Article 5. Judges who receive a request for naturalization shall, within three (3)
days, on their own initiative, request any report or certificate deemed appropriate
from the National Population and Immigration Department, the Argentine Federal
Police, the State Intelligence Secretariat, the National Civil Registry, the National
Registry of Recidivism and Criminal and Prison Statistics, or any public or private
agency, or individual. 65
49.
Regarding the revocation of citizenship, Law 21,610 on citizenship added an article to
Law 346 that reads as follows:
3) New Article. In revoking citizenship, the following procedure shall be observed:
a) The corresponding federal prosecutor, upon learning of the existence of some of
the pertinent causes, shall promote the revocation of Argentine citizenship obtained
by naturalization, which shall be done by means of a summary procedure; b)
citizenship by naturalization shall be revoked by the Federal Judge whose
jurisdiction includes the naturalized person’s most recent legal residence in
Argentina; c) an appeal may be filed before the competent Federal Court against
any ruling rejecting or ordering the revocation of citizenship obtained by
naturalization. The maximum period allowed for lodging an appeal shall be five days,
and fifteen days for rendering a decision; d) once the decision ordering the
revocation of citizenship obtained by naturalization is final, the court shall take
possession of the “certificate of citizenship,” the respective records of the National
Civil Registry, and the communications sent to the National Immigration
Department and the Security Forces; e) the National Executive Branch shall
designate the national agencies that are to inform the federal judges and courts, in
cases of impediment and revocation. 66
50.
Articles 15 and 18 of Regulatory Decree 3213 of 1984 establish:
Article 15. The agencies mentioned in Article 5 of this decree and Argentine consuls
acting overseas have a responsibility to lodge a criminal complaint with the National
Electoral Court regarding any cases of which they are aware that fall within the
purview of Article 8 of Law No. 346, or in which citizenship obtained by choice,
naturalization or the application of Law No. 16,569 may have been obtained by
fraudulent means, because the facts on which the application was based were
untrue, in order to proceed to revoke the citizenship, explaining precisely in the
report the reason for the action and providing the necessary evidence. The criminal
complaint shall be forwarded to the Public Prosecutor, so they may be a party in the
judicial proceedings. Public Prosecutors may also take action on their own initiative.
When a request is received to suspend the exercise of political rights or revoke
citizenship obtained by fraudulent means, the interested party shall be notified and
given fifteen (15) working days to respond and provide evidence in rebuttal. The
interested party shall be notified of the proceedings in writing at the most recent
legal residence on record with the National Electoral Registry. If the interested party
is absent or no longer resides there, they shall be notified by means of legal notices
published three (3) times, ten (10) days apart, in the Official Gazette. A public
defender shall be appointed to defend the accused unless they or their
representative wish to be represented by their own attorney.
[...]
Article 18. If citizenship obtained by choice, naturalization or the application of Law
No. 16,569 is revoked because it was obtained by fraudulent means, the National
65
66
Regulatory Decree 3213 of 1984, supra, Article 5.
Law 21,610 of August 5, 1977, Article 1(3).
16