Amendment. Sanctioned: June 1, 2011 Partially Enacted: June 17, 2011
The Senate and Chamber of Deputies of the Argentine Nation, meeting in Congress, etc., are sanctioned by law:
Article 1-Substitute the name of Chapter XIII, Title XI of the Penal Code, which shall be renamed as follows: " Chapter XIII. Cover-up. '
Article 2-Derogase Article 278 of the Penal Code.
ARTICLE 3-Substitute Article 279 of the Criminal Code by the following text:
Article 279: ... (1) If the criminal scale envisaged for the previous offence is less than that laid down in the provisions of this Chapter, the criminal scale of the preceding offence shall apply to the case. (2) If the previous crime was not threatened with a custodial sentence, a fine of 1,000 pesos (20,000) pesos or the criminal scale of the previous crime, if it is less, will be applied to its cover-up. (3) Where the author of the facts described in Article 277 (1) or (3) is a public official who has committed the exercise or the occasion of his duties, he shall also suffer from a special disablement of three (3) to 10 (10) years. The same penalty shall be imposed on the person who has acted in a profession or profession requiring special clearance. (4) The provisions of this Chapter shall apply even if the previous offence has been committed outside the scope of the spatial application of this Code, while the fact that it is a criminal offence has also been punishable in the place of its commission.
Article 4-Incorporate title XIII to the Penal Code, which will be renamed "Crimes against economic and financial order".
ARTICLE 5-List Articles 303, 304 and 305 of the Criminal Code, as Articles 306, 307 and 308 respectively and incorporate Title XIII of the Penal Code, the following articles:
Article 303: ... 1) It will be repressed with imprisonment of three (3) to ten (10) years and fine of two (2) to ten (10) times of the amount
of the operation, which will convert, transfer, manage, sell, tax, disallow or otherwise put into circulation on the market, goods coming from a criminal offence, with the possible consequence that the origin of the originating goods or subrogants acquire the appearance of a lawful origin, and provided that their value exceeds the sum of three hundred thousand pesos ($300,000), either in a single act or by the reiteration of different facts linked to each other. (2) The penalty provided for in paragraph 1 shall be increased by one-third of the maximum and in half the minimum, in the following cases: (a) Where the author carries out the fact with habituality or as a member of an association or band formed for the commission (b) Where the author is a public official who has committed the exercise or the occasion of his duties. In this case, it will also suffer a special disablement of three (3) to ten (10) years. The same penalty shall be imposed on the person who acted in a profession or profession who required special qualifications. (3) He who receives money or other goods from a criminal offence, in order to make them apply in an operation of those provided for in paragraph 1, which gives them the possible appearance of a lawful origin, will be repressed with the prison sentence of six (6) months to three (3) years. (4) If the value of the goods does not exceed the sum indicated in paragraph 1, the author shall be subject to the imprisonment of six (6) months to three (3) years. (5) The provisions of this Article shall be governed even if the preceding criminal offence has been committed outside the scope of the spatial application of this Code, while the fact that it would be a criminal offence would also have been punishable in the place of your committee.
Article 304: Where the criminal acts provided for in the preceding article have been carried out on behalf or with the intervention, or for the benefit of an ideal person, the following joint sanctions shall be imposed on the entity. Alternatively: 1. Fine of two (2) to ten (10) times the value of the goods being the object of the offence. 2. Total or partial suspension of activities, which may in no case exceed ten (10) years. 3. Suspension to participate in public works or public service contests or tenders or in any other activity related to the State, which in no case may exceed ten (10) years. 4. Cancellation of the person's office when it has been created for the sole purpose of the commission of the offence, or those acts constitute the principal activity of the entity. 5. Loss or suspension of the state benefits you have. 6. Publication of an extract of the sentence at the expense of the legal person. In order to graduate these sanctions, the judges will take into account the non-compliance with internal rules and procedures, the omission of surveillance on the activity of the authors and participants, the extent of the damage caused, the amount of money involved in the commission of the offence, size, nature and economic capacity of the legal person. Where it is essential to maintain the operational continuity of the institution, or a work, or a particular service, the penalties provided for in paragraph 2 and paragraph 4 shall not apply.
