Penal Code criminal law 27302 modification.
The Senate and Chamber of deputies of the Argentina nation gathered in Congress, etc. (sanctioned with force of law: article 1 - replace article 5 of law 23.737 by the following: article 5: shall be punished with imprisonment of four (4) to fifteen (15) years and a fine of forty-five (45) to novecientas (900) fixed units that unauthorized or illegitimate target: to) sow or cultivates plants or save seeds, chemical precursors or any other raw material to produce or manufacture narcotic drugs , or items intended for such purposes; (b) produces, manufactures, extracts or prepare narcotics; c) trade with narcotic drugs, chemical precursors or any other raw materials for their production or manufacture or have them for marketing purposes, distribute them, or give in payment, or to store or transport; d) traded with plants or their seeds, can be used to produce narcotic drugs, or have them for marketing purposes, distribute them, or give them in payment, or store them or transport; (e) deliver, provide, apply or provide other narcotic drugs for consideration. If it is free of charge, applies imprisonment of three (3) to twelve (12) years and a fine of fifteen (15) to three hundred (300) fixed units. If the facts referred to in the preceding subparagraphs were executed by who develops an activity whose exercise depends on an authorisation, license or authorization of public power, applies, in addition, special disqualification of five (5) to fifteen (15) years. En_el_caso_de subsection to), when by the scant amount of planted or cultivated and other circumstances, emerges unequivocally that she is destined to obtain narcotic drugs for personal consumption, the penalty shall be one (1) month to two (2) years in prison, and articles 17, 18 and 21 shall apply. En_el_caso_de subsection e) of this article, when delivery, supply or facilitation is casually and gratuitously and by its small volume and other circumstances, unequivocally suggests that is for personal use of who receives it, the penalty shall be six (6) months to three (3) years in prison and, if appropriate, shall apply articles 17 18 and 21.
Article 2 - replace article 6 of the law 23.737 by the following: article 6: shall be punished with imprisonment of four (4) to fifteen (15) years and fine of forty-five (45) to novecientas (900) fixed units which introduce the country manufactured narcotic drugs or at any stage of its manufacture, chemical precursors or any other matter raw materials intended for their manufacture or production having made a correct presentation before customs and subsequently it unlawfully alter their intended use.
https://www.boletinoficial.gob.ar/pdf/linkQR/YUZJTVVFU0R5UXhycmZ0RFhoUThyQT09 in such cases the penalty shall be three (3) to twelve (12) years in prison when it suggests unequivocally, by its quantity, to them will not be devoted to marketing within or outside the national territory. If the facts were made by who to develop an activity whose exercise depends on authorisation, licence or authorization of public power, shall apply in addition special disqualification of five (5) to twenty (20) years.
Article 3 - Replace article 7 of the law 23.737 by the following: article 7: shall be punished with imprisonment of eight (8) to twenty (20) years and a fine of ninety (90) to thousand eight hundred (1,800) fixed units, which organize or finance any of the illicit activities referred to in articles 5 ° and 6 ° of this law, and the articles 865 (, subsection h), and 866 law 22.415.
Article 4 - replaced article 24 of law 23.737 by the following: article 24: who, without authorization or illegitimate purpose, enter chemical precursors in the area of border security, shall be punished with imprisonment of one (1) year to six (6) years, fine of fifteen (15) to three hundred (300) fixed units and special disqualification of one (1) to four (4) years. Also the confiscation of the merchandise will be available in breach, without prejudice to other penalties which may be applicable.
Article 5 - replace article 27 of law 23.737 by the following: article 27: in all cases in which the perpetrator of a crime under this law commits it not present as agent of a legal entity and the required property for the author it but the legal person, shall be punished as if the author introduced this feature. Where any offence under this law is committed by a legal person, shall apply to this fine of two hundred thirty (230) thousand eight hundred (1,800) fixed units, without prejudice to the sanctions that apply to authors and participants who have acted in his name, representation, interest or benefit. In case of recidivism, be sanctioned with the cancellation of the legal personality.
