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CODIGO PENAL code criminal law 26.733 modification. Adopted: 22 December 2011 promulgated: December 27, 2011 the Senate and Chamber of deputies of the Argentina nation gathered in Congress, etc. sanctioned with force of law: article 1 - article 77 of the Criminal Code of the nation, be replaced by the following: article 77: for the intelligence of the text of this code shall present the following rules: deadlines referred to this code shall be counted in accordance with the provisions of the Civil Code. However, the release of persons sentenced to custodial sentences shall be carried out at noon on the corresponding day. The expression "regulations" or "Ordinances", includes all the provisions of general character issued by the competent authority in the matter that try. By the terms "public official" and "public employee", used in this code, refers to everyone who participates accidental or permanently from the exercise of public functions is by popular election or appointment of competent authority. The term "military" refers to any person who magazine military State at the time of the fact according the law for military personnel. Civil servants belonging to the chain of command are similar to military personnel in relation to crimes committed in his capacity as such, when they produce acts or given orders or instructions as members of the chain of command if the same mean of wrongdoing or participation therein. The word "goods", refers all sorts of effects capable of dispensing. The term "Captain" includes all ship Commander or replaces that. The term "crew" includes all those who are on board as officers or sailors. He term "narcotic" includes them narcotic, psychotropic and other substances susceptible of produce dependence physical or psychic, that is include in them lists that is develop and update periodically by Decree of the power Executive national. The term "rural property" includes all property which is intended for breeding, improvement or fattening of cattle, activities of tambo, farm or farming, poultry or other crianzas, promotion or similar use. The term "document" includes any representation of acts or facts, irrespective of the support used for fixation, storage, file or transmission. The terms "company" and "subscription" include the digital signature, the creation of a digital signature or digitally sign https://www.boletinoficial.gob.ar/pdf/linkQR/UWtHUTRidVg0cWhycmZ0RFhoUThyQT09. The terms "private instrument" and "certified" comprise the digital document digitally signed. The term "privileged information" includes all information not available to the public where disclosure could have significant influence on the stock market.
Article 2º - article 300 of the Criminal Code of the nation, be replaced by the following: Article 300: shall be punished with imprisonment of six (6) months to two (2) years: 1. He that doeth raise or lower the price of goods by means of false news, feigned or negotiations by meeting or coalition between the main holders of a commodity or gender, in order not to sell or not to sell it but at a certain price.
2nd. Founder, director, administrator, liquidator or receiver of a corporation or Union or other person collective, knowingly publishes, certificare, or authorize an inventory, a balance sheet, a profit and loss account or reports, records or memories, false or inclomplete or inform the Assembly or meeting of partners, with falsehood about important facts to appreciate the economic situation of the company anyone that it has been the pursued purpose to verify it.
Article 3º - merge as article 306 of the code criminal of the nation, the following: article 306: shall be punished with imprisonment of one (1) to four (4) years, fine equivalent to the amount of the operation, and special disqualification for up to five (5) years, the director, Member of audit, shareholder, shareholder representative body and all who by their work, profession or function within a company issuing by itself or by intermediary, it supplies or use Insider who had access on the occasion of its activity, for negotiation, quote, purchase, sale or liquidation of securities.
Article 4º - merge as article 307 of the code criminal of the nation, the following: article 307: the minimum penalty provided for in the preceding article will rise to two (2) years in prison and the maximum to six (6) years in prison, when: to) the authors of the crime used or provides information on a regular basis; (b) the use or supply of privileged information would give rise to the award of a benefit or avoid a financial loss, for himself or for a third party. The maximum of the expected penalty will rise to eight (8) years of imprisonment when: c) the use or supply of privileged information would result in serious damage in the stock market; (d) the offence is committed by a director, Member of the body of control, official or employee of a self-regulating entity, or risk rating companies, or exercising profession of which require authorization or registration, or a public official. In these cases, in addition special disqualification penalty be imposed of up to eight (8) years.
