White-Collar Crimes in Argentina: Understanding the Laws

White-Collar Offenses

In Argentina, white-collar crimes are taken seriously and are subject to strict regulations. Here’s an overview of some key points:

Plea Agreements and Collaboration Agreements

• Plea agreements: Individuals can voluntarily acknowledge charges for certain crimes, including:
  • Trade-related offenses
  • Drug possession
  • Customs crimes
  • Financial crimes
  • Illicit associations
• Collaboration agreements: Accused individuals can enter into a collaboration agreement with the public prosecutor’s office, which may result in a reduced sentence.

Crimes Against Public Administration

The Criminal Code regulates bribery and influence peddling as crimes against the public administration. Key points include:

• Active bribery: A person gives or offers goods to receive a benefit from a public official (1-6 years imprisonment).
• Passive bribery: A public official receives benefits in exchange for a benefit (1-6 years imprisonment).
• Additional punishments:
  • Active case: 12 years imprisonment
  • Passive case: 4-12 years imprisonment

Corporate Fraud and Criminal Company Law

The Criminal Code regulates fraud administration, requiring mens rea and an additional purpose to gain a benefit or cause harm.

Embezzlement of Public Funds

Sections 262-264 define embezzlement, including unjustifiable delays in payments.

Anti-Bribery Regulation

Law 27401 governs corporate criminal liability for crimes of bribery and influence peddling. Key points include:

• Prevention programs: Corporations can avoid criminal liability by implementing a prevention program.
• Co-operation with investigations: Corporations must co-operate with investigations to avoid criminal liability.
• Returning benefits: Corporations that return benefits received through bribery or influence peddling may be eligible for reduced sentences.