11.179 LAW
(TO 1984 updated)
PENAL CODE OF THE ARGENTINE NATION
FIRST BOOK
GENERAL DISPOSITION
APPLICATION OF CRIMINAL LAW
ARTICLE 1º.- This Code will apply:
1) For crimes committed or whose effects must be produced in the territory of the Argentine Nation, or in places subject to its jurisdiction.
2) For crimes committed abroad by agents or employees of Argentine authorities in the performance of their duties.
3) For the crime provided for in article 258 bis committed abroad, by Argentine citizens or legal persons domiciled in the Argentine Republic, either that established in its statutes or that corresponding to the establishments or branches that it owns in Argentine territory .
(Article replaced by art. 29 of the Law No. 27.401 BO 1/12/2017. Validity: ninety (90) days after its publication in the Official Gazette of the Argentine Republic)
ARTICLE 2º.- If the law in force at the time the crime was committed is different from that which existed when the judgment was pronounced or in the intervening time, the most benign one will always be applied.
If a more benign law is enacted during the sentence, the penalty shall be limited to that established by that law. In all the cases of this article, the effects of the new law will operate in full law.
ARTICLE 3º.- In the computation of preventive detention, the law most favorable to the accused shall be observed separately.
ARTICLE 4º.- The general provisions of this code shall apply to all crimes provided for by special laws, as long as they do not provide otherwise.
OF THE PENALTIES
ARTICLE 5º.- The penalties that this Code establishes are the following: imprisonment, imprisonment, fine and disqualification.
ARTICLE 6º.- The sentence of imprisonment, perpetual or temporary, will be served with compulsory work in the establishments designated for this purpose. Inmates may be employed in public works of any kind provided they are not hired by individuals.
ARTICLE 7º.- Weak or sick men and those over sixty years of age who deserve confinement, will suffer the sentence in prison, not having to be subjected except to the kind of special work determined by the management of the establishment.
ARTICLE 8º.- Minors and women will be sentenced in special establishments.
ARTICLE 9º.- The sentence of imprisonment, perpetual or temporary, will be served with compulsory work, in establishments other than those for inmates.
ARTICLE 10.- They may, at the discretion of the competent judge, serve the sentence of confinement or imprisonment in home detention:
a) The sick inmate when the deprivation of liberty in the prison establishment prevents him from recovering or adequately treating his illness and his accommodation in a hospital establishment does not correspond;
b) An inmate suffering from an incurable illness in a terminal period;
c) The disabled inmate when the deprivation of liberty in the prison is inappropriate due to his condition, implying an unworthy, inhuman or cruel treatment;
d) An inmate over seventy (70) years old;
e) The pregnant woman;
f) The mother of a child under five (5) years of age or of a person with a disability in her care.
(Article replaced by art. 4 of the Law No. 26.472, BO 20/1/2009)
ARTICLE 11.- The product of the work of the sentenced to seclusion or prison will be applied simultaneously:
1st. To compensate the damages and losses caused by the crime that were not satisfied with other resources;
2nd. To the provision of food according to the Civil Code;
3rd. To pay the expenses that I will cause in the establishment;
4th. To form your own fund, which will be given to you on your departure.
ARTICLE 12.- Seclusion and imprisonment for more than three years carry as inherent absolute disqualification, for the time of the sentence, which may last up to three more years, if the court so decides, according to the nature of the crime. The deprivation, while the sentence lasts, of parental authority, of the administration of property and of the right to dispose of them by inter vivos acts also matters. The convicted person will be subject to the guardianship established by the Civil Code for the incapable.
ARTICLE 13.- Those sentenced to imprisonment or life imprisonment who have served thirty-five (35) years of sentence, those sentenced to confinement or prison for more than three (3) years who have served two-thirds, and those sentenced to confinement or prison, for three (3) years or less, who have served one (1) year of confinement or eight (8) months in prison, regularly observing the prison regulations, may obtain freedom by judicial resolution, prior report of the establishment management and report of experts that individually and favorably predict their social reintegration, under the following conditions:
1º.- Reside in the place determined by the release order;
2º.- Observe the inspection rules established by the same order, especially the obligation to refrain from consuming alcoholic beverages or using narcotic substances;
3º.- Adopt within the term that the car determines, trade, art, industry or profession, if it does not have its own means of subsistence;
4º.- Do not commit new crimes;
5º.- Submit to the care of a board of trustees, indicated by the competent authorities;
6º.- Undergo medical, psychiatric or psychological treatment, which prove its need and effectiveness according to the advice of experts.
These conditions, to which the judge may add any of the rules of conduct contemplated in article 27 bis, shall govern until the expiration of the terms of the temporary penalties and up to ten (10) more years in the perpetual ones, counting from the parole day.
(Article replaced by art. 1 of the Law No. 25.892 BO26 / 5/2004)
ARTICLE 14 - Probation will not be granted to repeat offenders. Nor will it be granted when the conviction is for:
1) Aggravated homicides provided for in article 80 of the Penal Code.
2) Crimes against sexual integrity, provided for in arts. 119, 120, 124, 125, 125 bis, 126, 127, 128 first and second paragraphs, and 130 of the Penal Code.
3) Illegal deprivation of coercive liberty, if the death of the offended person is intentionally caused, provided for in article 142 bis, second to last paragraph, of the Penal Code.
4) Torture followed by death, article 144 ter, paragraph 2, of the Penal Code.
5) Crimes provided for in articles 165 and 166, subsection 2, second paragraph, of the Penal Code.
6) Extortive kidnapping, if the death of the offended person is caused, in accordance with the assumptions provided in article 170, antepenultimate and penultimate paragraphs, of the Penal Code.
7) Offenses provided for in articles 145 bis and ter of the Penal Code.
8) Cases in which article 41 quinquies of the Penal Code is applicable.
9) Financing of terrorism provided for in article 306 of the Penal Code.
10) Crimes provided for in articles 5, 6 and 7 of Law 23.737 or the one that will replace it in the future.
11) Crimes provided for in articles 865, 866 and 867 of the Customs Code.
(Article replaced by art. 38 of the Law No. 27.375 BO28 / 07/2017)
ARTICLE 15.- Probation will be revoked when the offender commits a new crime or violates the obligation of residence. In these cases, the time that the freedom has lasted will not be counted in the term of the sentence.
In the cases of sections 2, 3, 5 and 6 of Article 13, the Court may order that all or part of the time that the release lasted not be computed in the term of the sentence, until the convicted person complies with the provisions in said subsections. (Paragraph replaced by article 3 of the Law No. 25.892 BO26 / 5/2004)
ARTICLE 16.- Once the term of the sentence has elapsed, or the period of five years indicated in article 13 without the conditional release having been revoked, the sentence will be extinguished, as well as the absolute disqualification of article 12.
ARTICLE 17.- No prisoner whose probation has been revoked may obtain it again.
ARTICLE 18.- Those sentenced by provincial courts to confinement or imprisonment for more than five years will be admitted in the respective national establishments. The provinces may send them as long as they do not have adequate establishments.
ARTICLE 19.- Absolute disablement matters:
1st. The deprivation of employment or public office held by the convicted person even though it comes from popular election;
2nd. The deprivation of the electoral right;
3rd. The inability to obtain public positions, jobs and commissions;
4th. The suspension of the enjoyment of all retirement, pension or retirement, civil or military, the amount of which will be received by the relatives who are entitled to a pension.
The court may order, for welfare reasons, that the victim or his dependents attend up to half of said amount, or that they receive it in full, when the convicted person does not have relatives entitled to a pension, in both cases until integrating the amount of the compensation set.
ARTICLE 20.- The special disqualification will produce the deprivation of employment, position, profession or right on which it falls and the inability to obtain another of the same gender during the sentence. The special disqualification for political rights will produce the inability to exercise during the sentence those on which it falls.
ARTICLE 20 bis.- A special disqualification from six months to ten years may be imposed, even if this penalty is not expressly provided, when the crime committed amounts to:
1st. Incompetence or abuse in the exercise of a public job or position;
2nd. Abuse in the exercise of parental authority, adoption, guardianship or curatorship;
3rd. Incompetence or abuse in the performance of a profession or activity whose exercise depends on an authorization, license or authorization from the public power.
In the case of the crimes provided for in articles 119, 120, 124, 125, 125 bis, 128, 129 -in fine-, 130 -second and third paragraphs-, 145 bis and 145 ter of the Penal Code, the special disqualification will be perpetual. when the author has availed himself of his employment, position, profession or right for the commission. (Last paragraph incorporated by article 1 of the Law No. 27.206 BO 10/11/2015)
ARTICLE 20 ter.- The person sentenced to absolute disqualification can be restored to the use and enjoyment of the rights and capacities of which he was deprived, if he has behaved correctly during half of the term of that term, or for ten years when the sentence was perpetual, and has repaired the damages as far as possible.
The person sentenced to special disqualification can be rehabilitated, after half of its term, or five years when the sentence is perpetual, if he has behaved correctly, has remedied his incompetence or it is not to be feared that he will incur further abuses and, furthermore, has repaired the damage to the extent possible.
When the disqualification imported the loss of a public office or of a guardianship or curatorship, the rehabilitation will not entail the replacement in the same positions.
For all purposes, in the disqualification periods, the time in which the disqualified person has been a fugitive, interned or deprived of his liberty will not be counted.
ARTICLE 21.- The fine will oblige the defendant to pay the amount of money determined by the sentence, taking into account, in addition to the general causes of article 40, the economic situation of the convicted person.
If the offender does not pay the fine within the term set by the sentence, he will suffer imprisonment that will not exceed a year and a half.
The court, before transforming the fine into the corresponding prison, will seek the satisfaction of the first, making it effective on the assets, salaries or other income of the convicted person. The sentenced person may be authorized to amortize the pecuniary penalty, through free work, provided that there is an opportunity to do so.
The sentenced person may also be authorized to pay the fine in installments. The court will set the amount and date of the payments, according to the economic condition of the convicted person.
ARTICLE 22.- At any time that the fine is satisfied, the offender will be released.
In accordance with the rules established for the computation of preventive detention, the portion proportional to the time of detention suffered will be deducted from the amount.
ARTICLE 22 bis.- If the act has been committed for profit, a fine may be added to the custodial sentence, even when it is not specifically provided for or is only provided in an alternative way. When not provided, the fine may not exceed ninety thousand pesos.
(Infoleg Note: fine updated by art. 1st of the Law No. 24.286 BO 29/12/1993)
ARTICLE 23.- In all cases in which a conviction for crimes provided for in this Code or in special criminal laws falls, it will decide the confiscation of the things that have been used to commit the act and of the things or profits that are the product or profit of the crime , in favor of the national State, the provinces or the municipalities, except for the rights of restitution or compensation of the injured party and third parties.
If things are dangerous to common security, confiscation can be ordered even if it affects third parties, except for their right, if they are in good faith, to be compensated.
When the author or participants have acted as agents of someone or as bodies, members or administrators of a person of ideal existence, and the proceeds or profit of the crime has benefited the principal or person of ideal existence, the confiscation will be pronounced against these.
When a third party has benefited gratuitously with the proceeds or profit of the crime, the confiscation will rule against it.
If the confiscated property has a use or cultural value for an official establishment or public good, the respective national, provincial or municipal authority may order its delivery to those entities. If this is not the case and it has commercial value, it will arrange its disposal. If it has no legal value, it will be destroyed.
