Criminal Law 26.683 code modification. Sanctioned: 1 June 2011 promulgated partially: 17 June 2011 the Senate and Chamber of deputies of the Argentina nation gathered in Congress, etc. they attest to the force of law: article 1º - replaced the name of chapter XIII, title XI of the Penal Code, which will be renamed in the following manner: "chapter XIII. Cover-up".
Article 2º - repeal of article 278 of the criminal code.
Article 3º - article 279 of the Penal Code be replaced by the following text: article 279:... (1) if the penal scale planned for the previous offence was less than the established in the provisions of this chapter, shall apply to the case of previous crime criminal scale. (2) if the previous offence was not threatened with imprisonment, shall apply to the cover-up fine of one thousand (1,000) pesos to 20,000 pesos (20,000) or the penal scale of crime preceding, if this is lower. (3) where the author of the acts described in paragraphs 1 or 3 of article 277 was a public official who had committed the fact in occasion of its functions or exercise, it will suffer in addition special disqualification three penalty (3) to ten (10) years. The same penalty will suffer which acted in the exercise of a profession or trade requiring special authorization. (4) the provisions of this chapter shall apply even if the previous offence had been committed outside the scope of this code space, so the fact that you categorize it would have also been sanctioned with punishment in the place of its Commission.
Article 4º - merge the title XIII to the Penal Code, which will be renamed "Crimes against the economic and financial order".
Article 5º - renumber articles 303, 304 and 305 of the Penal Code, as articles 306, 307 and 308 respectively and incorporated in Title XIII of the criminal code, the following articles: article 303:... 1) shall be punished with imprisonment of three (3) to ten (10) years and a fine of two (2) to ten (10) times the amount of https://www.boletinoficial.gob.ar/pdf/linkQR/bCtycmpocDI5S2d5VC9wRXlpb01lUT09 operation, which convirtiere, transfiriere, administrare, sells, gravare, dissimulare or otherwise place in circulation in the market, proceeds from an illegal criminal, with the possible consequence of the origin of originating goods or the substitutes to acquire the appearance of a lawful origin , and provided that its value exceeds the sum of three hundred thousand pesos ($ 300,000), in one act or the reiteration of various facts linked together. ((2) the penalty provided for in paragraph 1 will be increased by one third of the maximum and half of the minimum, in the following cases: to) when the author commits the fact habitually or as a member of an association or band formed for the Commission of acts of this nature; (b) when was the author public official who had committed the fact in occasion of its functions or exercise. In this case, it will suffer in addition special disqualification three penalty (3) to ten (10) years. The same penalty will suffer which acted in the exercise of a profession or trade requiring special authorization. (3) which received money or other assets derived from an illicit criminal, in order to enforce them in an operation provided for in paragraph 1, which gives them the appearance of possible from a lawful source, shall be punished with imprisonment of six (6) months to three (3) years. (4) if the value of the goods does not exceeds the amount indicated in paragraph 1, the author shall be punished with imprisonment of six (6) months to three (3) years. (5) the provisions of this article shall apply even though the illicit criminal precedent had been committed outside the scope of this code space, so the fact that you categorize it would have also been sanctioned with punishment in the place of its Commission.
Article 304: When criminal acts provided for in the preceding article may have been carried out on behalf, or with the intervention, or for the benefit of a person of ideal existence, the following sanctions will be imposed to the entity jointly or alternatively: 1. fine of two (2) to ten (10) times the value of the goods object of the offence. 2. total or partial suspension of activities, which in no case shall exceed ten (10) years. 3. suspension for participation in contests or tender State of works or public services or any other activity linked to the State, which in no case may exceed ten (10) years. 4. cancellation of legal personality when it had been created at the sole purpose of the Commission of the offence, or those acts constitute the main activity of the entity. 5 loss or suspension of the State benefits they have. 6. publication of an extract of the sentence at the expense of the legal person. To adjust these sanctions, the judges will take into account the breach of rules and internal procedures, the omission of supervision over the activity of authors and participants, the extent of the damage, the amount of money involved in the Commission of the offence, the size, nature and the economic capacity of the legal person. When it is necessary to maintain the operational continuity of the entity, or of a work or service in particular, the penalties provided for by paragraph 2 and paragraph 4 shall not apply.
