PENAL Code Act 27304 modification.
The Senate and Chamber of deputies of the nation Argentina gathered in Congress, etc. sanction with force of law: article 1 °-replace is the article 41 ter of the code criminal by the following: article 41 ter: them scales criminal may reduce is to them of the attempt with regard to them participants or authors by some crime of them detailed then in this article, when during the conduct of the process of which are part, provide information or data accurate verifiable and credible. The process on which contribute data or information should be linked with any of the following offences: to) 23.737 offences of production, traffic, transport, stocking, storage and marketing of narcotic drugs, chemical precursors or any other raw materials for their production or manufacture provided for in the law or which in the future to replace it, and the Organization and financing of such offences; (b) offences under section XII, title I of the customs code; (c) all applicable that article 41 d of the criminal code; (d) offences set forth in articles 125, 125 bis, 126, 127 and 128 of the criminal code; (e) offences envisaged in the articles 142 bis, 142 ter and 170 of the code criminal; (f) offences envisaged in the articles 145 bis and 145 ter of the code criminal; (g) offences committed under the terms of articles 210 and 210 bis of the Penal Code; (h) offences provided in those chapters VI, VII, VIII, IX, IX bis and X of the title XI and in the subsection 5 of the article 174, of the code criminal; (i) offences under Title XIII of book two, of the criminal code. For the origin of this benefit will be necessary that the data or information provided contribute to avoid or prevent the start, the permanence or consummation of a crime; clarify the made object of research or other related; reveal the identity or the whereabouts of authors, co-authors, instigators or participants of these acts investigated or of others related; provide sufficient information enabling a significant advance of the research or whereabouts of victims deprived of their liberty; find out the destination of those instruments, goods, effects, products or profits of the crime; or indicate sources of financing of criminal organizations involved in the Commission of the offences set forth in this article. When the crime attributed to the accused is repressed with prison or detention perpetual, the penalty only may reduce is until the fifteen (15) years of prison. The reduction of penalty will not proceed with respect to the penalties of disqualification or penalty.
https://www.boletinoficial.gob.ar/pdf/linkQR/bzFERFV4Yml6SUpycmZ0RFhoUThyQT09 article 2 ° - merge as article 276 bis of the criminal code the following: Article 276 bis: will be repressed with prison of four (4) to ten (10) years and with the loss of the benefit granted which, to the benefit of article 41 ter, proporcionare maliciously false information or inaccurate data.
Article 3 °-opportunity. The agreement with the defendant repented about the provisions of article 41 ter of the criminal code must be done before the auto elevation trial, closing the high school research or equivalent procedural act. The information that you provide shall relate only to the wrongful acts of which has been participant and subjects whose criminal responsibility is equal to or greater than the of the repentant accused. Officials who have exercised, or are exercising charges subject to the process of impeachment pursuant to the Constitution may not conclude collaboration agreements. The agreements provided for in this law and its benefits shall not apply in proceedings where crimes against humanity are investigated.
Article 4 ° - when the reduction of the penal scale provided for in article 41 ter of the Penal Code appears as probable, will be held for the purposes of the release or exemption from prison, according to the common rules of procedure.
Article 5 - criteria for applying the benefits. To grant the benefits established in article 41 ter of the Penal Code, shall be considered: to) the type and scope of the information provided; (b) the usefulness of the information provided to achieve the intended purposes; (c) the time trial in which the accused provides the collaboration; (d) the seriousness of the crimes that the accused has contributed to clarify or prevent; (e) the gravity of the acts attributed to him and the responsibility that corresponds to them. It will benefit especially to who repenteth in the foreground.
Article 6 - acts of collaboration. Record. Statements which the repentant accused carried out in the framework of the collaboration agreement must register through any suitable technical means that will ensure their subsequent evaluation.
