Criminal Reiterations, Recidivism, and Trial in Absentia

On March 7, 2025, Laws 27784 on Trial in Absentia and 27785 on Criminal Reiterations and Recidivism were passed. These laws impact the Argentine Criminal Code, the Federal Criminal Procedural Code, and the National Criminal Procedural Code, establishing new provisions regarding criminal proceedings.

Trial in Absentia (Law 27784)

This law establishes the trial in absentia, which allows criminal proceedings to move forward even if the accused is not present, when there are cases of severe crimes such as genocide and terrorism. To be applied, the accused needs to have been declared in absentia and reasonable efforts must have been exhausted to locate them.

The trial in absentia can move forward if:

• It is impossible to trace the accused’s whereabouts for four months after the arrest warrant was issued,
• There is no response to an extradition request.

This law also provides that trials in absentia must be recorded in audiovisual format and that the material must be preserved for 10 years. If the convicted appears later, they may request the sentence to be reviewed, if they demonstrate that they were unaware of the proceedings or had a legitimate impediment to appear.

Find here more information about Trial in Absentia.

Criminal Reiterations and Recidivism (Law 27785)

This reform adjusts the criteria on criminal reiterations and recidivism, redefining the criminal response to repeated offenses. The main changes include:

• Anyone who has received two or more final prison sentences will be considered a recidivist, even if one of them was issued abroad and recognized by Argentine courts.
• The law introduces the concept of “criminal reiteration.” This refers to cases in which a person faces multiple criminal proceedings simultaneously. This situation may be considered to restrict the person’s freedom more strictly, based on the risk of flight or hindrance of the investigation.

Find here more information about Criminal Reiteration and Recidivism.