CODIGO ENAL Law 25.246 Modification. Coverage and Washing of Assets of criminal origin. Financial Information Unit. Must report. Subjects forced. Administrative criminal system. Public Prosecutor's Office. Article 25 of Act No. 23,737 (ordered text).

Sanctioned: April 13, 2000.

Promulgated: May 5, 2000.

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

CHAPTER I

Amendment to the Criminal Code

ARTICLE 1 Replace the section of Chapter XIII, Title XI of the Criminal Code, which shall be renamed as follows: "Chapter XIII: Coverage and Washing of Assets of Criminal Origin." ARTICLE 2 Replace article 277 of the Criminal Code with the following:

Article 277 (1) He shall be repressed with imprisonment of six (6) months to three (3) years, after the commission of an offence executed by another, in which he had not participated:

(a) Help someone to circumvent the investigations of the authority or to subtract to the action of the authority.

(b) It conceals, alters or makes the traces, evidences or instruments of the crime disappear, or helps the author or participates in hiding, altering or making them disappear.

(c) It acquires, receives or conceals money, things or effects from a crime.

(d) It shall not denounce the perpetration of an offence or shall not identify the perpetrator or participant of an offence already known, when he is obliged to promote criminal prosecution of such an offence.

(e) Ensure or assist the author or participate in ensuring the proceeds or profits of the crime.

(2) The criminal scale will be increased to twice its minimum and maximum, when:

(a) The preceding act was a particularly serious offence, such as the minimum penalty of which was more than three (3) years ' imprisonment.

(b) The author will act for profit.

(c) The author is regularly engaged in the commission of cover-up events.

The aggravation of the criminal scale provided for in this subparagraph will only operate once, even if more than one of its qualifying circumstances occurs. In this case, the court may take into account the plurality of cases by individualizing the penalty.

(3) Those who have worked for the spouse are exempt from criminal responsibility, from a relative whose bond does not exceed the fourth degree of consanguinity or second degree of affinity or from an intimate friend or person to whom special gratitude is given. The waiver does not apply to cases in subparagraph 1 (e) and 2 (b).

Article 3 Replace article 278 of the Criminal Code with the following:

Article 278: (1) (a) It shall be repressed with imprisonment of two to ten years and a fine of two to ten times of the amount of the operation which converts, transfers, administers, sells, gravare or otherwise applies in any other way money or other kind of property from a crime in which it has not participated, with the possible consequence that the original goods or subrogants acquire the appearance of a lawful origin and whenever its value exceeds fifty thousand

(b) The minimum of the criminal scale shall be five (5) years ' imprisonment, when the author habitually performs the act or as a member of an association or band formed for the continued commission of such acts;

(c) If the value of the property does not exceed the amount specified in this subparagraph, letter a, the author shall be repressed, if any, in accordance with the rules of article 277;

(2) The one who by grave fear or imprudence commits any of the facts described in the preceding paragraph, first sentence, shall be repressed with a fine of twenty percent (20%) to one hundred and fifty percent (150%) of the value of the goods subject to the crime;

(3) Anyone who receives money or other property of criminal origin, in order to make them apply in an operation that gives them the possible appearance of a lawful origin, shall be repressed in accordance with the rules of Article 277;

(4) The objects referred to in the offence of subparagraphs 1, 2 or 3 of this article may be confiscated.

ARTICLE 4 Replace article 279 of the Criminal Code with the following:

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 preceding offence is not threatened with a custodial penalty, it shall apply to its cover-up fine of one thousand pesos ($ 1,000) to twenty thousand pesos ($ 20,000) or the criminal scale of the preceding offence if it were less. The concealment of such an offence shall not be punishable, when committed for imprudence, within the meaning of article 278, paragraph 2;

3. Where the author of any of the facts described in article 277, subparagraphs 1 or 2, or article 278, paragraph 1, is a public official who has committed the act in exercise or occasion of his functions, he shall also suffer special disqualification from three (3) to ten (10) years. The same penalty shall be the one who acted in the exercise or occasion of a profession or trade requiring special empowerment. In the case of article 278, paragraph 2, the penalty shall be one (1) to five (5) years of disqualification;

4. The provisions of this Chapter shall govern even if the preceding offence had been committed outside the special scope of this Code, while the preceding act had also been threatened with punishment at the place of its commission.

