CODIGO PENAL Law 26.733 Modification. Sanctioned: December 22, 2011 Promulgated: December 27, 2011 The Senate and Chamber of Deputies of the Argentine Nation assembled in Congress, etc. forcefully sanctioned by Law:
ARTICLE 1 Replace article 77 of the Criminal Code with the following:
Article 77: The following rules shall be taken into account for the intelligence of the text of this code:
The time limits referred to in this code shall be counted in accordance with the provisions of the Civil Code. However, the release of those sentenced to custodial sentences will be carried out at noon of the day concerned.
The term “rules” or “ordinances”, includes all the general provisions issued by the competent authority in the matter concerned.
By the terms “public official” and “public employment”, used in this code, everyone who accidentally or permanently participates in the exercise of public functions is appointed either by popular choice or by appointment of competent authority.
The term “military” designates any person who reviews military status at the time of the fact under the organic law for military personnel.
Civil civil civil servants who are members of the chain of command are assimilated to military personnel in relation to offences committed in their character, when they produce acts or impart orders or instructions as members of the chain of command if they involve commission of or participation in the commission.
With the word “marketing”, all kinds of explosive effects are designated.
The term “capitán” includes any ship commander or the one who replaces it.
The term “tripling” includes all who are on board as officers or sailors.
The term “stupefascientists” includes narcotic drugs, psychotropics and other substances capable of producing physical or mental dependence, which are included in the lists that are produced and updated periodically by decree of the national executive branch.
The term “rural establishment” includes any property that goes to the breeding, improvement or fattening of livestock, activities of tambo, farm or cultivation of the land, to poultry or other breeding, development or similar use.
The term “document” includes any representation of acts or acts, regardless of the support used for fixing, storage, file or transmission.
The terms “firm” and “subscription” include digital signature, digital signature, or digital signature.
The terms “private instrument” and “certified” include the digitally signed document.
The term “privileged information” includes all information not available to the public whose disclosure could have significant influence on the stock market.
ARTICLE 2 Replace article 300 of the Criminal Code with the following:
Article 300: They shall be repressed with imprisonment of six (6) months to two (2) years:
One. The one who raises or lowers the price of the goods by means of false news, fined negotiations or by meeting or coalition between the main holders of a commodity or gender, in order not to sell it or not to sell it but at a certain price.
Two. The founder, director, administrator, liquidator or syndicate of an anonymous or cooperative society or of another collective person, who knowingly publish, certify or authorize an inventory, a balance sheet, an account of profits and losses or the corresponding reports, records or memories, false or incomplete or inform the assembly or meeting of partners, with falsehood, about important facts to appreciate the economic situation of the company, whatever the purpose has been.
ARTICLE 3o - Incorporate as article 306 of the Criminal Code, the following:
Article 306: He shall be repressed with imprisonment from one (1) to four (4) years, fine equivalent to the amount of the operation, and special disqualification of up to five (5) years, the director, member of the control body, shareholder, representative of shareholder and all that for his work, profession or function within a issuing company, by himself or by person interposed, supply or use privileged information to which he or she would have accessed, on sale,
ARTICLE 4°- Incorporate as article 307 of the Criminal Code, the following:
Article 307: The minimum penalty provided for in the preceding article shall be raised to two (2) years ' imprisonment and the maximum to six (6) years ' imprisonment, when:
(a) The perpetrators of the offence shall use or supply privileged information on a regular basis;
(b) The use or provision of privileged information resulted in the acquisition of a benefit or avoided economic damage, for itself or for third parties.
The maximum penalty is to be raised to eight (8) years ' imprisonment when:
(c) The use or provision of privileged information causes serious damage to the stock market;
(d) The offence shall be committed by a director, member of the supervisory body, official or employee of an authorized entity or of a risk-qualifying company, or by profession of those requiring qualification or registration, or by a public official. In these cases, a special disqualification penalty of up to eight (8) years will also be imposed.
ARTICLE 5o- Incorporate as article 308 of the Criminal Code, the following:
Article 308:
1. It will be repressed with imprisonment of one (1) to four (4) years, fine equivalent to the amount of the operation and disqualification of up to five (5) years, which:
(a) Conduct transactions or operations that raise, maintain or lower the price of negotiable securities or other financial instruments, using false news, fined negotiations, meeting or coalition among the main holders of the species, in order to produce the appearance of greater liquidity or to negotiate it at a certain price;
(b) It offers negotiable values or financial instruments, concealing or concealing true facts or circumstances, or affirming or interfering false facts or circumstances.
2. It will be repressed with imprisonment of two (2) to six (6) years, when the representative, administrator or prosecutor of a business society of which they have an obligation to establish private control bodies, inform the partners or shareholders by concealing or falsifying important facts to appreciate the economic situation of the company or that in the balances, memories or other accounting documents, it will record false or incomplete data.
ARTICLE 6°- Incorporate as article 309 of the Criminal Code, the following:
Article 309: It shall be repressed with imprisonment from one (1) to four (4) years, a fine of two (2) to eight (8) times the value of the operations performed and special disqualification up to six (6) years, which, directly or indirectly, shall carry out activities of financial intermediation, under any of its modalities, without the authorization of the competent supervisory authority.
The same penalty shall be for anyone who collects savings from the public in the stock market or provides brokering services for the acquisition of negotiable values, if he does not have the corresponding authorization issued by the competent authority.
The minimum amount of the penalty will be raised to two (2) years when journalistic publications, radio or television broadcasts, the Internet, cinematographic projections, posters, posters, programmes, circulars and printed communications or any other mass media procedure have been used.
ARTICLE 7°- Incorporate as article 310 of the Criminal Code, the following:
Article 310: They shall be repressed with imprisonment from one (1) to four (4) years, fine from two (2) to six (6) times the value of the operations and disqualification of up to six (6) years, employees and officials of financial institutions and those who operate in the stock market that insert false data or mentioning non-existent facts, documenting an active or passive credit operation or causing the negotiation of third-party values, with the benefit of obtaining a third-party profit or loss.
In the same sentence, a person who omits to establish or to place a proper record of any of the operations referred to in the preceding paragraph shall incur.
ARTICLE 8°- Incorporate as article 311 of the Criminal Code, the following:
Article 311: The employees and officials of financial institutions and those who operate in the stock market that directly or indirectly, and irrespective of the positions and interests set by the institution, shall be repressed with imprisonment from one (1) to six (6) years and disqualified from up to six (6) years.
ARTICLE 9 Incorporate as article 312 of the Criminal Code, the following:
Article 312: Where the criminal acts provided for in the preceding articles have been carried out on behalf of, or with the intervention, or for the benefit of an ideal person, the provisions provided for in article 304 of the Criminal Code shall apply.
In the case of legal persons who make public tenders of negotiable values, the penalties must be applied, taking care not to harm the shareholders or holders of the respective titles to those who are not responsible for the criminal act. To that end, the monitoring body of society should be heard.
Where the legal person is satisfied, the penalties may not be applied to the detriment of the rights and privileges of creditors for reasons or title prior to the criminal act. To that end, the lecturer should be heard.
ARTICLE 10. Renumber Articles 306, 307 and 308 of the Criminal Code as articles 314, 315 and 316 respectively.
ARTICLE 11. Please refer to the national executive branch to the preceding articles.
ARTICLE 12.- Contact the national executive branch.
IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, TO THE LITTLE DAYS OF THE YEAR TWO MIL ONCE.
- REACHED THE N° 26.733-
AMADO BOUDOU.- JULIAN A. DOMINGUEZ.- Gervasio Bozzano.- Juan H. Estrada
