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.

Read the untranslated law here: https://www.boletinoficial.gob.ar/#!DetalleNorma/10256312/20160703

Prevention and punishment of trafficking in persons and assisting their V prevention and punishment of trafficking in persons and assistance to its victims 26.842 law Penal Code, code of criminal procedure and Act No. 26.364. Modifications. Sanctioned: 19 December 2012 promulgated: 26 December 2012 the Senate and Chamber of deputies of the Argentina nation gathered in Congress, etc. sanctioned with force of law: article 1 ° - replace article 2 of the Law 26.364 by the following: article 2: means trafficking in persons offering, acquisition, transfer, reception or reception of persons for exploitation, either within the national territory, as from or to other countries. For the purposes of this law refers to holding the configuration of any of the following cases, without prejudice to that constitute autonomous offences with respect to the crime of trafficking in persons: to) when it redujere or if a person in a condition of slavery or servitude, in any form; (b) when Tames a person to perform work or services forced; c) when it is any, facilitates or comercializare the prostitution of others or other forms of non-sexual services; d) when it is any, facilitates or comercializare child pornography or the conduct of any representation or spectacle with such content; (e) when forzare a person to marry or to any type of union in fact; f) when it is any, facilitates or comercializare the forcible or unlawful removal of organs, fluids or human tissue. The consent given by the victim of trafficking and exploitation of persons shall not in any causal case of immunity from criminal, civil or administrative liability of the authors, partners, collaborators or instigators.
Article 2 ° - repeal articles 3 ° and 4 ° of the Law 26.364.
Article 3 °-Replace is the denomination of the title II of the Law 26.364 by the following: https://www.boletinoficial.gob.ar/pdf/linkQR/Nm1CVU5qd1R4VGRycmZ0RFhoUThyQT09 title II guarantees minimum for the exercise of them rights of them victims article 4 °-replace is the article 6 ° of the Law 26.364 by the following: article 6 °: the State national guarantees to the victim of them crimes of is or exploitation of people them following rights (, irrespective of their status as complainant or complainant in the corresponding criminal proceedings and to the effective attainment of the relevant repairs: to) receive information about the rights that assist you in your language and in an accessible way to their age and maturity, so that to ensure full access and exercise of economic, social and cultural rights that are appropriate; b) receive free medical and psychological assistance, in order to ensure their social reintegration; (c) receive appropriate accommodation, maintenance, sufficient food and personal hygiene items; d) receive job training and help in finding employment; (e) receive comprehensive legal advice and free legal representation in judicial and administrative headquarters at all levels; (f) receive effective protection against any possible retaliation against his person or his family, being expeditious for this purpose all the procedural remedies available for this purpose. In his case, may request their incorporation to the program national of protection of witnesses in the conditions planned by the law 25.764; (g) remain in the country, if he decides, getting the necessary documentation to do so. Where applicable, it shall be informed of the possibility to formalize a request for refuge in the terms of law 26.165; (h) return to their place of origin as so requests. In cases of victim resident in the country that, as a result of the experienced crime, would like to emigrate, will guarantee the possibility of doing so; (i) to bear witness in special conditions of protection and care; (j) be informed of the State of the proceedings, of the measures taken and of the evolution of the process; (k) 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 educational system; n) in case of being minor, in addition to the above stated rights, victim it will ensure procedures to recognize their special needs involving the condition of being a subject in full development of the personality. Protection measures will restrict their rights and guarantees, not involving deprivation of liberty. Efforts are made to return to his family or to the place that better provides for their protection and development.
Article 5 ° - replace article 9 of law 26.364 by the following: article 9: when the victim of the crime of trafficking or exploitation of people outside the country have Argentine citizenship, will be the diplomatic representatives of the State obligation to make submissions necessary to ensure its security and accompany her on all the steps that should be performed before the authorities of the foreign country with the local authorities. In addition, such representatives shall provide the means necessary to enable, if required by the victim, his repatriation https://www.boletinoficial.gob.ar/pdf/linkQR/Nm1CVU5qd1R4VGRycmZ0RFhoUThyQT09.