In the case of a conviction imposed for any of the crimes provided for by articles 125, 125 bis, 127, 140, 142 bis, 145 bis, 145 ter and 170 of this Code, it is included among the assets to confiscate the movable or immovable thing where the victim is kept deprived of his liberty or object of exploitation. The assets confiscated as a result of such crimes, according to the terms of this article, and the proceeds of the fines imposed, will be assigned to victim assistance programs. (Paragraph replaced by art. 20 of the Law No. 26.842 BO 27/12/2012)
In the case of the crimes provided for in article 213 ter and quater and in Title XIII of the Second Book of this Code, they will be confiscated definitively, without the need for a criminal conviction, when the illegality of their origin, or of the material fact to which they were linked, and the defendant cannot be prosecuted due to death, escape, prescription or any other reason for suspension or termination of the criminal action, or when the defendant has recognized the origin or illicit use of the goods. (Paragraph incorporated by article 6 of the Law No. 26.683 BO 21/06/2011)
Any claim or litigation regarding the origin, nature or ownership of the goods will be made through an administrative or civil restitution action. When the property has been auctioned, only its monetary value can be claimed. (Paragraph incorporated by article 6 of the Law No. 26.683 BO 21/06/2011)
The judge may adopt from the beginning of the judicial proceedings sufficient precautionary measures to ensure the confiscation of the property (s), goodwill, deposits, transportation, computer, technical and communication elements, and any other asset or property right over the assets. that, since they are instruments or effects related to the crime (s) under investigation, the confiscation may presumably fall.
The same scope may have the precautionary measures designed to stop the commission of the crime or its effects, or to prevent its benefit from being consolidated or to obstruct the impunity of its participants. In all cases, the rights of restitution or compensation of the injured party and third parties must be safeguarded.
(Article replaced by art. 1 of the Law No. 25.815 BO1 / 12/2003)
ARTICLE 24.- Pretrial detention will be computed as follows: for two days of preventive detention, one of confinement; for one day of preventive detention, one day of prison or two of disqualification or the amount of fine that the court set between pesos thirty-five and pesos one hundred and seventy-five.
(Infoleg Note: fine updated by art. 1st of the Law No. 24.286 BO 29/12/1993)
ARTICLE 25.- If during the sentence the convicted person goes crazy, the time of the madness will be computed for the fulfillment of the sentence, without this obstructing the provisions of the third paragraph of paragraph 1 of article 34.
CONDITIONAL SENTENCE
ARTICLE 26.- In the cases of first sentence to imprisonment that does not exceed three years, it will be the power of the courts to order in the same pronouncement that the execution of the sentence be suspended. This decision must be based, under penalty of nullity, on the moral personality of the convicted person, his attitude after the crime, the reasons that prompted him to commit a crime, the nature of the act and the other circumstances that demonstrate the inconvenience of effectively applying the deprivation of freedom. The court will require the pertinent information to form a criterion, and the parties may also provide useful evidence for this purpose.
The courts shall have the same power in cases of concurrence of crimes if the sentence imposed on the offender does not exceed three years in prison.
The conditional condemnation will not proceed with respect to the penalties of fine or disqualification.
ARTICLE 27.- The sentence will be considered as not pronounced if within the term of four years, counted from the date of the final sentence, the convicted person does not commit a new crime. If he commits a new crime, he will suffer the penalty imposed on the first conviction and that corresponding to him for the second crime, in accordance with the provisions on accumulation of penalties.
The suspension may be granted a second time if the new crime has been committed after eight years have elapsed from the date of the first final conviction. This term will be raised to ten years, if both crimes were intentional.
In the cases of appealed and confirmed sentences, as regards the conditional nature of the sentence, the terms will be calculated from the date of the original pronouncement.
ARTICLE 27 bis.- When conditionally suspending the execution of the sentence, the Court must provide that, during a period that will be set between two and four years depending on the seriousness of the crime, the convicted person complies with all or any of the following rules of conduct, as long as they are adequate for prevent the commission of new crimes:
1. Establish residence and submit to the care of a board of trustees.
2. Refrain from going to certain places or interacting with certain people.
3. Refrain from using narcotics or abusing alcoholic beverages.
4. Attend primary school, if not completed.
5. Carry out studies or practices necessary for their job or professional training.
6. Undergo medical or psychological treatment, after a report that proves its need and effectiveness.
7. Adopt trade, art, industry or profession, appropriate to their ability.
8. Carry out unpaid work in favor of the state or public welfare institutions, outside of their normal working hours.
The rules may be modified by the Court as appropriate to the case.
If the convicted person does not comply with any rule, the Court may order that all or part of the time elapsed up to that moment is not computed as a compliance period. If the convicted person persists or repeats the breach, the Court may revoke the conditionality of the sentence. The convicted person must then serve the entire prison sentence imposed in the sentence.
(Article incorporated by art. 1 of the Law No. 24.316 BO 19/5/1994)
ARTICLE 28.- The suspension of the sentence will not include the reparation of the damages caused by the crime and the payment of the expenses of the trial.
REPAIR OF DAMAGES
ARTICLE 29.- The conviction may order:
1. The restoration to the state prior to the commission of the crime, as soon as possible, providing for that purpose the restitutions and other necessary measures.
2. Compensation for material and moral damage caused to the victim, his family, or a third party, the amount being prudentially set by the judge in the absence of full evidence.
3. The payment of the costs.
(Article replaced by art. 27 of the Law No. 25.188 BO 1/11/1999.)
ARTICLE 30.- The obligation to compensate is preferential to all those contracted by the person responsible after the crime has been committed, to the execution of the sentence of confiscation of the product or the profit of the crime and to the payment of the fine. If the assets of the convicted person are not sufficient to cover all his pecuniary responsibilities, these will be satisfied in the following order:
1. Compensation for damages.
2. The compensation for the expenses of the trial.
3. The confiscation of the proceeds or profit of the crime.
4. Payment of the fine.
(Article replaced by art. 28 of the Law No. 25.188 BO 1/11/1999.)
ARTICLE 31.- The obligation to repair the damage is jointly and severally between all those responsible for the crime.
ARTICLE 32.- Anyone who participates in the effects of a crime by lucrative title will be obliged to make reparation up to the amount in which they participated.
ARTICLE 33.- In the event of total or partial insolvency, the following rules will be observed:
1st. In the case of condemned to confinement or prison, the reparation will be made in the manner determined in article 11;
2nd. In the case of those sentenced to other penalties, the court will indicate the part of their income or emoluments that they must periodically deposit until full payment.
IMPUTABILITY
ARTICLE 34.- They are not punishable:
1st. Anyone who has not been able at the time of the event, either due to insufficient faculties, morbid alterations of the same or due to their state of unconsciousness, error or ignorance of fact not attributable, understand the criminality of the act or direct their actions.
In case of alienation, the court may order the confinement of the agent in an asylum, from which he will only be released by judicial decision, with a hearing from the public prosecutor's office and after the opinion of experts who declare the danger of the patient harming himself disappeared. or to others.
In the other cases in which a defendant is acquitted for the reasons of this subsection, the court will order his confinement in a suitable establishment until the disappearance of the conditions that make him dangerous is proven;
2nd. Whoever acts violated by irresistible physical force or threats of serious and imminent evil;
3rd. The one who causes an evil to avoid another imminent greater than that has been strange;
4th. Whoever acts in compliance with a duty or in the legitimate exercise of his right, authority or position;
5th. He who acts by virtue of due obedience;
6th. Anyone who acts in self-defense or their rights, provided that the following circumstances concur:
a) Illegitimate aggression;
b) Rational necessity of the means used to prevent or repel it;
c) Lack of sufficient provocation on the part of the defender.
It will be understood that these circumstances concur with respect to the one who during the night rejects the escalation or fracture of the fences, walls or entrances of his house, or inhabited apartment or its dependencies, whatever the damage caused to the aggressor.
Likewise with regard to the person who finds a stranger inside his home, whenever there is resistance;
7th. Anyone who acts in defense of the person or rights of another, provided that circumstances a) and b) of the preceding paragraph concur and if sufficient provocation has been preceded by the attacked party, that the third defender has not participated in it.
ARTICLE 35.- Anyone who has exceeded the limits imposed by law, by authority or by necessity, will be punished with the penalty set for the crime due to fault or recklessness.
ARTICLE 36.- Repealed
ARTICLE 37.- Repealed
ARTICLE 38.- Repealed
ARTICLE 39.- Repealed
ARTICLE 40.- In the penalties divisible by reason of time or quantity, the courts will fix the sentence according to the extenuating or aggravating circumstances particular to each case and in accordance with the rules of the following article.
ARTICLE 41.- For the purposes of the previous article, the following will be taken into account:
1st. The nature of the action and the means used to carry it out and the extent of the damage and danger caused;
2nd. The age, education, customs and previous conduct of the subject, the quality of the reasons that determined him to commit a crime, especially the misery or the difficulty of earning the necessary support for himself and his own, the participation he has taken in the fact, the recidivism in which it had incurred and the other antecedents and personal conditions, as well as the personal ties, the quality of the people and the circumstances of time, place, manner and occasion that demonstrate their greater or lesser danger. The judge must take direct and visual knowledge of the subject, the victim and the circumstances of the fact to the extent required for each case.
ARTICLE 41 bis - When any of the crimes provided for in this Code is committed with violence or intimidation against people through the use of a firearm, the criminal scale provided for the crime in question will be raised by one third at its minimum and at its maximum , without this being able to exceed the legal maximum of the corresponding type of penalty.
This aggravating factor will not be applicable when the circumstance mentioned in it is already considered as a constitutive or qualifying element of the crime in question.
(Article incorporated by art. 1 of the Law No. 25.297 BO 22/9/2000)
ARTICLE 41b - The criminal scales may be reduced to those of the attempt with respect to the participants or perpetrators for any crime of those detailed below in this article, when during the substantiation of the process of which they are part, they provide precise, verifiable and credible information or data.
The process on which data or information is provided must be linked to any of the following crimes:
a) Crimes of production, traffic, transport, planting, storage and commercialization of narcotic drugs, chemical precursors or any other raw material for its production or manufacture provided for in law 23.737 or the one that in the future replaces it, and the organization and financing of said crimes;
b) Offenses set forth in section XII, title I of the Customs Code;
c) All cases in which article 41 quinquies of the Penal Code is applicable;
d) Offenses provided for in articles 125, 125 bis, 126, 127 and 128 of the Penal Code;
e) Crimes provided for in articles 142 bis, 142 ter and 170 of the Penal Code;
f) Crimes provided for in articles 145 bis and 145 ter of the Penal Code;
g) Crimes committed under the terms of articles 210 and 210 bis of the Penal Code;
h) Crimes provided for in chapters VI, VII, VIII, IX, IX bis and X of title XI and in paragraph 5 of article 174, of the Penal Code;
i) Crimes provided for in title XIII, book two, of the Penal Code.
For the origin of this benefit, it will be necessary for the data or information provided to help prevent or prevent the beginning, permanence or consummation of a crime; clarify the fact under investigation or other related; reveal the identity or whereabouts of authors, co-authors, instigators or participants in these investigated or other related events; provide sufficient data to allow significant progress in the investigation or the whereabouts of victims deprived of their liberty; find out the fate of the instruments, goods, effects, products or proceeds of the crime; or indicate the sources of financing of criminal organizations involved in the commission of the crimes set forth in this article.
When the crime attributed to the accused is punished with imprisonment and / or life imprisonment, the penalty may only be reduced to fifteen (15) years in prison.
The reduction of sentence will not proceed with respect to the penalties of disqualification or fine.
(Article replaced by art. 1 of the Law No. 27.304 BO 2/11/2016)
ARTICLE 41c - When any of the crimes provided for in this Code is committed with the intervention of minors under eighteen years of age, the corresponding criminal scale will be increased by one third of the minimum and maximum, with respect to the elderly who have participated in it.
