council of complementarity for internal security.
The same shall constitute a component coordinated by the Minister of Government (or
similar) of the respective province and is composed of the provincial officials of the area of
security and the highest authorities in the province of Federal Police, the National
Gendarmerie and Prefectura Naval Argentina. Each province shall establish the mechanism
of operation of the same and will have as its mission the deployment of the
complementarity and the achievement of continual improvements in action on security in
the provincial territory through the exchange of information, the monitoring of the
situation, the achievement of agreement on modes of actions and anticipation of joint
operations and the evaluation of the results.
Title 3
of the police and security forces of the national State
ARTICLE 19 °: Will be compulsory cooperation and joint action between extra Federal Police,
the National Gendarmerie and Prefectura Naval Argentina.
ARTICLE 20 °: The strength of any of the police and security forces of the national State may
operate in jurisdiction attributed to other in persecution of criminals, suspected of offenses
and offenders or for the realization of urgent measures related to its function, when this
committed the success of the investigation, and must be given immediate knowledge, and
within a period of no more than four hours with the exception of the crime of stealing, the
Ministry of the Interior and to the police or security holder of
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the jurisdiction. Efforts will be made to establish through conventions, similar duties and
powers in relation to the provincial police.
ARTICLE 21 °: police institutions of the State security forces and national service are
considered permanent. Its members shall exercise their functions strictly in accordance with
the constitutional and statutory provisions and regulations in force and to a principle of
proportionality of the means employed in each case, seeking to fundamentally the
preservation of life and physical integrity of the persons to form the subject of their actions.
ARTICLE 22 °: The police and security forces that comprise the system of internal security
may not be engaged in actions or operations not provided for in the laws of the Nation. On
the other hand, the above-mentioned bodies and forces have to incorporate into their
regulations the recommendations of the Code of Ethics established by the General Assembly
of the United Nations.
Title 4
of the employment of the police and security forces
ARTICLE 23 °: The employment of the security forces and national police outside the scope
of the rules that Reglan federal jurisdiction shall be strictly subject to compliance with any of
the following assumptions:
a) when they are in danger collective life, liberty and the heritage of the inhabitants of a
region; b) when they are seriously threatened in the whole country or in a particular region
of the same, the constitutional rights and guarantees or the full force of the institutions of
the representative system, republican and federal; c) In disaster situation according to the
terms that norman civil defense.
ARTICLE 24 °: produced the cases referred to in the preceding article, the governor of the
province where the events take place may require the Ministry of the Interior the contest of
the police and security forces of the national State, in order to dominate the situation. Will
be given to the Committee on Crisis intervention incumbent upon him, according to the
provisions contained in this law.
Without requirement of the provincial government, may not be employed in the provincial
territory police forces and security forces of the national State but once taken the measures
laid down in articles 6 and 23 of the National Constitution, or by order of the federal courts.
ARTICLE 25 °: The Crisis Committee may delegate to a national or provincial official hierarchy
to assistant secretary not less than national or provincial minister local operational oversight
of the police and security forces to engage in internal security operations. The
aforementioned staff member will be
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empowered, in addition, to sort the initiation, suspension and termination of the application
of force, as well as to adjust the intensity of the same.
In case of need to be a degree of joint action of the greater collaboration, coordination of
simultaneous operations or relationships of support, the Crisis Committee shall designate in
charge of the joint security operations to a chief belonging to one of the police or security
forces of the national State responders, which is subordinate to the remaining elements of
the police forces and security forces national and provincial participants in the operation.
Title 5
of the follow-up to other State agencies
ARTICLE 26 °: The Domestic Security Council will establish the necessary contacts with the
rest of the national and provincial bodies whose means are provided for use in the
operations of internal security or disaster situation according to the rules that Reglan civil
defense, in order to coordinate their assignment of the form and opportunity.
ARTICLE 27 °: In particular, the Ministry of Defense would be available in case of
requirement of the Crisis Committee - that the armed forces support the operations of
internal security by the allocation at the request of the same, for their services of arsenals,
quartermaster, public health, veterinary medicine, construction and transport, as well as
elements of engineers and communications, this will be done on an ongoing basis with a
representative of the Joint Chiefs of Staff in the center of Planning and Control of the
Assistant Secretary for internal security.
ARTICLE 28 °: Any attack in time of peace to the military jurisdiction, regardless of primary
form in danger the defensive ability of the Nation, also constitutes a violation of the internal
security.
ARTICLE 29 °: In the cases provided for in article 28 is a primary obligation of the military
authority the preservation of the armed forces and the restoration of order within the
aforementioned jurisdiction, in accordance with the laws in force in the field.
ARTICLE 30 °: For the assumptions of the article 28, in regard to the safety aspects of the
interior, the Council of National Defense created by law 23,554 and the Security Council shall
provide for adequate internal coordination of support to the security forces and police can
provide in such circumstances in regard to the preservation of order in the military territorial
scope.
