White-Collar Crimes in Argentina’s Criminal Code
Overview of White-Collar Crimes
Argentina’s Criminal Code outlines various white-collar crimes that are punishable by law. These crimes include fraudulent activities, bribery, influence peddling, and other related offenses.
1. Criminal Company Law and Corporate Fraud
- This section discusses the crime of fraud administration, which requires proof of mens rea (guilty mind) and an additional purpose to gain a benefit or cause harm.
- It provides a detailed understanding of this specific type of fraud and its consequences.
2. Bribery, Influence Peddling and Related Offenses
The Criminal Code establishes bribery of public officials and influence peddling as crimes against the public administration (Sections 256-259).
Penalties:
- One to six years in prison for bribery and influence peddling
- Additional punishments for active bribery and passive bribery involving judges or prosecutors
3. Anti-Bribery Regulation
Law 27401 governs corporate criminal liability for crimes such as bribery and influence peddling.
Corporation’s Role:
- Implement a programme to prevent these crimes
- Cooperate with investigations
- Return benefits