CHAPTER II

Financial Information Unit

ARTICLE 5o The Financial Information Unit (UIF), which will operate with a functional autarchy within the jurisdiction of the Ministry of Justice and Human Rights of the Nation, shall be governed by the provisions of this Act. ARTICLE 6 The Financial Information Unit will be responsible for the analysis, treatment and transmission of information to prevent and prevent the laundering of assets from:

(a) Offences related to illicit drug trafficking and marketing (Law 23,737);

(b) Arms smuggling offences (Act 22,415);

(c) Offences related to the activities of an illicit association qualified under article 210 bis of the Criminal Code;

(d) Unlawful acts committed by unlawful associations (article 210 of the Criminal Code) organized to commit crimes for political or racial purposes;

(e) Offences of fraud against the Public Service (article 174, paragraph 5, of the Criminal Code);

(f) Offences against the Public Administration under 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.

ARTICLE 7 The Financial Information Unit will have its domicile in the Capital of the Republic and may establish regional agencies in the rest of the country. ARTICLE 8 The Financial Information Unit will consist of eleven (11) members, according to the following guidelines:

(a) An official from the Central Bank of the Argentine Republic;

(b) A staff member of the Federal Public Income Administration;

(c) An official of the National Securities Commission;

(d) An expert on topics related to the laundering of assets of the Secretariat for Drug Prevention and the Fight against Drug Trafficking of the Presidency of the Nation;

(e) An official from the Ministry of Justice and Human Rights of the Nation;

(f) An official from the Ministry of Economy of the Nation;

(g) Five (5) financial experts, criminalists, criminologists or other professionals concerned with the object of this law.

Officials referred to in subparagraphs (a), (b), (c), (d), (e) and (f) shall be selected by internal competitive examination of the respective agency, the result of which shall be raised to the National Executive Branch, as a binding proposal, for the purpose of the designation.

The experts mentioned in subparagraph (g) shall be selected through public opposition contest and background by an ad-hoc commission, which shall be composed as follows:

1. Two members of the Magistracy Council, elected by their peers, with a two-thirds majority;

2. Two officials of the Public Prosecutor ' s Office, elected by the Procurator-General of the Nation;

3. A member of the Central Bank Board, elected by his peers, with a two-thirds majority;

4. A member appointed by the Ministry of Justice and Human Rights;

5. A member designated by the National Securities Commission;

6. A member appointed by the Ministry of Economy.

Given the public examination of background and opposition, the result of the competition must be raised to the national executive branch, as a binding proposal, for the purposes of the corresponding designation.

Article 9 The selection of such experts shall be in accordance with the following:

(a) The applicants will be selected through public opposition contest and background. The ad-hoc Commission shall convene a competitive examination, with the dates of examinations and general conditions issued for five days in the Official Gazette, two national newspapers and one daily newspaper in each province;

(b) Evaluation criteria and mechanisms will be determined, and the background to be computable;

(c) The names of those who pass the examinations that will evaluate both theoretical and practical training will be published for five days in the same media as specified in subparagraph (a), remaining for the term of sixty days after the last publication, subject to the challenges that any citizen, group of citizens, intermediate entities or legal person may make to him.

The ad-hoc commission must envisage in its rules of examinations the rules governing the contests.

ARTICLE 10. The members of the Financial Information Unit shall have full commitment to their tasks, with the incompatibility and/or obligations set by law for public officials, not being able to exercise during the two years after their decoupling of the Financial Information Unit the activities required by the regulation in each case or not to have any interest in them.

It will last four years in office, which can be renewed indefinitely and shall receive a remuneration equivalent to that of a Magistrate.

They may be removed from their positions when they incur incorrect performance of their functions, grave negligence, for the commission of crimes of any kind or for physical or moral inability to be incorporated. The removal proceedings shall be carried out by the Court of Prosecution established by this Act.

The Tribunal shall consist of three members, former judges of the National Criminal and Correctional Appeals Chamber, appointed by the Ministry of Justice and Human Rights. The intervention as a member of the Tribunal will constitute a public burden.