Article 305: The judge may adopt from the beginning of the proceedings the precautionary measures sufficient to ensure the custody, administration, conservation, execution and disposition of the goods that are instruments, product, benefit or effects related to the offences provided for in the preceding Articles. In the case of the laundering of assets, they shall be definitively seized, without the need for criminal conviction, where the legality of their origin, or the material fact to which they are linked, has been established, and the defendant cannot be on trial on grounds of death, absconding, prescription or
any other grounds for the suspension or termination of the criminal action, or where the person has acknowledged the origin or illicit use of the goods. The assets that are seized shall be intended to repair the damage caused to the society, to the victims in particular or to the State. Only in order to fulfil those purposes can a specific destination be given to the goods. Any claim or litigation concerning the origin, nature or property of the goods shall be made through an administrative or civil restitution action. Where the property has been auctioned, its monetary value may be claimed.
ARTICLE 6-Incorporate, following the sixth paragraph of Article 23 of the Penal Code, the following: In case of the offences provided for in Article 213 ter and quater and in Title XIII of the book Second of this Code, they shall be seized in a manner definitive, without the need for criminal conviction, where the legality of their origin, or of the material fact to which they are linked, could have been ascertained, and the defendant cannot be prosecuted on the grounds of death, absconding, prescription or any other other grounds for suspension or termination of the criminal action, or where the person has recognised the the origin or illicit use of the goods. Any claim or litigation concerning the origin, nature or property of the goods shall be made through an administrative or civil restitution action. Where the property has been auctioned, its monetary value may be claimed.
ARTICLE 7-Substitute Article 5 of Law 25.246 and its Amending, by the following:
Article 5: Create the Financial Information Unit (FIU) that will operate with autonomy and financial autarquia in the jurisdiction of the Ministry of Justice and Human Rights of the Nation, which will be governed by the provisions of this law.
ARTICLE 8-Substitute Article 6 of Law 25.246 and its Amending, by the following:
Article 6: The Financial Reporting Unit (FIU) shall be responsible for the analysis, processing and transmission of information for the purposes of preventing and preventing: 1. The offence of laundering of assets (Article 303 of the Criminal Code), preferably from the committee of: (a) Crimes relating to the illicit trafficking and marketing of narcotic drugs (law 23.737); (b) Smuggling of arms and drug smuggling (law 22,415); (c) Crimes related to the activities of an illicit association qualified in the terms of Article 210 bis of the Criminal Code or a terrorist illicit association under the terms of Article 213 (b) of the Criminal Code; (d) Crimes committed by unlawful associations (Article 210 of the Criminal Code) organised for committing crimes for political or racial purposes; e) Offences of fraud against administration public (Article 174 (5) of the Criminal Code); (f) Offences against the Public Administration provided for in Chapters VI, VII, IX and IX bis of Title XI of the Second Book of the Criminal Code; (g) Offences in the prostitution of minors and pornography children, provided for in Articles 125, 125a, 1212a and 128 of the Criminal Code; (h) Crimes against terrorist financing (Article 213 of the Criminal Code);
(i) Extorsion (Article 168 of the Criminal Code); (j) Offences provided for in law 24.769; (k) Trafficking in persons. 2. The crime of terrorist financing (Article 213 of the Criminal Code).
