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Laws on International Cooperation in Criminal Matters in Argentina

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Argentina has laws that facilitate international cooperation in criminal matters. Here’s a summary of the key points.

Law on International Cooperation in Criminal Matters N° 24,767

This law allows for the enforcement of penalties imposed by foreign countries in Argentina under certain conditions:

  • The offense must be punishable under Argentine law.
  • The sentence must be final.
  • The convicted person must not have been prosecuted in Argentina or another country for the same conduct.
  • The convicted person’s defense must have been guaranteed.
  • Certain circumstances (not specified) do not apply.

Assistance may include:

  • Imposition of fines
  • Seizure of property
  • Disqualification

The request must be submitted through diplomatic channels. The Ministry of Foreign Affairs, International Trade and Worship may agree with the requesting state to retain a portion of the proceeds or property obtained as a result of the execution process.

Law on International Cooperation in Criminal Matters N° 24,737

This law allows for cooperation between Argentina and foreign countries in the investigation and prosecution of crimes. Measures may include:

  • Location and tracking of assets
  • Execution of embargoes or other precautionary measures to freeze assets

Administration and Custody of Assets Seized in Criminal Proceedings

The administration and custody of assets seized in criminal proceedings is the responsibility of the judges hearing the cases. Matters relating to the custody and disposal of seized assets must comply with the provisions of Law 20,785.

Decree no. 598/2019

This decree assigns the management of assets seized in civil actions for forfeiture of ownership (DNU N° 62/2019) to the Agency for the Administration of State Assets (AABE). The AABE is responsible for disposing of these assets, following suitable mechanisms adapted to the modalities of the country where such disposal takes place. The guiding principles of publicity, price competition, and equal treatment of bidders must be applied.

Note: This summary is based on a translation of the laws and may not be exhaustive or entirely accurate. It’s always recommended to consult the original texts in Spanish for more detailed information.