The procedure before the Tribunal shall be carried out in accordance with the regulations that must respect due adjective legal process and defence in trial.

ARTICLE 11. To be a member of the Financial Information Unit, it will be required:

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

2. Having technical and professional backgrounds in the field;

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.

ARTICLE 12. The Financial Information Unit will be supported by liaison officers appointed by the headlines of the Ministry of Justice and Human Rights and Foreign Affairs, International Trade and Worship, the Drug Prevention and Drug Control Programme Secretariat, the Central Bank of the Argentine Republic, the Federal Public Income Administration, the General Inspectorate of Justice, the Public Registry of Commerce or similar entity of the Provinces, the National Securities Commission and the Superintendency of National Insurance.

The Financial Information Unit may request other heads of agencies of the National or Provincial Public Service to appoint liaison officers when it deems appropriate.

The role of these liaison officers will be the consultation and coordination of activities of the Financial Information Unit with those of the origin agencies to which they belong.

ARTICLE 13. It is the responsibility of the Financial Information Unit:

1. Receiving, requesting and filing the information referred to in article 21 of this Act;

2. To establish and direct the analysis of acts, activities and operations that under this law may establish the legitimation of assets derived from the illicits provided for in Article 6 of this Law and, where appropriate, to place the elements of conviction obtained at the disposal of the Public Prosecutor ' s Office for the exercise of the relevant actions;

3. Collaborate with the judicial bodies and the Public Prosecutor ' s Office (for the exercise of the relevant actions) in criminal prosecution of the offences repressed by this law;

4. Dictate its internal rules of procedure for which the vote of two thirds of the total membership shall be required.

ARTICLE 14. The Financial Information Unit will 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 cases where the Financial Information Unit is opposed to provisions establishing the secrecy of the requested information, it may require in each case the competent judge of the place where the information or domicile of the Financial Information Unit should be provided on an option basis;

2. Receive voluntary statements;

3. To require the cooperation of all State information services, which are required to provide it under articles 398 and 399 of the National Civil and Commercial Procedure Code;

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, for the period determined by the latter, 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 from any of the offences provided for in article 6 of this Act. 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 arbitrate all necessary legal means to obtain information from any source or source;

7. To provide for the implementation of internal control systems for persons referred to in article 20, in cases and modalities determined by the regulation;

8. Apply the penalties provided for in Chapter IV of this Law, and due process must be ensured;

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

10. Issue directives and instructions to be enforced and implemented by subjects bound by this law, after consultation with specific control agencies.

ARTICLE 15. The Financial Information Unit shall be subject to the following obligations:

1. To present an annual surrender to the Honorable Congress of the Nation.

2. Compare to the commissions of the Honorable Congress of the Nation as often as they require it and issue the reports, opinions and advice that they request.

3. Conform the Unique Information Registry with the databases of the agencies required to supply them and with the information they receive for their activity.

ARTICLE 16. The Financial Information Unit will meet in plenary meetings at least four times a month in the form of internal regulation. The quorum for session shall be six members and shall take decisions by an absolute majority of the members present, unless this law requires a special majority. ARTICLE 17. The Financial Information Unit will receive information, keeping secret the identity of those required to report. The secret of his identity shall cease when a complaint is made to the Public Prosecutor ' s Office.

Subjects of law other than the public sector and not covered by the obligation to report under article 20 of this Act may file complaints with the Financial Information Unit.

ARTICLE 18. The fulfilment, in good faith, of the obligation to report shall not generate civil, commercial, labour, criminal, administrative or other liability. ARTICLE 19. Where the information provided or the analysis carried out by the Financial Information Unit, sufficient evidence arises to suspect that one of the offences provided for in this Act has been committed, it shall be immediately communicated to the Public Prosecutor ' s Office for criminal prosecution.