ARTICLE 9-Substitute Article 9º of Law 25.246 and its Modifiers, by the following text:
Article 9: The President and the Vice President of the Financial Information Unit (FIU) will be appointed by the national executive branch, on a proposal from the Ministry of Justice and Human Rights. The selection procedure is set out as follows: (a) It shall be carried out within the Ministry of Justice and Human Rights, a public, open and transparent procedure guaranteeing the suitability of the candidates; b) The name, surname and curricular history of the persons shall be published (c) The candidates must submit an affidavit with the payroll of all the goods of their own, those of the spouse and/or those of the survivor, who are the candidates for the integrate the heritage of the conjugal society and those of its minor children, according to the Article 6 of the Law on Ethics in Civil Service 25,188 and concordant. In addition, they shall attach a further statement including the payroll of the civil associations and commercial companies which have integrated or integrated into the last eight (8) years, the payroll of customers or contractors of at least the last Eight (8) years, in the framework of what is permitted by the rules of professional ethics in force, the studies of lawyers, accountants or consultants to which they belong or belong, as appropriate, and in general, any type of commitment that may affect the impartiality of your criteria by your own activities, your spouse, your ascendants and their descendants in the first degree, in order to permit the objective assessment of the existence of incompatibilities or conflicts of interest; (d) the Federal Administration of Public Revenue (AFIP) shall be required to report on the (e) a public hearing shall be held for the purpose of assessing the observations provided for in accordance with the provisions of the rules; (f) Citizens, non-governmental organisations, non-governmental organisations, non-governmental organisations, non-governmental organisations, non-governmental organisations, government, colleges and professional associations and academic institutions may, within 15 (15) days from the last publication in the Official Gazette of point (b) of this Article, submit observations to the Ministry of Justice and Human Rights in writing and in a well-founded and documented manner. the candidates. Without prejudice to the presentations made, in the same period of time, opinion may be required of organizations of relevance in the professional, judicial and academic fields for the purposes of their assessment; (g) In no more than fifteen (15) days, counted from the expiry of the period laid down must be concluded by the public hearing for the assessment of the observations submitted. Later and within seven (7) days, the Minister of Justice and Human Rights will raise the proposal to the Executive Branch.
ARTICLE 10. -Incorporate as Article 9º bis of Law 25.246 and its amendments, the following text:
Article 9º bis: The Executive Branch may remove the President and Vice-President of the Financial Reporting Unit (FIU) from his position when they perform poorly in their duties or in
gross negligence, when they are convicted by the commission of criminal offences or by physical or moral inability after their appointment.
ARTICLE 11. -replace Article 11 of Law 25.246 and its amendments, by the following text:
Article 11: To be a member of the Financial Information Unit (FIU), it will be required: 1) Poseer degree of university degree, preferably in law, or in disciplines related to the Economic Sciences or the Computer Science. 2) Possess technical and professional background in the field. (3) Not to exercise simultaneously, or to have exercised during the year preceding its designation the activities which the regulation requires in each case, nor to have an interest in them. To be a member of the Advisory Board, three (3) years of seniority shall be required in the body to be represented.
ARTICLE 12. -replace Article 12 of Law 25.246 and its amendments, by the following text:
Article 12: The Financial Reporting Unit (FIU) will be supported by liaison officers appointed by the Ministry of Justice and Human Rights, Ministry of Foreign Affairs, International Trade and Cult, Ministry of the Interior, Ministry of Economy and Public Finance, Secretariat of Programming for the Prevention of Drug Addiction and Fight against Drug Trafficking of the Presidency of the Nation, of the Central Bank of the Republic of Argentina, the Federal Administration of Public Revenue, of the Public Records of Commerce or similar from the provinces, the National Securities Commission and the Superintendency of Insurance of the Nation, the General Inspectorate of Justice, the National Institute of Associativism and the Social Economy, the Superintendence of Entities Financial and Exchange, of the Inmovable Property Records, of the National Directorate of the National Registry of Automotive Property or the like in the provinces, the Ministry of Security of the Nation and the national security forces. Liaison officers shall have as a function the institutional consultation and coordination between the Financial Reporting Unit (FIU) and the bodies to which they belong. They must be hierarchical officials or directors of the bodies they represent. The President of the Financial Reporting Unit (FIU) may ask the holders of other public or private bodies to appoint liaison officers when it is useful for the exercise of their duties.
ARTICLE 13. -Replace Article 13 (1) (1) of Law 25.246 and its amendments, by the following: 1. To receive, request and file the information referred to in Article 21 of this Law, such data may only be used in the framework of an ongoing investigation.
ARTICLE 14. -replace Article 14 of Law 25.246 and its amendments, by the following:
Article 14: The Financial Reporting Unit (FIU) shall be entitled to: 1. Request reports, documents, background and any other items it deems useful for the performance of its functions, to any public, national, provincial or (a) municipal, and natural or legal persons, public or private, all of whom shall be obliged to provide them within the term to be fixed to them, under the warning of law.