(Article incorporated by art. 1 of the Law No. 25.767 BO 1/9/2003)
ARTICLE 41d — When any of the crimes provided for in this Code have been committed with the purpose of terrorizing the population or forcing national public authorities or foreign governments or agents of an international organization to carry out an act or refrain from doing so, the scale will increase by twice the minimum and maximum.
The aggravating circumstances provided for in this article will not apply when the event or events in question take place on the occasion of the exercise of human and / or social rights or any other constitutional right.
(Article incorporated by art. 3 of the Law No. 26.734 BO 28/12/2011)
ATTEMPT
ARTICLE 42.- He who in order to commit a specific crime begins its execution, but does not consume it due to circumstances beyond his control, will suffer the penalties determined in article 44.
ARTICLE 43.- The author of the attempt will not be subject to penalty when he voluntarily desists from the crime.
ARTICLE 44.- The penalty that would correspond to the agent, if he had committed the crime, will be reduced from one third to one half.
If the penalty is life imprisonment, the penalty for the attempt will be imprisonment for fifteen to twenty years. If the penalty is life imprisonment, the penalty for attempt will be imprisonment for ten to fifteen years.
If the crime is impossible, the penalty will be reduced by half and may be reduced to the legal minimum or exempted from it, depending on the degree of danger revealed by the offender.
CRIMINAL PARTICIPATION
ARTICLE 45.- Those who take part in the execution of the act or provide the author or authors with assistance or cooperation without which it could not have been committed, will have the penalty established for the crime. Those who have directly determined another to commit it shall incur the same penalty.
ARTICLE 46.- Those who cooperate in any other way with the execution of the act and those who provide further assistance by fulfilling promises prior to it, will be punished with the penalty corresponding to the crime, reduced from one third to one half. If the penalty is life imprisonment, imprisonment of fifteen to twenty years will be applied and if it is life imprisonment, imprisonment of ten to fifteen years will be applied.
ARTICLE 47.- If, from the particular circumstances of the case, it turns out that the accused of complicity did not want to cooperate except in an act less serious than that committed by the author, the penalty will be applied to the accomplice only because of the act that he promised to execute.
If the act is not consummated, the accomplice's sentence will be determined in accordance with the provisions of this article and those of the title of the attempt.
ARTICLE 48.- Relationships, circumstances and personal qualities, the effect of which is to reduce or exclude the penalty, will have no influence except with respect to the author or accomplice to whom they correspond. Neither will those whose effect is to aggravate the penalty will have influence, except in the case in which they are known by the participant.
ARTICLE 49.- Persons who only provide the author of the writing or recording with the material cooperation necessary for its publication, dissemination or sale will not be considered participants in the crimes committed by the press.
RECIDIVISM
ARTICLE 50.- There will be recidivism as long as whoever has fulfilled, totally or partially, a custodial sentence imposed by a court in the country commits a new offense, also punishable by that kind of penalty.
The sentence suffered abroad will be taken into account for recidivism if it has been pronounced by reason of a crime that, according to Argentine law, may give rise to extradition.
The sentence served for political crimes, those provided exclusively in the Code of Military Justice, amnesties or those committed by minors under eighteen years of age will not give rise to recidivism. The penalty suffered will not be taken into account for the purposes of recidivism when a term equal to that for which it was imposed has elapsed, which will never exceed ten or be less than five years.
ARTICLE 51.- Any official entity that keeps criminal records will refrain from reporting data on a process terminated by dismissal or acquittal. In no case will the existence of detentions that do not come from the formation of a cause be reported, unless the reports are required to resolve a habeas corpus or in causes for crimes of which the detainee has been a victim.
The registration of convictions will expire for all purposes:
1. After ten years have elapsed from the sentence (art. 27) for conditional sentences;
2. After ten years have elapsed since its extinction for the other sentences to custodial sentences;
3. After five years have elapsed since its extinction for sentences to penalty of fine or disqualification.
In all cases, the information must be provided with the express consent of the interested party. Likewise, the judges may require the information, exceptionally, by resolution that can only be based on the specific need of the antecedent as an element of proof of the facts in a judicial process.
The courts must notify the registration bodies of the expiration date:
1. When perpetual penalties are extinguished;
2. When the computation of temporary penalties is carried out, whether conditional or effective;
3. When the penalty of a fine is fully served or, in the event of its replacement by imprisonment (art. 21, para. 2), when computing the imprisonment imposed;
4. When they declare the extinction of the penalties in the cases provided for by articles 65, 68 and 69.
The violation of the prohibition to inform will be considered a violation of secrecy in the terms of article 157, if the act does not constitute a more severely punished crime.
ARTICLE 52.- An indefinite period of imprisonment will be imposed as an accessory to the last sentence, when the recidivism is multiple in such a way that the following previous penalties occur:
1. Four custodial sentences, one of which is greater than three years;
2. Five custodial sentences of three years or less.
The courts may, for a single time, suspend the application of this accessory measure, expressly basing their decision in the manner provided for in article 26.
ARTICLE 53.- In the cases of the preceding article, after five years have elapsed since the accessory imprisonment has elapsed, the court that issued the last sentence or imposed the single sentence will be empowered to grant conditional release, after a report from the penitentiary authority, under the anticipated compromising conditions. in article 13, and provided that the convicted person had maintained good conduct, demonstrating aptitude and habit for work, and other attitudes that allow us to suppose plausibly that he will not constitute a danger to society. Five years after conditional release has elapsed, the convicted person may request their final release from the court that granted it, which will decide according to the result obtained in the trial period and after a report from the board, institution or person worthy of trust, in whose charge has been in control of the freedman's activity. Those sentenced to an accessory imprisonment for an indefinite period must comply with it in federal establishments.
The violation by the released of any of the conditions established in article 13 may determine the revocation of the agreed benefit and its reinstatement to the previous prison regime. After five years have elapsed since his reinstatement to the prison regime, he may, in the cases of paragraphs 1, 2, 3 and 5 of Article 13, request his conditional release again.
CRIME CONTEST
ARTICLE 54.- When an act falls under more than one criminal sanction, only the one that establishes a greater penalty will be applied.
ARTICLE 55.- When there are several independent acts repressed with the same kind of penalty, the penalty applicable to the offender will have as a minimum, the highest minimum and as a maximum, the arithmetic sum of the maximum penalties corresponding to the various events.
However, this sum may not exceed (50) fifty years of seclusion or prison.
(Article replaced by art. 1 of the Law No. 25.928 BO 10/9/2004)
ARTICLE 56.- When several independent acts repressed with divisible penalties of confinement or imprisonment concur, the most serious penalty will be applied, taking into account the crimes of lesser punishment.
If any of the penalties are not divisible, it will only be applied, except in the case of perpetual imprisonment and temporary imprisonment, in which perpetual imprisonment will be applied. The disqualification and the fine will always be applied, without being subject to the provisions of the first paragraph.
ARTICLE 57.- For the purposes of the preceding article, the relative gravity of penalties of a different nature will be determined by the order in which they are listed in article 5.
ARTICLE 58.- The preceding rules shall also apply in the case in which after a conviction pronounced by a final judgment, the same person who is serving a sentence for a different act must be tried; or when two or more final sentences have been handed down in violation of said rules. It will correspond to the judge who has applied the greater penalty to dictate, at the request of the party, his only sentence, without altering the statements of facts contained in the others.
When, for any reason, the federal courts, in files in which they have intervened, cannot apply this rule, the ordinary national or provincial courts that heard of the criminal offense will do so, as the case may be.
EXTINCTION OF ACTIONS AND PENALTIES
ARTICLE 59.- The criminal action will be extinguished:
1) Due to the death of the accused;
2) For the amnesty;
3) By prescription;
4) Due to the resignation of the aggrieved party, regarding private action crimes;
5) By applying a criterion of opportunity, in accordance with the provisions of the corresponding procedural laws;
6) By conciliation or comprehensive reparation of the damage, in accordance with the provisions of the corresponding procedural laws;
7) Due to compliance with the conditions established for the suspension of the trial process, in accordance with the provisions of this Code and the corresponding procedural laws.
(Article replaced by art. 1 of the Law No. 27.147 BO 18/06/2015)
ARTICLE 60.- The resignation of the offended person to the exercise of criminal action will only harm the renouncer and his heirs.
ARTICLE 61.- The amnesty will extinguish the criminal action and will cease the sentence and all its effects, with the exception of compensation due to individuals.
ARTICLE 62.- The criminal action will be prescribed during the time set below:
1st. At the age of fifteen, in the case of crimes whose penalty is imprisonment or life imprisonment;
2nd. After the maximum duration of the penalty indicated for the crime has elapsed, in the case of acts repressed with seclusion or prison, the term of the prescription may not, in any case, exceed twelve years or lower than two years;
3rd. At five years, when it is a matter of a repressed act only with perpetual disqualification;
4th. After a year, when it is a matter of a repressed act only with temporary disqualification;
5th. After two years, when it comes to acts punished with a fine.
ARTICLE 63.- The prescription of the action will begin to run from midnight on the day the crime was committed or, if it were continuous, when it ceased to be committed.
(Second and third paragraphs repealed by article 3 of the Law No. 27.206 BO 10/11/2015)
ARTICLE 64.- The criminal action for a crime punishable by a fine will be extinguished in any state of the investigation and while the trial has not started, for the voluntary payment of the minimum of the corresponding fine and the repair of the damage caused by the crime.
If the trial had started, the maximum of the corresponding fine must be paid, in addition to repairing the damage caused by the crime.
In both cases, the defendant must abandon in favor of the state, the objects that would presumably be confiscated in the event of a conviction.
The manner of termination of the criminal action provided for in this article may be admitted a second time if the new crime has been committed after eight years have elapsed from the date of the resolution that would have declared the termination of the criminal action in the previous cause.
(Article replaced by art. 6 of the Law No. 24.316 BO 19/5/1994)
ARTICLE 65.- The penalties are prescribed in the following terms:
1st. The one of perpetual imprisonment, to the twenty years;
2nd. Life imprisonment, at twenty years;
3rd. That of imprisonment or temporary prison, in a time equal to that of the sentence;
4th. The fine, at two years.
ARTICLE 66.- The prescription of the sentence will begin to run from midnight on the day the defendant is notified of the final sentence or from the breach of the sentence, if it had begun to be served.
ARTICLE 67.- The statute of limitations is suspended in cases of crimes for which the resolution of preliminary or preliminary questions is necessary, which must be resolved in another trial. Once the cause of the suspension has ended, the prescription continues its course.
The prescription is also suspended in cases of crimes committed in the exercise of public function, for all those who have participated, while any of them is holding a public office.
The course of the prescription of the criminal action corresponding to the crimes provided for in articles 226 and 227 bis, will be suspended until the restoration of constitutional order.
In the crimes provided for in articles 119, 120, 125, 125 bis, 128, 129 -in fine-, 130 -second and third paragraphs-, 145 bis and 145 ter of the Penal Code, the prescription is suspended while the victim is a minor. of age and until having reached the age of majority, he or she formulates the complaint or ratifies the complaint made by their legal representatives during their minority.
If the death of the minor has occurred as a consequence of any of the aforementioned crimes, it will begin to run from midnight on the day the minor has reached the age of majority.
The prescription is only interrupted for:
a) The commission of another crime;
b) The first call made to a person, within the framework of a judicial process, in order to receive an investigatory statement for the crime under investigation;
c) The accusatory request of opening or raising a trial, carried out in the manner established by the corresponding procedural legislation;
d) The order of summons to trial or equivalent procedural act; Y
e) The issuance of a conviction, even if it is not final.
