Criminal Code, Criminal Procedure Code And Law No. 26.364. Modifications.

Original Language Title: Código Penal, Código Procesal Penal y Ley Nº 26.364. Modificaciones.

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PREVENTION AND PUNISHMENT OF TRAFFICKING IN PERSONS AND ASSISTANCE TO THEIR VICTIMS

Law 26,842

Penal Code, Penal Code and Law No. 26,364. Amendments. Sanctioned: December 19, 2012 Enacted: December 26, 2012

The Senate and Chamber of Deputies of the Argentine Nation, meeting in Congress, etc., are sanctioned by law:

ARTICLE 1-Substitute Article 2 of Law 26.364 by the following:

Article 2: It is understood as a matter of persons the offer, the collection, the transfer, the reception or reception of persons for the purpose of exploitation, either within the national territory, as from or to other countries. The purpose of this law is to exploit the configuration of any of the following cases, without prejudice to the fact that they constitute autonomous crimes with respect to the crime of human trafficking: (a) Where a person is reduced or kept in a condition of slavery or servitude, in any form; (b) When a person is forced to perform forced labour or services; (c) Where the person is promoted, provided or placed on the market (d) Where child pornography is promoted, facilitated or marketed, or any type of representation or spectacle with such content is promoted, shall be provided or marketed; When a person is forced into marriage or any type of union in fact; f) When promote, facilitate or market the forced or illegitimate extraction of organs, fluids or human tissues. The consent given by the victim of trafficking and exploitation of persons shall in no case constitute a causal case for the exemption of criminal, civil or administrative liability of the authors, participants, cooperators or instigators.

ARTICLE 2-Repeal Articles 3 and 4 of Law 26.364.

ARTICLE 3-Substitute the name of Title II of Law 26.364 by the following:

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Title II

Minimum guarantees for the financial year

of the rights of victims

ARTICLE 4 °-Substitute Article 6 of Law 26.364 by the following:

Article 6: The national state guarantees the victim of the crimes of trafficking or exploitation of persons the following rights, with the absence of his or her condition as a complainant or plaintiff in the corresponding criminal proceedings and until the effective achievement of the relevant repairs: (a) to receive information about the rights that are provided to you in your language and in an accessible form to your age and maturity, in such a way as to ensure the full access and exercise of the economic, social and cultural rights that correspond to you; free psychological and medical care, in order to ensure their social reintegration; (c) receiving appropriate accommodation, maintenance, sufficient food and personal hygiene; (d) receiving job training and assisting in the search for employment; (e) receiving comprehensive legal advice and free legal sponsorship in judicial and judicial offices (f) to receive effective protection against any possible retaliation against the person or his family, with the result that all the procedural remedies available for that purpose are issued to that effect. If applicable, you may apply for incorporation into the National Witness Protection Program under the conditions laid down in law 25.764; g) Remain in the country, if so decided, receiving the necessary documentation for this purpose. In case of a corresponding one, you will be informed of the possibility of formalizing a request of refuge in the terms of the law 26.165; h) Return to your place of origin when you so request. In the case of a victim resident in the country who, as a result of the crime suffered, would like to emigrate, he will be guaranteed the possibility to do so; i) To testify under special conditions of protection and care; (k) to be heard at all stages of the process; (l) to the protection of their identity and privacy; (m) to the incorporation or reintegration into the education system; (n) In the case of the treatment of the In addition to the above mentioned rights, it will be ensured that the procedures recognize your special needs that involve the condition of being a subject in full personality development. Protective measures shall not restrict their rights and guarantees, nor shall they entail deprivation of their liberty. It will seek to return to its family core or to the place that better provides for its protection and development.

ARTICLE 5-Substitute Article 9 ° of Law 26.364 by the following:

Article 9 °: When the victim of the crime of trafficking or exploitation of persons abroad has Argentine citizenship, it will be the duty of the diplomatic representatives of the national State to make to the local authorities (a) presentations necessary to ensure their safety and to accompany it in all the steps to be taken with the authorities of the foreign country. Such representatives shall also provide the means necessary to enable them to be required by the victim.