Article 7 °-agreement of collaboration. Formal requirements. The collaboration agreement will be held in writing, and must indicate clearly and precisely the following: to) the determination of the facts attributed, the degree of involvement that is atribuyere le to the accused-regretful and tests that merges the imputation; (b) the type of information to provide for the accused repentant: name of other co-authors or participants; details of time, method and location of the incident for which collaboration; brindare phones or other data communication with sponsors or partners; accounts Bank u another information financial e identification of societies or other entities used for place, disguise or transfer them funds illicit used or the product or advantage of the crime; other documentation or any other data that is reputare valuable to the advancement of research or clarify the facts why the collaboration; brindare
https://www.boletinoficial.gob.ar/pdf/linkQR/bzFERFV4Yml6SUpycmZ0RFhoUThyQT09 c) the benefit that would be awarded for the collaboration provided by the accused-regretful.
Article 8 - cooperation agreement procedure. The partnership agreement will be held between the Prosecutor and the brindaren information in the terms of article 41 ter of the criminal code and this law. In all those cases, the accused repentant will count with the assistance of his Defender.
Article 9 °-agreement of cooperation concluded with the tax. To the celebrate is the agreement between the fiscal and the accused repentant, the same is presented for your approval before the judge of the cause.
ARTICLE 10. -Approval of the agreement of collaboration. He judge that intervene in the approval approve or reject the agreement presented in an audience convened to the effect with the presence of the accused repentant, his defender and the fiscal of the cause. The judge will hear the parties and ensure is that the repentant accused have due knowledge of the scope and the consequences of the signed agreement. He judge approve the agreement if the accused repentant had acted voluntarily and is had fulfilled them others requirements expected in the terms of the article 41 ter of the code criminal and of the present law. The judicial rejection of the agreement will be appealed by both parties. If the approval outside rejected Finally, them performances must be reserved and them manifestations made by the accused repentant not may rating is in his against or in prejudice of third.
ARTICLE 11. -Incorporation of the agreement to the process. If accepted, the agreement will be incorporated into the process, and the implementation of the benefit will differ at the time of the dictation of the judgment of conviction by the trial court.
ARTICLE 12. -Valuation in the instruction or stage high school. The judge must be preliminarily assess borne agreement and precautionary information provided for the purposes of the measures of the process with respect to those involved by the repentant accused.
ARTICLE 13. -Corroboration. Within a period not exceeding one (1) year, the judge or the Prosecutor shall verify the fulfilment of the obligations which the repentant accused had entered into in the framework of the agreement, especially the likelihood and utility, total or partial, of the information he had provided. During that period is suspended the deadlines of the prescription of the action criminal.
ARTICLE 14. -Protection of the repentant suspects. Defendants who cooperate in the framework of this law are achieved by the provisions of the national programme of protection of witnesses and blamed created 25.764 Act and its amendments.
ARTICLE 15. -Sentence. The Court may not issue conviction only established demonstrations performed by the accused-regretful. For the allocation of responsibility criminal on the base of these elements, the organ judicial must indicate of way accurate and founded the correlation existing between those manifestations and them remaining tests in that is sustains it condemns. The materiality of a made criminal not can test is only on the basis of those manifestations.
https://www.boletinoficial.gob.ar/pdf/linkQR/bzFERFV4Yml6SUpycmZ0RFhoUThyQT09 item 16. -Public Prosecutor. The General power of attorney shall be sent to the Bicameral Commission a detailed report of the operation and implementation of this law in terms of article 6 of law 27.148, organic of the public prosecutor's Office.
ARTICLE 17. – Repeal of article 29 ter of the 23.737 law, 25.241 law and article 31 of law 25246.
ARTICLE 18. -Invited the provinces to adopt procedural rules relating to the effects of match them the provisions contained in this law.
ARTICLE 19. -Communicate is to the power Executive national.
GIVEN IN THE CHAMBER OF THE CONGRESO ARGENTINO, BUENOS AIRES, NINETEEN DAYS AFTER THE MONTH OF OCTOBER IN THE YEAR TWO THOUSAND AND SIXTEEN.
-REGISTERED UNDER NO. 27304 - EMILIO MONZO. -JUAN C. MARINO. -Eugenio Inchausti. -John p. Tunessi.
Publication date: 11-02-2016 https://www.boletinoficial.gob.ar/pdf/linkQR/bzFERFV4Yml6SUpycmZ0RFhoUThyQT09