The prescription runs, is suspended or interrupted separately for each offense and for each of its participants, with the exception provided in the second paragraph of this article.
(Article replaced by art. 2 of the Law No. 27.206 BO 10/11/2015)
ARTICLE 68.- The pardon of the defendant will extinguish the penalty and its effects, with the exception of compensation due to individuals.
ARTICLE 69.- The pardon of the offended party shall extinguish the penalty imposed for the crime listed in article 73.
If there are several participants, forgiveness in favor of one of them will benefit the others.
ARTICLE 70.- The pecuniary compensation inherent to the penalties may be made effective on the property of the convicted person, even after death.
OF THE EXERCISE OF THE SHARES
ARTICLE 71.- Without prejudice to the rules of availability of criminal action provided for in procedural legislation, all criminal actions must be initiated ex officio, with the exception of the following:
1) Those that depend on a private instance;
2) Private actions.
(Article replaced by art. 2 of the Law No. 27.147 BO 18/06/2015)
ARTICLE 72.- Actions dependent on a private instance are those that arise from the following crimes:
1) Those provided for in articles 119, 120 and 130 of the Penal Code when the death of the offended person or injuries mentioned in article 91 do not result.
2nd) Minor injuries, whether malicious or negligent.
However, in the cases of this subsection, it will proceed ex officio when there are reasons of security or public interest.
3º) Impediment of contact of the minor children with their non-living parents.
In the cases of this article, no cause will be formed except by accusation or complaint of the aggrieved person, his guardian, guardian or legal representatives. However, it will proceed ex officio when the crime is committed against a minor who does not have parents, guardian or guardian, or who is by one of their ancestors, guardian or guardian.
When there are seriously conflicting interests between some of these and the minor, the Prosecutor may act ex officio when it is more convenient for the superior interest of the minor.
(Article replaced by art. 14 of the Law No. 25.087 BO 14/5/1999)
ARTICLE 73.- Private actions are those that arise from the following crimes:
1) Slander and insults;
2) Violation of secrets, except in the cases of articles 154 and 157;
3) Unfair competition, provided for in article 159;
4) Breach of family assistance duties, when the victim is the spouse.
Likewise, private actions are those that, in accordance with the provisions of the corresponding procedural laws, arise from the conversion of the public action into private or from the prosecution of the criminal action by the victim.
The action for slander and injury may be exercised only by the offended and after his death by the surviving spouse, children, grandchildren or parents.
In all other cases, it will proceed only by complaint of the injured party or their guardians or legal representatives.
(Article replaced by art. 3 of the Law No. 27.147 BO 18/06/2015)
ARTICLE 74.- (Article repealed by art. 2 of the Law No. 24.453 BO 7/3/1995)
ARTICLE 75.- (Article repealed by art. 5 of the Law No. 27.147 BO 18/06/2015)
(Title incorporated by art. 3rd of the Law No. 24.316 BO 19/5/1994)
Suspension of trial
ARTICLE 76.- The suspension of the trial trial will be governed in accordance with the provisions of the corresponding procedural laws. In the absence of total or partial regulation, the provisions of this Title will apply.
(Article replaced by art. 4 of the Law No. 27.147 BO 18/06/2015)
ARTICLE 76 bis.- The accused of a crime of public action punishable by imprisonment or imprisonment whose maximum does not exceed three years, may request the suspension of the trial trial.
In cases of concurrence of crimes, the defendant may also request the suspension of the trial trial if the maximum sentence of confinement or imprisonment applicable does not exceed three years.
When submitting the request, the defendant must offer to take charge of repairing the damage as far as possible, without implying a confession or acknowledgment of the corresponding civil liability. The judge will decide on the reasonableness of the offer in a founded resolution. The injured party may or may not accept the reparation offered, and in the latter case, if the trial is suspended, the corresponding civil action will be enabled.
If the circumstances of the case allow suspending compliance with the applicable sentence, and there is the consent of the prosecutor, the Court may suspend the trial.
If the crime or any of the crimes that make up the contest were punishable by a fine applicable jointly or alternatively with that of prison, it will also be a condition that the minimum of the corresponding fine be paid.
The accused must abandon in favor of the state, the assets that would presumably be confiscated in the event of a conviction.
The suspension of the trial will not proceed when a public official, in the exercise of his functions, had participated in the crime.
Neither will the suspension of the trial trial with respect to the crimes punished with a penalty of disqualification.
Neither shall the suspension of the trial trial regarding the crimes repressed by Laws 22.415 and 24.769 and their respective modifications. (Paragraph incorporated by art. 19 of the Law No. 26.735 BO 28/12/2011)
(Article incorporated by art. 3 of the Law No. 24.316 BO 19/5/1994)
ARTICLE 76b.- The time of suspension of the trial will be set by the Court between one and three years, depending on the seriousness of the crime. The Court will establish the rules of conduct that the accused must comply with, in accordance with the provisions of article 27 bis.
During that time the prescription of the criminal action will be suspended.
The suspension of the trial will be annulled if later circumstances are known that modify the maximum of the applicable penalty or the estimate about the conditionality of the execution of the possible sentence.
If during the time set by the Court the defendant does not commit a crime, repairs the damages to the extent offered and complies with the established rules of conduct, the criminal action will be extinguished. Otherwise, the trial will be held and if the defendant is acquitted, the property abandoned in favor of the State and the fine paid will be returned, but he will not be able to claim reimbursement for the repairs completed.
When the performance of the trial is determined by the commission of a new crime, the penalty imposed may not be suspended.
The suspension of a trial trial may be granted a second time if the new crime has been committed after eight years have elapsed from the date of expiration of the period for which the trial had been suspended in the previous process.
A new suspension of the trial will not be admitted with respect to whoever had breached the rules imposed in a previous suspension.
(Article incorporated by art. 4 of the Law No. 24.316 BO 19/5/1994)
ARTICLE 76 quater.- The suspension of the trial trial will make inapplicable to the case the rules of prejudiciality of articles 1101 and 1102 of the Civil Code, and will not impede the application of the offending, disciplinary or administrative sanctions that may correspond.
(Article incorporated by art. 5 of the Law No. 24.316 BO 19/5/1994)
(Numbering of the chapter replaced by article 2 of the Law No. 24.316 BO 19/5/1994)
MEANING OF CONCEPTS USED IN THE CODE
ARTICLE 77.- For the intelligence of the text of this code, the following rules will be taken into account:
The terms to which this code refers will be counted in accordance with the provisions of the Civil Code. However, the release of those sentenced to custodial sentences will take place at noon on the corresponding day.
The expression "regulations" or "ordinances" includes all the provisions of a general nature issued by the competent authority in the matter they deal with.
By the terms "public official" and "public employee", used in this code, it designates everyone who accidentally or permanently participates in the exercise of public functions, whether by popular election or by appointment of a competent authority.
The term "military" designates any person who is in military status at the time of the event in accordance with the organic law for military personnel.
Civil civil servants that make up the chain of command are assimilated to military personnel in relation to the crimes they commit in their capacity as such, when they produce acts or issue orders or instructions as members of the chain of command if they involve commission of crime or participation in it.
The word "merchandise" designates all kinds of items that can be sold.
The term "captain" includes any boat commander or one who replaces him.
The term “crew” includes everyone on board as officers or sailors.
The term "narcotic drugs" includes narcotics, psychotropics and other substances capable of producing physical or mental dependence, which are included in the lists that are drawn up and periodically updated by decree of the national Executive Power.
The term "rural establishment" includes any property that is intended for the breeding, improvement or fattening of livestock, dairy activities, farm or cultivation of the land, poultry or other breeding, promotion or similar use.
The term "document" includes any representation of acts or events, regardless of the medium used for their fixation, storage, filing or transmission.
The terms "signature" and "subscription" include digital signature, creating a digital signature, or digitally signing.
The terms "private instrument" and "certificate" include the digitally signed digital document.
The term "inside information" includes all information not available to the public whose disclosure could have a significant influence on the stock market.
(Article replaced by art. 1 of the Law No. 26.733 BO 28/12/2011)
ARTICLE 78.- The use of hypnotic or narcotic means is included in the concept of "violence".
ARTICLE 78 bis. - (Article repealed by art. 14 of the Law No. 26.388, BO 25/6/2008)
SECOND BOOK
OF CRIMES
CRIMES AGAINST PERSONS
Chapter I
Crimes against life
ARTICLE 79. - Seclusion or imprisonment of eight to twenty-five years will be applied to anyone who kills another provided that no other penalty is established in this code.
ARTICLE 80. - Life imprisonment or life imprisonment will be imposed, and the provisions of article 52 may apply to the person who is killed:
1º To your ascendant, descendant, spouse, ex-spouse, or to the person with whom you maintain or have maintained a relationship, whether or not you coexist. (subsection replaced by article 1 of the Law No. 26.791 BO 14/12/2012)
2º With cruelty, treachery, poison or other insidious procedure.
3rd By price or remuneration promise.
4th For pleasure, greed, racial, religious, gender or sexual orientation hatred, gender identity or its expression. (subsection replaced by article 1 of the Law No. 26.791 BO 14/12/2012)
5th By a suitable means to create a common danger.
6th With the premeditated contest of two or more people.
7º To prepare, facilitate, consummate or hide another crime or to ensure its results or to seek impunity for oneself or for another or for not having achieved the proposed end by attempting another crime.
8 ° To a member of the public security, police or penitentiary forces, due to their function, position or condition. (Subsection incorporated by art. 1st of the Law No. 25.601 BO11 / 6/2002)
9 ° Abusing his function or position, when he is a member of the security forces, the police or the prison service. (Subsection incorporated by article 1 of the Law No. 25.816BO9 / 12/2003)
10 To his military superior in front of an enemy or a troop formed with weapons. (Subsection incorporated by article 2 of Annex I of the Law No. 26.394 BO 29/8/2008. Validity: it will take effect six (6) months after its promulgation. During said period, a dissemination and training program on its content and application will be carried out in the relevant areas)
11. A woman when the act is perpetrated by a man and mediated by gender violence. (subsection incorporated by article 2 of the Law No. 26.791 BO 14/12/2012)
12. For the purpose of causing suffering to a person with whom a relationship is maintained or has maintained under the terms of subsection 1. (subsection incorporated by article 2 of the Law No. 26.791 BO 14/12/2012)
When, in the case of subsection 1 of this article, there are extraordinary mitigating circumstances, the judge may apply imprisonment or confinement from eight (8) to twenty-five (25) years. This will not apply to anyone who has previously carried out acts of violence against the female victim. (Paragraph replaced by article 3 of the Law No. 26.791 BO 14/12/2012)
ARTICLE 81. - 1º Seclusion of three to six years, or prison of one to three years will be imposed:
a) Whoever kills another, being in a state of violent emotion and that circumstances make excusable.
b) Anyone who, with the purpose of causing harm to the body or health, causes the death of a person, when the means used should not reasonably cause death.
2 º (Clause repealed by art. 1 of the Law No. 24.410 BO 2/1/1995)
ARTICLE 82. - When, in the case of paragraph 1 of article 80, any of the circumstances of paragraph 1 of the previous article concur, the penalty will be imprisonment or imprisonment for a period of ten to twenty-five years.
ARTICLE 83. - Anyone who instigates another to suicide or helps him commit it will be punished with a prison term of one to four years, if the suicide had been tempted or consummated.
ARTICLE 84. - He will be punished with imprisonment from one (1) to five (5) years and special disqualification, where appropriate, for five (5) to ten (10) years, the person who, due to recklessness, negligence, lack of skill in his art or profession or non-observance of the regulations or of the duties in his charge will cause another the death.