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repatriation.

ARTICLE 6-Substitute Title IV of Law 26.364 by the following:

Title IV

Federal Council for the Fight against Trafficking

Exploitation of Persons and for Protection

and Assistance to the Victims.

ARTICLE 7-Substitute Article 18 of Law 26.364 by the following:

Article 18: Create the Federal Council for the Fight against Trafficking and Exploitation of Persons and for the Protection and Assistance of Victims, which will operate within the scope of the Chief Cabinet of Ministers, in order to constitute an area Permanent action and institutional coordination to follow up all the issues related to this law, which will have functional autonomy, and which will be integrated as follows: 1. A representative of the Ministry of Justice and 2. A representative of the Ministry of Security. 3. A representative of the Ministry of the Interior. 4. A representative of the Ministry of Foreign Affairs, International Trade and Cult. 5. A representative of the Ministry of Social Development. 6. A representative of the Ministry of Labour, Employment and Social Security. 7. A representative of the Chamber of Deputies of the Nation, elected at the proposal of the plenary session. 8. A representative of the Chamber of Senators of the Nation, elected at the proposal of the plenary session. 9. A representative of the Judiciary of the Nation, to be appointed by the Supreme Court of Justice of the Nation. 10. A representative for each of the provinces and for the Autonomous City of Buenos Aires. 11. A representative of the Public Prosecutor's Office. 12. A representative of the National Council of Children, Adolescents and Family. 13. A representative of the National Council of Women. 14. Three representatives of non-governmental organizations shall be incorporated in accordance with the provisions of Article 19 of this Law. The Federal Council shall appoint a coordinator by means of the vote of two-thirds of its members, in accordance with the terms laid down by the rules.

ARTICLE 8-Substitute Article 19 of Law 26.364 by the following:

Article 19: Once constituted, the Federal Council for the Fight against Trafficking and Exploitation of Persons and for the Protection and Assistance to Victims will enable a register in which non-governmental organizations of rights will be registered. Human or specific activity on the subject, which accredit existing legal status and an existence not less than three (3) years. The rules shall provide for the manner in which, on a rotating basis and for equal periods not exceeding

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one (1) year, the registered organizations shall integrate the Federal Council in accordance with the provisions of the previous article.

ARTICLE 9-Substitute Article 20 of Law 26.364 by the following:

Article 20: The Federal Council for the Fight against Trafficking and Exploitation of Persons and for the Protection and Assistance of Victims has the following functions: a) Designing the strategy to combat trafficking and exploitation of persons, monitoring the compliance and effectiveness of the existing rules and institutions; b) recommending the elaboration and approval of rules linked to the object of this law; and, in general, to participate in the design of policies and measures necessary to ensure the effective pursuit of human trafficking and exploitation crimes and the protection and assistance of victims; different jurisdictions of the performance standards, protocols and intervention circuits that ensure effective protection and respect for the rights of victims of trafficking and exploitation of persons; (d) Monitor the performance of the functions corresponding to the Executive Committee set up under Title V of this Law; Analyze and disseminate periodically the statistical data and reports that the Executive Committee raises in order to control the effectiveness of the public policies of the area requesting all information necessary for the performance of its functions; To promote the conduct of studies and research on the issue of trafficking and exploitation (g) Designing and publishing a Guide to Services in coordination and ongoing updating with the various jurisdictions, providing information on programmes and direct assistance services (h) Promote cooperation between States and the adoption of measures of a bilateral and multilateral nature, aimed at controlling, preventing and eradicating trafficking and exploitation of persons. This cooperation shall be aimed at strengthening bilateral, multilateral, local and regional means to prevent the crime of trafficking in persons, to enable the prosecution and punishment of perpetrators and to assist victims; (i) To press the process review of the international and regional instruments that the Republic has subscribed to, in order to strengthen international cooperation in the field; (j) to draft and to raise an annual report of its management, which must be approved by the Congress of the Nation. Once approved, this report will be sent to the Ministry of Foreign Affairs, International Trade and Cult, for presentation to international and regional bodies with competence in the subject; k) Approve the plan of biannual action that The Executive Committee shall draw up its Rules of Procedure, which shall be adopted with the vote of two-thirds of its members. The Ombudsman's Office will be the external control body for the fulfillment of the plans and programs decided by the Federal Council.