Article 305: The judge may adopt since the start of the proceedings sufficient precautionary measures to ensure the custody, administration, conservation, implementation and disposition of the or of the goods that are instruments, product, profit or effects related to the offences mentioned in the preceding articles. In money-laundering operations, they will be confiscated permanently, without the need for a criminal conviction, when it is has proved the unlawfulness of their origin, or the material fact that are linked, and the accused could not be prosecuted by reason of death, flight, prescription or https://www.boletinoficial.gob.ar/pdf/linkQR/bCtycmpocDI5S2d5VC9wRXlpb01lUT09
any other reason of suspension or termination of the criminal proceedings, or when the accused has recognized the origin or illicit use of the goods. The assets that were seized will be used to repair the damage done to society, in particular victims or the State. To meet these purposes can be given only property a specific destination. Any claim or dispute about the origin, nature or ownership of the goods will take place through administrative or civil action for restitution. When the property has been auctioned only its monetary value claims will be accepted.
Article 6º - merge, then of the sixth paragraph of article 23 of the criminal code, as follows: in case of crimes envisaged in article 213 ter and quater and the 13th title of the second book of this code, shall be confiscated permanently, without the need for a criminal conviction, when it has seen the unlawfulness of their origin, or the material fact that are linked , and the accused could not be prosecuted by reason of death, flight, prescription or any other reason for suspension or termination of the criminal proceedings, or when the accused has recognized the origin or illicit use of the goods. Any claim or dispute about the origin, nature or ownership of the goods will take place through administrative or civil action for restitution. When the property has been auctioned only its monetary value claims will be accepted.
Article 7th - replaced the article 5th law 25246 and its modifications, by the following: article 5: creating the unit's (FIU) that will operate with autonomy and financial autarchy within the jurisdiction of the Ministry of Justice and human rights of the nation, which shall be governed by the provisions of this law.
Article 8º - replace article 6 º of law 25246 and its modifications, by the following: article 6: Unit's (FIU) will be responsible for the analysis, treatment and transmission of information for the purposes of preventing and prevent: 1. the crime of washing of assets (article 303 of the Penal Code), preferably coming from the Commission's (: a) crimes related to the trafficking and illicit marketing of Narcotics (law 23.737); (b) offences of smuggling weapons and smuggling of Narcotics (law 22.415); (c) offences relating to the activities of an illicit association qualified under the terms of article 210 bis of the Penal Code or of an illicit terrorist association under the terms of article 213 ter of the Penal Code; (d) offences committed by unlawful associations (article 210 of the Penal Code) organized to commit offences for purposes of political or racial; (e) offences of fraud against the public administration (article 174, paragraph 5, of the Penal Code); (f) offences against the public administration set out in chapters VI, VII, IX and IX bis of title XI of the second book of the Penal Code; (g) offences of prostitution of minors and child pornography, in articles 125, 125 bis, 127 bis and 128 of the criminal code; (h) crimes of financing of terrorism (article 213 quater of the Criminal Code);
https://www.boletinoficial.gob.ar/pdf/linkQR/bCtycmpocDI5S2d5VC9wRXlpb01lUT09 i) extortion (article 168 of the Criminal Code); j) offences in law 24.769; (k) human trafficking. 2. the offence of financing of terrorism (article 213 quater of the Criminal Code).
