Complex Crimes Investigation, Prevention And Control Of Complex Offences-Tools-Powers

Original Language Title: DELITOS COMPLEJOS INVESTIGACION, PREVENCION Y LUCHA DE LOS DELITOS COMPLEJOS - HERRAMIENTAS - FACULTADES

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image start infoleg site The Ministry of Justice and Human Rights
COMPLEX OFFENCES

Law 27319

Research, Prevention and Fight of Complex Crimes. Tools. Faculties.

The Senate and Chamber of Deputies of the Argentine Nation, meeting in Congress, etc.

Law:

Article 1-This law is intended to provide the police and security forces, the Public Prosecutor's Office and the Judicial Branch with the tools and powers necessary to be applied to the investigation, prevention and control of the complex crimes, regulating the figures of the undercover agent, the revealing agent, the informant, the supervised delivery and the extension of jurisdiction.

Its implementation should be governed by principles of necessity, reasonableness and proportionality.

This law is of public order and complementary to the provisions of the Criminal Code of the Nation.

ARTICLE 2-The following special research techniques will be obtained in the following cases:

(a) offences of production, trafficking, transport, sowing, storage and marketing of narcotic drugs, chemical precursors or raw materials for their production or manufacture provided for in law 23.737 or in the future replacing it; and organisation and financing of such offences;

(b) the offences referred to in Section XII, Title I of the Customs Code;

(c) all cases in which Article 4d of the Criminal Code applies;

(d) offences referred to in Articles 125, 125a, 126, 127 and 128 of the Criminal Code;

(e) offences referred to in Articles 1414a, 1414b and 170 of the Criminal Code;

(f) offences provided for in Articles 145 a and b of the Criminal Code;

(g) offences committed by unlawful associations in the terms of Articles 210 and 210 bis of the Criminal Code;

(h) Offences provided for in the second book, Title XIII of the Criminal Code.

Undercover agent

ARTICLE 3-It shall be considered as a covert agent for any official of the authorized security forces, highly qualified, who gives their consent and concealing their identity, infiltrates or enters criminal organizations or criminal associations, in order to identify or detain authors, participants or concealers, to prevent the consummation of a crime, or to gather information and evidence necessary for the investigation, with judicial authorization.

Article 4-Disposal of the action by the judge, either on his own initiative or at the request of the Public Prosecutor's Office, his appointment and the necessary instruments for his protection will be carried out by the Ministry of Security of the Nation, with judicial control. The Ministry of Security shall be responsible for the selection and training of personnel to perform such functions. The members of the designated security or police forces shall not have a criminal record.

Revealing agent

ARTICLE 5-It shall be considered as a revealing agent for any agent of the security or police forces designated to simulate interest and/or to carry out the transport, purchase or consumption, for himself or for third parties of money, goods, persons, services, weapons, narcotic drugs or psychotropic substances, or engaging in any other activity of a criminal group, with the aim of identifying persons involved in a crime, detaining them, seizing property, releasing victims or to collect evidentiary material to serve for the clarification of the illegal facts. In this sense, the action of the revealing agent is neither continuous execution nor perpetuated in time, therefore, it is not intended to infiltrate the criminal organizations as part of them.

Article 6-The judge, either on his own initiative or at the request of the Public Prosecutor's Office, may provide that law enforcement and security forces officers carry out the necessary tasks in order to disclose any of the conduct provided for in the case. act, acting as revealing agents.

To this end he shall be responsible for the designation of the revealing agent and the instrumentation necessary for his performance.

Common regulations

Article 7-The information that the undercover agent and the revealing agent will achieve, will be immediately brought to the attention of the judge and the representative of the Public Prosecutor's Office in the form that will be more convenient for enable them to fulfil their task and avoid the disclosure of their function and identity.

ARTICLE 8-The undercover agent and the revealing agent will be called to the trial only when their testimony will be absolutely essential. Where the declaration is a risk to its integrity or to other persons, or when it frustrates a subsequent intervention, the necessary technical resources shall be used to prevent the declarant from being identified by his or her voice or face. The statement provided in these conditions shall not constitute evidence of the defendant's conviction, and shall be assessed with special caution by the intervener.

ARTICLE 9-The undercover agent or the revealing agent who, as a necessary consequence of the conduct of the performance entrusted, would not be punishable, would have been compelled to incur a crime, provided that it does not involve putting in a certain danger the life or mental or physical integrity of a person or the imposition of serious physical or moral suffering on another person.

ARTICLE 10. -When the undercover agent or the revealing agent has been charged in a process, they shall make confidential their character to the intervener, who shall, in a reserved manner, collect the relevant information from the appropriate authority. If the case corresponds to the provisions of the previous article, the judge shall resolve the case without revealing the true identity of the defendant.