ARTICLE 10. -Incorporate as Title V of Law 26,634, the following:

Title V

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Executive Committee for the Fight Against Trafficking

Exploitation of Persons and for Protection

and Assistance to the Victims.

ARTICLE 11. -Incorporate as Article 21 of Law 26.364, the following:

Article 21: Create the Executive Committee for the Fight against Trafficking and Exploitation of Persons and for the Protection and Assistance of Victims that will work in the field of the Chief Cabinet of Ministers, with functional autonomy, and which will be 2. A representative of the Ministry of Security. 2. A representative of the Ministry of Justice and Human Rights. 3. A representative of the Ministry of Social Development. 4. A representative of the Ministry of Labour, Employment and Social Security.

ARTICLE 12. -Incorporate as Article 22 of Law 26.364, the following:

Article 22: The Executive Committee for the Fight against Trafficking and Exploitation of Persons and for the Protection and Assistance of Victims is responsible for the implementation of a National Program for the Fight against Trafficking and Exploitation of Persons and for Protection and Assistance to Victims, which shall consist of the development of the following tasks: a) Design standards of action, protocols and intervention circuits that contribute to preventing and combating trafficking and exploitation crimes, and to protect and assist victims of such crimes and their families; b) Develop effective actions (c) Ensure that the victims are fully respected and exercised their rights and guarantees, providing them with the technical guidance for the use of the services provided by the national authorities. access to free comprehensive care services (medical, psychological, social, legal, between (d) Generate activities that contribute to the training and assistance for the search and acquisition of job opportunities, together with the relevant agencies; and) to prevent and prevent any form of re-victimization of victims of trafficking and exploitation of persons and their families; f) Carry out a National Register of Data linked to the crimes of trafficking and exploitation of persons, as a permanent and effective system of information and quantitative and qualitative monitoring. To this end, all information that may be useful for combating these crimes and assisting their victims should be regularly reviewed. Police, judicial and public ministry officials will be asked to submit the data required for the purposes of their incorporation into the Register; g) Organize dissemination, awareness, training and training activities about of the problems of trafficking and exploitation of persons, from the guidelines imposed by respect for human rights, the gender perspective and the specific issues of childhood and adolescence; on the subject of the offences of trafficking and exploitation of persons and the development of materials for initial and continuing teacher training, from a human rights approach and from a gender perspective, in coordination with the Ministry of Education; (i) Promoting the coordination of public and private resources available to the prevention and assistance to victims, providing or guaranteeing the necessary housing to assist them as standard in

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(j) to train and specialise public officials of all institutions linked to the protection and assistance of victims, as well as to police forces, security institutions and officials responsible for the protection of victims; criminal prosecution and the prosecution of cases of human trafficking in order to achieve the greatest professionalization; k) Coordinate with the institutions, public or private, that provide training or training of pilots, hostesses and all other roles as cabin crew of aircraft or of means of land, international or cabotage transport, a mandatory training program specifically aimed at warning of possible victims of the crime of human trafficking; l) Coordinate with the provinces and the Autonomous City of Buenos Aires the implementation of the system Synced of Complaints about the Crimes of Trafficking and Exploitation of Persons. To carry out throughout the national territory a wide and periodic campaign of advertising of the System and the number to make complaints. The Executive Committee shall draw up every two (2) years a work plan to be submitted to the Federal Council for approval. It shall also draw up and submit annually to the Federal Council reports on its action for the purpose of exercising its supervisory powers. These reports will be public. For the purpose of implementing the Program, the Executive Committee will coordinate its actions with the provinces, the Autonomous City of Buenos Aires, and national and international organizations.

