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Modification.

Original Language Title: Modificación.

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CRIMINAL CODE

Law 26,733

Amendment. Sanctioned: December 22, 2011 Enacted: December 27, 2011

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

Article 1-Substitute Article 77 of the Criminal Code of the Nation, for the following:

Article 77: For the intelligence of the text of this code the following rules will be present: The deadlines to which this code refers will be counted according to the provisions of the Civil Code. However, the release of those sentenced to custodial sentences will be held at noon on the corresponding day. The term "regulations" or "ordinances" shall include all provisions of a general nature dictated by the competent authority in the field concerned. By the terms "public official" and "public employee", used in this code, all those who are accidentally or permanently involved in the exercise of public functions are designated either by popular choice or by appointment of competent authority. The term "military" means any person who is a military magazine at the time of the act in accordance with the law of the military personnel. Civil servants who are members of the chain of command are assimilated to military personnel in relation to offences committed in their nature, when they produce acts or give orders or instructions as members of the military. the chain of command if they involve a commission of offence or participation in the chain of command. With the word "merchandise", all kinds of effects that are susceptible of exposure are designated. The term 'master' shall include any vessel commander or the vessel commander. The term "crew" includes all those who are on board as officers or sailors. The term "narcotic" includes narcotic drugs, psychotropic substances and other substances susceptible to physical or mental dependence, which are included in the lists to be compiled and updated periodically by decree of the Executive Branch. national. The term "rural establishment" includes any building which is intended for the rearing, improvement or fattening of livestock, tambo, farm or land cultivation, poultry farming or other breeding, promotion or similar use. The term "document" includes any representation of acts or facts, regardless of the support used for their fixation, storage, archiving or transmission. The terms "signature" and "subscription" comprise the digital signature, the creation of a digital signature or signing

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digitally. The terms "private instrument" and "certificate" comprise the digitally signed digital document. The term 'inside information' includes any information not available to the public whose disclosure could have significant influence on the stock market.

Article 2-Substitute Article 300 of the Criminal Code of the Nation, for the following:

Article 300: Imprisonment of six (6) months to two (2) years:

1. The one that will raise or lower the price of the goods by means of false news, feigned negotiations or by meeting or coalition among the main holders of a commodity or gender, in order not to sell it or not to sell it but to a determined price.

2. The founder, director, administrator, liquidator or liquidator of an anonymous or cooperative company or other collective person, who knowingly shall publish, certify or authorize an inventory, balance sheet, profit and loss account, or corresponding reports, reports or memoirs, false or incomplete or shall inform the assembly or meeting of members, with falsehood, on important facts to appreciate the economic situation of the company, whatever the intended purpose when verifying.

ARTICLE 3-Incorporate as article 306 of the Penal Code of the Nation, the following:

Article 306: To be repressed with imprisonment of one (1) to four (4) years, fine equivalent to the amount of the operation, and special disablement of up to five (5) years, the director, member of audit body, shareholder, representative of shareholder and all who, by virtue of their work, profession or function within a broadcasting company, by itself or by person, shall supply or use inside information to which it would have had access on the occasion of its activity, for negotiation, listing, purchase, sale or settlement of marketable securities.

ARTICLE 4-Incorporate as article 307 of the Penal Code of the Nation, the following:

Article 307: The minimum of the penalty provided for in the previous article shall be two (2) years imprisonment and the maximum of six (6) years imprisonment, where: (a) The perpetrators of the offence shall use or supply inside information in a customary manner; The use or supply of inside information would result in the obtaining of a benefit or avoid an economic injury, for itself or for third parties. The maximum sentence shall be raised to eight (8) years in prison where: (c) The use or supply of inside information shall cause serious damage to the stock market; (d) The offence shall be committed by a director, member of the body of the audit, official or employee of a self-regulated entity, or of risk-rating companies, or the profession of which they require a qualification or a registration, or a public official. In such cases, a special disablement of up to eight (8) years will also be imposed.

