Libro Primero · Título III Capítulo VII. Actividad procesal defectuosa

Acts carried out in nonobservance of the forms and conditions provided for in this Code may not be evaluated to ground a judicial decision, nor used as predicates thereof, unless the defect has been cured or timely objection thereto was not made.

The Public Prosecutor's Office and the other parties may only challenge judicial decisions that cause them prejudice, on the basis of the defect, in the cases and forms provided for by this Code, provided that the interested party has not contributed to causing the defect. The same course shall be followed when the defect consists of the omission of an act provided for by law.

Except in the cases of the following article, the interested party shall claim correction of the defect or protest it, while the act is being performed or immediately after it has been performed, when present thereat.

If, due to the circumstances of the case, it had been impossible to timely notice the defect, the interested party shall claim immediately after learning of it.

The claim for correction shall describe the defect, identify the vitiated or omitted act and propose the corresponding solution.

No prior protest shall be necessary, and defects concerning the intervention, assistance, and representation of the accused person in the cases and forms established by law, or those involving non-observance of rights and guarantees provided for by the Constitution and by the treaties ratified by the State, may be noticed even on its own initiative.

Defects shall be cured, whenever possible, by renewing the act, rectifying its error or performing the omitted act, on its own initiative or at the request of the interested party.

Under the pretext of renewal of the act, rectification of the error or performance of the omitted act, the procedure may not be taken back to periods already precluded, except in the cases expressly indicated by this Code.