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-Repeal article 213 ter of the Penal Code.
ARTICLE 2-Repeal Article 213 c of the Penal Code.
ARTICLE 3-Incorporate the First Book, Title V, as article 4d of the Penal Code, the following text:
Article 4d: Where any of the offences provided for in this Code have been committed for the purpose of terrorising the population or forcing the national public authorities or foreign governments or agents of an organisation The scale will be increased by double the minimum and the maximum to perform an act or refrain from doing so. The aggravations provided for in this Article shall not apply where the facts or facts in which they are dealt with are in the case of the exercise of human and/or social rights or of any other constitutional right.
Article 4-List Articles 306, 307 and 308 of the Criminal Code of the Nation as Articles 307, 308 and 309, respectively.
ARTICLE 5-Incorporate Title XIII of the Penal Code the following article:
Article 306: 1. It will be repressed with imprisonment of five (5) to fifteen (15) years and fine of two (2) to ten (10) times the amount of the operation, which will directly or indirectly collect or provide goods or money, with the intention of being used, or knowingly shall be used, in whole or in part: (a) to finance the commission of a crime for the purpose set out in Article 4d; (b) by an organisation which commits or attempts to commit offences for the purpose set out in Article 4d; (c) By an individual who commits, attempts to commit or participate in any way in the commission of offences for the purpose set out in Article 4d.
2. The penalties established shall apply regardless of the occurrence of the crime to which the financing is intended and, if it is committed, even if the goods or money are not used for their commission. 3. If the criminal scale foreseen for the crime that is financed or intended to be financed is less than that set out in this article, the criminal scale of the crime in question shall apply to the case. 4. The provisions of this Article shall be governed even if the criminal offence which is intended to be financed is outside the scope of the spatial application of this Code, or where in the case of point (b) and (c) the organisation or the individual is found to be outside the national territory, as long as the fact had also been punishable in the jurisdiction of jurisdiction for its judgment.
Article 6-The criminal actions committed for the specific purpose of Article 4d of the Penal Code shall be considered to be within the meaning of Article 1 of Law 25.241. The provisions of Articles 6, 30, 31 and 32 of Law 25.246 and 23 seventh paragraph, 304 and 305 of the Criminal Code shall also apply in respect of offences committed for the specific purpose of Article 4d and Article 306 of the Criminal Code. The Financial Reporting Unit may provide, by means of a decision which is founded and with immediate communication to the competent court, the administrative freezing of assets linked to the criminal actions provided for in Article 306 of the Criminal Code, as the rules dictate.
ARTICLE 7-Substitute Article 33 (1) (e) of the Code of Criminal Procedure of the Nation, as follows: (e) The offences provided for in Articles 41 (d), 142 (a), 142 (b), 145 (a), 145 (b), (c), (c), (d), (d), (c), (c), (c), (c), (c), (c), (c), (5), 212, 213 bis and 306 of the Criminal Code.
ARTICLE 8-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. 26,734-AMADO BOUDOU. -JULIAN A. DOMINGUEZ. -Gervasio Bozzano. -Juan H. Estrada.
Date of publication: 28/12/2011