Article 5-Incorporate as article 308 of the Penal Code of the Nation, the following:

Article 308:

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1. It shall be repressed with imprisonment of one (1) to four (4) years, fine equivalent to the amount of the operation and disablement of up to five (5) years, which: a) Realize transactions or transactions that will increase, maintain or lower the price of marketable securities or other financial instruments, using false news, feigned negotiations, meeting or coalition among the principal holders of the species, in order to produce the appearance of greater liquidity or to negotiate it at a certain price; b) It shall offer negotiable securities or financial instruments, concealing or concealing true facts or circumstances or by stating or making entertain false facts or circumstances. 2. It shall be repressed with imprisonment of two (2) to six (6) years, when the representative, administrator or fiscator of a commercial company from which they have an obligation to set up private audit bodies, shall inform the shareholders or shareholders by concealing or distorting important facts in order to assess the economic situation of the undertaking or which, in the balance sheets, accounts or other accounting documents, shall record false or incomplete data.

Article 6-Incorporate as Article 309 of the Criminal Code of the Nation, the following:

Article 309: To be repressed 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 disablement up to six (6) years, the one self-employed, directly or indirectly, carry out financial intermediation activities, under any of its modalities, without authorisation issued by the competent supervisory authority. In the same sentence, the person who will capture savings from the public on the stock market or provide intermediation services for the acquisition of marketable securities, when I will not have the corresponding authorization issued by the authority competent. The minimum amount of the penalty will be increased to two (2) years when journalistic publications, radio or television broadcasts, internet, film screenings, posters, signs or posters, programs, programs have been used. Circular and printed communications or any other mass dissemination procedure.

Article 7-Incorporate as Article 310 of the Criminal Code of the Nation, the following:

Article 310: To be repressed with imprisonment of one (1) to four (4) years, fine of two (2) to six (6) times the value of the operations and disablement of up to six (6) years, the employees and officials of financial institutions and those that they operate on the stock market, which by inserting false data or by mentioning non-existent facts, shall provide a document on an active or passive credit transaction or trading in marketable securities, with the intention of obtaining a profit or causing injury, for itself or for third parties. In the same sentence, the person who will omit to settle or leave due evidence of any of the transactions referred to in the preceding paragraph.

ARTICLE 8-Incorporate as Article 311 of the Criminal Code of the Nation, the following:

Article 311: To be held in prison from one (1) to six (6) years and disablement of up to six (6) years, employees and officials of financial institutions and those operating on the stock market directly or indirectly, and with independence of the charges and interests set by the institution, receive undue money or any other economic benefit, as a condition for holding credit, financial or stock exchange operations.

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Article 9-Incorporate as article 312 of the Penal Code of the Nation, the following:

Article 312: Where the criminal acts provided for in the preceding Articles have been carried out on behalf or with the intervention or for the benefit of an ideal person, the provisions of Article 304 of the Treaty shall apply. Criminal Code. In the case of legal persons making public offer of transferable securities, the penalties shall be applied by taking care not to prejudice the shareholders or holders of the securities to whom the liability is not attributable to the holders of the securities. the criminal act. To this end, the audit body of the company must be heard. Where the legal person is subject to sanctions, the penalties may not be applied to the detriment of the rights and privileges of the creditors because of the fact or title preceding the criminal act. To this end, the receiver must be heard.

ARTICLE 10. -List Articles 306, 307 and 308 of the Criminal Code of the Nation as Articles 314, 315 and 316 respectively.

ARTICLE 11. -Facultate to the national executive branch to number the preceding articles.

ARTICLE 12. -Contact the National Executive Branch. GIVEN IN THE SESSION HALL OF THE ARGENTINE CONGRESS, IN BUENOS AIRES, AT THE TWENTY-TWO DAYS OF DECEMBER OF THE YEAR TWO THOUSAND ELEVEN. -REGISTERED UNDER NO. 26,733-AMADO BOUDOU. -JULIAN A. DOMINGUEZ. -Gervasio Bozzano. -Juan H. Estrada.

Date of publication: 28/12/2011

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