Penal Code Modification

Original Language Title: CODIGO PENAL MODIFICACION

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

Law 27304

Amendment.

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

Law:

ARTICLE 1-Substitute Article 41b of the Criminal Code by the following:

Article 41 ter: The criminal scales may be reduced to those of the attempt in respect of the members or authors for any offence of the detailed ones below in this article, when during the substantiation of the process of which they are a part, accurate, verifiable and credible information or data.

The process on which data or information is provided must be linked to any of the following offences:

(a) offences of production, trafficking, transport, sowing, storage and marketing of narcotic drugs, chemical precursors or any other raw material for their production or manufacture provided for in law 23.737 or in the future replace, and the 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 145 (b) of the Criminal Code;

(g) offences committed under the terms of Articles 210 and 210 bis of the Criminal Code;

(h) offences referred to in Chapters VI, VII, VIII, IX, IX a and X of Title XI and Article 174 (5) of the Criminal Code;

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

For the purposes of this benefit, it will be necessary for the data or information provided to contribute to the prevention or prevention of the beginning, the permanence or consummation of a crime; to clarify the fact that is the object of investigation or other related; to reveal the the identity or whereabouts of authors, co-authors, instigators or participants of these investigated or other related facts; provide sufficient data to permit a significant advance of the investigation or the whereabouts of private victims of their freedom; find out the fate of the instruments, goods, effects, products or profits of the crime; or indicate the sources of financing of criminal organizations involved in the commission of the crimes provided for in this article.

Where the offence attributed to the defendant is repressed with imprisonment and/or life imprisonment, the sentence may only be reduced to fifteen (15) years in prison.

The reduction of penalty shall not proceed with respect to the penalties for disablement or fine.

ARTICLE 2 °-Incorporate as Article 276 bis of the Criminal Code the following:

Article 276 a: It shall be repressed with imprisonment of four (4) to ten (10) years and with the loss of the benefit granted which, under the benefit of Article 41b, will mischievously provide false information or inaccurate data.

ARTICLE 3- Opportunity. The agreement with the imputed repentant on the provisions of Article 41b of the Penal Code must be carried out before the order of elevation to judgment, closure of the preparatory investigation or equivalent procedural act.

The information provided shall relate only to the unlawful acts of which it has been involved and to subjects whose criminal responsibility is equal to or greater than that of the repentant.

No cooperation agreements may be concluded by officials who have exercised or are in charge of the process of impeachment in accordance with the provisions of the National Constitution.

The agreements provided for in this law and its benefits will not be applicable in processes in which crimes against humanity are investigated.

ARTICLE 4 °-When the reduction of the criminal scale provided for by Article 441 of the Penal Code appears as probable, it may be considered for the purposes of the release or the exemption from prison, in accordance with the common procedural rules.

ARTICLE 5- Criteria for applying the benefits. In order to grant the benefits provided for in Article 41b of the Criminal Code, the following shall be considered:

(a) the type and extent of the information provided;

(b) the usefulness of the information provided to achieve the intended purposes;

(c) the procedural moment in which the defendant provides the collaboration;

d) The seriousness of the crimes that the accused has contributed to clarify or prevent;

(e) The seriousness of the facts attributed to him and the responsibility incumbent upon him. It will be particularly beneficial for those who repented in the first term.

ARTICLE 6- Acts of collaboration. Registration. The statements that the imputed repented will carry out in the framework of the collaboration agreement must be registered through any suitable technical means to guarantee their subsequent evaluation.

ARTICLE 7- Partnership agreement. Formal requirements. The partnership agreement shall be concluded in writing, and shall clearly and accurately record the following:

(a) the determination of the facts attributed, the degree of participation attributed to the imputed imputed and the evidence in which the imputation is founded;

b) The type of information to be provided by the repentant imputed: name of other co-authors or participants; details of time, mode and location of the facts by which collaboration will be provided; telephones or other data of communication with co-authors or unit-holders; bank accounts or other financial information and identification of companies or other entities used to place, conceal or transfer the illicit funds used or the proceeds of the crime; any other documentation or any other information that will be considered valuable for the advancement of research or clarification of the facts by which the collaboration will be provided;

c) The benefit to be granted by the collaboration provided by the repentant imputed.

ARTICLE 8- Procedure for the partnership agreement. The partnership agreement shall be concluded between the public prosecutor and the persons who provide information in the terms of Article 41b of the Criminal Code and of this Law. In all cases, the repentant imputed will have the assistance of his defender.

ARTICLE 9- Partnership agreement concluded with the prosecutor. Upon conclusion of the agreement between the prosecutor and the repentant imputed, the same shall be submitted for approval before the judge of the case.

ARTICLE 10.- Approval of the partnership agreement. The judge who intervenes in the approval shall approve or reject the agreement presented at a hearing to the effect with the presence of the repentant, his defender and the prosecutor of the case. The judge will listen to the parties and ensure that the repentant imputed has due knowledge of the scope and consequences of the agreement signed.

The judge shall approve the agreement if the repentant imputed had acted voluntarily and the other requirements laid down in the terms of Article 41b of the Criminal Code and this law had been complied with.

The judicial rejection of the agreement will be appealed by both sides. If the approval is finally rejected, the action shall be reserved and the statements made by the repentant imputed shall not be assessed against or against third parties.

ARTICLE 11- Incorporation of the agreement into the process. If accepted, the agreement will be incorporated into the process, and the execution of the benefit will be deferred at the time of the judgment of the judgment of the court of judgment.

ARTICLE 12.- Assessment at the preparatory stage or instruction. The judge must preliminarily assess the agreement reached and the information provided for the purpose of issuing the precautionary measures of the process with respect to the persons involved in the imputed imputed.

ARTICLE 13.- Corroboration. Within a period not exceeding one (1) year, the judge or the prosecutor shall corroborate the fulfilment of the obligations which the repentant imputed would have incurred in the framework of the agreement, in particular the likelihood and usefulness, in whole or in part, of the information that it would have provided.
During that period, the time limits for the limitation of criminal action will be suspended.

ARTICLE 14.- Protection of the repentant imputed. The defendants who collaborate in the framework of this law are reached by the provisions of the National Program for the Protection of Witnesses and Imputados created by Law 25,764 and its amendments.

ARTICLE 15.- Judgment. The court may not issue a conviction based solely on the statements made by the repentant. For the allocation of criminal liability on the basis of these elements, the judicial body must indicate precisely and on the basis of the correlation between these events and the other evidence on which the conviction is based. The materiality of a criminal act cannot be proved solely on the basis of these manifestations.

ARTICLE 16.- Public Prosecutor's Office. The Attorney General's Office must submit to the Bicameral Commission a detailed report on the operation and application of this law in the terms of Article 6 of Law 27.148, which is organic from the Public Prosecutor's Office.

ARTICLE 17. -Article 29b of Law 23.737, Law 25.241 and Article 31 of Law 25.246 are repealed.

ARTICLE 18. -Invite the provinces to adopt the corresponding procedural rules for the purposes of agreeing with the provisions contained in this law.

ARTICLE 19. -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 27304-

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