Article 6 ° - replace title IV of law 26.364 with the following: Federal title IV Council for the fight against trafficking and exploitation of persons and for the protection and assistance to victims.
Article 7 ° - replace article 18 of law 26.364 by the following: article 18: created the Federal Council for the fight against trafficking and exploitation of persons and for the protection and assistance to victims, which will operate within the scope of the head of the Cabinet of Ministers, in order to form a permanent field of action and institutional coordination for the follow-up to all topics related to this law will feature functional autonomy, and which will be integrated in the following way: 1. A representative of the Ministry of Justice and human rights. 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 worship. 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, elected on the proposal of the plenary. 8. a representative of the Chamber of Senators of the nation, elected on the proposal of the plenary. 9. a representative of the Judicial power of the nation, to be appointed by the Supreme Court of Justice of the nation. 10. one representative for each of the provinces and by the autonomous city of Buenos Aires. 11. a representative of the public prosecutor's Office. 12. a representative of the National Council for childhood, adolescence and family. 13. a representative of the Council national of them women. 14. three representatives of organizations not Government, which will be built according to it established in the article 19 of the present law. He Council Federal shall designate a coordinator through the vote of them two third parts of their members, in the terms that set the regulation.
Article 8 °-replace is the article 19 of the Law 26.364 by the following: article 19: A time constituted, the Council Federal for the fight against it is and exploitation of people and for the protection and assistance to them victims will enable a register in which is entered them organizations not Government of rights human or with activity specific in the theme , that credited status legal force and an existence not less to three (3) years. Regulation will have mode in which, on a rotating basis and for no more than one (1) year https://www.boletinoficial.gob.ar/pdf/linkQR/Nm1CVU5qd1R4VGRycmZ0RFhoUThyQT09 equal periods, registered organizations will integrate the Federal Council according to the established in the previous article.
Article 9 ° - replaced section 20 of the Act 26.364 with the following:

Article 20: The Federal Council for the fight against trafficking and exploitation of persons and for the protection and assistance to victims has the following functions: to) designing the strategy to combat the trafficking and exploitation of persons, monitoring compliance and effectiveness of the rules and existing institutions; b) recommended the elaboration and adoption of rules related to the subject of this Act; and, in general, to participate in the design of policies and measures that ensure the effective prosecution of the crimes of trafficking and exploitation of people and the protection and assistance to victims; (c) promote the adoption from the different jurisdictions of them standards of action, protocols and circuits of intervention that ensure the protection effective and the respect to them rights of them victims of them crimes of is and exploitation of people; d) oversee the fulfillment of the functions of the Executive Committee created in title V of this law; (e) analyze and periodically disseminate statistical data and reports presented by the Executive Committee in order to monitor the effectiveness of public policies of the area requesting information necessary for the fulfilment of its functions; f) promote studies and research on the problem of trafficking in and exploitation of persons, publication and dissemination periodic; (g) designing and publishing a guide to services coordination and permanent updating with different jurisdictions, that provides information about the programs and services of direct assistance for the victims of the crimes of trafficking and exploitation of persons; (h) to promote cooperation among States and the adoption of bilateral and multilateral measures, intended to control, prevent and eradicate the trafficking and exploitation of persons. This cooperation purpose will be to strengthen bilateral, multilateral, regional and local media to prevent the crime of human trafficking, facilitate the prosecution and punishment of perpetrators and assist victims; (i) promote the process of revision of the international and regional instruments that have subscribed the Republic, in order to strengthen international cooperation in this field; (j) draft and raise an annual report of its management, which must be approved by the National Congress. Once approved, this report will be rotated to the Ministry of Foreign Affairs, international trade and worship, for submission to the international and regional organizations with competence in the subject; k) approve the plan of bi-annual action to prepare the Executive Committee; (l) dictate its rules of procedure, which shall be approved by the vote of two-thirds of its members. The defender of the people of the nation will be the Agency of external control of compliance with the plans and programmes decided by the Federal Council.