ARTICLE 13. -Incorporate as Title VI of Law 26.364 the following:

Title VI

Synchronised System of Complaints about Trafficking and Exploitation of Persons

ARTICLE 14. -incorporate as Article 23 of Law 26.364 the following:

Article 23: In the field of the Public Prosecutor's Office, the Synchronized System of Complaints about the Crimes of Trafficking and Exploitation of Persons is created.

ARTICLE 15. -incorporate as Article 24 of Law 26.364 the following:

Article 24: In order to implement the System referred to in the previous article, assign the telephone number one hundred and forty-five (145), uniform throughout the national territory, that will operate permanently during the twenty-four hours of the day in order to receive complaints about the crimes of trafficking and exploitation of people. Incoming phone calls will be free of charge and can be made from public, semi-public, private or cellular phones. Also, technical support will be guaranteed to develop and implement the text message service or SMS (Short Message Service) to the indicated number, to receive the complaints, which will be free of charge.

ARTICLE 16. -incorporate as Article 25 of Law 26.364 the following:

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Article 25: The Public Prosecutor's Office shall keep a file with the records of the telephone calls and of the electronically identified Short Message Service (SMS), which shall be maintained for a term not less than ten (10) years, in order to provide a database of data consultation to facilitate the investigation of trafficking and exploitation of persons.

ARTICLE 17. -incorporate as Article 26 of Law 26.364 the following:

Article 26: Complaints may be anonymous. If the complainant is identified, the identity of this person shall be reserved, including for the security forces involved.

ARTICLE 18. -Incorporate as Title VII of Law 26.364 the following:

Title VII

Final Provisions

ARTICLE 19. -Incorporate as Article 27 of Law 26.364 the following:

Article 27: The General Budget of the Nation shall include annually the items necessary for compliance with the provisions of this Law. In addition, the bodies established by this law may be financed by means of international cooperation agreements, grants or subsidies. The seizures applied under this law will have as a specific destination a fund of direct assistance to the victims administered by the Federal Council for the Fight against Trafficking and Exploitation of Persons and for the Protection and Assistance to Victims.

ARTICLE 20. -Replace the sixth paragraph of Article 23 of the Criminal Code with the following: In the case of a conviction imposed for any of the offences provided for in Articles 125, 1212a, 127, 140, 1414a, 145 bis, 145 b and 170 of this Code, between the goods to be seized from the movable or immovable property where the private victim of his libelad or object of exploitation was kept. The goods seized in connection with such offences, in accordance with the terms of this Article, and the resulting fines, shall be subject to assistance programmes for the victim.

ARTICLE 21. -replace Article 125a of the Criminal Code with the following:

Article 125a: The person who promotes or facilitates the prostitution of a person shall be sentenced to four (4) to six (6) years imprisonment, even if the victim's consent is measured.

ARTICLE 22. -replace Article 126 of the Criminal Code with the following:

Article 126: In the case of the previous article, the penalty shall be five (5) to ten (10) years imprisonment, if

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1. I shall measure deception, fraud, violence, threat or any other means of intimidation or coercion, abuse of authority or a situation of vulnerability, or grant or receipt of payments or benefits to obtain the consent of a person who has authority over the victim. 2. The author is ascending, descendant, spouse, end in a straight line, collateral or survivor, guardian, curator, authority or minister of any recognized worship or not, or in charge of the education or the guardian of the victim. 3. The author shall be a public official or a member of a security, police or prison force. When the victim is under eighteen (18) years the sentence will be ten (10) to fifteen (15) years in prison.

ARTICLE 23. -replace Article 127 of the Criminal Code with the following:

Article 127: It will be repressed with imprisonment of four (4) to six (6) years, which will economically exploit the exercise of the prostitution of a person, although I will measure the consent of the victim. The sentence will be five (5) to ten (10) years in prison, if any of the following circumstances: 1. I will measure deception, fraud, violence, threat or any other means of intimidation or coercion, abuse of authority or a situation of vulnerability, or grant or receipt of payments or benefits to obtain the consent of a person who has authority over the victim. 2. The author is ascending, descendant, spouse, end in a straight line, collateral or survivor, guardian, curator, authority or minister of any recognized worship or not, or in charge of the education or the guardian of the victim. 3. The author shall be a public official or a member of a security, police or prison force. When the victim is under eighteen (18) years the sentence will be ten (10) to fifteen (15) years in prison.