Within the framework of the analysis of a suspicious operation report the subjects referred to in Article 20 may not object to the Financial Reporting Unit (FIU) the banking, fiscal, securities or professional secrecy, or legal or legal commitments. contractual confidentiality. 2. To receive voluntary declarations, which in no case may be anonymous. 3. Require the collaboration of all information services of the State, which are obliged to provide it in the terms of the applicable procedural rules. 4. Act anywhere in the Republic in compliance with the functions established by this law. 5. To request the Public Ministry to require the competent judge to resolve the suspension, as long as it determines, of the execution of any operation or act previously reported in accordance with Article 21 (b) or any other another act linked to them, prior to their implementation, when suspicious activities are investigated and there are serious and serious indications that they are laundering of assets arising from any of the offences referred to in Article 6 of the present the law or the financing of terrorism. The appeal of this measure can only be granted with a return effect. 6. To request the Public Ministry to require the competent judge to search public or private places, the personal requisition and the kidnapping of documents or elements useful for the investigation. Request the Public Ministry to provide all necessary legal means for obtaining information from any source or source. 7. Dispose the implementation of internal comptroller systems for the persons referred to in Article 20. For the purpose of implementing the internal comptroller system, the Financial Reporting Unit (FIU) shall establish the procedures for supervision, audit and on-the-spot inspection for the control of compliance with the obligations established in the Financial Reporting Unit. Article 21 of the law and of the directives and instructions given in accordance with the powers of Article 14 (10). The system of internal comptroller will depend directly on the President of the Financial Information Unit (FIU), who will have the substance of the procedure, which must be in actuated form. In the case of obliged subjects with specific comptroller's bodies, the latter must provide the Financial Information Unit (FIU) with the collaboration within the framework of their competence. 8. Apply the penalties provided for in Chapter IV of this Law, and due process must be guaranteed. 9. Organize and manage files and records related to the activity of the Financial Information Unit (FIU) or data obtained in the exercise of its functions for the recovery of information related to its mission, being able to celebrate agreements and contracts with national, international and foreign bodies to be integrated into information networks of such a nature, as necessary and effective reciprocity. 10. Issue directives and instructions that must be complied with and implemented by the subjects required by this law, after consultation with the specific control bodies. The subjects required by Article 20 (6) and (15) may lay down rules of procedure in addition to the directives and instructions issued by the Financial Reporting Unit (FIU), and may not extend or amend the scope of the Directive. defined by those directives and instructions.
ARTICLE 15. -replace Article 20 of Law 25.246 and its amendments, by the following:
Article 20: They are required to report to the Financial Reporting Unit (FIU), under the terms of Article 21 of this Act: 1. Financial institutions subject to the rule of law 21,526 and amending. 2. The entities subject to the regime of Law 18,924 and amending and the natural or legal persons authorized by the Central Bank of the Argentine Republic to operate in the sale of foreign currency
in the form of money or cheques issued in foreign currency or through the use of credit or payment cards, or in the transfer of funds within and outside the national territory. 3. Natural or legal persons who as a normal activity operate games of chance. 4. Agents and stock exchange companies, joint venture fund management companies, electronic open market agents, and all those intermediaries in the purchase, rental or loan of securities securities that operate under the orbit of trade with or without attached markets. 5. The intermediary agents registered in the futures and options markets is their object. 6. Public records of trade, representative bodies of audit and control of legal persons, records of immovable property, records of the automotive property, records of the property, records of vessels of all types and aircraft records. 