Criminal Code Laws 11.179 And 25.246 - Modification - Full Text Of The Norm

Original Language Title: CODIGO PENAL LEYES 11.179 Y 25.246 - MODIFICACION - Texto completo de la norma

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
image inicio sitio infoleg MInisterio de Justicia y Derechos Humanos
CODIGO ENAL Law 26.683 Modification. Posted: June 1 of 2011 Partially promulgated: June 17 of 2011

The Senate and Chamber of Deputies of the Argentine Nation assembled in Congress, etc. sanction with force of Law:

ARTICLE 1 O Replace the name of Chapter XIII, Title XI of the Criminal Code, which shall be referred to as "Chapter XIII. Coverage". ARTICLE 2 O Refer to article 278 of the Criminal Code. ARTICLE 3o O Replace article 279 of the Criminal Code with the following text:

Article 279:

(1) If the criminal scale envisaged for the preceding offence is less than that set out in the provisions of this chapter, the criminal scale of the preceding offence shall apply to the case.

(2) If the previous offence was not threatened with a custodial sentence, it shall apply to its cover-up fine of one thousand (1,000) pesos to twenty thousand (20.000) pesos or the criminal scale of the preceding offence, if it were less.

(3) Where the author of the facts described in article 277, paragraphs 1 or 3, was a public official who had committed the act in the exercise or occasion of his or her functions, he would also suffer a special disqualification from three (3) to ten (10) years. The same penalty shall be incurred by those who have acted in the exercise of a profession or office requiring special empowerment.

(4) The provisions of this chapter shall govern even if the preceding offence had been committed outside the scope of the space application of this Code, whereas the fact that criminalized it would also have been punished at the place of its commission.

ARTICLE 4o O Incorporate Title XIII into the Criminal Code, which shall be referred to as "crimes against economic and financial order". ARTICLE 5o O Renumber Articles 303, 304 and 305 of the Criminal Code, such as articles 306, 307 and 308 respectively, and incorporate into Title XIII of the Criminal 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 the amount of the operation, the one that converts, transfers, administers, sells, gravare, dissimulare or otherwise puts in circulation in the market, goods from a criminal offence, with the possible consequence that the origin of the original goods or the subrogatives acquires the appearance of one hundred

(2) The penalty provided for in paragraph 1 shall be increased by one third of the maximum and in half of the minimum, in the following cases:

(a) When the author performs the act habitually or as a member of an association or band formed for the continued commission of acts of this nature;

(b) When the author was a public official who had committed the act in exercise or occasion of his functions. In this case, he will also suffer the penalty of special disqualification from three (3) to ten (10) years. The same penalty shall be incurred by those who have acted in the exercise of a profession or office requiring special empowerment.

(3) Any person who receives money or other property 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, shall be punished by imprisonment from six (6) months to three (3) years.

(4) If the value of the property does not exceed the amount specified in paragraph 1, the author shall be repressed with the prison term of six (6) months to three (3) years.

(5) The provisions of this article shall still govern when the preceding criminal offence had been committed outside the space scope of this Code, while the fact that it established it had also been punished at the place of its commission.

Article 304: Where the criminal acts provided for in the preceding article have been carried out on behalf of, or with the intervention, or for the benefit of an ideal person, the following sanctions shall be imposed on the entity jointly or alternatively:

1. A fine of two (2) to ten (10) times the value of the proceeds of crime.

2. Total or partial suspension of activities, which in no case may exceed 10 years.

3. Suspension to participate in State competitions or tenders for public works or services or in any other activity linked to the State, which in no case may exceed 10 years.

4. Cancellation of the personry when it had been created only for the purpose of the commission of the offence, or such acts constitute the principal activity of the entity.

5. Loss or suspension of state benefits.

6. Publication of an extract from the conviction at the expense of the legal person.

In order to graduate these sanctions, judges will take into account the failure to comply with internal rules and procedures, the failure to monitor the activity of the perpetrators and participants, the extent of the damage caused, the amount of money involved in the commission of the crime, the size, nature and economic capacity of the legal person.

Where it is essential to maintain the operational continuity of the entity, or of a work, or of a particular service, the penalties provided for in subparagraph 2 and paragraph 4 shall not apply.

Article 305: The judge may, from the outset of the proceedings, take the necessary precautionary measures to ensure the custody, administration, maintenance, execution and disposition of the property or property that is instruments, proceeds, profit or effects related to the offences provided for in the preceding articles.