Article 9º - replaced the article 9º of law 25246 and its modifications, by the following text: article 9: the President and the Vice President of the unit's (FIU) shall be appointed by the national executive power, on the proposal of the Ministry of Justice and human rights. The selection procedure is established in the following way: to) will take place in the field of the Ministry of Justice and human rights, a public, open and transparent process that ensures the suitability of candidates; (b) shall publish the name and curriculum history of persons selected in the Official Gazette and in two (2) newspapers of national circulation, three (3) days; (c) the applicant must submit an affidavit with the payroll of all own property, the spouse or partner, that integrate the assets of the conjugal partnership and the children under, in accordance with article 6 of the law of ethics of the 25.188 public function and concordant. In addition, shall be accompanied by another statement which shall include the roster of civil associations and companies that integrate or have integrated in the past eight (8) years, the roster of clients or contractors for at least the past eight (8) years, within the framework permitted by the rules of existing professional ethics, law studies accounting or counseling that belonged or belongs, as appropriate, and in general, any type of commitment that may affect the impartiality of their discretion by activities, your spouse, ascendants and descendants in first grade, this, in order to permit an assessment objective existence of incompatibilities or conflicts of interest; (d) will be required to the Federal Administration of public income (AFIP) a report on the fulfillment of tax obligations of those selected; (e) held a public hearing for the purpose of evaluating the planned observations according to which set the regulation; f) citizens, non-governmental organizations, schools and professional associations and academic institutions may, within the period of fifteen (15) days from the last publication in the Official Gazette of subparagraph b) of this article, submit to the Ministry of Justice and human rights, written and so founded and documented, comments on the candidates. Notwithstanding the presentations carried out, in the same period it may be required to view organizations of relevance in the professional, judicial and academic for the purposes of its assessment; (g) not more than fifteen (15) days from the expiration of the deadline shall be held the public hearing for the evaluation of the comments submitted. After and within a period of seven (7) days, the Minister of Justice and human rights will raise the proposal for consideration to the Executive branch.
ARTICLE 10. -Merge as article 9 bis of law 25246 and its amendments, the following text:
Article 9 bis: the Executive branch may remove the President and Vice President of the unit's (FIU) from his post when they commit in the poor performance of its functions or https://www.boletinoficial.gob.ar/pdf/linkQR/bCtycmpocDI5S2d5VC9wRXlpb01lUT09 serious negligence, when they are sentenced for fraudulent offences or physical or moral inability to rear its designation.
ARTICLE 11. (- Replaced article 11 of law 25246 and its modifications, by the following text: article 11: to be a member of the unit's (FIU) will be required: 1) own University Bachelor's degree, preferably in law, or in disciplines relating to economics or computer sciences. (2) hold technical and professional background in the field. (3) do not exercise at the same time, during the year preceding its designation exercising activities requiring regulation in each case, nor nor an interest in them. To be a member of the Advisory Board it will take three (3) years of seniority in the body that is represented.
ARTICLE 12. -Replace article 12 of law 25246 and its modifications, by the following text: article 12: the unit's (FIU) will have the support of liaison officers appointed by the heads of the Ministry of Justice and human rights of the Ministry of Foreign Affairs, international trade and worship, the Ministry of the Interior, the Ministry of economy and public finance , of the Secretariat for the prevention of drug addiction and fight against the drug trafficking of the Presidency of the nation, of the Central Bank of the Argentina Republic, in the Federal Administration of public revenue, the public records of trade or similar provinces, of the National Commission of values and the National Superintendency of insurance , the General inspection of Justice, of the National Institute of associativism and economy, Social, of the Superintendence of financial and Exchange, of the records of the property, of the national direction of the national automotive property registry entities or similar in the provinces, the Ministry of security and the national security forces. Liaison officers will be function consultation and institutional coordination between the unit's (FIU) and the bodies to which they belong. They must be hierarchical officers or heads of agencies that represent. The President of the unit's (FIU) may apply to the holders of other public or private bodies the designation of liaison officers whenever it deems useful for the exercise of their functions.
ARTICLE 13. -Replace paragraph 1 of article 13 of law 25246 and its modifications, with the following: 1. receiving, requesting, and archive the information referred to in article 21 of this law, such data only can be used as part of an ongoing investigation.
ARTICLE 14. -Replace article 14 of law 25246 and its modifications, by the following: article 14: Unit's (FIU) shall have the right to: 1. request reports, documents, background and any other element deemed useful for the fulfilment of its functions, to any public, national, provincial or municipal agency, and individuals or legal, public or private, all of which will be required to provide them within the term that is set them , under penalty of law.
