Penal Code 23737 And 22415-Amendment

Original Language Title: CODIGO PENAL LEYES 23737 Y 22415 - MODIFICACION

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image start infoleg site The Ministry of Justice and Human Rights
CRIMINAL CODE

Law 27302

Amendment.

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

Law:

ARTICLE 1-Substitute Article 5 of Law 23.737 by the following:

Article 5: It shall be repressed with imprisonment of four (4) to fifteen (15) years and fine of forty-five (45) to nine hundred (900) fixed units which without authorization or with illegitimate destination:

(a) Siembre or cultive plants or save seed, precursor chemicals or any other raw material for the production or manufacture of narcotic drugs, or elements intended for such purposes;

(b) Produce, manufacture, extract or prepare narcotic drugs;

(c) trade with narcotic drugs, precursor chemicals or any other raw material for their production or manufacture or for the purposes of placing on the market, or distributing them, or in payment, or storage or transport;

(d) trade with plants or their seed, which may be used for the production of narcotic drugs, or for the purposes of placing on the market, or distributing them, or in payment, or storage or transport;

(e) Entbe, supply, apply or facilitate other narcotic drugs for consideration. If it is free of charge, a prison of three (3) to twelve (12) years and a fine of fifteen (15) to three hundred (300) fixed units shall be applied.

If the facts provided for in the preceding subparagraphs are executed by the person who carries out an activity whose exercise is dependent on an authorisation, licence or entitlement to public authority, special disablement shall be applied to five (5) to fifteen (15) years.

In the case of point (a), where due to the limited quantity sown or cultivated and other circumstances, it is unequivocally stated that it is intended to obtain narcotic drugs for personal consumption, the penalty shall be one (1) month to two (2) years of imprisonment and Articles 17, 18 and 21 shall apply.

In the case of point (e) of this Article, where the supply, supply or facilitation is occasional and free of charge, and because of its limited quantity and other circumstances, it shall be unequivocally disclosed that it is for the personal use of the recipient, the The penalty will be six (6) months to three (3) years in prison and, if appropriate, Articles 17, 18 and 21 apply.

ARTICLE 2-Substitute Article 6 of Law 23.737 by the following:

Article 6: It shall be suspended with imprisonment of four (4) to fifteen (15) years and a fine of forty-five (45) to nine hundred (900) fixed units which would introduce to the country narcotic manufactured or at any stage of its manufacture, precursors chemicals or any other raw materials for their manufacture or production, having made a correct presentation to the Customs and subsequently unlawfully altering their intended use.

In these cases the penalty will be three (3) to twelve (12) years of imprisonment when it is unequivocally raised, for its quantity, that the same will not be destined to be placed on the market inside or outside the national territory.

If the facts are carried out by those who carry out an activity whose exercise depends on authorisation, licensing or enabling the public authority, it shall also apply a special disablement of five (5) to twenty (20) years.

ARTICLE 3-Substitute Article 7 of Law 23.737 by the following:

Article 7: It shall be suspended with imprisonment of eight (8) to twenty (20) years and a fine of ninety (90) to one thousand eight hundred (1,800) fixed units, which shall organise or finance any of the illicit activities referred to in Articles 5 and 6 of this Regulation. law, and Articles 865 (h) and 866 of Law 22,415.

ARTICLE 4-Substitute Article 24 of Law 23.737 by the following:

Article 24: The person who, without authorization or with illegitimate use, enters chemical precursors in the border security zone, will be repressed with imprisonment of one (1) year to six (6) years, fine of fifteen (15) to three hundred (300) fixed units and Special disablement of one (1) to four (4) years. The goods shall also be made available for infringement, without prejudice to any other penalties which may be imposed.

ARTICLE 5-Substitute Article 27 of Law 23.737 by the following:

Article 27: In all cases where the author of a crime provided for in this law commits it as an agent of a legal person and the characteristic required for the author not the present but the legal person, it shall be repressed as if the author I will present this feature.

Where any offence provided for in this law is committed through a legal person, it shall apply to this fine of two hundred and thirty (230) to one thousand eight hundred (1,800) fixed units, without prejudice to the penalties applicable to the authors and members who have acted in their name, representation, interest or benefit. In case of recidivism it will be sanctioned with the cancellation of the legal person.