CHAPTER III

Must report. Subjects required

ARTICLE 20. They are obliged to report to the Financial Information Unit under article 21 of this Act:

1. Financial entities subject to the law and regulation 21.526; and pension and pension fund administrators;

2. Entities subject to the law of 18,924 and modifications and individuals or legal entities authorized by the Central Bank to operate in the sale of currencies in the form of money or extended cheques in 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 trade bags with or without affiliated markets;

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

6. Public Registers of Commerce, representative bodies for the Control and Control of Legal Persons, Registers of Property, Automation Registers and Prendary 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 jewelry or goods with metals or precious stones;

8. Insurance companies;

9. Companies issuing traveller cheques or operators of credit or purchase cards;

10. Companies dedicated to the transport of flows;

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

12. The Public Writers;

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

14. Individuals or legal entities registered in the registers established by article 23 (t) of the Customs Code (Act 22.415 and amendments).

15. Public Administration agencies and decentralised 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 Public Income Administration, the Superintendence of National Insurance, the National Securities Commission and the General Inspectorate

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 the Economic Science Professional Councils, except when they act in defence in trial;

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

It shall not be applicable and may not be invoked by the persons obliged to report by this law the legal provisions relating to bank, fiscal or professional secrecy, or the confidentiality commitments established by law or contract when the information requirement is formulated by the competent judge of the place where the information must be supplied or of the domicile of the Financial Information Unit at its option, or by any competent court on the basis of this law.

ARTICLE 21. Persons referred to in the preceding article shall be subject to the following obligations:

a. To collect from your customers, applicants or contributors, documents that prove your identity, legal person, domicile and other data that in each case is stipulated, to perform any type of activity of which they are intended. However, this obligation may be ignored when the amounts are below the minimum established by the respective circular.

Where customers, applicants or contributors act on behalf of third parties, the necessary precautions should be taken to identify the identity of the person by those acting.

All information shall be archived for the term and according to the forms established by the Financial Information Unit;

b. Report any suspicious fact or operation regardless of the amount of it. For the purposes of this Act, suspicious transactions are considered that, in accordance with the customs and customs of the activity concerned, as well as the experience and suitability of persons obliged to report, are unusual, without economic or legal justification or undue or unjustified complexity, are carried out in isolation or repeated form.

The Financial Information Unit shall establish, through objective guidelines, the modalities, opportunities and limits of the fulfilment of this obligation for each category of obligation and type of activity;

c. Refrain from revealing to the client or to third parties the proceedings being carried out in compliance with this law.

ARTICLE 22. Officials and employees of the Financial Information Unit are obliged to keep secret of the information received on the basis of their position, as well as of the intelligence tasks carried out accordingly. The same duty to keep secret governs persons and entities required by this law to provide data to the Financial Information Unit.

The official or employee of the Financial Information Unit, as well as the persons who, by themselves or by another, disclose secret information outside the scope of the Financial Information Unit, shall be repressed with imprisonment of six months to three years.

CHAPTER IV

Administrative criminal procedure

ARTICLE 23.

1. It shall be punished by a fine of two (2) to 10 (ten) times the value of the property subject to the offence, the legal person whose organ or executor has applied property of criminal origin with the possible consequence of attributing to them the appearance of a lawful origin, within the meaning of article 278, inc. (1) of the Criminal Code. The offence shall be deemed to be set up when the value limit established by that provision has been exceeded, even if the various particular facts, interlinked, which together exceeded that limit would have been committed by different individuals, without prior agreement between them, and for that reason could not be subject to criminal prosecution;

2. Where the same act had been committed by serious fear or imprudence of the organ or executor of a legal person or by various organs or enforcers thereof within the meaning of article 278, inc. (2) of the Criminal Code, the fine to the legal person shall be twenty percent (20%) to sixty percent (60%) of the value of the goods subject to the crime;

3. Where the organ or enforcer of a legal person has committed in this character the offence referred to in article 22 of this law, the legal person shall suffer a fine of ten thousand pesos ($ 10,000) to one hundred thousand pesos ($ 100,000).

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 information obligations to the Financial Information Unit established by this Act shall be punished by a fine of one to ten 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 be suffered by 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).