7. Natural or legal persons engaged in the purchase and sale of works of art, antiques or other luxury goods, philatelic or numismatic investment, or for the export, import, manufacture or industralization of jewels or goods with metals or Precious stones. 8. Insurance companies. 9. The issuing of credit card or purchase or credit card operators. 10. Companies engaged in the transport of flows. 11. Postal or concessionary companies of postal services that carry out operations of currency orders or transfers of different types of currency or banknote. 12. The public scribes. 13. The entities within the meaning of Article 9º of Law 22,315. 14. Customs dispatchers as defined in Article 36 and concordant with the Customs Code (law 22,415 and amending). 15. Public Administration bodies and decentralised and/or autarquic entities carrying out regulatory, supervisory, supervisory and/or superintendency functions on economic activities and/or legal and/or law subjects, individuals or collectives: the Central Bank of the Argentine Republic, the Federal Administration of Public Revenue, the Superintendence of Insurance of the Nation, the National Securities Commission, the General Inspection of Justice, the National Institute of Asociativism and the Social Economy and the National Court of Defense of the Competition; 16. Producers, insurance advisers, agents, intermediaries, experts and insurance liquidators whose activities are governed by laws 20.091 and 22,400, their modifications, concordant and complementary; 17. activities are regulated by professional economic science councils; 18. They are also obliged to inform all legal persons receiving donations or contributions from third parties; 19. registered and companies of any kind which have as their object the brokerage property, integrated and/or managed exclusively by registered real estate agents or brokers; 20. Mutual and cooperative associations governed by laws 20.321 and 20.337 respectively; 21. The usual activity is the purchase of cars, trucks, motorcycles, buses and microbuses, tractors, agricultural and road machinery, ships, yachts and the like, aircraft and aircrafts. 22. Natural or legal persons acting as trustees, in any type of trust, and natural or legal persons holding or linked, directly or indirectly, to trust, trust, trust and trust accounts pursuant to trust contracts. 23. Legal persons who perform functions of organization and regulation of professional sports.
ARTICLE 16. -It incorporates as Article 20a of Law 25.246 and its amendments, the following:
Article 20a: The duty to inform is the legal obligation of the subjects listed in Article 20, in their field of action, to make available to the Financial Information Unit (FIU) the documentation collected from their clients in compliance with the provisions of Article 21 (a) and to bring to the attention of the Financial Reporting Unit (FIU), the conduct or activities of natural or legal persons, through which the existence of the existence of an atypical situation that would be liable to set up a suspicious, washing-up, or assets or terrorist financing. Knowledge of any suspicious event or operation shall impose upon such subjects the obligation to exercise the activity described above. The Financial Reporting Unit (FIU) shall determine the procedure and the opportunity from which the obligors shall comply with it with the duty of reporting as provided for in Article 20. In the case where the subject is a legally constituted legal person, a compliance officer shall be appointed by the administrative body in the case where the rules are laid down. Its role will be to formalise the submissions to be made in the framework of the obligations laid down by the law and the directives and instructions issued accordingly. However, the responsibility for reporting under Article 21 is in solidarity and unlimited for all the members of the administrative body. If the subject is an irregular company, the obligation to report shall be the responsibility of any of the members of the company. In the case where the subject is a public body listed in points 6 and 15 of Article 20, a compliance officer shall be appointed for the purposes of formalising the presentations to be made in the framework of the of the obligations laid down by the law and the directives and instructions issued accordingly. However, the responsibility for reporting under Article 21 is the sole responsibility of the holder of the body.
