CONVENTIONS
Law 27411
Convention on Cybercrime. Approval.
The Senate and Chamber of Deputies of the Argentine Nation, meeting in Congress, etc.
Law:
ARTICLE 1.-Approve the CYBERCRIME CONVENTION of the COUNCIL OF EUROPE, adopted in the City of BUDAPEST, HUNGARY, on 23 November 2001, consisting of FORTY-EIGHT (48) articles whose authentic copy of their translation into Spanish as well as The English language version, as ANNEX I, is part of the present.
ARTICLE 2.-When the instrument of accession is deposited, the following reservations must be made:
a) The Argentine Republic makes reservation of Article 6.1.b. The Convention on Cybercrime and manifests that it will not govern in its jurisdiction to understand that it provides an assumption of anticipation of the penalty through the classification of preparatory acts, alien to its legislative tradition in criminal legal matters.
(b) THE ARGENTINE REPUBLIC RESERVES 9.1.d., 9.2.b. and 9.2.c. of the CYBERCRIME CONVENTION and states that they will not govern in their jurisdiction to understand that they are supposed to be incompatible with the current penal code, according to the reform introduced by Law 26.388.
(c) ARGENTINE REPUBLIC makes partial reservation of Article 9.1.e. The Convention on Cybercrime and manifests that it will not govern in its jurisdiction to understand that it is only applicable according to penal legislation in force to date, when the possession there referred to is committed with unequivocal aims of distribution or marketing (Article 128, second paragraph, of the CRIMINAL CODE).
(d) The ARGENTINE REPUBLIC makes a reservation of Article 22.1.d. The Convention on Cybercrime and manifests that it will not govern in its jurisdiction to understand that its content differs from the rules that govern the definition of national criminal jurisdiction.
e) The ARGENTINE REPUBLIC makes the reservation of article 29.4 of the CYBERCRIME CONVENTION and states that it will not govern in its jurisdiction to understand that the requirement of double criminality is one of the fundamental bases of the Law of COOPERATION INTERNATIONAL CRIMINAL LAW N ° 24,767 for the type of cooperation measures provided for in Article and number of such measures.
ARTICLE 3.-Commune to the national executive branch.
GIVEN IN THE SESSION HALL OF THE ARGENTINE CONGRESS, IN BUENOS AIRES, ON 22 NOV 2017
-REGISTERED UNDER NO 27411-
MARTA G. MICHELETTI. -EMILIO MONZO. -Eugenio Inchausti. -Juan P. Tunessi.
NOTE: The Annex/s that integrates this (a) Law are published in the web edition of the BORA -www.boletinofficial.gob.ar-and can also be consulted in the Central Headquarters of this National Directorate (Suipacha 767-Autonomous City of Buenos Aires).
e. 15/12/2017 N ° 97934/17 v. 15/12/2017
( Note Infoleg: The annexes referred to in this standard have been extracted from the Official Gazette web edition. The same can be found in the following link: Annexes )