The minimum penalty will be raised to two (2) years if there are more than one fatality.
(Article replaced by art. 1 of the Law No. 27.347 BO 6/1/2017).
ARTICLE 84 bis. - He will be punished with imprisonment from two (2) to five (5) years and special disqualification, where appropriate, for five (5) to ten (10) years, the one who for the reckless, negligent or illegal driving of a motor vehicle I will cause another the death.
The penalty will be imprisonment from three (3) to six (6) years, if any of the circumstances provided for in the previous paragraph should occur and the driver fled or did not attempt to help the victim as long as he did not incur any the conduct provided for in article 106, or was under the influence of narcotics or with a blood alcohol level equal to or greater than five hundred (500) milligrams per liter of blood in the case of public transport drivers or one (1) gram per liter of blood in the other cases, or if he was driving in excess of speed of more than thirty (30) kilometers above the maximum allowed in the place of the fact, or if he drove while unable to do so by competent authority, or violated the signaling of the traffic lights or traffic signals that indicate the direction of vehicular traffic or when the circumstances provided for in article 193 bis occur, or with reckless fault, or when there are more than one fatalities.
(Article incorporated by art. 2 of the Law No. 27.347 BO 6/1/2017).
ARTICLE 85. - Whoever causes an abortion will be punished:
1º With seclusion or prison from three to ten years, if he acts without the consent of the woman. This penalty may be raised up to fifteen years, if the act is followed by the death of the woman.
2º With seclusion or prison from one to four years, if he acts with the consent of the woman.
The maximum sentence will be raised to six years, if the act is followed by the death of the woman.
ARTICLE 86. - Doctors, surgeons, midwives or pharmacists who abuse their science or art to cause abortion or cooperate in causing it will incur the penalties established in the previous article and will also suffer special disqualification for twice the time of the sentence.
Abortion performed by a certified doctor with the consent of the pregnant woman is not punishable:
1º If it has been done in order to avoid a danger to the life or health of the mother and if this danger cannot be avoided by other means.
2º If the pregnancy comes from a rape or an attack on indecency committed on an idiotic or insane woman. In this case, the consent of your legal representative must be required for the abortion.
ARTICLE 87. - It will be punished with imprisonment from six months to two years, whoever violently causes an abortion without having had the intention of causing it, if the patient's state of pregnancy is notorious or is proven.
ARTICLE 88. - The woman who causes her own abortion or consents to someone else causing it will be punished with imprisonment for one to four years. The attempt of the woman is not punishable.
Chapter II
Injuries
ARTICLE 89. - Imprisonment of a month to a year will be imposed, to the one who causes to another, in the body or in the health, a damage that is not foreseen in another provision of this code.
ARTICLE 90. - Seclusion or imprisonment of one to six years will be imposed, if the injury produces a permanent impairment of health, a sense, an organ, a limb or a permanent difficulty of the word or if it has endangered the life of the offended, disabled him for work for more than a month or caused a permanent deformation of the face.
ARTICLE 91. - Seclusion or imprisonment of three to ten years will be imposed, if the injury produces a mental or corporal illness, certain or probably incurable, permanent uselessness for work, loss of a sense, an organ, a limb, of use of an organ or member, of the word or of the capacity to engender or conceive.
ARTICLE 92. - If any of the circumstances listed in article 80 concur, the penalty will be: in the case of article 89, from six months to two years; in the case of article 90, from three to ten years; and in the case of article 91, from three to fifteen years.
ARTICLE 93. - If the circumstance set forth in paragraph 1 letter a) of article 81 concur, the penalty will be: in the case of article 89, from fifteen days to six months; in the case of article 90, from six months to three years; and in the case of article 91, from one to four years.
ARTICLE 94. - Imprisonment of one (1) month to three (3) years or a fine of one thousand (1.000) to fifteen thousand (15.000) pesos and special disqualification for one (1) to four (4) years, which due to recklessness or Negligence, due to lack of skill in their art or profession, or due to non-observance of the regulations or duties in their charge, will cause harm to the body or health of another.
If the injuries were those described in articles 90 or 91 and there were more than one injured victims, the minimum penalty provided in the first paragraph will be six (6) months or a fine of three thousand (3.000) pesos and special disqualification for eighteen (18) months.
(Article replaced by art. 3 of the Law No. 27.347 BO 6/1/2017).
ARTICLE 94 bis. - It will be punished with imprisonment from one (1) to three (3) years and special disqualification for two (2) to four (4) years, if the injuries of articles 90 or 91 were caused by reckless, negligent or illegal driving of a motor vehicle.
The penalty will be two (2) to four (4) years in prison if any of the circumstances provided for in the previous paragraph were verified and the driver fled, or did not try to help the victim as long as he did not incur in the conduct provided for in article 106, or was under the influence of narcotics or with a blood alcohol level equal to or greater than five hundred (500) milligrams per liter of blood in the case of public transport drivers or one (1) gram per liter of blood in other cases, or if he was driving in excess of speed of more than thirty (30) kilometers above the maximum allowed in the place of the fact, or if he drove while unable to do so by competent authority, or violated the signaling of the traffic lights or traffic signals that indicate the direction of vehicular traffic, or when the circumstances provided for in article 193 bis occur, or with reckless fault, or when there are more than one injured victims.
(Article incorporated by art. 4 of the Law No. 27.347 BO 6/1/2017).
Chapter III
Homicide or fighting injuries
ARTICLE 95. - When in a fight or aggression in which more than two people take part, death or injuries of those determined in articles 90 and 91 result, without stating who caused them, all those who exercised violence on the person of the offended and seclusion or prison of two to six years in case of death and one to four in case of injury will be applied.
ARTICLE 96. - If the injuries were those provided for in article 89, the applicable penalty will be from four to one hundred and twenty days in prison.
Chapter IV
Mourning
ARTICLE 97. - Those who fight a duel, with the intervention of two or more godparents, of legal age, who choose their weapons and arrange the other conditions of the challenge, will be repressed:
1º With imprisonment of one to six months, to the one who does not inflict injury to his adversary or will only cause him an injury of those determined in article 89.
2º With imprisonment from one to four years, to the one who causes the death of his adversary or inflicts injury of those determined in articles 90 and 91.
ARTICLE 98. - Those who fight, without the intervention of godparents, of legal age, who choose their weapons and fix the other conditions of the challenge, will be repressed:
1º He who kills his adversary, with the penalty indicated for the murderer;
2º The one who causes injuries, with the penalty indicated for the author of injuries;
3º The one that does not cause injuries, with imprisonment from one month to one year.
ARTICLE 99. - Whoever instigates another to provoke or accept a duel and whoever publicly discredits another for not challenging or refusing a challenge, will be repressed:
1 With a fine of pesos one thousand to pesos fifteen thousand if the duel is not carried out or if, when it is carried out, no death or injuries or only injuries of those included in article 89. (Infoleg Note: fine updated by art. 1st of the Law No. 24.286 BO 29/12/1993)
2 With imprisonment from one to four years, if death or injuries are caused as mentioned in articles 90 and 91.
ARTICLE 100. - Whoever provokes or gives cause to a challenge, proposing a pecuniary interest or another immoral object, will be repressed:
1º With imprisonment of one to four years, if the duel is not verified or if it takes place, it will not result in death or injury.
2 With seclusion or prison for three to ten years, if the duel takes place and injuries result;
3 With seclusion or prison from ten to twenty-five years, if death occurs.
ARTICLE 101. - The combatant who fails, to the damage of his adversary, to the conditions set by the godparents, will be repressed:
1º With seclusion or prison from three to ten years, if he causes injuries to his adversary.
2º With seclusion or prison from ten to twenty-five years, if it causes death.
ARTICLE 102. - The godparents of a duel who use any kind of treachery in the execution thereof, will be punished with the penalties indicated in the previous article, depending on the consequences that result.
ARTICLE 103. - When the godparents arrange a duel to the death or in such conditions that death must result from them, they will be punished with seclusion or prison for one to four years, if the death of any of the combatants is verified. If the death of any of them is not verified, the penalty will be a fine of one thousand to fifteen thousand pesos.
(Infoleg Note: fine updated by art. 1st of the Law No. 24.286 BO 29/12/1993)
Chapter V
Gun abuse
ARTICLE 104. - He will be punished with one to three years in prison, whoever shoots a firearm at a person without injuring him.
This penalty will be applied even if an injury is caused to a lesser penalty, as long as the fact does not amount to a more serious crime.
It will be punished with imprisonment from fifteen days to six months, assault with any weapon, even if no injury is caused.
ARTICLE 105. - If any of the circumstances provided for in articles 80 and 81, paragraph 1, letter a) concur, the penalty will be increased or decreased by one third respectively.
Chapter VI
Abandonment of people
ARTICLE 106.- Anyone who endangers the life or health of another, either by placing him in a situation of helplessness, or by abandoning to his fate a person who is incapable of making use of himself and whom he must support or care for or whom the author himself has incapacitated, will be punished with prison from 2 to 6 years.
The penalty will be seclusion or prison for 3 to 10 years, if as a result of the abandonment serious damage to the body or health of the victim results.
If death occurs, the penalty will be 5 to 15 years in confinement or prison.
(Article replaced by art. 2 of the Law No. 24.410 BO 2/1/1995)
ARTICLE 107.- The maximum and minimum of the penalties established in the preceding article will be increased by one third when the crime was committed by the parents against their children and by the latter against the former or by the spouse.
(Article replaced by art. 1 of the Law No. 24.410 BO 2/1/1995)
ARTICLE 108. - A fine of seven hundred and fifty pesos to twelve thousand five hundred pesos will be punished when finding lost or helpless a minor under ten years of age or an injured or disabled person or threatened with any danger whatsoever; He fails to provide the necessary assistance when he can do so without personal risk or does not immediately notify the authority.
(Infoleg Note: fine updated by art. 1st of the Law No. 24.286 BO 29/12/1993)
CRIMES AGAINST HONOR
ARTICLE 109. - The slander or false accusation to a specific natural person of the commission of a specific and circumstantial crime that gives rise to public action, will be punished with a fine of three thousand pesos ($ 3.000.-) to thirty thousand pesos ($ 30.000. -). In no case will expressions referring to matters of public interest or those that are not assertive constitute the crime of slander.
(Article replaced by art. 1 of the Law No. 26.551 BO 27/11/2009)
ARTICLE 110. - Anyone who intentionally dishonors or discredits a specific individual will be punished with a fine of one thousand five hundred pesos ($ 1.500.-) to twenty thousand pesos ($ 20.000.-). In no case will expressions referring to matters of public interest or those that are not assertive constitute a crime of insults. Neither will the qualifying words harmful to honor constitute a crime of insults when they are related to a matter of public interest.
(Article replaced by art. 2 of the Law No. 26.551 BO 27/11/2009)
(Infoleg Note: fine updated by art. 1st of the Law No. 24.286 BO 29/12/1993)
ARTICLE 111. - The accused of insult, in cases in which the expressions are in no way related to matters of public interest, will not be able to prove the truth of the accusation except in the following cases:
1) If the act attributed to the offended person has given rise to a criminal proceeding.
2) If the plaintiff requests proof of the accusation directed against him.
In these cases, if the truth of the allegations is proven, the accused will be exempt from punishment.
