A r g e n t i n a

11. CONTEMPT AND SEDITIOUS LIBEL

Law 24,198, published on June 3, 1993, repealed the criminal issue of contempt expressed as: ?Article 244 of the Penal Code is repealed.?

Article 244, in its original state, defined the crime of contempt as: ?A person who provokes a duel, threatens, defames or in any way offends a public official?s dignity or decorum, as a result of the exercise of his duties or during the time he is practicing them, shall be punished by imprisonment for 15 days to six months. Imprisonment shall be from one month to one year should the offended party be the President of the Nation, a member of Congress, a governor of a province, a national or provincial minister, a member of the provincial legislature or a judge.?

However, the so-called ?judicial contempt? stipulated in Article 18 of Law No. 1285 of November 4, 1958 and modified by Law 24,289 of December 29, 1993, remains in effect. The new wording of the article expresses: ?The courts and judges shall punish with detention, warning, fine and arrest of up to five (5) days, the attorneys, prosecutors, litigators and other persons who are obstructing the course of justice or who would commit offenses during the hearings, in the writings or communications of any type against the authority, dignity or decorum of the courts.?

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