In asset-laundering operations, they shall be confiscated in a definitive manner, without the need for criminal conviction, when it has been possible to verify the wrongfulness of their origin, or the material act to which they are linked, and the accused cannot be prosecuted on the grounds of death, escape, statute or any other grounds of suspension or termination of criminal proceedings, or where the accused has recognized the illicit proceeding or use of the property.

Assets that are confiscated shall be used to repair the damage caused to society, to victims in particular or to the State. A specific destination may be given to property only in order to fulfil those purposes.

Any claim or dispute concerning the origin, nature or ownership of the property shall be made through an administrative or civil restitution action. Where the asset has been auctioned, the monetary value may be claimed only.

ARTICLE 6o O Substitute, following article 23, paragraph 6, of the Criminal Code, the following:

In the event of the offences provided for in article 213 ter and quater and in Title XIII of the Second Book of this Code, they shall be permanently confiscated, without the need for criminal conviction, when the wrongfulness of their origin has been ascertained, or the material fact to which they are linked, and the accused cannot be prosecuted on the grounds of death, escape, statute or any other grounds for the suspension or termination of criminal proceedings.

Any claim or dispute concerning the origin, nature or ownership of the property shall be made through an administrative or civil restitution action. Where the asset has been auctioned, the monetary value may be claimed only.

ARTICLE 7o O Replace article 5 of Law 25,246 and its amendments, with the following:

Article 5: The Financial Information Unit (UIF) shall 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 Act.

ARTICLE 8o O Replace Article 6 of Law 25,246 and its amendments, with the following:

Article 6: The Financial Information Unit (FIU) will be responsible for the analysis, treatment and transmission of information in order to prevent and prevent:

1. The offence of money laundering (article 303 of the Criminal Code), preferably derived from the commission of:

(a) Offences related to illicit drug trafficking and marketing (law 23,737); (b) Arms smuggling and drug smuggling (law 22,415); (c) Offences related to the activities of an illicit association qualified under article 210 bis of the Criminal Code or an illicit terrorist association under article 213 ter of the Criminal Code; (d) Offences committed by illicit associations (article 210 of the Criminal Code) organized for the commission of offences for political or racial purposes; (e) Offences of fraud against public administration (article 174, paragraph 5, of the Criminal Code); (f) Offences against the Civil Service provided for in chapters VI, VII, IX and IX bis of Title XI of the Second Book of the Criminal Code; (g) Offences of child prostitution and child pornography, provided for in articles 125, 125 bis, 127 bis and 128 of the Criminal Code; (h) Crimes of financing of terrorism (article 213 of the Criminal Code); (i) Extortion (article 168 of the Criminal Code); (j) Offences provided for in law 24,769; (k) Deal with people.

2. The offence of financing terrorism (article 213 of the Criminal Code).

ARTICLE 9o O Replace article 9 of Law 25,246 and its amendments, with the following text:

Article 9: The President and Vice-President of the Financial Information Unit (UIF) shall be appointed by the National Executive Branch on the proposal of the Ministry of Justice and Human Rights. The selection procedure is set out as follows:

(a) A public, open and transparent procedure will be carried out within the Ministry of Justice and Human Rights to ensure the suitability of candidates;

(b) The name, surname and curriculum history of the persons selected in the Official Gazette and in two (2) national daily newspapers will be published for three (3) days;

(c) The candidates shall submit an affidavit with the payroll of all the property of their own, the spouse and/or those of the convivor, those that integrate the property of the conjugal society and those of their minor children, in accordance with article 6 of the Law on Etica de la Función Pública 25.188 and concordants.

In addition, they should enclose another statement, including the payroll of civil associations and business societies that integrate or have integrated in the last eight (8) years, the payroll of clients 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 of advice to which they belonged or belong, as appropriate, and in general, any type of commitment

(d) The Federal Public Income Administration (AFIP) will be required to report on the fulfilment of the tax obligations of those selected;

(e) A public hearing will be held for the purpose of evaluating the observations provided for in accordance with the provisions of the regulation;

(f) Citizens, non-governmental organizations, vocational schools and associations and academic entities may, within fifteen (15) days of the last publication in the Official Gazette of subparagraph (b) of this article, submit to the Ministry of Justice and Human Rights, in writing and in a well-founded and documented manner, comments on candidates. Without prejudice to the presentations that are made, the same period may require opinion to organizations of relevance in the professional, judicial and academic field for the purposes of their assessment;

(g) In no more than fifteen (15) days, since the expiry of the established deadline, the public hearing should be held for the evaluation of the observations submitted. Subsequently and within seven (7) days, the Minister of Justice and Human Rights will raise the proposal for consideration by the Executive.

