Punishment Scale for Offences in Argentina: A New Theory
In recent times, a new theory has emerged in Argentina’s criminal justice system, proposing that the punishment scale for certain offences should be limited to three years or less of imprisonment. This theory requires the consent of the prosecutor and applies to specific crimes.
Eligibility Criteria
To qualify for this punishment, the accused must meet the following criteria:
- Have no prior criminal record
- Agree to cooperate with authorities
The suspension of prosecution will only proceed if the crime did not involve a public official acting in their official capacity, does not carry a disqualification penalty, and is not related to customs or taxes.
Consequences
If the judge grants the suspension, the criminal action will be terminated provided all conditions are met. Additionally, a summary proceeding can also be an option for certain crimes. In this case, the prosecutor, accused, and defense agree to avoid trial and conclude the process with a penalty.
Plea Agreements
Law 27304 allows individuals to voluntarily acknowledge their participation in certain crimes, such as trade, drug possession, customs crimes, and financial fraud. By doing so, they can receive a reduced sentence if they provide relevant information about the crime and its perpetrators.
Process
The collaboration agreement must be registered and approved by the judge after an interview with the accused to confirm their understanding of the situation. The accused will then enter into a plea agreement with the public prosecutor’s office, and the benefit of a reduced sentence will be granted.
White-Collar Offences
Argentina’s Criminal Code regulates various white-collar crimes, including:
- Fraud administration
- Bribery
- Influence peddling
- Related offences
Penalties
Fraud administration is punishable by imprisonment for one month to six years. Bribery and influence peddling are criminalised under Sections 256-259 of the Criminal Code and carry penalties ranging from one to six years in prison.
In addition, the code provides for more severe punishments when the crime is committed against judges or prosecutors, with maximum sentences of up to 12 years in prison. Public officials who receive or offer gifts as a result of their office may be subject to reduced penalties.
Anti-Bribery Regulation
To prevent bribery and influence peddling, Argentine legislation has enacted Law 27401, which governs corporate criminal liability for such crimes. Corporations can avoid criminal liability by:
- Implementing anti-bribery programmes
- Cooperating with investigations
- Returning benefits
Programme Requirements
The programme must include actions to promote integrity and control mechanisms to prevent illicit activities. In some cases, corporations may also be required to pay fines or return benefits as part of their punishment.