Title 6
of the 7 subsidiary employment of combat elements of the armed forces in operations of
internal security
ARTICLE 31 °: Without prejudice to the support provided for in article 27, the armed forces
shall be employed in the restoration of internal security within the national territory in those
exceptional cases in which the system of internal security described in this law is insufficient
at the discretion of the Leader of the Nation for the implementation of the objectives set out
in article 2.
ARTICLE 32 °: For the purposes of the previous article, the President of the Nation, in use of
the powers contained in article 86, paragraph 17 of the Constitution, you will have the
employment of combat elements of the armed forces for the restoration of the normal
situation of internal security, upon declaration of a state of siege.
In exceptional cases mentioned above, the employment of the armed forces will be
adjusted, in addition, the following rules: (
a) the conduct of the armed forces, the security forces and national police and provincial is
handled by the President of the Nation advised by the crisis committees of this law and of
the 23.554; (b) shall designate a operational commander of the armed forces and are
subservient to the same all the other security forces and police exclusively within the
territorial area defined for that command; (c) case referred to in this article in an unusual
form of employment, which will be developed only in situations of extreme gravity, the
same does not influence the doctrine, organization, equipment and training of The armed
forces, who maintain the characteristics resulting from the implementation of the law
23,554 .
Title 7 (existing text according to the law 25520) of the parliamentary control of the bodies
and activities of internal security
Title 7 (original text) of the parliamentary control of the bodies and activities of internal
security and intelligence
ARTICLE 33 °: (text according to the law 25520) created a bicameral commission of control of
the bodies and activities of internal security. Mission will be the supervision and control of
agencies and bodies of internal security currently existing, created by the present law and of
all those who believe in the future.
ARTICLE 33 °: (original text) created a bicameral commission of control of the bodies and
activities of internal security and intelligence.
Mission 8 will be the supervision and control of the agencies of internal security and
intelligence currently existing, created by the present law and all that will be created in the
future.
ARTICLE 34 °: The Commission shall consist of eight members of the Chamber of Senators
and an equal number of members of the Chamber of Deputies appointed by the respective
Chambers. Would be permanent in nature and shall adopt its own rules of procedure.
ARTICLE 35 °: The Commission shall verify that the functioning of organs and organisms
referred to in article 33, are strictly in conformity with the provisions of the constitutional
and statutory provisions and regulations in force, noting the strict observance of and respect
for the individual guarantees enshrined in the National Constitution as well as of the
provisions contained in the American Convention on Human Rights named "Pact of San José,
Costa Rica", incorporated in our legal system by law 23,054 .
ARTICLE 36 °: The Commission shall exercise all the powers and responsibilities necessary for
the accomplishment of its mission and, in particular, for the conduct of investigations that
would be relevant in the organs and bodies referred to in article 33.
Will Be especially empowered to: (
a) require of any agency or public entity national, provincial, municipal, as well as private
entities, all the information it deems necessary, which must be supplied; (b) require the
Judiciary de la Cité and brought with the assistance of the police force to the individuals who
are deemed relevant, in order to expose on facts related to the subject matter of the
Commission; (c) require the relevant judicial agencies, it would prevent the output of the
national territory, without authorization, of those persons that constitute part of the
investigations to be undertaken; d) propose to the Executive Branch of the national
measures to overcome the shortcomings that are perceived on the occasion of the proposed
research.
ARTICLE 37 °: The Commission will produce an annual public report to the Senate and
Chamber of Deputies and a secret report addressed to the Cameras and referred to the
national Executive Power, in which informed of the results of the work performed and the
improvements that creates necessary to implement.
In the case of dissent among the members of the Commission, the Commission may produce
so many reports in the minority as dissent exist in her womb.
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Title 8 transitional provisions and complementary
ARTICLE 38 °: Repeal Article. 13 Of the law 23554, as well as the table annexd to the same.
ARTICLE 39 °: The Argentine Federal Police will depend on organic and functionally of the
Ministry of the Interior.
ARTICLE 40 °: The cost pertaining to the implementation of the provisions of this law, shall
be met by funds from the national budget lines for the safety function that will be approved
annually, and with the contributions that determine on an annual basis the Domestic
Security Council proportionally for each province.
ARTICLE 41 °: The Convention Argentine police force will continue to the extent of their
compatibility with the provisions of this law, leaving his office subject to the supervision of
the Domestic Security Council under the terms of article 10, paragraph (f).
ARTICLE 42 °: The Domestic Security Council shall establish the necessary arrangements for
the compatibilization prescribed by the preceding article, and may propose to repeal the
rules of the Convention Argentine Police that are inimical to the content of the present law.
ARTICLE 43 °: The regulation of the present arrangements shall be made upon request by
the Ministry of the Interior to all the permanent and non-permanent members of the
Council of internal security, all those suggestions that are appropriate and necessary for the
implementation of the provisions of this law.
ARTICLE 44 °: The National Executive, through the Ministry of the Interior, be invited to the
provincial governments to accede expressly to the provisions of this law, through the
institutional Act prescribed by their respective constitutions. Accession shall be
communicated in any authoritative manner to the national Executive, also through the
Ministry of the Interior.
ARTICLE 45 °: Please contact the Executive Branch.
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