Article 5º - merge as article 308 of the code criminal of the nation, the following: Article 308: https://www.boletinoficial.gob.ar/pdf/linkQR/UWtHUTRidVg0cWhycmZ0RFhoUThyQT09 1. Shall be punished with imprisonment of one (1) to four (4) years, fine equivalent to the amount of the operation and disqualification for up to five (5) years, which: a) effected transactions or operations that made up, maintain or down the price of securities or other financial instruments, using false news, mock negotiations, meeting or coalition between the main holders of the species in order to produce the appearance of greater liquidity or negotiate it at a certain price; (b) it should make offer of securities or financial instruments, hiding or hiding facts or true circumstances or saying or doing glimpse facts or false circumstances. 2 shall be punished with imprisonment of two (2) to six (6) years, when the representative, Manager or auditor of a corporation that have obligation to establish private control bodies, inform the partners or shareholders by hiding or falsifying facts important to appreciate the economic situation of the company or in the statements, reports and other accounting documents It consignare false or incomplete data.
Article 6º - merge as article 309 of the code criminal of the nation, the following: article 309: shall be punished with imprisonment of one (1) to four (4) years, fine of two (2) to eight (8) times the value of the operations carried out and special disqualification up to six (6) years, which by or self-employed, directly or indirectly, financial intermediation activities carried out under all its forms, without authorization issued by the competent supervisory authority. Same penalty incurred who captures savings of the public in the stock market or provides intermediation services for the acquisition of securities, when I will not tell with the corresponding authorization issued by the competent authority. The minimum amount of the penalty will be increased to two (2) years when you had used journalistic publications, broadcasts radio or television, internet, film, placement of posters, signs or posters, programs, circulars and printed communications or any other procedure mass.
Article 7º - merge as article 310 of the code criminal of the nation, the following: article 310: they shall be punished with imprisonment of one (1) to four (4) years, fine of two (2) to six (6) times the value of operations and disqualification of up to six (6) years, employees and officers of financial institutions and those that operate in the stock market that by inserting false data or citing non-existent facts , documentaren accounted for an operation credit active or passive or of negotiation of values negotiable, with the intention of obtaining a benefit or cause a prejudice, for itself or for third. The same penalty shall be guilty who omits settle or proper record of any of the operations referred to above.
Article 8º - merge as article 311 of the code criminal of the nation, the following: article 311: shall be punished with imprisonment of one (1) to six (6) years, and disqualification of up to six (6) years, employees and officers of financial institutions and those that operate in the market of values that directly or indirectly, and regardless of interest set by the institution and the fees improperly receive money or any other economic benefit, as a condition for credit, financial or stock market operations.
https://www.boletinoficial.gob.ar/pdf/linkQR/UWtHUTRidVg0cWhycmZ0RFhoUThyQT09 article 9º - merge as article 312 of the code criminal of the nation, the following:
Article 312: When criminal acts provided for in the preceding articles have been carried out on behalf, or with the intervention, or for the benefit of a person of ideal existence, shall apply the provisions laid down in article 304 of the Penal Code. In the case of legal persons which make public offering of securities, sanctions must be applied taking care not to damage to shareholders or owners of the respective titles who do not fit to attribute responsibility for the offence. To that end you must listen to the organ of control of the society. When the legal person is insolvent the sanctions do not apply to the detriment of the rights and privileges of the creditors by cause or title prior to the offence. To that end it must listen to the trustee of the contest.
ARTICLE 10. -Renumber articles 306, 307 and 308 of the Criminal Code of the nation as articles 314, 315 and 316 respectively.
ARTICLE 11. -Authorize the National Executive to renumber the preceding articles.
ARTICLE 12. -Communicate to the Executive branch. GIVEN IN THE CHAMBER OF THE CONGRESO ARGENTINO, BUENOS AIRES, TWENTY-TWO DAYS OF THE MONTH OF DECEMBER OF THE YEAR TWO THOUSAND ELEVEN. -REGISTERED UNDER NO. 26.733 - AMADO BOUDOU. -JULIAN A. DOMINGUEZ. -Gervasio Bozzano. -John H. Estrada.
Date of publication: 28/12/2011 https://www.boletinoficial.gob.ar/pdf/linkQR/UWtHUTRidVg0cWhycmZ0RFhoUThyQT09
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