Within the framework of the analysis of a report of a suspicious transaction the subjects referred to in article 20 may not object to the unit's (FIU) banking, tax, stock or professional secrecy, nor legal or contractual commitments of confidentiality. 2. receive voluntary statements, which in any case may be anonymous. 3. require the collaboration of all the State information services, which are obliged to provide it in terms of the procedural regulations in force. 4. Act in any place of the Republic in compliance with the functions provided by this law. (5 request to the public prosecutor so that this requires the competent judge the suspension, is resolved by the deadline determined by this, the execution of any operation or act previously reported pursuant to subparagraph (b)) of article 21, or other acts which are linked to these, before implementation, when suspicious activities are investigated and there is serious and serious evidence that it's from money laundering of any of the offences set forth in article 6 This law or financing of terrorism. The appeal of this measure may only be granted with devolutive effect. 6 ask the public prosecutor to required the competent judge RAID on public or private places, the personal search and the kidnapping of documentation or elements useful for research. Ask the Attorney General to arbitrate all the necessary legal means to obtain information from any source or origin. 7 have the implementation of systems of internal control for persons referred to in article 20. In order to implement a system of internal Comptroller the financial information unit (UIF) shall establish procedures of supervision, control and inspection in-situ control of compliance with the obligations laid down in article 21 of the law and the directives and instructions issued pursuant Article 14 faculties subsection 10. Internal control system will directly depend on the President of unit's (FIU), who shall have the conduct of the procedure, which must be acted as. For obligors who have specific controller organs, latter must provide to the unit's (FIU) collaboration in the framework of their competence. 8. apply the sanctions provided for in chapter IV of this law, due process must be guaranteed. 9 organize and manage files and background relating to the activity of own unit (UIF) or data obtained in the exercise of their functions for recovery of information relating to its mission, and can celebrate agreements and contracts with national, international and foreign agencies to integrate into such informative networks, provided that necessary and effective reciprocity. 10 issue directives and instructions which shall comply with and implement the subjects bound by this law, after consultation with the specific control bodies. The subjects required in paragraphs 6 and 15 of article 20 may enact rules of procedure complementary to the directives and instructions issued by the unit's (FIU), not extend or modify the scope defined by the directives and instructions.
ARTICLE 15. -Replace article 20 of law 25246 and its modifications, by the following: article 20: are obliged to report to the unit's (FIU), under the terms of article 21 of this law: 1. financial entities subject to the rule of law 21,526 and amendments. 2. the entities subject to the rule of law 18.924 and amending laws and natural or legal persons authorized by the Central Bank of the Republic of Argentina to operate in the purchase and sale of foreign currency https://www.boletinoficial.gob.ar/pdf/linkQR/bCtycmpocDI5S2d5VC9wRXlpb01lUT09
in form of money or checks extended foreign currency through the use of credit cards or payment, or in the transmission of funds within and outside the national territory. 3. the natural or legal persons who exploit gaming as usual activity. 4 agents and bag, corporate Manager of mutual funds companies, agents of open electronic market, and all those middlemen in the purchase, rental or lending of securities values operating under the orbit of trade with or without markets attached bags. 5. forwarding agents enrolled in the futures and options markets whatever is its object. 6. the public records of trade, the representative bodies of control and control of legal persons, real property records, property records, automotive, pledge records, records of vessels of all types and aircraft records. 