(Article replaced by art. 3 of the Law No. 26.551 BO 27/11/2009)
ARTICLE 112. - (Article repealed by art. 4 of the Law No. 26.551 BO 27/11/2009)
ARTICLE 113. - Whoever publishes or reproduces, by any means, insults or slanders inferred by another, will be repressed as the author of the slander or slander in question, provided that its content was not attributed substantially faithfully to the relevant source. In no case will expressions referring to matters of public interest or those that are not assertive constitute the crime of slander.
(Article replaced by art. 5 of the Law No. 26.551 BO 27/11/2009)
ARTICLE 114. - When the insult or slander has been propagated through the press, in the capital and national territories, its authors will be subject to the sanctions of this code and the judge or court will order, if the offended person so requests, that the editors insert in the respective printed matter or newspapers, at the expense of the guilty, the sentence or satisfaction.
ARTICLE 115. - The injuries proffered by the litigants, attorneys or defenders, in the writings, speeches or reports produced before the courts and not given to publicity, will be subject only to the corresponding disciplinary corrections.
ARTICLE 116. - When the injuries are reciprocal, the court may, according to the circumstances, declare the two parties or one of them exempt from punishment.
ARTICLE 117. - The accused of libel or slander will be exempt from penalty if he publicly retracts, before answering the complaint or in the act of doing so. The retraction will not matter for the accused the acceptance of his guilt.
(Article replaced by art. 6 of the Law No. 26.551 BO 27/11/2009)
ARTICLE 117 bis.
1 °. (Clause repealed by art. 14 of the Law No. 26.388, BO 25/6/2008)
2nd. The penalty will be from six months to three years, to the one who knowingly provides a third party with false information contained in a personal data file.
3rd. The penal scale will be increased by half of the minimum and the maximum, when the fact damages a person.
4th. When the author or person responsible for the offense is a public official in the exercise of his functions, the accessory of disqualification from the performance of public office will be applied for twice the time of the sentence.
(Article incorporated by art. 32 of the Law No. 25.326 BO 2/11/2000)
CRIMES AGAINST SEXUAL INTEGRITY
(Title heading replaced by article 1 of the Law No. 25.087 BO 14/5/1999)
(Infoleg Note: Chapter I and its heading: Adultery, repealed by art. 3rd of the Law No. 24.453 BO 7/3/1995)
ARTICLE 118.- (Article repealed by art. 4 of the Law No. 24.453 BO 7/3/1995)
Chapter II
ARTICLE 119. - Anyone who sexually abuses a person when he is under thirteen (6) years old or when there is violence, threat, coercive abuse or intimidation of a relationship, will be punished with seclusion or prison from six (4) months to four (13) years. dependence, authority, or power, or taking advantage of the fact that the victim for whatever reason has not been able to freely consent to the action.
The penalty will be from four (4) to ten (10) years of seclusion or prison when the abuse, due to its duration or circumstances of its performance, has configured a seriously outrageous sexual submission for the victim.
The penalty will be six (6) to fifteen (15) years of seclusion or prison when mediating the circumstances of the first paragraph there is carnal access by anal, vaginal or oral route or perform other similar acts introducing objects or parts of the body by any of the first two ways.
In the cases of the two previous paragraphs, the penalty will be from eight (8) to twenty (20) years of confinement or prison if:
a) It results in serious damage to the physical or mental health of the victim;
b) The act was committed by ascendant, descendant, related in a straight line, brother, tutor, curator, minister of a recognized or not recognized cult, in charge of education or guardianship;
c) The author has knowledge of being a carrier of a serious sexually transmitted disease, and there has been a risk of contagion;
d) The act was committed by two or more people, or with weapons;
e) The act was committed by personnel belonging to the police or security forces, on the occasion of their duties;
f) The act was committed against a minor under eighteen (18) years of age, taking advantage of the pre-existing coexistence situation with the same.
In the case of the first paragraph, the penalty will be from three (3) to ten (10) years of seclusion or prison if the circumstances of paragraphs a), b), d), e) or f) concur.
(Article replaced by art. 1 of the Law No. 27.352 BO 17/5/2017)
ARTICLE 120 - The person who performs some of the actions provided for in the second or third paragraph of article 119 with a person under sixteen years of age will be punished with imprisonment or confinement for three to six years, taking advantage of their sexual immaturity, by reason of the majority. age of the author, his relationship of preeminence with respect to the victim, or another equivalent circumstance, provided that it does not result in a more severely punished crime.
The penalty will be imprisonment or confinement from six to ten years if there is any of the circumstances provided for in subsections a), b), c), e) or f) of the fourth paragraph of Article 119
(Article replaced by art. 3 of the Law No. 25.087 BO 14/5/1999)
ARTICLE 121. -.(Article repealed by art. 4 of the Law No. 25.087 BO 14/5/1999)
ARTICLE 122. - (Article repealed by art. 4 of the Law No. 25.087 BO 14/5/1999)
ARTICLE 123. - (Article repealed by art. 4 of the Law No. 25.087 BO 14/5/1999)
ARTICLE 124. - Seclusion or life imprisonment will be imposed, when in the cases of articles 119 and 120 the death of the offended person results.
(Article replaced by art. 1 of the Law No. 25.893 BO 26/5/2004)
Chapter III
ARTICLE 125. - Anyone who promotes or facilitates the corruption of minors under eighteen years of age, even with the consent of the victim, will be punished with seclusion or imprisonment for three to ten years.
The penalty will be six to fifteen years of confinement or prison when the victim is under thirteen years of age.
Whatever the age of the victim, the penalty will be seclusion or prison from ten to fifteen years, when there is deception, violence, threat, abuse of authority or any other means of intimidation or coercion, as well as if the perpetrator was ascendant, spouse, sibling, guardian or cohabiting person or person in charge of their education or guardianship.
(Article replaced by art. 5 of the Law No. 25.087 BO 14/5/1999)
ARTICLE 125 bis - Anyone who promotes or facilitates the prostitution of a person will be punished with imprisonment from four (4) to six (6) years in prison, even with the consent of the victim.
(Article replaced by art. 21 of the Law No. 26.842 BO 27/12/2012)
ARTICLE 126 - In the case of the previous article, the penalty will be from five (5) to ten (10) years in prison, if any of the following circumstances concur:
1. Through deception, fraud, violence, threat or any other means of intimidation or coercion, abuse of authority or a situation of vulnerability, or granting or receiving payments or benefits to obtain the consent of a person who has authority over the victim .
2. The author is ascendant, descendant, spouse, related in a straight line, collateral or partner, tutor, curator, authority or minister of any recognized or not recognized cult, or in charge of the education or guardianship of the victim.
3. The perpetrator is a public official or member of a security, police or penitentiary force.
When the victim is under eighteen (18) years of age, the penalty will be from ten (10) to fifteen (15) years in prison.
(Article replaced by art. 22 of the Law No. 26.842 BO 27/12/2012)
ARTICLE 127 - Anyone who economically exploits the exercise of prostitution of a person, even if the consent of the victim mediates, will be punished with imprisonment for four (4) to six (6) years.
The penalty will be from five (5) to ten (10) years in prison, if any of the following circumstances concur:
1. Through deception, fraud, violence, threat or any other means of intimidation or coercion, abuse of authority or a situation of vulnerability, or granting or receiving payments or benefits to obtain the consent of a person who has authority over the victim .
2. The author is ascendant, descendant, spouse, related in a straight line, collateral or partner, tutor, curator, authority or minister of any recognized or not recognized cult, or in charge of the education or guardianship of the victim.
3. The perpetrator is a public official or member of a security, police or penitentiary force.
When the victim is under eighteen (18) years of age, the penalty will be from ten (10) to fifteen (15) years in prison.
(Article replaced by art. 23 of the Law No. 26.842 BO 27/12/2012)
ARTICLE 127 bis. - (Article repealed by art. 17 of the Law No. 26.364, BO 30/4/2008)
ARTICLE 127 ter. - (Article repealed by art. 17 of the Law No. 26.364, BO 30/4/2008)
ARTICLE 128 - Anyone who produces, finances, offers, trades, publishes, facilitates, disseminates or distributes, by any means, any representation of a minor under eighteen (6) years of age will be punished with imprisonment from six (4) months to four (18) years. to explicit sexual activities or any representation of their genital parts for predominantly sexual purposes, as well as the one that organizes live shows of explicit sexual representations in which said minors participate.
It will be punished with imprisonment of four (4) months to two (2) years whoever has in his possession representations of those described in the previous paragraph for unequivocal distribution or marketing purposes.
Anyone who facilitates access to pornographic shows or provides pornographic material to minors under fourteen (1) years of age shall be punished with imprisonment of one (3) month to three (14) years.
(Article replaced by art. 2 of the Law No. 26.388, BO 25/6/2008)
ARTICLE 129 - Anyone who executes or causes to be executed for other acts of obscene exhibitions exposed to be seen involuntarily by third parties will be punished with a fine of one thousand to fifteen thousand pesos.
If those affected are under the age of eighteen, the penalty will be imprisonment from six months to four years. The same will apply, regardless of the will of the affected person, when it is a minor of thirteen years.
(Article replaced by art. 10 of the Law No. 25.087, BO 14/5/1999)
(Infoleg Note: fine previously updated by art. 1st of the Law No. 24.286 BO 29/12/1993)
Chapter IV
ARTICLE 130 - Anyone who abducts or retains a person by means of force, intimidation or fraud, with the intention of undermining their sexual integrity, will be punished with a prison term of one to four years.
The penalty will be from six months to two years, in the case of a person under the age of sixteen, with their consent.
The penalty shall be two to six years if a person under the age of thirteen is abducted or retained by force, intimidation or fraud, for the same purpose.
(Article replaced by art. 11 of the Law No. 25.087 BO 14/5/1999)
ARTICLE 131. - The person who, through electronic communications, telecommunications or any other data transmission technology, contacts a minor person, with the purpose of committing any data, will be punished with imprisonment from six (6) months to four (4) years. crime against the sexual integrity of the same.
(Article incorporated by art. 1 of the Law No. 26.904 BO 11/12/2013)
Chapter V
ARTICLE 132. - In the crimes provided for in articles 119: 1st, 2nd, 3rd paragraphs, 120: 1st paragraph, and 130, the victim may urge the exercise of public criminal action with the advice or representation of official or private institutions without profit protection or aid to victims.
(Article replaced by art. 1 of the Law No. 26.738 BO 7/4/2012)
ARTICLE 133. - The ascendants, descendants, spouses, partners, related in a straight line, siblings, guardians, curators and any person who, with abuse of a relationship of dependency, authority, power, trust or commission, cooperates in the perpetration of the crimes included in this title will be punished with the penalty of the authors.
(Article replaced by art. 13 of the Law No. 25.087 BO14 / 5/1999)
(Infoleg Note: Headings of Chapters II, III, IV and V repealed by art. 1st of the Law No. 25.087 BO14 / 5/1999)
CRIMES AGAINST MARITAL STATUS
Chapter I
Illegal marriages
ARTICLE 134. - They will be punished with imprisonment from one to four years, those who get married knowing both that there is an impediment that causes their absolute nullity.
ARTICLE 135. - They will be punished with imprisonment from two to six years:
1st. He who contracts a marriage when, knowing that there is an impediment that causes its absolute nullity, conceals this circumstance from the other party;
2nd. Whoever cheats on a person, simulates marriage with her.
ARTICLE 136. - The public official who knowingly authorizes a marriage of those included in the previous articles, will suffer, where appropriate, the penalty that is determined therein.
If he authorizes it without knowing it, when his ignorance comes from not having fulfilled the requirements that the law prescribes for the celebration of the marriage, the penalty will be a fine of seven hundred fifty to twelve thousand five hundred pesos and special disqualification for six months to two years.
