Spouses and Agents Liable for Financial Crimes in Argentina: A Guide
In Argentina, spouses and agents can be held liable for financial crimes such as bribery and corruption. While associated persons are not considered principal offenders, they can still face punishment if they facilitate the commission of a crime.
Authorities and Enforcement
The Argentine federal criminal courts have the power to hear cases involving bribery and corruption, conduct investigations, and order searches and seizures. The national and local police forces are at the disposal of these courts to perform their duties. Additionally, the prosecutor can delegate investigative powers to other authorities.
Prosecution Powers
The courts have broad powers under the Code of Criminal Procedure, including:
- Requesting reports from public and private agencies
- Ordering procedural and precautionary measures to prevent obstruction and escape
- Detaining accused individuals
- Prohibiting individuals from leaving the country
- Seizing and freezing assets
- Issuing search warrants
- Confiscating assets
Powers of Interview, Search, and Compulsion
Judges and prosecutors can conduct interviews with witnesses, while police forces can perform or execute witness interviews by order of the authorities. Accused individuals’ statements can only be taken by a judge.
Court Orders and Injunctions
The courts have the power to issue orders and injunctions, including:
- Lifting secrecy orders
- Detaining accused individuals
- Seizing assets
Decision to Charge
The decision to charge is made by the prosecutor based on evidence gathered during investigations. Alternative methods of disposal include plea bargaining and alternative sentencing.
Convictions and Sanctions
Convicted individuals can face:
- Imprisonment
- Perpetual disqualification from public office
- Fines
Legal entities can also be held criminally liable for corruption crimes.
Safeguards
Investigations are safeguarded through the use of court orders, warrants, and other legal procedures. There is a process of appeal and judicial review to ensure fairness and due process.
Tax Treatment
While the Income Tax Law does not explicitly prohibit deducting bribes as business expenses, it does state that net losses arising from illegal operations are non-deductible. Additionally, the government has stated that the deductibility of bribes is implicitly prohibited by Argentine tax law.