ARTICLE 17. -It incorporates as Article 21a of Law 25.246 and its amendments, the following:
Article 21a: For the purposes of Article 21 (a), it is taken as a client definition adopted and suggested by the Inter-American Drug Abuse Control Commission of the Organization of American States (CICAD-OAS). Consequently, all natural or legal persons with whom a contractual relationship of a financial, economic or commercial nature is established, on an occasional or permanent basis, are defined as customers. In this sense, it is a client that develops once, occasionally or in a normal way, operations with the required subjects. The minimum information to be required of clients shall include: (a) Physical persons: full names and surnames; date and place of birth; nationality; sex; marital status; number and type of identity document to be displayed in original (document national identity, registration book, civic book, identity card, passport); CUIT/CUIL/CDI; address (street, number, location, province and postal code); telephone number and profession, trade, industry, commerce, etc. constitutes its principal activity. Equal treatment shall be given, if any, to the proxy, guardian, curator, representative or guarantor. In addition, an affidavit on the origin and the lawfulness of the funds, or the supporting documentation concerned, shall be required as laid down in the directives issued by the Financial Reporting Unit (FIU); (b) Legal persons: name social; date and registration number registral; number of
tax registration; date of contract or writing of constitution; copy of the updated social status, without prejudice to the display of the original; domicile (street, number, location, province and postal code); telephone number of the registered office social and principal activity. The identification data of the authorities, the legal representative, proxies and/or authorized with signature use, which operate with the subject under the name and representation of the legal person, will also be requested. The same collections mentioned above will be accredited in the cases of associations, foundations and other organizations with or without legal status. In addition, an affidavit on the origin and the lawfulness of the funds, or the supporting documentation concerned, shall be required as laid down in the Directives issued by the Financial Reporting Unit (FIU); (c) Where there are doubts as to whether the clients are acting on their own account or where there is certainty that they are not acting on their own account, the obliged subjects shall take reasonable additional measures to obtain information on the true identity of the person on behalf of whom act the clients. The required subjects should pay particular attention in order to prevent natural persons from using legal persons as screen companies to carry out their operations. The required subjects must have procedures in place to ascertain the structure of the company, determine the origin of their funds and identify the owners, beneficiaries and those who exercise the real control of the legal person. The obligated subjects shall take specific and appropriate measures to reduce the risk of asset laundering and terrorist financing, when the service or products are contracted with customers who have not been physically present for their use. identification. In the case of politically exposed persons, special attention must be paid to the transactions carried out by them, which do not relate to the activity declared and their profile as a client; establish procedures for the prevention of the prevention of asset laundering and the financing of terrorism, and designate compliance officers, in cases and with the scope to determine the directives issued by the Financial Reporting Unit (FIU). The information collected must be kept for at least five (5) years and must be recorded in a sufficient manner to enable it to be rebuilt. The maximum period for reporting "facts" or "suspicious transactions" for the laundering of assets shall be one hundred and fifty (150) days in the run, starting from the operation carried out or attempted. The maximum period for reporting "facts" or "suspicious operations" for terrorist financing shall be forty-eight (48) hours, starting from the operation carried out or tempted, enabling days and hours to be disabled for the purpose.
ARTICLE 18. -replace Article 23 of Law 25.246 and its amendments, by the following:
Article 23: ... 1. A fine of five (5) to twenty (20) times the value of the property being the subject of the offence shall be fined, the legal person whose executing body has collected or provided goods or money, whatever its value, with knowledge that they will be used by a member of a terrorist terrorist association within the meaning of Article 213 of the Criminal Code. Where the fact has been committed by a serious fear or recklessness of the body or executor of a legal person or by a number of its organs or executors, the fine to the legal person shall be 20% (20%) to sixty per cent (60%) of the value of the goods subject to the offence. 2. When the organ or executor of a legal person has committed the crime referred to in Article 22 of this law, the legal person shall be liable for a fine of fifty thousand pesos ($50,000) to five hundred thousand pesos ($500,000).
ARTICLE 19. -replace Article 24 of Law 25.246 and its amendments, by the following:
Article 24: ... 1. The person who acts as an organ or executor of a legal person or the person of visible existence who fails to comply with any of the obligations to the Financial Reporting Unit (FIU) established by this law, shall be sanctioned with a penalty of a fine (1) to ten (10) times the total value of the goods or transactions to which the infringement relates, provided that the offence does not constitute a more serious offence. 2. The same penalty shall apply to the legal person whose body the offender will perform. 3. When the real value of the goods cannot be established, the fine will be ten thousand pesos ($10,000) to a hundred thousand pesos ($100,000). 4. The action to apply the sanction set out in this article will prescribe at five (5) years, the non-compliance. The same period shall apply to the execution of the fine, calculated on the basis of the final act of the fine. 5. The calculation of the limitation of the action to apply the penalty provided for in this article shall be interrupted: by the notification of the act which provides for the opening of the summary instruction or by the notification of the administrative act which it provides its application.
