Argentina’s Punishment Scale for White-Collar Crimes

A New Development in Criminal Justice

A recent ruling in Argentina’s criminal justice system has shed light on the punishment scale for white-collar crimes. According to this new framework, the maximum sentence for such offenses is three years or less of imprisonment.

Exceptions and Options

• Accused individuals can request suspension of their sentence if they have no prior criminal record.
• However, there are certain exceptions that apply:
  • The suspension will not be granted if a public official was involved in the crime while exercising their duties.
  • If the offense carries a disqualification penalty.
  • If customs and taxes were involved.
• A summary proceeding is another option available to accused individuals. This process involves an agreement between the prosecutor, the accused, and the defense to avoid trial and conclude the process with a penalty.

Collaboration Agreements

Another development in Argentina’s legal system is the concept of collaboration agreements. Under this framework, individuals can voluntarily acknowledge their participation in a crime and provide relevant information regarding the maneuvers and third parties involved.

• If the information provided is confirmed, the individual will have a degree of attempted participation.
• The benefits of these collaboration agreements include:
  • A reduced sentence, subject to the point at which the sentence is passed.
• However, if the agreement is rejected by the judge, everything that has been done will be reserved and cannot be used against the accused collaborator or any other third party.

White-Collar Offenses

Argentina’s Criminal Code regulates various white-collar offenses, including:

• Fraud administration: punishable by a sentence of imprisonment ranging from one month to six years.
• Bribery: punished with imprisonment for one to six years.
• Influence peddling: punished with imprisonment for one to six years.
• Embezzlement of public funds: can result in imprisonment for up to 12 years.

Anti-Bribery Regulation

Argentina has also implemented measures to prevent bribery and influence peddling through Law 27401. This law governs corporate criminal liability for crimes of this nature and provides that corporations are not criminally liable if they:

• Implement a programme to prevent such crimes.
• Co-operate with investigations.
• Return the benefits.

The programme must include:

• Actions
• Procedures to promote integrity
• Control to prevent illicit actions

Conclusion

Argentina’s punishment scale for white-collar crimes has undergone significant changes in recent times. These developments aim to combat corruption and ensure that individuals and corporations are held accountable for their actions.