ARTICLE 10. -Incorporated as title V of the Law 26.634, the following: title V https://www.boletinoficial.gob.ar/pdf/linkQR/Nm1CVU5qd1R4VGRycmZ0RFhoUThyQT09 Executive Committee for the fight against trafficking and exploitation of persons and for the protection and assistance to victims.
ARTICLE 11. -Merge as article 21 of the Act 26.364, the following: article 21: create Executive Committee for the fight against trafficking and exploitation of persons and for the protection and assistance to victims that will operate at the level of head of Cabinet of Ministers, with functional autonomy, and which will be integrated in the following way: 1. 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 is as article 22 of it Law 26.364, the following: article 22: the Committee Executive for it fight against it is and exploitation of people and for the protection and assistance to them victims has to its charge it execution of a program national for the fight against it is and exploitation of people and for the protection and assistance to them victims (, which will consist of the following tasks: to) designing performance standards, protocols and speech circuits that contribute to preventing and combating the crimes of trafficking and exploitation, and to protect and assist the victims of such offences and their families; b) develop effective actions aimed at increasing the capacity of detection, prosecution and dismantling of networks trafficking and exploitation; (c) ensure that the victims and full exercise of their rights and guarantees, providing technical guidance for access to free comprehensive care (medical, psychological, social, legal,); among others services d) generate activities that contribute in the training and assistance in seeking and obtaining employment opportunities, together with the relevant agencies; (e) provide for and prevent any form of re-victimizacion of the victims of trafficking and exploitation of persons and their families; f) carry out a national registry of data related to crimes of trafficking in and exploitation of persons, as permanent and effective system of information and monitoring quantitative and qualitative. To this end must periodically relieve all information that might be useful to combat these crimes and assist its victims. Be asked to police officers, judicial and Prosecutor remission of the required data for the purpose of its incorporation into the registry; (g) Organizaractividades of dissemination, awareness, training and training on the issue of crimes of trafficking and exploitation of persons, from the guidelines imposed by the respect for human rights, gender mainstreaming and specific issues of childhood and adolescence; (h) promote knowledge on the subject of the crimes of trafficking and exploitation of persons and develop materials for initial and continuous teacher training, from a human rights approach and a gender perspective, in coordination with the Ministry of education; (i) promote the coordination of public and private resources available for prevention and assistance to victims, providing or guaranteeing housing to assist them according the regulated in https://www.boletinoficial.gob.ar/pdf/linkQR/Nm1CVU5qd1R4VGRycmZ0RFhoUThyQT09 this law; (j) training and specialized public officials of all institutions linked to the protection and assistance to victims, as well as police forces, security institutions and officials responsible for the criminal prosecution and trial of cases of trafficking in persons in order to achieve the greater professionalization; (k) coordinate with institutions, public or private, that provide training or training of pilots, stewardesses and all other role as cabin crew of aircraft or of international land transport or cabotage means, a programme of mandatory training specifically geared to warn among passengers possible victims of the crime of trafficking in persons; (l) coordinate the implementation of the synchronized system of complaints about the crimes of trafficking and exploitation of persons with the provinces and the autonomous city of Buenos Aires. Perform throughout the national territory extensive and regular campaign advertising system and the number to make complaints. The Executive Committee shall draw up every two (2) years a working plan which shall be submitted to the Federal Council for approval. It must also establish and reporting annually to the Federal Council on their performance for the purposes that it can exercise its supervisory powers. These reports shall be public. For the purposes of making effective the implementation of the programme, the Executive Committee will coordinate its actions with the provinces, the autonomous city of Buenos Aires and national and international organizations.
ARTICLE 13. -Incorporated as title VI of the Act 26.364 follows: Title VI synchronized system of complaints about the crimes of trafficking and exploitation of persons article 14. -Merge as article 23 of the Law 26.364 follows: article 23: created in the scope of the public prosecutor the synchronized system of complaints about the crimes of trafficking and exploitation of persons.