ARTICLE 10. Incorporate as article 9o bis of Law 25,246 and its amendments, the following text:

Article 9 bis: The Executive Power may remove the President and Vice-President of the Financial Information Unit (IFU) from office when they incur in poor performance of their functions or in grave negligence, when they are convicted of the commission of malicious crimes or for physical or moral inability after their designation.

ARTICLE 11. Replace article 11 of Law 25,246 and its amendments, with the following text:

Article 11: To be a member of the Financial Information Unit (UIF) it shall be required:

(1) He holds a university degree, preferably in Law, or in disciplines related to Economics or Computer Sciences.

(2) Have a technical and professional background on the subject.

(3) Do not exercise simultaneously, or have exercised during the previous year the activities that the regulation requires in each case, or have no interest in them.

To be a member of the Advisory Council, three (3) years of age will be required in the body represented.

ARTICLE 12. Replace article 12 of Law 25,246 and its amendments, with the following text:

Article 12: The Financial Information Unit (UIF) shall be supported by liaison officers appointed by the holders of the Ministry of Justice and Human Rights, the Ministry of Foreign Affairs, International Trade and Worship, the Ministry of the Interior, the Ministry of Economy and Public Finance, the Ministry of Public Prosecutions, the Ministry of Public Security, the Ministry of Public Prosecutions

Liaison officers will have the role of institutional consultation and coordination between the Financial Information Unit (FIU) and the agencies to which they belong. They should be hierarchized officials or directors of the agencies they represent.

The President of the Financial Information Unit (FIU) may request the holders of other public or private agencies to appoint liaison officers when it creates it useful for the exercise of their functions.

ARTICLE 13. Replace article 13, paragraph 1, of Law 25,246 and its amendments, with the following:

1. Receiving, requesting and filing the information referred to in article 21 of this Act may only be used in the context of an ongoing investigation.

ARTICLE 14. Replace article 14 of Act No. 25,246 and its amendments with the following:

Article 14: The Financial Information Unit (UIF) shall be empowered to:

1. Request reports, documents, backgrounds and any other element that it deems useful for the performance of its functions, to any public, national, provincial or municipal bodies, and to natural or legal persons, public or private, all of which shall be obliged to provide them within the term established to them, under the notice of law.

In the context of the analysis of a suspicious transaction report, the subjects covered in Article 20 may not oppose the Financial Information Unit (UIF) the bank, fiscal, bureaucrat or professional secret, or the legal or contractual commitments of confidentiality.

2. Receive voluntary statements, which in no case may be anonymous.

3. To require the collaboration of all State information services, which are obliged to provide it in the terms of the current procedural regulations.

4. Acting anywhere in the Republic in compliance with the functions established by this Act.

5. To request the Public Prosecutor ' s Office to require the competent judge to terminate the suspension, by the time specified, of the execution of any operation or act previously reported under article 21 (b) or any other act linked to it, prior to its implementation, when suspicious activities are investigated and there are serious and serious indications that it is about the laundering of assets arising from any of the offences provided for in article 6 of the present law. The appeal of this measure may only be granted with a return effect.

6. Request the Public Prosecutor ' s Office to require the competent judge to search for public or private places, to search for personnel and to seize documentation or elements useful for the investigation. Request the Public Prosecutor ' s Office to use all necessary legal means to obtain information from any source or source.

7. To establish the implementation of internal countermeasure systems for the persons referred to in Article 20. In order to implement the system of internal pain, the Financial Information Unit (FIU) shall establish the procedures for monitoring, monitoring and on-site inspection for the control of compliance with the obligations set out in article 21 of the Act and the directives and instructions issued in accordance with the powers of article 14 paragraph 10.

The internal pain system will depend directly on the President of the Financial Information Unit (FIU), who will have the procedure to be acted upon.

In the case of obligatory individuals with specific counter-lor bodies, the latter should provide the Financial Information Unit (FIU) with collaboration within its competence.

8. Applying the penalties provided for in chapter IV of this Act, due process must be ensured.

9. Organize and manage files and backgrounds relating to the activity of the Financial Information Unit (IFU) itself or data obtained in the exercise of its functions for the recovery of information concerning its mission, and may conclude agreements and contracts with national, international and foreign agencies to integrate into such information networks, on a necessary and effective basis.

