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Criminal Code criminal 26.734 law code 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 sanctioned with force of law: article 1 - article 213 ter of the criminal code be repealed.
Article 2 °-repeal is the article 213 quater of the code criminal.
Article 3º - joining the first book, title V, article 41 d of the criminal code, the following text: article 41 d: when any of the offences set forth in this code have been committed in order to terrorize the population or compel public authorities national or foreign Governments or agents of an international organization to perform an act or to refrain from doing so , the scale will increase in the double of the minimum and the maximum. Them aggravating planned in this article not is apply when the or them made of that is try to have place in occasion of the exercise of rights human or social or of any other law constitutional.
Article 4 °-renumber is the articles 306, 307 and 308 of the code criminal of the nation as articles 307, 308 and 309, respectively.
Article 5 °-incorporate it to the title XIII of the code criminal the following article: article 306: 1. Shall be punished with imprisonment of five (5) to fifteen (15) years and a fine of two (2) to ten (10) times the amount of the operation, which directly or indirectly collects or provides goods or money, with the intention to use, or knowing that it will be used, in whole or in part: a) to finance the Commission of an offence for the purpose provided for by article 41 d; (b) by an organization that commits or attempts to commit crimes in order to established in article 41 d; (c) an individual who commits, attempts to commit or participate in any way in the Commission of crimes in order to established in the article 41 d.
https://www.boletinoficial.gob.ar/pdf/linkQR/THJtOVRERXF1WnBycmZ0RFhoUThyQT09 2. The penalties established shall apply irrespective of the occurrence of the offence to which financing will bring and, if it was committed, even if the goods or money were not used for its Commission. 3 If the planned criminal scale for the crime that is funded or intends to finance less than established in this article, shall apply to the case the penal scale of the offence concerned. ((4. them provisions of this article will govern even when the illicit criminal that is aims to finance has place out of the field of application space of this code, or when for the subsection b) and c) it organization or the individual is found out of the territory national, insofar as the made also had State sanctioned with penalty in the jurisdiction competent for its judging.
Article 6º - are considered to be included for the purposes of article 1º of the 25.241 law, the criminal actions committed with the specific purpose of the article 41 d of the criminal code. The provisions of articles 6, 30, 31 and 32 of the law 25.246 and seventh paragraph 23, 304 and 305 of the Penal Code shall also apply with respect to crimes committed with the specific purpose of article 41 d and article 306 of the criminal code. The financial information unit may provide by resolution founded and with communication to the competent judge, the administrative freezing of assets linked to criminal proceedings under article 306 of the criminal code, as the rules dictate it.
Article 7º - replaced subsection e) of paragraph 1) of article 33 of the code procedure criminal of the nation, by the following: e) offences provided for in articles 41 d, 142 bis, 142 ter, 145 bis, ter 145, 149 ter, 170, 189 bis (1), (3) and (5), 212, 213 bis and 306 of the criminal code.
Article 8º - 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. 26,734 - AMADO BOUDOU. -JULIAN A. DOMINGUEZ. -Gervasio Bozzano. -John H. Estrada.
Date of publication: 28/12/2011 https://www.boletinoficial.gob.ar/pdf/linkQR/THJtOVRERXF1WnBycmZ0RFhoUThyQT09
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