A public official who, apart from the other cases of this article, proceeds to celebrate a marriage without having observed all the formalities required by law will suffer a fine of seven hundred and fifty pesos to twelve thousand five hundred pesos.
(Infoleg Note: fine updated by art. 1st of the Law No. 24.286 BO 29/12/1993)
ARTICLE 137. - The legitimate representative of a minor who gives consent for the marriage of the same shall incur the same penalty.
Chapter II
Suppression and assumption of marital status and Identity
ARTICLE 138.- Prison from 1 to 4 years will be applied to those who, by any act whatsoever, make uncertain, alter or suppress the civil status of another.
(Article replaced by art. 5 of the Law No. 24.410 BO 2/1/1995)
ARTICLE 139.- Prison from 2 to 6 years will be imposed:
1. To the woman who feigns pregnancy or childbirth to give her alleged child rights that do not correspond to her.
2. Whoever, by any act whatsoever, makes the identity of a minor under 10 years uncertain, alters or suppresses, and whoever retains or conceals it.
(Article replaced by art. 6 of the Law No. 24.410 BO 2/1/1995)
ARTICLE 139 bis - The person who facilitates, promotes or in any way intermediates in the perpetration of the crimes included in this Chapter, whether or not it has mediated a price or remuneration promise or exercised threat or abuse of authority, will be punished with seclusion or prison for 3 to 10 years.
The public official or health professional who commits any of the conducts provided for in this Chapter shall incur the penalties established in the preceding paragraph and shall also suffer special disqualification for twice the time of the conviction.
(Article incorporated by art. 7 of the Law No. 24.410 BO 2/1/1995)
Chapter I
Crimes against individual liberty
ARTICLE 140. - Those who reduce a person to slavery or servitude, under any modality, and whoever receives them in such condition to keep them there, will be punished with seclusion or prison from four (4) to fifteen (15) years. The same penalty shall be incurred by the person forcing a person to perform forced labor or services or to contract a servile marriage.
(Article replaced by art. 24 of the Law No. 26.842 BO 27/12/2012)
ARTICLE 141. - It will be punished with imprisonment or confinement from six months to three years; Anyone who illegally deprives another of his personal freedom.
ARTICLE 142. - Prison or confinement of two to six years will be applied to those who deprive another of their personal freedom, when any of the following circumstances concur:
1. If the act is committed with violence or threats or for religious or revenge purposes;
2. If the act is committed in the person of an ascendant, a brother, a spouse or another individual to whom particular respect is owed;
3. If serious damage to the person, health or business of the offended person results, provided that the fact does not matter another crime for which the law imposes a greater penalty;
4. If the act is committed simulating public authority or order of public authority;
5. If the deprivation of liberty lasts more than a month.
ARTICLE 142 bis. - Prison or confinement of five (5) to fifteen (15) years will be imposed, whoever abducts, retains or hides a person in order to force the victim or a third party, to do, not do, or tolerate something against his will. If the author achieves his purpose, the minimum sentence will be raised to eight (8) years.
The penalty will be from ten (10) to twenty-five (25) years in prison or confinement:
1. If the victim was a pregnant woman; a minor under eighteen (18) years of age; or a person over seventy (70) years of age.
2. If the act is committed in the person of an ascendant; of a brother; of the spouse or partner; or from another individual to whom particular respect is due.
3. If the victim is caused serious or very serious injuries.
4. When the victim is disabled, ill or unable to fend for himself.
5. When the agent is a public official or employee or belongs or has belonged at the time of commission of the act to an armed force, security or intelligence agency of the State.(Subsection replaced by article 3 of Annex I of the Law No. 26.394 BO 29/8/2008. Validity: it will take effect six (6) months after its promulgation. During said period, a dissemination and training program on its content and application will be carried out in the relevant areas)
6. When three (3) or more people participate in the event.
The penalty will be from fifteen (15) to twenty-five (25) years in prison if the act resulted in the death of the offended person, as a consequence not wanted by the author.
The penalty will be imprisonment or life imprisonment if the death of the offended person is intentionally caused.
The penalty of the participant who, separating himself from the others, endeavors so that the victim regains his freedom, without such result being the consequence of the achievement of the author's purpose, will be reduced from one third to one half.
(Article replaced by art. 3 of the Law No. 25.742 BO 20/6/2003)
ARTICLE 142 ter. - Prison of TEN (10) to TWENTY-FIVE (25) years and absolute and perpetual disqualification for the exercise of any public function and for private security tasks, will be imposed on the public official or the person or member of a group of people who, acting with the authorization, support or acquiescence of the State, in any way, deprive one or more persons of liberty, when this action is followed by a lack of information or a refusal to acknowledge said deprivation of liberty or to report on the person's whereabouts.
The penalty will be life imprisonment if death results or if the victim is a pregnant woman, a person under EIGHTEEN (18) years old, a person over SEVENTY (70) years old or a person with a disability. The same penalty shall be imposed when the victim is a person born during the enforced disappearance of his mother.
The criminal scale provided for in this article may be reduced by one third of the maximum and by half the minimum with respect to the perpetrators or participants who release the victim alive or provide information that allows their effective appearance alive.
(Article incorporated by article 1 of the Law No. 26.679 BO 09/05/2011)
ARTICLE 143. - It will be punished with seclusion or prison of one to three years and special disqualification for double time:
1st. The official who retained a detainee or prisoner, whose freedom he had to decree or execute;
2nd. The official who unduly prolongs the detention of a person, without making it available to the competent judge;
3rd. The official who unduly incommunicado a detainee;
4th. The head of prison or other penal establishment, or the one who replaces him, who receives an inmate without testimony of the final sentence in which the penalty has been imposed or places him in places of the establishment other than those indicated for that purpose;
5th. The warden or employee of the detainee and security prisons who receives a prisoner without an order from the competent authority, except in the case of flagrante delicto;
6th. The competent official who, having news of an illegal detention, omits, delays or refuses to cause it to cease or to report to the authority that must resolve.
ARTICLE 144. - When any of the circumstances listed in paragraphs 1, 2, 3 and 5 of Article 142 concur in the cases of the preceding article, the maximum penalty of deprivation of liberty shall be five years.
ARTICLE 144 bis. - It will be punished with prison or confinement of one to five years and special disqualification for double time:
1. The public official who, with abuse of his functions or without the formalities prescribed by law, deprives someone of his personal freedom;
2. The official who, while performing an act of service, commits any humiliation against people or applies illegal coercion to them;
3. The public official who imposes on the prisoners to keep, severities, humiliations, or illegal constraints.
If any of the circumstances listed in paragraphs 1, 2, 3 and 5 of Article 142 concur, the custodial sentence will be confinement or imprisonment for two to six years.
ARTICLE 144b.- 1. The public official who imposes on persons, legitimately or illegitimately deprived of their liberty, any kind of torture shall be punished with imprisonment for eight to twenty-five years and absolute and perpetual disqualification.
It is indifferent that the victim is legally in charge of the official, it is enough that he has de facto power over the former.
The same penalty will be imposed on individuals who execute the events described.
2. If the death of the victim is the result or occasion of torture, the custodial sentence will be imprisonment or life imprisonment. If any of the injuries provided for in Article 91 are caused, the custodial sentence will be imprisonment or imprisonment for a period of ten to twenty-five years.
3. Torture means not only physical torments, but also the imposition of mental suffering, when these are sufficiently serious.
ARTICLE 144 quater. - 1st. Prison of three to ten years will be imposed on the official who fails to avoid the commission of any of the facts of the previous article, when he has competence to do so.
2nd. The penalty will be from one to five years in prison for the official who, due to his functions, becomes aware of the commission of any of the facts of the previous article and, lacking the competence referred to in the preceding paragraph, fails to report within the twenty-four hours the fact before the official, public prosecutor or competent judge. If the official were a doctor, he will also be imposed a special disqualification for the exercise of his profession for twice the prison sentence.
3rd. The judge will suffer the penalty provided for in paragraph 1 of this article who, taking cognizance of any of the facts referred to in the previous article by reason of his function, does not instruct a summary or does not report the fact to the competent judge within twenty-four hours.
4th. In the cases provided for in this article, a special perpetual disqualification from holding public office will also be imposed. Disqualification will include having or carrying weapons of all kinds.
ARTICLE 144 fifth.- If the act provided for in article 144 third is executed, imprisonment of six months to two years and special disqualification of three to six years will be imposed on the official in charge of the distribution, establishment, department, agency or any other body, if the circumstances of the case allow to establish that the act would not have been committed if the proper vigilance had been mediated or the necessary precautions taken by said official.
ARTICLE 145. - The person who leads a person outside the borders of the Republic, with the purpose of illegally submitting him to the power of another or enlisting him in a foreign army, will be punished with a prison term of two to six years.
ARTICLE 145 bis. - He will be punished with imprisonment from four (4) to eight (8) years, whoever offers, captures, transfers, receives or welcomes people for exploitation purposes, either within the national territory, as well as from or to other countries, even if it mediates the consent of the victim.
(Article replaced by art. 25 of the Law No. 26.842 BO 27/12/2012)
ARTICLE 145b. - In the cases of article 145 bis, the penalty will be from five (5) to ten (10) years in prison, when:
1. Through deception, fraud, violence, threat or any other means of intimidation or coercion, abuse of authority or a situation of vulnerability, or granting or receiving payments or benefits to obtain the consent of a person who has authority over the victim .
2. The victim is pregnant, or is older than seventy (70) years.
3. The victim is a person who is disabled, ill or unable to fend for himself.
4. The victims were three (3) or more.
5. Three (3) or more persons participate in the commission of the crime.
6. The author is ascendant, descendant, spouse, related in a straight line, collateral or partner, guardian, curator, authority or minister of any
cult recognized or not, or in charge of the education or the care of the victim.
7. The perpetrator is a public official or member of a security, police or penitentiary force.
When the exploitation of the victim who is the object of the crime of human trafficking is consummated, the penalty will be eight (8) to twelve (12) years in prison.
When the victim is under eighteen (18) years of age, the penalty will be from ten (10) to fifteen (15) years in prison.
(Article replaced by art. 26 of the Law No. 26.842 BO 27/12/2012)
ARTICLE 146.- He will be punished with imprisonment or confinement from 5 to 15 years, whoever removes a minor under 10 years from the power of his parents, guardian or person in charge of him, and whoever retains or conceals him.
(Article replaced by art. 8 of the Law No. 24.410 BO 2/1/1995)
ARTICLE 147. - The same penalty shall be incurred by the person who, being in charge of the person of a minor under ten years of age, does not present him to the parents or guardians who request it or does not give a satisfactory reason for his disappearance.
ARTICLE 148. - It will be punished with imprisonment from one month to one year, whoever induces a person over ten years old and under fifteen years old, to flee from the home of their parents, guardians or those in charge of their person.
ARTICLE 148: bis: Anyone who economically exploits the work of a child in violation of the national regulations that prohibits child labor will be punished with imprisonment from 1 (one) to (four) years, provided that the act does not amount to a more serious crime.
Tasks that have educational or training purposes exclusively are excepted.
The father, mother, guardian or guardian of the boy or girl who incurs in the described conduct will not be punishable.
(Article incorporated by art. 1 of the Law No. 26.847 BO 12/4/2013)
ARTICLE 149. - Anyone who conceals from the investigations of the justice or the police a minor under the age of fifteen who has escaped the power or guard to which he was legally subject will be punished with imprisonment from one month to one year.
The penalty will be from six months to two years, if the minor is not ten years old.
ARTICLE 149 bis. - Anyone who makes use of threats to alarm or intimidate one or more people will be punished with imprisonment from six months to two years. In this case, the penalty will be one to three years in prison if weapons are used or if the threats are anonymous.