10. Issue directives and instructions to be enforced and implemented by the subjects bound by this law, after consultation with the specific control agencies. Subjects required under Article 20, paragraphs 6 and 15, may issue rules of procedure complementary to the directives and instructions issued by the Financial Information Unit (FIU), not being able to expand or modify the scopes defined by those directives and instructions.

ARTICLE 15. Replace article 20 of Law 25,246 and its amendments with the following:

Article 20: They are obliged to inform the Financial Information Unit (FIU), in the terms of Article 21 of this Law:

1. Financial entities subject to the law 21.526 and amendments.

2. Entities subject to the law regime 18,924 and modifications and individuals or legal entities authorized by the Central Bank of the Argentine Republic to operate in the sale of foreign exchanges in the form of money or extended cheques in foreign currency or through the use of credit or payment cards, or in the transmission of funds within and outside the national territory.

3. Physical or legal persons who, as usual activity, exploit random games.

4. Agents and stockholders, joint investment fund management companies, electronic open market agents, and all intermediaries in the purchase, rental or loan of securities that operate under the orbit of trading bags with or without adhered markets.

5. The intermediary agents inscribed in the markets of futures and options whatever their object is.

6. Public records of trade, representative agencies for the control and control of legal persons, real estate records, automotive property registers, pre-ship registers, all types of boat records and aircraft registers.

7. Personal or legal persons engaged in the sale of works of art, antiquities or other sumptuous goods, philatelic or numismatic investment, or in the export, import, processing or industralization of jewels or goods with metals or precious stones.

8. The insurance companies.

9. The issuing companies of traveller cheques or operators of credit or purchase cards.

10. Companies dedicated to the transport of flows.

11. Providers or concessionaires of postal services carrying out foreign exchange transactions or transfer of different types of currency or ticket.

12. The public scribes.

13. The entities covered by Article 9 of Law 22,315.

14. Customs dispatchers defined in Article 36 and in accordance with the Customs Code (Law 22,415 and Amendments).

15. The agencies of the Public Administration and decentralized and/or self-employed entities that perform regulatory, control, supervision and/or superintendence functions on economic activities and/or legal business and/or on subjects of law, individual or collective: the Central Bank of the Argentine Republic, the Federal Administration of Public Income, the Superintendence of National Insurance, the National Commission of Securities, the General Inspectorate of the National

16. Producers, insurance advisers, agents, intermediaries, insurance experts and liquidators whose activities are governed by Acts 20.091 and 22,400, their amendments, concordant and complementary;

17. Registered professionals whose activities are regulated by professional economic science councils;

18. They are also obliged to report all legal persons who receive donations or contributions from third parties;

19. The registered real estate agents or brokers and societies of any kind that are intended for the real estate brokerage, integrated and/or managed exclusively by registered real estate agents or brokers;

20. Mutual and cooperative associations regulated by laws 20,321 and 20,337 respectively;

21. The natural or legal persons whose usual activity is the sale of cars, trucks, motorcycles, bus and micro bus, tractors, agricultural and road machinery, ships, yachts and the like, aircraft and aerodees.

22. Individuals or legal entities acting as trustees, in any type of trustees, and natural or legal persons holding or linked, directly or indirectly, with trustees, trustees and trustees under trust contracts.

23. Legal persons performing organizational and regulatory functions of professional sports.

ARTICLE 16. Incorporate as article 20 bis of Law 25,246 and its amendments, the following:

Article 20 bis: The duty to report is the legal obligation of the subjects listed in Article 20, in their scope, to make available to the Financial Information Unit (UIF) the documentation collected from their clients in compliance with Article 21 (a) and to bring to the attention of the Financial Information Unit (UIF), the conduct or activities of the natural or legal persons, through which an operation may be subject to suspicion of existence.

The knowledge of any suspicious act or operation shall impose on such subjects the obligation of the exercise of the activity described above.

The Financial Information Unit (FIU) shall determine the procedure and the opportunity from which the obligation shall comply with the obligation to report under article 20.

In the event that the subject is a regularly constituted legal person, a compliance officer shall be appointed by the governing body, in the circumstances established by the regulation. Its function will be to formalize the submissions to be made within the framework of the obligations established by law and the directives and instructions issued accordingly. However, the responsibility of the duty to report under article 21 is binding and unlimited for the entire membership of the governing body.

