CRIMES complex crimes complexes Act 27319 research, prevention and control of complex crimes. Tools. Faculties.
The Senate and Chamber of deputies of the Argentina nation gathered in Congress, etc. they attest to the force of law: article 1 - this law aims to give police forces and security, the judiciary and the public prosecutor's Office the tools and powers necessary to be applied to research, prevention and control of crimes complex, regulating the figures of the undercover agent, telling agent, informant, controlled delivery and extension of jurisdiction. Its implementation must be governed by principles of necessity, reasonableness and proportionality. This law is of public order and complementary of the provisions of the Criminal Code of the nation.
(Article 2 - the following special investigative techniques will be coming in the following cases: to) 23.737 offences of production, traffic, transport, stocking, storage and marketing of narcotic drugs, precursor chemicals or 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 set forth in articles 142 bis, 142 ter and 170 of the Penal Code; (f) offences provided for in the articles 145 bis and ter of the Penal Code; (g) offences committed by unlawful associations under the terms of articles 210 and 210 bis of the Penal Code; (h) offences covered by book two, title XIII of the criminal code.
Agent undercover article 3 - will be considered covert agent that staff of the authorized, qualified, security forces who consents and hiding their identity, infiltrates or enters the criminal organizations or associations criminal, in order to identify or arrest the perpetrators, participants or accomplices, prevent the consummation of a crime, or to gather information and evidence necessary for research , with judicial authorization.
Article 4 ° - ready action by the judge, ex officio or at the request of the public prosecutor, his designation https://www.boletinoficial.gob.ar/pdf/linkQR/Y2ZXZ1pNMTUxaXBycmZ0RFhoUThyQT09 and the instrumentation required for your protection will be provided by the Ministry of security of the nation, with judicial control. The Ministry of security will be responsible for the selection and training of the personnel assigned to perform such functions. Members of designated security or police forces may not have a criminal record.
Agent developer article 5 ° - will be considered agent revealing all that the forces of police appointed in order to simulate interest and/or execute the transport, purchase or consumption, for himself or for third-party money, goods, people, services, weapons, narcotic drugs or substances psychotropic, or participate in any other activity of a criminal group, in order to identify persons involved in a crime or security stop them, seize assets, liberate victims or gather evidence that serves to clarify the illicit facts. In this regard, the actions of the developer agent is not continued execution nor is perpetuated in time, therefore, it is not intended to infiltrate into criminal as part of these organizations.
Article 6 - the judge, ex officio or at the request of the public prosecutor's Office, are available to agents of the police forces and security activity carried out the tasks required in order to reveal any of the conduct provided for in this law, acting as developers agents. To this end it will be responsible for the designation of agent developer and the instrumentation required for its performance.
Common regulations article 7 - information that the undercover agent and the agent developer are achieving, will be immediately put in knowledge of the judge and the representative of the public attorneys involved in the way that proves more convenient to enable the fulfillment of his task and avoid the disclosure of their role and identity.
Article 8 - the undercover agent and developer agent will be called to judgment only when his testimony becomes absolutely essential. When the Declaration significare a risk to its integrity or that of other people, or when you frustrare a further intervention, technical resources so that it can be identified will be employed to the declarant by his voice or his face. The declaration provided under these conditions shall not constitute a deciding test to the sentencing of the accused, and must be carried with special caution by the intervening Court.
Article 9 - not punishable the undercover agent or developer agent than as a necessary consequence of the development of the assigned performance, would have been compelled to engage in a crime, provided that this does not endanger certain life or the physical or psychological integrity of a person or the imposition of a severe physical suffering or moral to another.
ARTICLE 10. -When the undercover agent or developer agent had been charged in a process, they will be confidentially know its character to the intervening judge, who shall seek the relevant information to the corresponding authority in reserved form. The case corresponds to the provisions of the preceding article, the judge will resolve it without revealing the identity of the accused.
https://www.boletinoficial.gob.ar/pdf/linkQR/Y2ZXZ1pNMTUxaXBycmZ0RFhoUThyQT09 article 11. -Any member of the police or security forces may be forced to act as covert as telling agent agent. The refusal to do so will be not considered as unfavorable to no effect background.