7. the natural or legal persons engaged in buying and selling works of art, antiques or other luxury goods, philatelic or numismatic investment, or to export, import, production or industrialisation of jewels or goods with metals or precious stones. 8. insurance companies. 9. the issuers of traveller's cheques or credit or purchasing card. 10. the flows transport companies. 11 companies borrowing or concessionary postal services performing transactions of money exchange or transfer of different types of coin or banknote. 12. the notaries public. 13. the entities covered by article 9 of law 22.315. 14. the customs broker defined in article 36 and matching of the customs code (law 22.415 and amended). 15. the agencies of the public administration and decentralized and/or self-governing entities that exercise regulatory functions, control, supervision and Superintendence on economic and/or legal and/or subjects of law, individual or collective: the Central Bank of the Republic Argentina, the Federal Administration of public revenues, the National Superintendency of insurance, the National Securities Commission the General inspection of Justice, the National Institute of associations and Social economy and the national court of competition; 16. the producers, consultants, insurance, agents, intermediaries, experts and whose activities are governed by the laws of 20.091 and 22,400, insurance adjusters amended, concordant and complementary; 17 registered professionals whose activities are regulated by professional councils in economic sciences; 18. also are required to the duty to inform all legal entities which receive donations or contributions from third parties; 19. the agents or registered real estate brokers and companies of any kind relating to the real estate brokerage, integrated and/or administered exclusively by agents or registered real estate brokers; 20. the mutual and cooperative associations regulated by law 20.321 and 20.337 respectively; 21. the natural or legal persons whose usual activity is the sale of automobiles, trucks, motorcycles, bus and minibus, tractors, agricultural and road machinery, ships, yachts and similar aircraft and gliders. 22. the physical or legal persons to act as Trustees, in any type of trust and individuals or legal holders of or linked, directly or indirectly, with trust accounts, trustors and trust under trust agreements. 23. the legal persons that perform functions of organization and regulation of professional sports.
https://www.boletinoficial.gob.ar/pdf/linkQR/bCtycmpocDI5S2d5VC9wRXlpb01lUT09 article 16. (- Merge as article 20 bis of law 25246 and its amendments, the following: article 20 bis: duty to inform is the legal requirement that have subjects listed in article 20, in its scope, put at the disposal of the unit's (FIU) the collected documentation of its customers in compliance with provisions in article 21 paragraph to) and to knowledge of the unit's (FIU) conduct or activities of natural or legal persons, which may infer the existence of an atypical situation that would be likely to set up a fact or suspicious transaction, money laundering or financing of terrorism. Knowledge of any fact or suspicious operation, will impose on such subjects the obligatory nature of the exercise of the activity described above. The unit's (FIU) shall determine the procedure and the opportunity from which the obligors will meet before her duty to inform that article 20 establishes. In the case of the obligated subject is a legal person regularly constituted, it shall designate a compliance officer by the Board of Directors, in the event that the regulation establishes it. Its function is to formalize the presentations to be carried out within the framework of the obligations established by law and the directives and instructions issued accordingly. Therefore the responsibility of the duty to inform under article 21 but is solidary and unlimited for all of the members of the Board of Directors. In the case concerned the obligated subject of an irregular society, the reporting obligation will fall on any of the partners of the same. The case concerned the obligated subject of a public body listed in paragraphs 6 and 15 of article 20, it should designate a compliance officer for the purposes of completing presentations to be carried out within the framework of the obligations established by law and the directives and instructions issued as a result. However this the responsibility of the duty to inform under article 21 corresponds exclusively to the owner of the Agency.