Article 6 - replace article 30 of law 23.737 by the following: article 30: the judge will have the destruction by the appropriate national authority of the narcotics in infringement or elements intended for their manufacture, unless they belong to a non liable third party or which could be exploited by the same authority, leaving express evidence of use to assign them. Plant species Papaver somniferum L, Erythroxylon coca Lam and Cannabis sativa l. shall be destroyed by incineration. In all cases, previously, you must practice expertise to determine their nature, quality and quantity, preserving samples necessary for the conduct of the cause or any new skills, samples will be destroyed when the process is finally done. At the request of the national register of chemical precursors set out in article 44, the judge will deliver a sample to carry out an expertise to determine the nature and quantities of precursors and chemical substances present in the same. This procedure will be carried out in accordance with the regulations issued in this regard. The destruction referred to in paragraph first will be held in public act within five (5) days of practising the corresponding expertise and separation of samples in the presence of the judge or the Registrar of the Court and two (2) witnesses and will be invited to the competent authorities of the Executive power of the respective area.
There will be evidence of the destruction in the minutes to be added to the record of the case signed by the judge or the Registrar, witnesses and officials present. Also be the confiscation of goods and instruments used for the Commission of the offence, unless they belong to a person outside the fact and the circumstances of the case or objective elements show could not meet such illicit employment. It will also proceed to the seizure of economic benefit obtained by crime.
Article 7 - article 44 of law replaced 23.737 by the following: article 44: the national executive power shall draw up and update periodically, by Decree, lists of precursors, substances or chemicals that, by their characteristics or components, can serve as a base or be used in the production of narcotic drugs. Regulation will establish what kind of mixtures containing these chemicals in their formulation is subject to control. Natural or legal persons who produce, manufacture, prepare, develop, reenvasen, distributed, marketed by greater or lesser, stored, imported, exported, transported, reloaded or perform any other type of transaction, both nationally and internationally, with substances or chemicals included in the list he referred to in the preceding paragraph, shall be entered in the national register of chemical precursors. Equal obligation shall be the natural or legal persons that manufacture, alienated, acquired, imported, exported or stored machines to make capsules, tablets or tablets. The second and third breach of the obligations set forth in paragraphs shall be punished by imprisonment of six (6) months to three (3) years, without prejudice to other penalties which may be applicable.
Article 8 ° - merge as article 44 bis 23.737 law the following: article 44 bis: that you distort the data supplied to the national register of chemical precursors or omits its presentation, shall be punished with imprisonment of one (1) to six (6) years, and disqualification special two (2) to six (6) years.
Article 9 ° - merge as article 45 of the 23.737 law the following: article 45: for the purposes of this Act, a (1) fixed unit is equivalent in pesos to the value of one (1) registration form for operators on the national register of chemical precursors.
ARTICLE 10. -Replace article 866 of the law 22.415 by the following: article 866: shall be liable to imprisonment for three (3) to twelve (12) years in any of the cases referred to in articles 863 and 864 case drug at any stage of their preparation or chemical precursors. These penalties will be increased by one third of the maximum and minimum half when any of the circumstances provided for in subparagraphs concurriere to), b), c), d) and e) of article 865, or when case of processed or semi-processed narcotics or chemical precursors, that by their quantity were unambiguously intended to be placed on the market within or outside the national territory.
ARTICLE 11. -Communicate to the national executive power.
GIVEN IN THE CHAMBER OF THE CONGRESO ARGENTINO, BUENOS AIRES, NINETEEN DAYS AFTER THE MONTH OF OCTOBER IN THE YEAR TWO THOUSAND SIXTEEN.
https://www.boletinoficial.gob.ar/pdf/linkQR/YUZJTVVFU0R5UXhycmZ0RFhoUThyQT09 - registered under no. 27302 - EMILIO MONZÓ. -JUAN C. MARINO. -Eugenio Inchausti. -John p. Tunessi.
Publication date: 11-08-2016 https://www.boletinoficial.gob.ar/pdf/linkQR/YUZJTVVFU0R5UXhycmZ0RFhoUThyQT09