Penal Code And Customs Code Modifications - Full Text Of The Rule

Original Language Title: CODIGO PENAL Y CODIGO ADUANERO MODIFICACIONES - Texto completo de la norma

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CODIGO ENAL Law 25.815 Modification of it. Replace section 1027 of Law 22.415 (Customs Code). Sanctioned: November 5, 2003. Enacted: November 28, 2003.

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

ARTICLE 1 Amend article 23 of the Criminal Code to read as follows:

Article 23: In all cases in which he is convicted of offences under this Code or in special criminal laws, the Code shall decide to forfeiture the things that have served to commit the act and the things or profits that are the proceeds or profits of the crime, in favor of the national State, of the provinces or of the municipalities, except the rights of restitution or compensation of the survivor and of third parties.

If things are dangerous for the common security, the confiscation may be ordered even if it affects third parties, except their right, if they are in good faith, to be compensated.

When the author or the participants have acted as the presidents of someone or as organs, members or administrators of an ideal person of existence, and the proceeds or profits of the offence have benefited the person or the person of ideal existence, the confiscation shall be pronounced against them.

When the proceeds or profits of the offence had benefited a third party on a free basis, the confiscation shall be pronounced against it.

If the confiscated asset has a value of use or culture for any official or public establishment, the respective national, provincial or municipal authority may arrange for its surrender to such entities. If it does not and has commercial value, it will have its disposal. If he had no lawful value, he would destroy it.

In the case of conviction for any of the offences provided for in articles 142 bis or 170 of this Code, the property is to confiscate the piece of furniture or property where the victim is deprived of his liberty. Property confiscated for such offences, as provided for in this article, and the proceeding of fines imposed, shall be affected by programmes of assistance to the victim.

The judge may, from the outset of judicial proceedings, take appropriate precautionary measures to ensure the forfeiture of the property, funds of commerce, deposits, transports, computer, technical and communication elements, and any other property or property rights on which, because of the instruments or effects related to the offences under investigation, confiscation may presumably fall.

The same scope may have the precautionary measures aimed at halting the commission of the crime or its effects, or at preventing the consolidation of its profit or at obstructing the impunity of its participants. In all cases, the rights to restitution or compensation for the survivor and third parties must be saved.

ARTICLE 2 Amend article 277 of the Criminal Code to read as follows:

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.- In the case of subparagraph 1, (c), the preceding sentence shall be one (1) month ' s imprisonment, if, in accordance with the circumstances, the author may suspect that they came from an offence.

3.- The criminal scale will be increased to twice its minimum and maximum, when:

(a) The preceding act was a particularly serious offence, the minimum penalty being 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.

(d) The author is a public official.

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.

4.- 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 3 (b).

Article 3 Amend article 279 (3) of the Criminal Code to read as follows:

(3) Where the author of any of the facts described in article 277, subparagraphs 1 or 3, or article 278, paragraph 1, is a public official who has committed the act in exercise or occasion of his or her functions, he or she shall also suffer a 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.

ARTICLE 4 Replace article 1027 of Law 22,415 (Customs Code) with the following:

Article 1027

1.- In cases to be handled at the judicial headquarters, it shall be appropriate to hear and decide in an original manner to the national courts in economic criminal matters and to the federal courts of the interior of the country, within their respective territorial competences.

2.- In addition to the territory of the Federal Capital, the following parties in the province of Buenos Aires: Almirante Brown, Avellaneda, Esteban Echeverría, Ezeiza, Florencio Varela, General Rodríguez, General San Martín, Hurlingham, Ituzaingó, José C. Paz, La Matanza, Lanús, Zamora Moreno Argentina

ARTICLE 5o Contact the national executive branch.

IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, THE NOVEMBER CINCO, 2003.

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EDUARDO O. CHANGE. . JOSE L. GIOJA. . Eduardo D. Rollano. . Juan Estrada.

ERRATA FEE S

Act No. 25,815

In the edition of 1 December 2003, in which the Act was published, the following error was slipped in the heading:

DONDE DICE: Enacted: November 2003 I should say: Enacted: November 28, 2003