ARTICLE 6-Substitute Article 30 of Law 23.737 by the following:

Article 30: The judge shall have the destruction by the relevant national authority of the narcotic drugs in breach or the elements intended for it, except that they belong to a third party not responsible or who may be used by the same authority, leaving the use to be attributed to them. The plant species of Papover somniferum L, Erithroxylon coca Lam and Cannabis sativa L will be destroyed by incineration.

In all cases, a skill must be practiced in order to determine its nature, quality and quantity, keeping the necessary samples for the substantiation of the cause or any new expertise, samples that will be destroyed when the process has been definitively concluded.

At the request of the National Register of Precursor Chemicals set out in Article 44, the judge shall provide a sample for the performance of a skill to determine the nature and quantities of the precursors and chemical substances present in the itself. The procedure shall be carried out in accordance with the rules laid down in this respect.

The destruction referred to in the first subparagraph shall be carried out in public within five (5) days after the corresponding period has been carried out and the separation of samples in the presence of the judge or the secretary of the court and of the two (2) witnesses and the competent authorities of the Executive Branch of the respective area shall be invited.

The record of the destruction shall be recorded in the minutes to be added to the case of the case signed by the Judge or Registrar, witnesses and officials present.

In addition, the goods and instruments used for the commission of the offence shall be made out on the same basis, unless they belong to a person outside the event and the circumstances of the case or objective elements prove that he was not entitled to such employment. illicit. The seizure of the economic benefit obtained by the crime will also be carried out.

ARTICLE 7-Substitute Article 44 of Law 23.737 by the following:

Article 44: The national executive branch shall, by decree, draw up and update periodically, by decree, lists of precursors, substances or chemicals which, by virtue of their characteristics or components, may serve as a basis or be used in the production of drugs. The rules shall lay down which type of mixtures containing such chemical substances in their formulation shall be subject to scrutiny. Natural or legal persons who produce, manufacture, prepare, manufacture, repackage, distribute, market for more or less, store, import, export, transport, transborden or perform any other type of transaction, both domestic as an international, with chemicals or chemicals included in the list referred to in the preceding paragraph, must be entered in the National Register of Chemical Precursors.

The same obligation shall apply to natural or legal persons who manufacture, dispose, acquire, import, export or store machines for making capsules, tablets or tablets.

Failure to comply with the obligations laid down in the second and third subparagraphs shall be subject to imprisonment of six (6) months to three (3) years, without prejudice to any other sanctions which may be imposed.

ARTICLE 8 °-Incorporate as Article 44a of Law 23.737 the following:

Article 44a: The one that will distort the data provided to the National Register of Chemical Precursors or omit its presentation, will be repressed with imprisonment of one (1) to six (6) years, and special disablement of two (2) to six (6) years.

ARTICLE 9 °-Incorporate as Article 45 of the Law 23.737 the following:

Article 45: For the purposes of this law, one (1) fixed unit is equivalent in pesos to the value of an (1) registration form for operators in the National Register of Chemical Precursors.

ARTICLE 10. -Replace Article 866 of Law 22,415 by the following:

Article 866: A prison of three (3) to twelve (12) years shall be imposed in any of the cases provided for in Articles 863 and 864 when dealing with narcotic drugs at any stage of their manufacture or chemical precursors.

These penalties shall be increased by one-third of the maximum and in one-half of the minimum where one of the circumstances laid down in Article 865 (a), (b), (c), (d) and (e) is present, or where the drugs are processed or semi-finished or chemical precursors, which by their quantity are unambiguously intended to be placed on the market within or outside the national territory.

ARTICLE 11. -Contact the national executive branch.

GIVEN IN THE SESSION HALL OF THE ARGENTINE CONGRESS, IN BUENOS AIRES, AT THE NINETEENTH DAY OF OCTOBER OF THE YEAR TWO THOUSAND SIXTEEN.

-REGISTERED UNDER NO 27302-

EMILIO MONZO. -JUAN C. MARINO. -Eugenio Inchausti. -Juan P. Tunessi.