In the event that the bound subject is an irregular society, the obligation to report shall fall on any of the members of the same.

In the event that the bound subject is a public body of those listed in article 20, paragraphs 6 and 15, a compliance officer shall be appointed for the purpose of formalizing submissions to be made within the framework of the obligations established by law and the directives and instructions issued accordingly. However, the responsibility for reporting under article 21 rests exclusively with the body ' s owner.

ARTICLE 17. Incorporate as article 21 bis of Law 25,246 and its amendments, the following:

Article 21 bis: For the purposes of Article 21(a), the definition of a client is taken as adopted and suggested by the Inter-American Commission on Drug Abuse Control of the Organization of American States (CICAD-OAS). Accordingly, all natural or legal persons with whom a contractual relationship of a financial, economic or commercial nature is established are defined as clients. In this sense, it is a client who develops once, occasionally or in a regular way, operations with the obligated subjects.

The minimum information to require customers will 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 (national identity card, enrolment notebook, civic notebook, identity card, passport); CUIT/CUIL/CDI; address (city, number, town, province and postal code); telephone and trade number, trade, etc., which constitutes their main activity, industry. The same treatment will be given, if any, to the possessor, guardian, curator, representative or guarantor. In addition, an affidavit will be required on the origin and bidding of funds, or the corresponding supporting documentation, as set out in the directives issued by the Financial Information Unit (FIU); (b) Legal persons: social denomination; date and registration number; tax registration number; date of contract or constitution writing; copy of the updated social status, without prejudice to the display of the original; address (city, number, town, province and postal code); telephone number of the social headquarters and main activity performed. The identification data of the authorities, the legal representative, the possessors and/or authorized with the use of a signature shall also be requested to operate with the subject bound in the name and representation of the legal person. The same precautions mentioned above will be credited in the cases of associations, foundations and other organizations with or without legal status. In addition, an affidavit will be required on the origin and bidding of funds, or the corresponding supporting documentation, as set out in the directives issued by the Financial Information Unit (FIU); (c) Where there are doubts as to whether the clients act on their own account or when there is a certainty that they do not act on their own account, the bound subjects will take reasonable additional measures, in order to obtain information on the true identity of the person on account of which the clients act. Obliged subjects should pay special attention to prevent natural persons from using legal persons as screen companies to perform their operations. Obliged subjects must have procedures to understand the structure of society, determine the origin of their funds and identify the owners, beneficiaries and those who exercise the real control of the legal person. Obliged individuals should take specific and appropriate measures to reduce the risk of asset laundering and the financing of terrorism, when the service or products with clients who have not been physically present for identification are contracted. In the case of politically exposed persons, special attention should be paid to transactions carried out by them, which are not related to the stated activity and its profile as a client; (d) Obligatory subjects may establish manuals for asset-laundering prevention and the financing of terrorism, and designate compliance officers, in cases and with the scope of the directives issued by the Financial Information Unit (FIU).

The information collected must be kept for at least five (5) years, having to register sufficiently for rebuilding.

The maximum reporting time "facts" u "suspecting operations" of the washing of assets will be a hundred and fifty (150) days run, from the operation performed or tempted.

The maximum reporting time "facts" u "suspecting operations" the financing of terrorism will be forty-eight (48) hours, starting from the operation carried out or tempted, providing safe days and hours to the effect.

ARTICLE 18. Replace article 23 of Act No. 25,246 and its amendments with the following:

Article 23:

1. It shall be punished with a fine of five (5) to twenty (20) times of the value of the property subject to the offence, the legal person whose enforcement body has collected or provided goods or money, whatever its value, with the knowledge that they shall be used by a member of an illicit terrorist association, within the meaning of article 213 quarrel of the Criminal Code.

When the act had been committed for the serious fear or imprudence of the organ or executor of a legal person or by several organs or enforcers thereof, the fine to the legal person shall be twenty per cent (20%) to sixty per cent (60%) of the value of the property subject to the crime.

2. When the organ or enforcer of a legal person had committed in that character the offence referred to in article 22 of this law, the legal person shall be liable to 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, as follows:

Article 24:

1. A person acting as an organ or enforcer of a legal person or a person of visible existence who fails to comply with any of the obligations to the Financial Information Unit (FIU) established by this Act shall be punished by a fine of one (1) to ten (10) times the total value of the assets or operation to which the offence is concerned, provided that the act does not constitute a more serious offence.