ARTICLE 11. -No member of the security or police force may be required to act as an undercover agent or as a revealing agent. The refusal to do so will not be held as an unfavourable antecedent for any effect.

ARTICLE 12. -When the safety of the person who has acted as an undercover agent or revealing agent has been endangered because his or her true identity has been developed, the latter shall have the right to choose between remaining active or going to retirement, whichever is the same of service I had. In the latter case you will be recognized as having a retirement equal to the one with whom you have two (2) degrees of higher scale for which you fulfill your function.

Appropriate protective measures must be taken, if necessary, with the scope of the legislation applicable to the protection of witnesses and accused persons.

The adoption of the provisions contained in this law must be subject to a review of reasonableness, with restrictive criteria, in which the judge must assess the impossibility of using a more suitable measure to clarify the facts. which motivate the investigation or whereabouts of the authors, participants or concealers.

Informant

ARTICLE 13. -the person who, under the reserve of identity, in exchange for an economic benefit, will provide the security forces, police or other agencies responsible for the investigation of illegal facts, data, reports, testimonials, documentation or any other relevant and useful elements or references that enable the investigation to be initiated or guided for the detection of individuals or organizations engaged in planning, preparation, commission, support or financing of the offences referred to in this Law.

ARTICLE 14. -The informant will not be considered an agent of the State. He must be notified that he will collaborate in the investigation on that character and will be assured that his identity will be maintained in strict reserve.

The Ministry of Security of the Nation will dictate the necessary provisions in order to regulate the issues relating to the origin and form of economic consideration.

The information provided by the informant shall not be admissible if the informant violates the prohibition on reporting established in Article 178 of the Code of Criminal Procedure of the Nation.

Appropriate protective measures must be taken to safeguard the life and physical integrity of the informant and his family if necessary.

Supervised delivery

ARTICLE 15. -The judge, on his own initiative or at the request of the Public Prosecutor's Office, in a unilateral hearing, may authorize the postponement of the detention of persons or the kidnapping of property when he considers that the immediate execution of such measures may compromise the success of the investigation.

The judge may even suspend the interception on Argentine territory of an illicit consignment and allow them to enter, circulate or leave the national territory, without interference from the competent authority and under its control and surveillance, with the aim of identify the members, gather information and elements of conviction necessary for the investigation as long as they have the assurance that they will be monitored by the judicial authorities of the country of destination. This measure must be made available by a well-founded resolution.

ARTICLE 16. -The judge may arrange at any time, the suspension of the supervised delivery and order the arrest of the members and the abduction of the elements related to the crime, if the measures put in danger the life or integrity of the persons or the subsequent apprehension of the members of the offence, without prejudice to the fact that, if that danger arises during the proceedings, the public servants responsible for the supervised delivery apply the rules of detention established for the case of Flagrancy.

Sanctions

ARTICLE 17. -The official or public employee who improperly reveals the real or new identity of an undercover agent, a revealing agent or an informant, if he does not configure a more severely penalized conduct, will be repressed with imprisonment of four (4) to eight (8) years, fine equivalent in pesos to the value of six (6) fixed units to eighty-five (85) fixed units and absolute non-life imprisonment.

The official or public employee who, by way of recklessness, negligence or non-compliance with the duties under his or her duties, may or may not be allowed to know such information, shall be punished with one (1) to three (3) years ' imprisonment, a fine equivalent to weights to the value of four (4) fixed units at sixty (60) fixed units and special disablement of three (3) to ten (10) years.

For the purposes of this law, one (1) fixed unit is equivalent to one (1) minimum, vital and mobile salary updated at the time of the judgment.

Extension of jurisdiction

ARTICLE 18. -where the life of the victim or his or her mental or physical integrity or the delay in the proceedings is liable to compromise the success of the investigation, the judge and the prosecutor of the case may act in the territory of another jurisdiction, ordering the prevention authorities to take the necessary steps to ensure that the measures are communicated to the judge within a period not longer than 24 hours.

Final provisions

ARTICLE 19. -Defeat Articles 31a, 31b, 31c, 31d, 31e, 33 and 33a of the law 23.737.

ARTICLE 20. -Contact the national executive branch.

GIVEN IN THE SESSION HALL OF THE ARGENTINE CONGRESS, IN BUENOS AIRES, ON THE TWO DAYS OF NOVEMBER OF THE YEAR TWO THOUSAND SIXTEEN.

-REGISTERED UNDER NO 27319-

EMILIO MONZO. -FEDERICO PINEDO. -Eugenio Inchausti. -Juan P. Tunessi.