Argentina: Requirements and procedures for lodging a criminal complaint with the police in Cordoba, including documents received by the complainant; whether the complaint file is accessible to the complainant, including procedure to obtain a copy of the file (2015-December 2016)
1. Procedures to Report a Crime
The website of the Public Attorney's Office (Ministerio Público Fiscal, MPF) of the province of Córdoba indicates that a person can report a crime in person or by writing with the Investigating Prosecutor's Offices (Fiscalías de Instrucción) [1] or the Judicial Units (Unidades Judiciales) [2] (Córdoba n.d.a). A report can also be submitted on-line at the MPF's website, but only for the crimes of theft and damage of private property; when the identity of the perpetrator is unknown, the complainant must go to the nearest Judicial Unit within 72 hours of filing the online report to [translation] "complete and formalize" it (ibid.). An individual filing a police report must provide an identity document and "all the documentation or evidence available to him or her related to the crime being reported" (ibid.). The website of the MPF also indicates that for drug-related crimes, the person filing the report can remain anonymous (ibid.). Once a crime is reported, the complainant cannot retract or withdraw the complaint and the investigation will run its course (ibid.). Additional information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.
2. Accessibility of the Complaint File
Once a crime is reported, the complainant receives a document that evidences the filing of the police report (Córdoba n.d.a). The complainant can show this document at the office where he or she lodged the police report to inquire about the status of the investigation and to obtain information on which judicial office is in charge of the investigation (ibid.). Additional information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.
Information on how to obtain a copy of a police report could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.
This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.
Notes
[1] Investigating Prosecutor's Offices are responsible for undertaking, with the assistance of the judicial police and under the oversight of a supervisory judge (Juez de Garantías), the preliminary investigation of crimes by collecting evidence in order to either substantiate or dismiss an accusation (Córdoba n.d.b). Investigating Prosecutor's Offices are located throughout the province of Córdoba and are opened from Monday through Friday, from 8:00 a.m. to 2:00 p.m. (ibid. n.d.a). The Investigating Prosecutor's Office also has the following Specialized Investigating Prosecutor's Offices (Fiscalías de Instrucción Especializadas): drug trafficking, financial and anti-corruption, family violence, and crimes motivated on sexual orientation (ibid. n.d.c).
[2] The Judicial Units, through the Assistant Prosecutors (Ayudantes Fiscales), are responsible for carrying out the first stages of the investigation with the assistance of MFP judicial police officers (Secretarios de Actuaciones) (Córdoba n.d.d). The Judicial Units are accessible to the public 24 hours a day, year-round (ibid.). The website of the MPF indicates that there are 22 Judicial Units located in the city of Córdoba (ibid. n.d.e) and 26 in the rest of the province of Córdoba (ibid. n.d.f).
References
Córdoba. N.d.a. Ministerio Público Fiscal. "Preguntas frecuentes." [Accessed 29 Nov. 2016]
Córdoba. N.d.b. Ministerio Público Fiscal . "Fiscalías de Instrucción." [Accessed 29 Nov. 2016]
Córdoba. N.d.c. Ministerio Público Fiscal. "Fiscalías Especiales." [Accessed 29 Nov. 2016]
Córdoba. N.d.d. Ministerio Público Fiscal. "¿Qué son las Unidades Judiciales?" [Accessed 29 Nov. 2016]
Córdoba. N.d.e. Ministerio Público Fiscal. "Unidades Judiciales Capital." [Accessed 5 Dec. 2016]
Córdoba. N.d.f. Ministerio Público Fiscal. "Unidades Judiciales del interior." [Accessed 5 Dec. 2016]
Additional Sources Consulted
Oral sources: Clínica Jurídica, Universidad Nacional de Córdoba; Colegio de Abogados de Córdoba; Córdoba – Ministerio Público Fiscal, Policía; two criminal lawyers based in Córdoba.
Internet sites, including: Agencia EFE; Argentina – Ministerio de Justicia y Derechos Humanos, Policía Federal; BBC; Cadena 3; Clarín; CNN; Colegio de Abogados de Córdoba; Córdoba – Fiscalía de Estado, Policía, Portal Oficial; Día a Día; Factiva; La Nación; La Prensa; La Voz del Interior; Noticias Terra; Observatorio Provincial de Violencia contra las Mujeres; Universidad Nacional de Córdoba – cba24n, Clínica Jurídica.