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ARGENTINA: Court Approves Plea Agreement for White-Collar Crimes

In a landmark decision, a court in Argentina has ratified a plea agreement between prosecutors and defendants accused of white-collar crimes, including fraud against public administration and bribery.

Background

The agreement was reached during the pre-trial stage of the criminal procedure, and allows defendants to cooperate with investigators in exchange for reduced charges. The benefits of the agreement will be reflected in the sentence handed down by the court.

Under Argentina’s Law No 27,304, certain defendants can collaborate with investigations into corruption-related crimes, including fraud against public administration, influence-peddling, bribery, and other crimes related to government administration. The law also allows for similar agreements between corporations and prosecutors.

Rationale

The plea agreement was ratified by a judge after verifying that the defendant was not under coercion and that the conviction was proportionate. In cases involving multiple defendants, all parties must agree on the conviction and acknowledgement of facts.

Benefits

The court’s decision is seen as a significant step towards combating white-collar crime in Argentina. By offering defendants the opportunity to cooperate with investigations and plead guilty, the country is sending a strong message that it will not tolerate corrupt behavior.

Penalties for White-Collar Crimes

According to Section 173 of the Criminal Code, anyone who “by law, authority or legal act, was in charge of the management, administration or care of pecuniary goods or interests of others” can be punished with imprisonment from one month to six years if they commit fraud for personal gain or to damage the interests entrusted to them.

Punishment for Bribery and Influence-Peddling

The punishment for bribery and influence-peddling is also outlined in the Criminal Code, with penalties ranging from one to six years’ imprisonment and a fine of two to five times the unlawful benefit obtained. In cases involving public officials, special disqualification can be imposed in addition to the sentence.

Conclusion

The plea agreement approved by the court marks an important shift towards addressing corruption and white-collar crime in Argentina. By offering defendants the opportunity to cooperate with investigations and plead guilty, the country is sending a strong message that it will not tolerate corrupt behavior.

Argentina’s Law No 27,304 on Collaboration Agreements for Corruption-Related Crimes
Criminal Code of Argentina: Sections 173-268
White-Collar Offences in Argentina: An Overview