New Code of Criminal Procedure

The new Code changes the nature of criminal proceedings. The Prosecutor will assume plenary authority over the investigation in lieu of the Judge, who is now in charge of controlling observance of procedural rights and guarantees.

The new Code also regulates the exercise of prosecutorial discretion in the screening and assessment of a case, and introduces the possibility of terminating proceedings by way of a settlement between conflicting parties.

In general terms, the new Code provides for a more flexible investigation, with less formal constraints and a greater reliance on oral proceedings, where the nature of the case  allows.

With the objective of speedier proceedings, the new Code fixes maximum terms for the duration of the investigation and the trial, with penalties for non-compliance. 

In addition, the new rules extend the use of investigation techniques thus far limited to a fixed number of crimes, such as the use of undercover agents and informants. There is also a strong emphasis on the use of technology in the investigation of criminal activities, with the regulation of audio surveillance, remote digital surveillance and use of tracking devices.

Lastly, the new Code includes specific provisions regulating the intervention of corporations in criminal proceedings, in response to the increased number of criminal definitions triggering corporate criminal liability.

In short, the new Code represents an important change in the investigation of criminal activities in Argentina, aimed at speedier and more flexible proceedings, with a wider array of alternative dispute resolutions.