SECURITY FORCES
Argentine Federal Police
Rules governing the relations between the institution and the police personnel and these among themselves.
Law No. 21,965
Buenos Aires, March 27 1979
See Normative Background
In use of the powers conferred by article 5 of the Statute for the National Reorganization Process,
THE PRESIDENT OF THE ARGENTINE NATION
SIGNS AND promulgates WITH FORCE OF LAW
LAW FOR THE STAFF OF THE ARGENTINE FEDERAL POLICE
TITLE I
Police State
CHAPTER I
Scope
ARTICLE 1 . - This Act reaches the police staff with state of the Argentine Federal Police and regulates the rights holders of the cause.
ARTICLE 2° - the police personnel is grouped in the categories identified in the Annexs II and III of this Act.
ARTICLE 3° - the police state is the legal situation resulting from the whole set of duties, obligations and rights that the laws, decrees and regulations set out for the staff at activity or withdrawal.
ARTICLE 4° - The situation of "activity" is that of personnel belonging to the Argentine Federal Police that, taking police state, has the obligation to perform functions and cover the destinations that for each case indicate the relevant legal provisions. The staff at activity in accordance with the permanent table.
ARTICLE 5° - The situation of "withdrawal" is one in which the staff from the permanent picture, while keeping your degree and the police state, it stops in the compliance of functions with compulsory, except in the cases provided for in this Act and its Regulations.
ARTICLE 6° - the police state is lost by low of the Argentine Federal Police.
ARTICLE 7° - the loss of the police state does not cause the loss of the rights to be passivity which could correspond to the originator or their right - cardholders, if there is sufficient evidence a minimum of twenty (20) years of service still simple senior staff and seventeen (17) years simple when it comes to junior staff. It is excluded from this rule that the staff would have been exonerated, who will lose all rights to the mentioned having, except the pension benefits for the right-holders in the form and opportunity to determine the regulations.
CHAPTER II
Duties, obligations and rights
ARTICLE 8° - the police state involves the following common duties to staff in activity or retreat:
A) bring their public and private conduct to ethical standards, consistent with the state police.
B) do not integrate, participate or accede to the actions of political entities, cultural or religious that violate the tradition, the institution, the homeland and its symbols.
C) to defend, preserve and enhance the honor and prestige of the Argentine Federal Police.
D) to defend against tracks in fact, the life, liberty, and property of the people even at the risk of his life or personal integrity.
ARTICLE 9° - the police state imposes the following essential obligations to staff in situation of activity:
A) to maintain public order, to preserve the public safety, prevent and suppress any infraction of the law of their competition, even coercive forms and with risk of life.
(B) subject to the general scheme of the institution and the exercise of the powers by rank and position.
C) the acceptance of the degree, title and distinctions which give the competent authorities in accordance with the laws in force.
D) The performance of the charges, duties and fees ordered by superiors to appropriate in each case in accordance with what organic regulations and is established for each grade and destination.
E) The non-acceptance or performance of charges, duties or jobs outside the police activity, without explicit prior authorisation of the competent authority.
F) the non-participation in political activities, party or guild, nor the performance of public functions specific to elective office.
G) abstain in any way to integrate or participate in entities that promote or acting in conditions that are incompatible with the performance of the police function.
H) meet with unique character and permanent exercise of the police function, except in the case of institutional interest in the way determined by the Regulations of this Law.
I) The exercise of disciplinary powers own the police order and according to their rank and position.
ARTICLE 10 - The police state gives the following rights essential to the staff at activity:
A) ownership and use of the degree with the scope set forth in this Act and its Regulations.
B) Allocation of the charge that statutorily appropriate to their degree, as well as the exercise of the functions inherent to the same.
C) Use of uniforms, insignia, flags, attributes, and own weapons grade, function and destination that play.
D) The honors and police powers for the corresponding rank and position in accordance with the legal provisions in force or what determine the regulation of this Law.
E) perception of the earnings for each grade and situation of magazine entitled as well as the pension for their entitled beneficiaries in accordance with the Regulations of this Law and the legal provisions in force in the field.
F) the social services and health care that legally correspond, for themselves and their family group.
ARTICLE 11 - for the personal situation of withdrawal in governing the following limitations and extensions to the rights and obligations prescribed by Articles 9 and 10 of this Act:
A) is subject to the disciplinary regime and to the courts of existing discipline, with the degree, title and distinctions with what would have happened to the situation of "withdrawal".
B) constitutes personal determination the application of functions within the institution. In case to be called to serve the exercise of these functions shall be binding.
C) when he is called to render services, does not accumulate years of service in the career or will evolve in the same, except that to an extraordinary situation is wholly or partially mobilize the police personnel and mediate a decree expressed of the national executive power by providing relevant.
D) does not have disciplinary powers, except that play police functions and in which case the will be solely with regard to the staff to provide services directly to their orders.
E) he must attend to the maintenance of public order, security and the prevention and suppression of crime. The acts done under this legal duty will be considered for all its effects as exercised by staff in activity.
F) can hold public office and to play private functions compatible with the decorum and police hierarchy, as prescribed by this Act and its Regulations.
G) in commercial activities, political or public demonstrations of any kind, you cannot make use of their degree, uniforms, insignia, weapons or other attributes of its own hierarchy, unless expressly authorised by the existing regulations.
H) may make use of the uniform, credential and weapons in a manner to be determined by this Act and its Regulations.