ARTICLE 12. -When compromising the safety of the person who has acted as undercover agent or developer agent for having revealed his true identity, this shall have the right to choose between staying active or moving to retirement, the number of years of service that had any were. In the latter case recognize you a haber of retirement equal to the corresponding who have two (2) degrees of higher ranks that fulfilled its function. They must be taken, if necessary, appropriate measures of protection, with the scope provided for in the legislation on protection to witnesses and charged. The adoption of the provisions contained in this Act shall be subject to a test of reasonableness, with restrictive criteria, whereby the judge must evaluate inability to use a more appropriate measure for establishing the facts that motivate the research or the whereabouts of the perpetrators, participants or accomplices.
Reporting article 13. -Will have character of informant person who, subject to identity, in Exchange for a profit, contribution to the forces of security, police or other agencies responsible for the investigation of illicit facts, data, reports, testimony, documentation or any other element or relevant and useful reference allowing initiate or lead the research for the detection of individuals or organizations devoted to planning preparation, Commission, support or financing of the offences referred to in this law.
ARTICLE 14. -The informant shall not be agent of the State. You should be notified that collaborate on research in that character and will ensure that their identity will be kept in strict reserve. The Ministry of security of the nation shall adopt the provisions necessary in order to regulate issues relating to the origin and form of economic consideration. The information provided by the informant if this violates the prohibition of reporting established in article 178 of the criminal procedural code of the nation will not be admissible. If necessary, appropriate protection measures must be taken to safeguard the life and the physical integrity of the informant and his family.
Delivery monitored article 15. -The judge, ex officio or at the request of the public prosecutor, in unilateral hearing, may authorize that it is defer the arrest of people or hijacking of goods when he considers that the immediate implementation of these measures can compromise the outcome of the investigation. The judge may even suspend the interception on Argentine territory of an illicit consignment and allow enter, circulate or leave the national territory, without interference of the competent authority and under its control and surveillance, in order to identify participants, gather information and elements of conviction necessary to research provided any security that will be monitored by the judicial authorities of the country of destination. This measure must be provided by founded resolution.
ARTICLE 16. -The judge may order at any time, the suspension of controlled delivery and order the arrest of the participants and the kidnapping of the elements linked to the crime, if proceedings in danger the life or integrity of the persons or subsequent apprehension of the participants of the crime without prejudice to that, if that danger arises during the proceedings , public servants responsible for controlled delivery apply detention standards established for the case of flagrante delicto.
Article 17 sanctions. -The official or public employee who improperly reveals the real or new identity of an undercover agent, a developer agent or an informant, if not it configurare conduct more severely punished, shall be punished with imprisonment of four (4) to eight (8) years, fine equivalent in pesos to the six (6) units value fixed at eighty-five (85) fixed units, and perpetual absolute disqualification. The official or public employee who by imprudence, negligence or failure to comply with the duties in his charge, permits or give occasion that another known such information, shall be sentenced to imprisonment of one (1) to three (3) years, fine equivalent in weight to the value of four (4) units fixed to sixty (60) fixed units and special disqualification of three (3) to ten (10) years. For the purposes of this Act, a (1) fixed unit is equivalent to (1) minimum, vital and mobile wage updated at the time of the sentence.
Extension of jurisdiction article 18. -When it is located in danger the life of the victim or their physical or psychological integrity or the delay in the procedure may affect the outcome of the investigation, the judge and the Prosecutor of the case may act in foreign territorial jurisdiction, ordering the proceedings to understand relevant prevention authorities, and must communicate statements to the judge of the place within a period not to exceed twenty-four (24) hours.
Final provisions article 19. -Repeal of articles 31 bis, 31 ter, 31 quater, 31 d, 31 sexies, 33 and 33 bis of the 23.737 law.
ARTICLE 20. -Communicate to the national executive power.
GIVEN IN THE CHAMBER OF THE CONGRESO ARGENTINO, BUENOS AIRES, TO THE TWO DAYS OF THE MONTH OF NOVEMBER IN THE YEAR TWO THOUSAND SIXTEEN.
-REGISTERED UNDER NO. 27319 - EMILIO MONZO. -FEDERICO PINEDO. -Eugenio Inchausti. -John p. Tunessi.
Publication date: 11-22-2016 https://www.boletinoficial.gob.ar/pdf/linkQR/Y2ZXZ1pNMTUxaXBycmZ0RFhoUThyQT09