2. The same penalty shall apply to the legal person in whose agency the offender shall perform.

3. When the real value of the goods cannot be established, the fine will be ten thousand pesos ($ 10,000) to one hundred thousand pesos ($ 100,000).

4. The action to implement the penalty set out in this article shall prescribe at five (5) years of non-compliance. The same time limit shall apply for the execution of the fine, which is computed from the fact that the act so provides.

5. The computation of the limitation of the action to apply the penalty provided for in this article shall be terminated: by notification of the act which provides for the opening of the summary instruction or by notification of the administrative act which provides for its application.

ARTICLE 20. Replace article 27 of Law 25,246 and its amendments with the following:

Article 27: The development of the activities of the Financial Information Unit (FIU) must be financed by the following resources:

(a) Contributions determined in the General Budget for Expenditures and Resource Calculation of the National Administration that may not be less than zero shall be six per cent (0.6 per cent) of those assigned to the Ministry of Justice and Human Rights of the Nation;

(b) The resources that under any title receive from public, private, national and international bodies.

In all cases, the proceeds of the sale or administration of the goods or instruments derived from the offences provided for in this law and the confiscations ordered therein, as well as the proceeds obtained unlawfully and the proceeds of the fines imposed accordingly, shall be assigned to a special account of the National Treasury. Such funds shall be affected to finance the functioning of the Financial Information Unit (FIU), the programmes provided for in article 39 of Act No. 23,737 and its amended Act No. 24,424, the health and labour training, as provided for in the relevant regulations.

Money and other assets or remedies judicially abducted by the commission of the offences provided for in this Act shall be handed over by the intervening court to a special fund that shall institute the national executive branch.

The fund may administer the property and dispose of the money as set out above, being responsible for its return to the appropriate person when a firm judicial decision is issued.

ARTICLE 21. Replace article 30 of Law 25,246 and its amendments with the following:

Article 30: The judge in criminal proceedings for the offences provided for in articles 303, 213 ter and 213 quater of the Criminal Code may:

(a) Suspend the detention order of one or more persons; (b) Differ in Argentine territory the interception of money remittances or anti-legal property; (c) Suspend the abduction of instruments or effects of the crime investigated; (d) Defer the execution of other coercive or evidentiary measures.

The intervening judge may also suspend the interception in Argentine territory of remittances of money or property or any other effect linked to the above-mentioned offences and permit their departure from the country, provided that the monitoring of such remittances will be monitored by the judicial authorities of the country of destination.

The resolution providing for the above-mentioned measures should be founded and dictated only in the event that the immediate execution of the measures could compromise the success of the investigation. As long as it is possible, a detail of the assets on which the measure falls should be recorded.

ARTICLE 22. Incorporate as article 31 of Law 25,246 and its amendments:

Article 31: The provisions set out in articles 2o, 3o, 4o, 5o, 6o and 7o of the Act 25,241 shall apply to offences under articles 213 ter, 213 quater and 303 of the Criminal Code. The expected reduction of the penalty shall not be carried out with respect to public officials.

In the case of Article 6 of Law 25,241, the penalty shall be two (2) to ten (10) years when false statements or inaccurate data are prejudiced by a defendant.

ARTICLE 23. Incorporate as article 32 of Law 25,246 and its amendments:

Article 32: The judge who is involved in criminal proceedings for the offences provided for in articles 213 ter, 213 quater and 303 of the Criminal Code may make provision for the reservation of the identity of a witness or defendant who has collaborated with the investigation, provided that it is necessary to preserve the security of those appointed. The car must be founded and appropriate the special protection measures deemed necessary.

ARTICLE 24. Incorporate as article 33 of Law 25,246 and its amendments:

Article 33: Anyone who unduly reveals the identity of a witness or of a reserved identity imputed, in accordance with the provisions of this law, shall be punished with imprisonment of one (1) to four (4) years and a fine of fifty thousand pesos ($ 50,000), provided that he does not constitute a more severely punished offence.

The penalties set out in article 31 sexies of Act No. 23,737 shall be applicable to the official or public employee in the cases of a witness or of an identity charge set forth in this Act, unless it is a more severe offence.

ARTICLE 25. The Financial Information Unit (FIU) may not be constituted as a criminal complaint. (Note Infoleg: by art. 1st Decree No. 825/2011 B.O. 21/06/2011 This article is noted) ARTICLE 26. Contact the national executive branch.

IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, TO A DAY OF JUNE FOR THE YEAR DOS MIL ONCE.

_

JOSE J. B. PAMPURO. EDUARDO A. FELLNER. . Enrique Hidalgo. . Juan H. Estrada.

CODIGO ENAL Decree 825/2011 Obsérvase y Promúlgase la Ley No 26.683.

Bs. As., 17/6/2011

VISTO Draft Law No. 26,683 sanctioned by the HONORABLE CONGRESS OF NATION dated 1 June 2011 and

CONSIDERING:

That the bill introduces amendments to the Penal Code of the Nation and to Act No. 25,246 on the concealment and washing of assets of criminal origin.

Article 25 of the Bill provides that the Financial Information Unit (FIU) may not be constituted as a complaint in criminal proceedings.

That the fight against the laundering of assets and the financing of terrorism is a priority concern of the national State, since such criminal conduct constitutes a serious risk, not only for the stability of democratic systems and the development of their economies, but primarily for the freedom of citizens. This struggle is largely in the adoption of regulatory measures that make them effective, in the domestic order, the prevention and suppression of these crimes.

That the (IFU) is the agency responsible for the analysis, treatment and transmission of information, in order to prevent and prevent the crime of laundering of assets from both the commission of various criminal types and the crime of financing terrorism.

It is also the responsibility of the (UIF) to collaborate with the judicial bodies and the Public Prosecutor ' s Office in the criminal prosecution of those crimes.

That, therefore, it is considered necessary that the (UIF) be empowered to act as a complaining party in the proceedings in which crimes under Act No. 25,246 and its amendments are investigated.

That, in due course, by Decree No. 2226 of 23 December 2008, the NATIONAL EXECUTIVE POWER authorized the holder of the (UIF) to act as a complaining party in the proceedings in which the commission of the offences established by Law No. 25,246 and its amendments are investigated in cases that merit it.

That this decision was taken in view of the fact that the National State has a significant institutional interest in meeting the emerging duties of the international commitments made in the matter, such as the "Convention of the United Nations Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances" talVienna, December 19, 1988 nuestro passed by our country through Law No. 24,072, the "International Convention for the Suppression of the Organized Crime".

That in the judicial sphere, the National State, through the (UIF), assumed the role of a complainant in order to give impetus to ongoing investigations not only to prosecute those responsible for crimes but also to promote the confiscation of illegally obtained assets.

That, despite the fact that the recovery of property is a central objective of criminal action, a high number of prosecutions do not investigate the financial aspect of the crime and there are no requests for confiscation. Therefore, an area of complaints was created in the (UIF), specifically aimed at exploiting the powers granted by Decree No. 2226/08 to promote the investigations already judicialized. And both the courts of first instance and those of the High Courts have appointed the IUF to complain in different cases. Until 2010, the (UIF) was only a complaint in a case before the Federal Justice. To date, the agency fulfills this role in CINCO (5) processes for asset laundering and, as required by the judges, collaborates in more than SETENTA (70) criminal proceedings. In some cases, the judiciary has requested the participation of the (UIF) in searches and other procedural proceedings.

That, among the cases in which the (IFU) plays the role of the complaint, it should be mentioned:

-Cause No. 17147/08, "Pallavicino, Jorge Roberto and other s/ Coverage". Federal Criminal and Correctional Court No. 12, Secretariat No. 23. The Federal Chamber admitted the IUF as a complaint on September 24, 2009. The main record investigates a State fraud allegedly committed through the mispayment of almost CINCUENTA PESOS and CUATRO MILLONES ($ 54,000.000), carried out by the MINISTERIO DE ECONOMIA and PUBLIC FINANCES to the group of foreign insurers ACCOLADE POOL. There are firm prosecutions for the underlying crimes;

-Causa 1322/10, caratulada "N.N. s/encubrimiento (art. 278 of the C.P.) ", pending before the National Criminal and Correctional Court No. 5, Section 9. The (UIF) was admitted as a complaining party on 30 April 2010 and its requirement decreed the processing and embargo of assets of an entrepreneur, dated 3 December 2010. There are firm prosecutions in the main file, which investigates the activities of an illicit association that would have illegally sold drugs to different social works, through the DROGUERIA SAN JAVIER and, among others, the MULTIPHARMA and CONGRESO SALUD companies. The organization, which had also attempted to defraud the State by obtaining subsidies brought before the Special Benefits Administration of the MINISTERIO DE SALUD, used an illegal financial system, which motivates the interest of the (UIF) in the case.