ARTICLE 15. -Merge as article 24 of the Law 26.364 the following: article 24: in order to implement the system referred to in the previous article, assign the number phone hundred and forty-five (145), uniform in all the national territory, that will work permanently during the twenty-four hours a day in order to both receive complaints about the crimes of trafficking and exploitation of persons. Incoming calls will be free of charge and may be made from public, semi-public, private, or cellular phones. Also, ensure the technical support to develop and implement service text or SMS (Short Message Service) messages to the indicated number, allegations, which will be free of charge in order to.
ARTICLE 16. -Merge as article 25 of the Act 26.364 follows: https://www.boletinoficial.gob.ar/pdf/linkQR/Nm1CVU5qd1R4VGRycmZ0RFhoUThyQT09 article 25: the public prosecutor shall keep a file with records of telephone calls and the text messages or SMS (Short Message Service) identified electronically, which will be maintained by one term not less than ten (10) years, in order to have a base of query data to facilitate the investigation of the crimes of trafficking and exploitation of people.

ARTICLE 17. -Merge as article 26 of the Law 26.364 the following: article 26: complaints may be anonymous. Where the complainant is identified, the identity of this person will be reserved, including for the security forces to intervene.
ARTICLE 18. -Incorporated as title VII of the Act 26.364 follows: Title VII provisions end article 19. -Merge as article 27 of the Law 26.364 follows: article 27: the General budget of the nation annually will include necessary items for the fulfilment of the provisions of this law. Also bodies established by this law may be financed with resources from international cooperation, donations or grants agreements. Them seizures applied under this law will have as destination specific a Fund of assistance direct to them victims managed by the Council Federal for the fight against it is and exploitation of people and for the protection and assistance to the victims.
ARTICLE 20. -Replace the sixth paragraph of article 23 of the criminal code with the following: in the case of conviction for any of the offences envisaged by articles 125, 125 bis, 127, 140, 142 bis, 145 bis, ter 145 and 170 of this code, is understood among the goods to seize the movable or immovable thing where kept the victim private of its libelad or subject to exploitation. The goods seized on the occasion of such crimes, according to the terms of this article, and the proceeds of fines imposed, will be affected to the victim assistance programs.
ARTICLE 21. -Replace article 125 bis of the Penal Code by the following: article 125 bis: which it any or facilitates the prostitution of a person will be punishable with imprisonment of four (4) to six (6) years in prison, although without the consent of the victim.
ARTICLE 22. -Replace is the article 126 of the code criminal by the following: article 126: for the article previous, the penalty will be of five (5) to ten (10) years of prison, if https://www.boletinoficial.gob.ar/pdf/linkQR/Nm1CVU5qd1R4VGRycmZ0RFhoUThyQT09 concurriere any of the following circumstances: 1. without deception, fraud, violence, threatens or any other medium of intimidation or coercion, abuse of authority or of a situation of vulnerability , or granting or receiving of payments or benefits to obtain the consent of a person having authority over the victim. 2. the author is ascendant, descendant, spouse, akin in straight line, collateral or cohabiting partner, guardian, conservator, authority or Minister of any recognized or not worship, or responsible education or custody of the victim. 3. the author may be public or member of a security force, police or prison official. When the victim was less than eighteen (18) the penalty shall be ten (10) to fifteen (15) years in prison.
ARTICLE 23. -Replace the article 127 of the Penal Code with the following: article 127: shall be punished with imprisonment of four (4) to six (6) years, which economically exploits the prostitution of a person exercising, although without the consent of the victim. The penalty shall be five (5) to ten (10) years in prison, if concurriere any of the following circumstances: 1. without deception, fraud, violence, threat or any other means of intimidation or coercion, abuse of authority or of a situation of vulnerability, or granting or receiving of payments or benefits to obtain the consent of a person having authority over the victim. 2. the author is ascendant, descendant, spouse, akin in straight line, collateral or cohabiting partner, guardian, conservator, authority or Minister of any recognized or not worship, or responsible education or custody of the victim. 3. the author may be public or member of a security force, police or prison official. When the victim was less than eighteen (18) the penalty shall be ten (10) to fifteen (15) years in prison.
