TitleXITranslation

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TITLE XI About taking legal action ARTICLE 71.All the penal actions should start ex officio, with exception of the following actions: 1. Those that depend on private instance 2. Private injuries ARTICLE 72.- Actions depending from the private instance are those that result from following offences: 1. Those described in articles 119, 120 and 130 of Penal Code when it is not the case of death of the offended person or injuries mentioned in the article 91. 2. Minor injuries, either intentional or culpable. Obviously, the action will be taken ex officio if security or public interest are involved in the cases of this section. 3.

Impediment to contact minor children with their parents that do not live with them.

In the cases of this section, the cause will be formulated only through accusation or report of the offended person, tutor, guardian or legal representatives. Nonetheless, the action will be taken ex officio when the crime is committed against a minor child that does not have parents, tutor or guardian or if the crime was committed by one of his ancestors, tutor or guardian.

When the is a big conflict of interests between some of the people mentioned above and the minor, general attorney will be able to act de officio , when it will be more convenient for the superior interest of the minor. (Article replaced by art. 14 of Ley N° 25.087 B.O. 14/5/1999) ARTICLE 73.- Private injuries are those that result from the following offences: 1. Slanders and insults 2. Violation of secrets, apart from the cases of articles 154 and 157 3. Unfair competition, mentioned in the article 159; 4. Neglect of family responsibilities if the victim is a spouse (Article replaced by art. 1° of Ley N°24.453 B.O. 7/3/1995) ARTICLE 74.- . (Article repealed by art. 2° of Ley N°24.453 B.O. 7/3/1995)


ARTICLE75.- The action by slander and insult could be exercised only by the the offended person and after his death by his spouse, children, nephews or living parents. ARTICLE 76. In other cases of article 73, he action will be taken only in case of a lawsuit or report of the injured or his guardians or legal representatives. Â


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