CHAPTER III
Hierarchy, superiority and Precedence
ARTICLE 12 - The hierarchy is the order that determines the relations of superiority and dependency. Is set by degrees. Degree is the name of each of the levels of the hierarchy. The hierarchy is the set of all degrees sorted and classified. The police hierarchy is detailed in Annex I of the present Law. Superiority police is the police which has a connection to another for reasons of charge, of hierarchy or seniority.
ARTICLE 13 - The relations of superiority shall be governed by the following guidelines:
A) The superiority by charge is that resulting from the organizational unit, that is to say that emanates from the roles that each plays within the same agency.
B) the hierarchical superiority is that emanates from possess a higher degree of agreement to the hierarchical scale mentioned in article 12.
C) superiority by seniority is the that to equal grade is determined, successively, by seniority in the same, by the age and general by the age.
ARTICLE 14 - for the staff of the same degree and without taking into account the relative age establishes the following order of precedence:
A) Staff in situation of activity.
B) Staff in retired status called to provide services.
C) Staff in retired status.
ARTICLE 15 - The relative age of personnel belonging to different categories and the corresponding precedence shall be that arising from the Annexs II and III of this Act and the relevant Regulations.
ARTICLE 16 - The time spent by the staff in situation of availability or passive, when only be computed for the purposes of withdrawal, will not be considered to establish superiority by seniority.
ARTICLE 17 - The staff of cadets will have to grade equivalency, precedence on the junior staff.
CHAPTER IV
Low and Reinstatement
ARTICLE 18 - Any member of the police personnel may be separated from the institution but under cause provided for in this Law and founded by resolution issued by the competent authority, subject to compliance with the legal forms and regulations prepared for each case.
ARTICLE 19 - The low, that means the loss of the police state, occurs for the following reasons:
A) for the staff at activity or retired, at the request of the person concerned.
B) for the staff of the permanent picture that, taking less than ten (10) years of service and simple that it is not for it to be for the withdrawal of agreement to the provisions of this Act, be removed at their request or compulsorily.
C) by sacking
D) By exemption.
E) by loss or suspension of the rights inherent in the Argentine citizenship, regardless of the number of years of service of the deceased.
ARTICLE 20 - The low referred to in the preceding article shall be prepared:
A) by the National Executive, at the request of the Chief of the Argentine Federal Police, to the senior staff.
B) by the Head of the Argentine Federal Police, for the junior staff and students.
ARTICLE 21 - The low requested by the deceased will be granted provided, except that the same preliminary investigation can result is administratively, serving a disciplinary punishment or processed, in the cases determined by the Regulations.
During states of war or of site and in the cases of public shock your concession will be optional on the part of the competent authority.
ARTICLE 22 - The staff of low for the reasons expressed in subparagraph (a) of article 19 may be reinstated in its corresponding ranks, on condition that:
A) request in the term of two (2) years from the low
B) The National Executive considers it appropriate his reinstatement in the case of senior staff or the Head of the Argentine Federal Police, in the case of junior staff.
C) have been complied with the formalities for the purpose by the Regulations of this Law.
ARTICLE 23 - The reinstatement shall be made in the same situation of magazine, hierarchy and degree that had the originator at the time of his dismissal. In the event returning to activity will be the last post in the degree of the respective ranks.
TITLE II
Police personnel in Activity
CHAPTER I
Clusters
ARTICLE 24 - The staff in situation of "activity" forms the permanent picture and will have obligations for carrying out functions and cover the destinations that provide for the laws and regulations of the Argentine Federal Police.
ARTICLE 25 - according to the hierarchical scale, the police personnel is grouped into the categories of senior staff, junior staff and students, as indicated in Annex I of this Law.
ARTICLE 26 - In accordance with the specific functions for which had been trained, the staff will be grouped in categories with the denominations that are determined in Annexs II and III.
ARTICLE 27 - The unestablished provide each of their members own capabilities and limitations of the specialty that characterizes them. The capabilities and limitations identified, determine the maximum hierarchies to achieve, as specified in the Annexs II and III of this Act. The regulation of this Law shall determine the charges to play, related to the hierarchy that is scope.
CHAPTER II
Unestablished
ARTICLE 28 - The echelons for police personnel, do not arise until both needs of the technical evolution - professional, will be those that specify the Annexs II and III.
The National Executive, proposed by the Head of the Argentine Federal Police, may create other unestablished or modify existing ones.
ARTICLE 29 - faculty is the Chief of the Argentine Federal Police authorize a change in salary structure for junior staff, after examination of capacity, according to the requirements to determine the regulations of this Law, where there was founded and the extent will respond to a clear institutional interest.
ARTICLE 30 - within the same hierarchy, the staff who possesses more than a specialty may change from one to another, according to the police and needs to determine which Regulations made under this Act.
ARTICLE 31 - It is forbidden to change the category of junior staff to higher.
CHAPTER III
Effective
ARTICLE 32 - The Argentine Federal Police, you will have the strength necessary for the fulfilment of its mission.
ARTICLE 33 - The troops shall be nominated by the Head of the Argentine Federal Police to the National Executive, with the intervention of the Ministry of Defense, through the annual budget proposal of the Argentine Federal Police.
ARTICLE 34 - The National Executive Power, once adopted the Law on GENERAL BUDGET OF THE NATION, shall notify the Argentine Federal Police that overall strength available.