ARTICLE 24. -Replace the article 140 of the criminal code with the following: article 140: shall be punished with imprisonment or imprisonment of four (4) to fifteen (15) years which redujere a person to slavery or servitude, in any form, and which received it in such a condition to keep it there. The same penalty shall be guilty of that force a person to perform work or services forced or servile marriage.
ARTICLE 25. -Replace Rule 145 bis of the Penal Code by the following: article 145 bis: shall be punished with imprisonment of four (4) to eight (8) years, which you should make a offer, it captures, it trasladare, hearing or you acogiere people for exploitation, either within the national territory, as from or to other countries, although without the consent of the victim.
ARTICLE 26. -Replace Rule 145 ter of the Penal Code by the following: article 145 ter: in the cases of article 145 bis the penalty shall be five (5) to ten (10) years in prison, when: 1. without deception, fraud, violence, threat or any other means of intimidation or coercion, abuse of authority or of a position of vulnerability, or granting or receiving of payments or benefits to https://www.boletinoficial.gob.ar/pdf/linkQR/Nm1CVU5qd1R4VGRycmZ0RFhoUThyQT09 obtain the consent of a person having authority about the victim. 2. the victim is pregnant, or is more than seventy (70) years. 3. the victim was a person with a disability, sick or who can not stand by itself. 4. victims shall be three (3) or more. 5. in the Commission of crime participating three (3) or more people. 6. the author is ascendant, descendant, spouse, akin in straight line, collateral or cohabiting partner, guardian, conservator, authority or Minister of any recognized or not worship, or responsible education or custody of the victim. 7. the author may be public or member of a security force, police or prison official. When you would consummate the exploitation of the victim object of the crime of trafficking in persons the penalty shall be eight (8) to twelve (12) years in prison. When the victim was less than eighteen (18) the penalty shall be ten (10) to fifteen (15) years in prison.
ARTICLE 27. -Merge article 250 quater of the code of criminal procedure as follows: article 250 c: wherever possible, the statements of the victims of the crimes of trafficking and exploitation of persons will be interviewed by a psychologist appointed by the Court which ordered the measure, and can in any case be questioned directly by the parties. When the necessary resources are available, victims will be received in a "room Gesell", provided the recording of the interview in audiovisual support, when it can avoid repeating its celebration in successive judicial instances. It must be notified to the accused and his defence of the realization of such an act. In those processes which still does not exist a defendant identified acts will be developed with judicial control, notice to the official public Ombudsman. The alternatives of the Act can be followed from the outside of the enclosure through mirrored glass, microphone, video equipment, or any other technical means available. In this case, prior to the initiation of the Act, the Court shall know the professional in charge of the interview questioning proposed by the parties, as well as concerns that arise during the course of the same, which will be channeled to taking into account the characteristics of the fact and the emotional state of the victim. In the case of acts of recognition of places or objects, the victim will be accompanied by a professional designated by the Court and can in no case be the accused present.
ARTICLE 28. -This law will be regulated within a maximum period of ninety (90) days after its promulgation.
ARTICLE 29. -The Executive power will dictate the ordered text of law 26.364, in accordance to the law 20.004.
ARTICLE 30. -Communicate to the national executive power. GIVEN IN THE CHAMBER OF THE CONGRESO ARGENTINO, BUENOS AIRES, NINETEEN DAYS AFTER THE MONTH OF DECEMBER OF THE YEAR TWO THOUSAND TWELVE. -REGISTERED UNDER NO. 26.842 - AMADO BOUDOU. -JULIAN A. DOMINGUEZ. -John H. Estrada. -Gervasio Bozzano.

Date of publication: 27/12/2012 https://www.boletinoficial.gob.ar/pdf/linkQR/Nm1CVU5qd1R4VGRycmZ0RFhoUThyQT09