ARTICLE 17. -Merge as article 21 bis of law 25246 and its amendments, the following:
Article 21 bis: for the purposes of subparagraph a) of article 21, is taken as a definition of customer the adopted and suggested by the Inter-American Commission for the Control of the drug abuse of the Organization of American States (CICAD-OAS). As a result, defined as customers all those natural or legal persons which settles, occasional or permanently, a contractual relationship of financial, economic or commercial. In this sense it is customer who develops once, occasionally or on a regular basis, transactions with obligors. The minimum information required customers will cover: to) individuals: names and complete; date and place of birth; nationality; sex; marital status; number and type of identity document to be displayed in original (national identity document, address book articles, civic address, identity card, passport); CUIT/CUIL/CDI; address (Street, number, city, province and postal code); telephone number and profession, trade, industry, Commerce, etc. which constitutes their principal activity. Equal treatment will be, if any, to the guardian, guardian, conservator, representative or guarantor. Will also require an affidavit about the origin and legality of the funds, or the appropriate supporting documentation, as set it the directives issued by the unit's (FIU); (b) legal persons: company name; date and number of registration; https://www.boletinoficial.gob.ar/pdf/linkQR/bCtycmpocDI5S2d5VC9wRXlpb01lUT09 tax registration number; date of the contract or instrument of incorporation; copy of the social status updated, without prejudice to the original display; address (Street, number, city, province and postal code); telephone number of the head office and main activity. Also request data of authorities, legal representative, proxy or authorized use of signature, identifying which operate on the subject forced on behalf of the legal person. The same precautions indicated above will be credited in case of associations, foundations and other organizations with or without legal personality. Will also require an affidavit about the origin and legality of the funds, or the appropriate supporting documentation, as set it the directives issued by the unit's (FIU); (c) when there are doubts about whether clients acting on their own or when there is the certainty that you do not act on their own, the obligors shall take additional reasonable steps, in order to obtain information about the true identity of the person on account of which act customers. Obligors must pay special attention to prevent individuals from using screen to legal persons such as companies to perform their operations. Obligors must have procedures that allow the structure of society, determine the source of their funds and identify landlords, beneficiaries and those who wield the real control of the legal person. Obligors shall take specific and appropriate measures to reduce the risk of money laundering and the financing of terrorism, when you hire the service or products with customers who have not been physically present for identification. In the case of politically exposed persons, pay special attention to transactions carried out by them, which are unrelated to the declared activity and its profile as a customer; (d) the obligors may set up manuals of procedure of prevention of money laundering and the financing of terrorism, and designate officers of compliance, in the cases and with the scope that determine the directives issued by the unit's (FIU). The information collected must be retained at least during five (5) years, and must register sufficiently so that it can rebuild. The deadline for reporting "facts" or "suspicious transactions" of money-laundering shall be one hundred fifty (150) calendar days from the operation performed or tempted. The deadline for reporting "facts" or "suspicious transactions" of financing of terrorism shall be forty-eight (48) hours from the operation performed or tempted, enabling days and non-working hours for this purpose.
ARTICLE 18. -Replace article 23 of law 25246 and its modifications, by the following: article 23:... 1 shall be punished by a fine of five (5) to twenty (20) times the value of the goods object of the crime, the legal person whose executing organ had collected or provided goods or money, whatever its value, with knowledge that will be used by a member of a terrorist conspiracy, in the sense of article 213 quater of the criminal code. When the fact would have been committed by recklessness or gross negligence of the organ or executor of a legal person or by various organs or executors yours, fine the legal person will be twenty percent (20%) to sixty percent (60%) of the value of the goods the subject of the offence. 2 when the organ or executor of a legal person had committed the offence referred to in article 22 of this law in that character, the legal person shall be liable to fine of fifty thousand dollars ($ 50,000) to five hundred thousand dollars ($ 500,000).
https://www.boletinoficial.gob.ar/pdf/linkQR/bCtycmpocDI5S2d5VC9wRXlpb01lUT09 article 19. -Replaced article 24 of law 25246 and its modifications, by the following:
Article 24:... 1. the person acting as executor of a legal person or organ or the person of visible existence which fails to comply with any of the obligations before the unit's (FIU) established by this law, shall be punished with fines of a (1) to ten (10) times the total value of the goods or operation to which the infringement relates If the fact does not constitute one offence more serious. 2. the same penalty shall apply to the legal person in whose body is habitually the offending subject. 3 when you can not set the actual value of the goods, the fine will be ten thousand pesos ($ 10,000) to one hundred thousand pesos ($ 100,000). 4. the action to apply the sanction provided for by this article shall prescribe five (5) years, of the non-compliance. Equal time govern the fine workmanship, computed from that firm is the Act that this provided for it. 5. the computation of the prescription of the action to apply the sanction provided for in this article shall be interrupted: by the notification of the Act requiring the opening of the pre-trial or the notification of the administrative act that has its application.