ARTICLE 24. -replace Article 140 of the Criminal Code with the following:

Article 140: It shall be repressed with imprisonment or imprisonment of four (4) to fifteen (15) years, which will reduce a person to slavery or servitude, in any form, and that which shall receive it in such a condition to keep it in it. In the same sentence, it will be the case that a person will be forced to perform forced labor or services or to contract servile marriage.

ARTICLE 25. -replace Article 145 bis of the Criminal Code with the following:

Article 145 bis: It shall be suspended with imprisonment of four (4) to eight (8) years, which shall, I shall offer, capture, transfer, receive or receive persons for the purposes of exploitation, either within the national territory, as from or to other countries, although I will measure the victim's consent.

ARTICLE 26. -replace Article 1414b of the Criminal Code with the following:

Article 145 b: In the cases of Article 145 bis the sentence shall be five (5) to ten (10) years imprisonment, when: 1. I shall measure deception, fraud, violence, threat or any other means of intimidation or coercion, abuse of authority or a situation vulnerability, or grant or receipt of payments or benefits to

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obtain the consent of a person who has authority over the victim. 2. The victim is pregnant, or is older than seventy (70) years. 3. The victim is a disabled person, sick or unable to fend for herself. 4. Victims force three (3) or more. 5. Three (3) or more persons shall be involved in the commission of the offence. 6. The author is ascending, descendant, spouse, end in a straight line, collateral or survivor, guardian, curator, authority or minister of any recognized worship or not, or in charge of the education or the guardian of the victim. 7. The author is a public official or member of a security, police or prison force. When the exploitation of the victim who is the subject of the crime of human trafficking is achieved, eight (8) to twelve (12) years of imprisonment shall be served. When the victim is under eighteen (18) years the sentence will be ten (10) to fifteen (15) years in prison.

ARTICLE 27. -Incorporate as Article 250 c of the Criminal Procedure Code the following:

Article 250 c: Where possible, the statements of the victims of the offences of trafficking and exploitation of persons shall be interviewed by a psychologist appointed by the Court to order the measure, and in no case may it be The parties are directly questioned by the parties. When the necessary resources are available, the victims will be received in a "Gesell Room", with the recording of the interview in audiovisual support available, when this can prevent a repetition of their celebration in successive judicial instances. The person concerned must be notified and his defence shall be notified of the conduct of the act. In those processes where there is not yet an accused person identified the acts will be developed with judicial control, after notification to the Official Public Defender. The alternatives of the event may be followed from the outside of the enclosure through mirrored glass, microphone, video equipment or any other technical means with which it is counted. In such a case, prior to the initiation of the act, the Tribunal shall inform the professional in charge of the interview the questioning proposed by the parties, as well as the concerns that arise during the course of the interview, which will be channeled taking into account the characteristics of the event and the emotional state of the victim. In the case of acts of recognition of places or objects, the victim shall be accompanied by the professional designated by the Court and in no case may the person be present.

ARTICLE 28. -This law will be regulated within a maximum period of ninety (90) days from its enactment.

ARTICLE 29. -The Executive Branch will dictate the ordered text of Law 26.364, in accordance with the provisions of Law 20.004.

ARTICLE 30. -Contact the national executive branch. GIVEN IN THE SESSION HALL OF THE ARGENTINE CONGRESS, IN BUENOS AIRES, AT THE NINETEENTH DAY OF DECEMBER OF THE YEAR TWO THOUSAND TWELVE. -REGISTERED UNDER NO. 26,842-BELOVED BOUDOU. -JULIAN A. DOMINGUEZ. -Juan H. Estrada. -Gervasio Bozzano.

Date of publication: 27/12/2012

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