ARTICLE 25. The resolutions of the Financial Information Unit provided for in this chapter shall be appealed to the courts in the administrative dispute, with the relevant provisions of Act No. 19,549 of Administrative Procedures. ARTICLE 26. The relations between the decision of the criminal case and the procedure of the administrative process to which the offences provided for in this law are governed by articles 1101 et seq. and 3982 bis of the Civil Code, by "civil action", the "penal administrative action". ARTICLE 27. For the operation of the Financial Information Unit, the corresponding budgetary provision should be made.

In all cases, the proceeds of the sale or administration of the goods or instruments derived from the offences provided for in this Act 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, the programmes provided for in the Article. 39 of Act No. 23,737 and amended Act No. 24,424 on 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.

CHAPTER V

The Public Prosecutor ' s Office

ARTICLE 28. Where federal or national competition is appropriate the Attorney General appointed by the Procuración General de la Nación shall receive complaints concerning the possible commission of the offences of public action provided for in this law for its treatment in accordance with the procedural laws and regulations of the Public Prosecution Servicel; in the remaining cases, the officials of the appropriate Prosecutor ' s Office shall act equally.

Members of the Public Prosecutor ' s Office shall investigate the activities reported or require the relevant jurisdictional activity in accordance with the provisions of the Code of Criminal Procedure and the Organic Law of the Public Prosecutor ' s Officeor, in its case, that of the respective province.

ARTICLE 29. ). Defrost article 25 of Law 23.737 (ordered text).

ARTICLE 30. . Contact the executive branch. IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, TO THE TRECE DAYS OF THE APRIL YEAR.

# 25,246 EL

JUAN PABLO CAFIERO. _ . Mario L. Pontaquarto.

NOTE: The bold texts were observed. Decree 370/2000

Bs. As., 5/5/2000

VISTO Draft Law No. 25,246, sanctioned by the HONORABLE CONGRESS OF NATION on April 13, and

CONSIDERING:

It is considered appropriate to observe article 278 (2) of the Criminal Code, replaced by article 3 of the Draft Law.

That in criminal matters the general rule is the punishment of conduct of a doloss nature, to which, on the other hand, forms of guilty commission are added, depending on the need to properly protect the legal assets concerned.

That the conduct incriminated in article 278 (a) of the Criminal Code appears to be sufficient to protect the interests at stake.

That the extreme complexity that can be assumed by the different operations that constitute the basis of the punishable behaviors makes the application of a culposal offence extremely difficult, since in the case of a type of the so-called "open" it requires the determination by the judge of the precise and concrete duty of care subject to rape, in order to assert the culposal responsibility.

For this reason, the different model regulations and the laws that exhibit greater development of the subject, in general, only contemplate the dolosa type. As for the former, the "model regulation of the Group of Experts on Money Laundering of the Inter-American Commission on Drug Abuse Control (CICAD) of the Organization of American States (AMERICAN States) and the "forty recommendations elaborated by the Financial Action Group" should be included. With regard to the legislation of the countries of the region, it should be noted that, with the exception of the REPUBLIC OF PARAGUAY, that is the modality adopted by the FEDERAL REPUBLIC OF BRAZIL, the CHILE REPUBLIC, the ORIENTAL REPUBLIC OF URUGUAY and the BOLIVIA REPUBLIC.

That the reasons set out above as the basis for the observation do not appear to apply to article 23 (2) of the Bill, even though it also alludes to the fact committed by fear or serious recklessness. This is because of an administrative criminal regime applicable to legal persons, which seems appropriate to achieve the purpose pursued by the rule.

That article 10 of the Bill in its second paragraph provides that the members of the Financial Information Unit shall last four years in office and "a remuneration equal to that of a Magistrate of First Instance".

That reasons of opportunity, merit and convenience advise to observe this last reference, leaving the regulatory authority of the NATIONAL EXECUTIVE PODER to set the relevant remuneration scale.

Moreover, the fourth paragraph of article 10 provides that the Court of Prosecution, which shall be responsible for the procedure for the removal of members of the Financial Information Unit, shall consist of three (3) ex-judge members of the NATIONAL CAMARA OF APPELATIONS IN LO CRIMINAL AND CORRECCIONAL.

That the nature of the cases of removal are not strictly criminal, so it is not understandable to limit the origin of the Magistrates to a single Fuero, since it would not be in any way in the designation of former Federal Civil or Administrative Magistrates, etc.