-Causa 1324/10, "N.S/discovery (art. 278 of the C.P.) ", underway before the National Criminal and Correctional Court Federal No. 5, Section 9, where, at the request of the (UIF) as a plaintiff, the processing and embargo of property of a defendant was decreed, dated 17 December 2010. The underlying crimes are investigated in the summary detailed in the previous point, referring to the Case 1322/2010.

- Case No. 1335/10, Averiguación infraction art. 278 del C.P., Juzgado Federal de Campana. There are firm prosecutions in the main file, for the underlying crimes. The actions of an organization dedicated to clandestine production and trafficking in chemical precursors are investigated. The (UIF) was admitted as a plaintiff on July 8, 2010, based on the detection of a "financial system with legality", used for the washing of money generated with the marketing of prohibited substances.

- Case No. 1028 "Giacomelli, Adrián Alberto et al., s/inf. Law 25.246", in process before the National Criminal and Correctional Court of Campana, secretariat 2. La (UIF) was admitted as a complaining party on 3/12/2010.

That, on the other hand, the Financial Information Unit resolved to intervene as a criminal in the cases of trafficking in persons, based on the interest in pursuing the route of money produced by human trafficking committed for the purpose of sexual exploitation or other motivations. To that end, the authorities of the Unit met with the head of the Tax Unit for Assistance in Extortive Abductions and Trafficking in Persons (UFASE), and with the head of the Federal Prosecutor ' s Office in Oran, in the province of Salta.

That, in addition, the head of the Financial Information Unit met with the prosecutor-in-charge of the Fiscal Unit for the Coordination and Follow-up of the Causes for Human Rights Violations committed during the State Terrorism, to analyse possible actions involving the sources of financing of persons who are in a fugitive condition, charged with crimes against humanity.

With regard to the evolution of trials, a conviction issued on 15 December 2009 on the basis of law 25,246 and the amended article 278 of the Criminal Code, which punishes the laundering of assets, was signed during 2010. The ruling was handed down by the Oral Court in the Federal Criminal Court No. 2 of Córdoba, which sentenced two men and one woman to consider them responsible for the crime of laundering of assets of criminal origin, imposing on each one the penalty of two years of suspended imprisonment and a fine of 100,000 pesos. The Court ordered the confiscation of property from criminal activity.

That with the same regulations, there was already an alternative penalty in another process and in 2010 other cases were brought to trial by oral courts based in the Autonomous City of Buenos Aires and the province of Corrientes. In the province of Salta and in other jurisdictions, the Prosecutor ' s Office has already prepared or submitted requirements for the lifting of other sums for the offence of asset laundering.

That, currently the (UIF), as the coordinating agency of the Anti-Laundering of Assets and Counter-Terrorism Financing System (ALA/CFT), is carrying out a survey of criminal investigations of crimes within its jurisdiction, which are existing throughout the country.

That, in view of what was stated in the preceding considerations, it was appropriate to observe article 25 of the draft law.

That the proposed measure does not alter the spirit or unity of the Draft Law sanctioned by the HONORABLE CONGRESS OF NATION.

That the NATIONAL EXECUTIVE POWER is empowered to dictate the present pursuant to article 80 of the NATIONAL CONSTITUTION and in accordance with articles 2, 14, 19 and 20 of Act No. 26,122.

Therefore,

THE PRESIDENT OF THE ARGENTINA NATION IN GENERAL AGREEMENT OF MINISTERS

RIGHT:

Article 1 Artículo Note article 25 of the Bill registered under No. 26,683. Art. 2o o With the exception mentioned in the preceding article, please amend, and refer to the National Act as the Bill registered under No. 26,683. Art. 3o o Note the Permanent Bicameral Commission of the HONORABLE CONGRESS OF NATION. Art. 4o — Communicate, publish, give to the NATIONAL DIRECTION OF THE OFFICIAL REGISTRATION and archvese. . KIRCHNER FERNANDEZ. Aníbal D. Fernández. Aníbal F. Randazzo. . Nilda C. Garré. Amado Boudou. Debora A. Giorgi. . Julián A. Domínguez. . Julio M. De Vido. . Julio C. Alak. . Carlos A. Tomada. . Alicia M. Kirchner. . Juan L. Manzur. . Alberto E. Sileoni. . José L. S. Baranao. . Héctor M. Timerman. . Carlos E. Meyer.