ARTICLE 20. (- Replace article 27 of law 25246 and its modifications, by the following: article 27: the development of the activities of the unit's (FIU) must be financed with the following resources: a) contributions determined in the budget of expenditures and calculation of the resources of the national administration, which shall not be less than zero eat six per cent (0.6%) of those assigned to the Ministry of Justice and human rights of the nation; (b) the resources it receives from public, private, national and international organizations under any title. In all cases, the proceeds of the sale or administration of assets or from instruments of the offences envisaged in this law and seizures ordered in its consequence, as well as also the profits obtained illegally and the proceeds from the fines that are imposed in its consequence will be destined to a special account of the national treasure. Those funds will be affected to finance the operation of the unit's (FIU), the programmes provided for in article 39 of the 23.737 law and its amendment law 24.424, health and training work, as set it relevant regulations. Money and other assets or resources legally kidnapped by the Commission of the offences envisaged in this law, shall be delivered by the intervening Court to a special fund that will establish the national executive power. Such fund may administer the property and dispose of money pursuant to above, being responsible for its return to whom it may concern when a firm judgment provides it.
ARTICLE 21. (- Replaced article 30 of law 25246 and its modifications, by the following: article 30: judge intervening in criminal proceedings for the offences provided for in the articles 303, 213 ter and quater 213 of the criminal code may be: https://www.boletinoficial.gob.ar/pdf/linkQR/bCtycmpocDI5S2d5VC9wRXlpb01lUT09 0 to) suspend the arrest warrant for one or more persons; b) differ inside Argentine territory interception of remittances of money or goods of illegal origin; (c) suspend the kidnapping of instruments or effects of the investigated crime; (d) defer the execution of other coercive or probationary measures. Intervening judge may also suspend the interception on Argentine territory of remittances of money or goods or any other effects linked with mentioned offenses and allow their departure from the country, provided any security that the surveillance of those will be supervised by the judicial authorities of the country of destination. The resolution that has the above mentioned measures must be founded and issued only in the event that the immediate execution of them may compromise the success of the research. Insofar as possible should be noted a detail of the goods on which rests the measure.
ARTICLE 22. -Merge as article 31 of law 25246 and amended: article 31: the provisions laid down in articles 2 °, 3°, 4 °, 5 °, 6 ° and 7 ° 25.241 law shall apply to the offences set forth in the 213 articles 19B, 213 c and 303 of the Penal Code. The expected penalty reduction will not proceed with respect to public servants. In the case of article 6 of the law 25.241 the penalty shall be two (2) to ten (10) years when false statements or inaccurate data are prejudicial to a defendant.
ARTICLE 23. -Merge as article 32 of law 25246 and amended: article 32: judge intervening in criminal proceedings for the offences mentioned in the 213 articles 19B, 213 c and 303 of the criminal code may have the reservation of the identity of a witness or accused that he has collaborated with research, whenever it proves necessary to preserve the safety of those named. Auto should be founded and consign special protective measures deemed necessary.
ARTICLE 24. -Merge as article 33 of law 25246 and amended: article 33: which unduly reveal the identity of a witness or a defendant's identity quiet, as forecasts of the present law, shall be punished with imprisonment of one (1) to four (4) years and a fine of fifty thousand pesos ($ 50,000), provided it not configurare a more severely punishable crime. The penalties provided in article 31 sexies of the 23.737 law shall apply to the officer or employee public in cases of witness or accused of reserved identity provided in this law, while isn't a crime punishable more severely.
ARTICLE 25. -The unit's (FIU) not may be constituted as part Prosecutor in criminal proceedings.
ARTICLE 26. -Communicate to the national executive power. GIVEN IN THE CHAMBER OF THE CONGRESO ARGENTINO, BUENOS AIRES, TO A DAY OF THE MONTH OF JUNE OF THE YEAR TWO THOUSAND ELEVEN.
https://www.boletinoficial.gob.ar/pdf/linkQR/bCtycmpocDI5S2d5VC9wRXlpb01lUT09 1 - registered under no. 26.683 - Joseph J. B. PAMPURO. -EDUARDO A. FELLNER. -Enrique Hidalgo. -John H. Estrada.
Date of publication: 21/06/2011 https://www.boletinoficial.gob.ar/pdf/linkQR/bCtycmpocDI5S2d5VC9wRXlpb01lUT09 2