Article 12 of the Bill provides that the Financial Information Unit shall be supported by liaison officers designated, among other holders, by those of the Ministry of Justice and Human Rights and the General INSPECTION OF JUSTICE.

That the unit mentioned in the last term is an agency belonging to the Ministry of Justice and Human Rights and does not have the character of a decentralized entity, it is not appropriate for the incumbent to appoint a liaison officer.

That article 28 of the Draft Law, referring to the powers of the PUBLICO FISCAL MINISTERY, states: "When it corresponds to the federal or national jurisdiction" the Attorney General appointed by the General PROCURATION OF THE NATION shall receive a complaint about the possible commission of a crime of public action, adding that "in the remaining cases the officials of the corresponding Prosecutor's Ministry shall act in the same way".

Moreover, in the last paragraph of the above-mentioned article, referring to the procedural rules to be applied in the circumstances provided, it states that it shall be acted in accordance with the provisions of the Code of Criminal Procedure of the Nation and the provisions of the Organic Law of the Public Prosecutor's Office, "or, as appropriate, that of the respective province".

That the SUBSTANTIVE COURT of NATIONAL JUSTICE has repeatedly maintained that the CONGRESS OF NATIONAL cannot undermine the constitutional power that the provinces have to legislate on procedures for being an attribution, which in principle is reserved to them by articles 75, paragraph 12 and 121 of the NATIONAL CONSTITUTION.

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

That the NATIONAL EXECUTIVE PODER has competence for the dictation of the present pursuant to article 80 of the NATIONAL CONSTITUTION.

Therefore,

THE PRESIDENT OF THE ARGENTINA NATION IN GENERAL AGREEMENT OF MINISTERS

RIGHT:

Article 1 . Note article 278 (2) of the Criminal Code, replaced by article 3 of the Bill registered under article 25,246. Art. 2o Note in article 279, paragraph 2, of the Criminal Code, replaced by article 4 of the Draft Law registered under article 25,246, the phrase that reads: "The cover-up of such an offence shall not be punishable when committed for imprudence, within the meaning of article 278, paragraph 2". Art. 3o Note in Article 279, paragraph 3, of the Criminal Code, replaced by Article 4 of the Bill registered under Article 25,246, the phrase that reads: "In the case of Article 278, paragraph 2, the penalty shall be one (1) to five (5) years of disqualification." Art. 4o Note in the second paragraph of Article 10 of the Bill registered under No. 25,246, the phrase "and shall receive a remuneration equivalent to that of a Magistrate's Judge." Art. 5o Note, in the fourth paragraph of Article 10 of the Bill registered under No. 25,246, the phrase "of the National Criminal and Correctional Appeals Chamber". Art. 6th Note, in article 12 of the Bill registered under No. 25,246, the phrase "the General Inspectorate of Justice". Art. 7o Note in article 23, paragraph 2, of the Bill registered under article 25,246 the phrase "in the meaning of article 278, inc. 2) of the Criminal Code". Art. 8o Note, in article 28 of the Bill registered under No. 25,246, the phrases: "When the federal or national competition is appropriate"; "In the remaining cases, the officials of the corresponding Ministry of Public Prosecutions shall likewise act" and ", or in their case, that of the respective province". Art. 9th With the salvedades set out in the preceding articles, please fill in, promute and tengase by National Law the Bill registered under No. 25.246 Art. 10. Note the HONORABLE CONGRESS OF NATION. Art. 11. Contact, post, give to the National Directorate of the Official Register and archvese. . OF THE RUA. Rodolfo H. Terragno. . Federico T. M. Storani. Adalberto Rodríguez Giavarini. . Ricardo R. Gil Lavedra. . Juan J. Llach. . Rosa Graciela C. de Fernández Meijide. . Nicolás V. Gallo. . Héctor J. Lombardo. . Ricardo R. López Murphy. . Mario A. Flamarique. . José L. Machinea. NOTE: This Law No. 25.246 is reissued, since in the edition of Wednesday, May 10, 2000, due to a technical error in the graphic printing, the text of column 1 - page 2 was reproduced in incomplete form.