ARTICLE 20. -replace Article 27 of Law 25.246 and its amendments, by the following:
Article 27: The development of the activities of the Financial Reporting Unit (FIU) should be financed by the following resources: (a) Amounts determined in the General Budget of Expenditure and Calculation of Resources of the National Administration that do not may be less than zero coma six percent (0.6%) of those assigned to the Ministry of Justice and Human Rights of the Nation; b) Resources that under any title receive from public, private, national, and international agencies. In all cases, the production of the sale or administration of the goods or instruments arising from the offences provided for in this law and of the seizures ordered in its consequence, as well as the profits obtained illicitly and the (a) a special account of the national treasury shall be produced for the fines which are imposed as a result. These funds will be affected to finance the operation of the Financial Information Unit (FIU), the programs provided for in Article 39 of Law 23.737 and its amending law 24,424, health and labor training, as the establish the relevant rules. The money and other assets or resources seized by the commission of the crimes provided for in this law will be handed over by the intervener to a special fund to be established by the national executive branch. Such a fund may manage the assets and dispose of the money in accordance with the above, with the responsibility for the return to whom it corresponds when a firm judicial decision is in dispute.
ARTICLE 21. -replace Article 30 of Law 25.246 and its amendments, by the following:
Article 30: The intervener in criminal proceedings for the offences referred to in Articles 303, 213 and 213 of the Criminal Code may:
(a) Suspend the arrest warrant for one or more persons; (b) to defer the interception of money or property from legal origin within the Argentine territory; (c) to suspend the abduction of instruments or effects of the crime under investigation; (d) to defer the execution of other measures of a coercive or probative nature. The intervener may, in addition, suspend the interception in Argentine territory of remittances of money or property or any other effect linked to the aforementioned crimes and permit his departure from the country, provided that he has the security that the surveillance of those will be supervised by the judicial authorities of the country of destination. The resolution which provides the above measures must be well founded and established only in the event that the immediate execution of the measures could compromise the success of the investigation. As far as possible, a detailed description of the goods on which the measure falls should be made.
ARTICLE 22. -Incorporate as Article 31 of Law 25.246 and its amendments:
Article 31: The provisions laid down in Articles 2, 3, 4, 5, 6 and 7 of Law 25.241 shall apply to the offences provided for in Articles 213 b, 213 c and 303 of the Criminal Code. The reduction of the expected penalty will not be carried out in respect of civil servants. In the case of Article 6º of Law 25,241 the penalty shall be two (2) to ten (10) years when false claims or inaccurate data are to the detriment of an imputed.
ARTICLE 23. -Incorporate as Article 32 of Law 25.246 and its amendments:
Article 32: The magistrate intervener in criminal proceedings for the offences referred to in Articles 213 b, 213 c and 303 of the Criminal Code may provide for the reservation of the identity of a witness or accused person who has collaborated with the Research, provided that it is necessary to preserve the safety of those appointed. The order must be established and the special protective measures deemed necessary must be entered.
ARTICLE 24. -Incorporate as Article 33 of Law 25.246 and its amendments:
Article 33: The person who will reveal the identity of a witness or an imputed of reserved identity, in accordance with the provisions of this law, shall be repressed with imprisonment of one (1) to four (4) years and a fine of fifty thousand pesos ($50,000), as long as I do not set up a more severely criminal offence. The penalties provided for in Article 31e of Law 23.737 shall apply to the official or public employee in the cases of witness or imputed of the reserved identity provided for in this law, as long as it is not a criminal offence. severely penalised.
ARTICLE 25. -The Financial Reporting Unit (FIU) will not be able to constitute a criminal complaint in criminal proceedings.
ARTICLE 26. -Contact the national executive branch. GIVEN IN THE SESSION HALL OF THE ARGENTINE CONGRESS, IN BUENOS AIRES, ONE DAY OF THE MONTH OF JUNE OF THE YEAR TWO THOUSAND ELEVEN.
-REGISTERED UNDER NO. 26,683-JOSÉ J. B. PAMPURO. -EDUARDO A. FELLNER. -Enrique Hidalgo. -Juan H. Estrada.
Date of publication: 21/06/2011