Draft Bill for a Revised Argentine Criminal Code

If approved, the reform will entail substantive modifications to both the general provisions and the actual definition of criminal offenses.

With regards to general provisions, the draft bill defines applicable monetary penalties in greater detail. In this sense, the Commission’s proposal clarifies the extent to which disgorgement of the proceeds of a crime is proper. Under certain circumstances, disgorgement could apply even in the absence of an actual conviction.

The proposal also broadens the scope of offenses for which a legal entity may be held criminally liable. For instance, companies would be subject to criminal sanctions deriving from environmental crimes and intellectual property crimes, when committed in their name, on their behalf or for their benefit.

In terms of criminal definitions, the draft bill introduces substantive changes to corruption related statutes. For one, it contemplates a general increase in applicable penalties. In addition, it introduces radically new offenses such as negligent failure to prevent corruption and private-to-private bribery.

Criminal tax provisions would also undergo important modifications. For example, the proposed Code includes new cases of aggravated tax fraud, when the defendant relies on fiduciary structures and non-cooperating jurisdictions. For criminal foreign exchange regulations, the draft bill prioritizes monetary fines in lieu of jailing and imprisonment.

The Commission has clearly placed significant emphasis on technology crimes, as shown by the introduction of new stand-alone offenses. These include distribution or sale of decryption technology, and non-consensual disclosure of intimate images or videos.

Lastly, the draft bill includes considerable reforms in connection with intellectual property crimes. Most notably, the proposal introduces penalties for the sale or distribution of decryption technology, and defines the organization of third-party sale of counterfeit products as a stand-alone offense. 

In short, the Commission’s proposal confirms the expanding trend of criminal legislation and its ever-increasing focus on economic activities.