Anyone who makes use of threats with the purpose of forcing another to do, not do or tolerate something against their will will be punished with imprisonment or confinement for two to four years.
ARTICLE 149 ter. - In the case of the last section of the previous article, the penalty will be:
1) From three to six years in prison or confinement if weapons are used or if the threats are anonymous; 2) Five to ten years in prison or confinement in the following cases:
a) If the threats were intended to obtain any measure or concession by any member of the public powers;
b) If the threats have the purpose of compelling a person to abandon the country, a province or the places of their habitual residence or work.
Chapter II
Violación de domicilio
ARTICLE 150. - It will be punished with imprisonment from six months to two years, if another more severely punished crime does not result, the one who enters a residence or business house of another, in its dependencies or in the premises inhabited by another, against the express or presumed will of who has the right to exclude it.
ARTICLE 151. - The same penalty and special disqualification of six months to two years will be imposed on the public official or agent of the authority who raids a home without the formalities prescribed by law or outside the cases that it determines.
ARTICLE 152. - The provisions of the previous articles will not apply to those who enter the sites expressed, to avoid serious harm to themselves, the residents or a third party, nor to those who do so to fulfill a duty of humanity or provide assistance to the Justice.
Chapter III
Violation of Secrets and Privacy
(Heading replaced by art. 3 of the Law No. 26.388, BO 25/6/2008)
ARTICLE 153. - Anyone who improperly opens or accedes to electronic communication, a letter, a closed document, a telegraphic, telephone or other dispatch, that is not addressed to him, will be punished with imprisonment from fifteen (15) days to six (6) months. ; or unduly seizes an electronic communication, a letter, a statement, an office or other private paper, even if it is not closed; or unduly delete or divert from its destination a correspondence or electronic communication that is not addressed to it.
The same penalty shall be incurred by anyone who improperly intercepts or captures electronic communications or telecommunications from any private or restricted access system.
The penalty will be imprisonment for one (1) month to one (1) year, if the author also communicates to another or publishes the content of the letter, writing, dispatch or electronic communication.
If the act is committed by a public official who abuses his functions, he will also suffer special disqualification for double the time of the sentence.
(Article replaced by art. 4 of the Law No. 26.388, BO 25/6/2008)
ARTICLE 153 BIS. - It will be punished with imprisonment from fifteen (15) days to six (6) months, if a more severely punished crime does not result, the one that knowingly accedes by any means, without the due authorization or exceeding that which it possesses, to a system or computer data with restricted access.
The penalty will be one (1) month to one (1) year in prison when access is to the detriment of a computer system or data from a public state body or a public services or financial services provider.
(Article incorporated by art. 5 of the Law No. 26.388, BO 25/6/2008)
ARTICLE 154. - The postal or telegraph employee who, abusing his job, seizes a letter, a statement, a telegram or another piece of correspondence, is imposed on its content, will be punished with imprisonment from one to four years, I will deliver or communicate it to someone other than the recipient, delete it, hide it or change its text.
ARTICLE 155. - A fine of one thousand five hundred ($ 1.500) to one hundred thousand ($ 100.000) pesos will be punished, who being in possession of a correspondence, an electronic communication, a closed document, a telegraphic, telephone or other dispatch, not intended for publicity, make them publish unduly, if the fact causes or may cause damage to third parties.
Anyone who has acted with the unequivocal purpose of protecting a public interest is exempt from criminal liability.
(Article replaced by art. 6 of the Law No. 26.388, BO 25/6/2008)
ARTICLE 156. - He will be punished with a fine of pesos one thousand five hundred to pesos ninety thousand and special disqualification, where appropriate, for six months to three years, whoever has notice, due to his state, trade, employment, profession or art, of a secret whose disclosure may cause harm, I will reveal it without just cause.
(Infoleg Note: fine updated by art. 1st of the Law No. 24.286 BO 29/12/1993)
ARTICLE 157. - The public official who reveals facts, actions, documents, or data, which by law must be subject to law, will be punished with imprisonment from one (1) month to two (2) years and special disqualification from one (1) to four (4) years. secrets.
(Article replaced by art. 7 of the Law No. 26.388, BO 25/6/2008)
ARTICLE 157 bis. -It will be punished with a prison sentence of one (1) month to two (2) years who:
1. Knowingly and illegitimately, or in violation of data confidentiality and security systems, you will access, in any way, a personal data bank;
2. Illegally provide or disclose to other information recorded in a file or in a personal data bank whose secrecy is required to preserve by provision of the law.
3. Illegally insert or have data inserted into a personal data file.
When the author is a public official, he will also suffer a special disqualification penalty of one (1) to four (4) years.
(Article replaced by art. 8 of the Law No. 26.388, BO 25/6/2008)
Chapter IV
Crimes against freedom of work and association
ARTICLE 158. - It will be punished with imprisonment from one month to one year; the worker who exercises violence on another to compel him to take part in a strike or boycott. The same penalty shall be borne by the employer, employer or employee who, by himself or on behalf of someone, exerts coercion to force another to take part in a lock-out and to leave or enter a specific worker or employer society.
ARTICLE 159. - Anyone who, due to fraudulent machinations, malicious suspicions or any means of unfair propaganda, will try to divert, for their benefit, the clientele of a commercial or industrial establishment will be punished with a fine of pesos two thousand five hundred to pesos thirty thousand.
(Infoleg Note: fine updated by art. 1st of the Law No. 24.286 BO 29/12/1993)
Chapter V
Crimes against freedom of assembly
ARTICLE 160. - Anyone who materially prevents or disturbs a lawful meeting, with insults or threats to the speaker or the institution organizing the event, will be punished with imprisonment from fifteen days to three months.
Chapter VI
Crimes against freedom of the press
ARTICLE 161. - Anyone who prevents or hinders the free circulation of a book or newspaper will suffer a prison term of one to six months.
CRIMES AGAINST PROPERTY
Chapter I
Theft
ARTICLE 162. - Anyone who illegitimately seizes a movable thing, totally or partially alien, will be punished with imprisonment from one month to two years.
ARTICLE 163. - Prison from one to six years will be applied in the following cases:
1º When the theft is of products separated from the ground or of machines, work instruments or agrochemical products, fertilizers or other similar inputs, left in the field, or of wires or other elements of the fences.
(Subsection replaced by art. 2 of the Law No. 25.890 BO21 / 5/2004)
2º When the theft is committed on the occasion of a fire, explosion, flood, shipwreck, railroad accident, riot or riot or taking advantage of the facilities arising from any other disaster or public commotion or a particular misfortune of the victim;
3º When use is made of a pick, false key or other similar instrument or of a true key that has been subtracted, found or retained; (Subsection replaced by art. 1 of the Law No. 24.721BO 18/11/1996)
4th When it is perpetrated with escalation.
5º When the theft is of merchandise or other movable things transported by any means and is committed between the moment of its loading and that of its destination or delivery, or during the stopovers that are made. . (Subsection incorporated by article 1 of the Law No. 23.468 BO 26/1/1987)
6º When the theft is of vehicles left on the public highway or in places of public access. . (Subsection incorporated by article 1 of the Law No. 24.721 BO 18/11/1996)
ARTICLE 163 bis - In the cases set forth in this Chapter, the penalty shall be increased by one third in its minimum and in its maximum, when the person carrying out the crime is a member of the security, police or prison service.
(Article incorporated by art. 2 of the Law No. 25.816 BO9 / 12/2003)
Chapter II
Theft
ARTICLE 164. - Anyone who illegitimately seizes a movable thing, totally or partially foreign, with force on things or with physical violence on people, will be punished with imprisonment from one month to six years, whether the violence takes place before the theft to facilitate it, in the act of committing it or after it has been committed to ensure its impunity.
ARTICLE 165. - Seclusion or imprisonment of ten to twenty-five years will be imposed, if the robbery results in a homicide.
ARTICLE 166. - Seclusion or prison of FIVE to FIFTEEN years will be applied:
1. If due to the violence exercised to carry out the theft, any of the injuries provided for in articles 90 and 91 are caused.
2. If the robbery is committed with weapons, or in an unpopulated area and in a gang.
If the weapon used were to be fired, the foreseen penal scale will be raised by one third in its minimum and in its maximum.
If the robbery is committed with a firearm whose aptitude for the shot could not be considered in any way credited, or with a prop weapon, the penalty will be THREE to TEN years of confinement or prison.
(Article replaced by art. 1 of the Law No. 25.882 BO 26/4/2004)
ARTICLE 167. - Seclusion or prison of three to ten years will be applied:
1st. If the robbery is committed in the desert;
2nd. If it is committed in populated places and in band;
3rd. If the theft is perpetrated with perforation or fracture of the wall, fence, ceiling or floor, door or window of an inhabited place or its immediate dependencies;
4th. If any of the circumstances listed in article 163 concur.
ARTICLE 167 bis - In the cases set forth in this Chapter, the penalty shall be increased by one third in its minimum and in its maximum, when the person carrying out the crime is a member of the security, police or prison service.
(Article incorporated by art. 3 of the Law No. 25.816 BO9 / 12/2003)
Chapter 2 bis: Cattle
(Chapter incorporated by art. 3 of the Law No. 25.890 BO21 / 5/2004)
ARTICLE 167 ter.- Anyone who illegitimately seizes ONE (2) or more head of cattle, larger or smaller, totally or partially foreign, found in rural establishments or, on the occasion of its transport, from the moment it is loaded to that of its destination or delivery, including any stopovers made during the journey.
The penalty will be THREE (3) to EIGHT (8) years in prison if the herding is FIVE (5) or more head of cattle, larger or smaller, and a motorized means is used for their transportation.
(Article incorporated by art. 3 of the Law No. 25.890 BO21 / 5/2004)
ARTICLE 167 quater.- Seclusion or imprisonment of FOUR (4) to TEN (10) years will be applied when any of the following circumstances concur:
1.- The seizure shall be carried out under the conditions set forth in article 164.
2.- Marks or signals used for the identification of the animal are altered, suppressed or falsified.
3.- False purchase certificates, transit guides, brand or signal tickets, or equivalent documentation are falsified or used.
4.- A person who is dedicated to raising, caring for, slaughtering, preparing, marketing or transporting livestock or products or by-products of animal origin will participate in the event.
5.- A public official will participate in the act who, violating the duties in his charge or abusing his functions, will directly or indirectly facilitate his commission.
6.- THREE (3) or more people will participate in the event.
(Article incorporated by art. 3 of the Law No. 25.890 BO21 / 5/2004)
ARTICLE 167 quinque.- In the event of conviction for a crime provided for in this Chapter, the guilty party, if he is a public official or meets the personal conditions described in article 167 quater section 4, will also suffer special disqualification for twice the time of the sentence.
In all the aforementioned cases, a fine equivalent to TWO (2) to TEN (10) times the value of the stolen cattle will also be imposed jointly ".
(Article incorporated by art. 3 of the Law No. 25.890 BO21 / 5/2004)
Chapter III
Extortion
ARTICLE 168. - It will be punished with seclusion or prison for five to ten years, whoever, with intimidation or simulating public authority or false order thereof, forces another to deliver, send, deposit or make things available to him or to a third party, money or documents that produce legal effects.
Anyone who, by the same means or with violence, forces another to sign or destroy obligation or credit documents shall incur the same penalty.
ARTICLE 169. - Anyone who, by threat of accusations against honor or violation of secrets, commits any of the facts expressed in the preceding article, will be punished with imprisonment or confinement for three to eight years.
ARTICLE 170. - Seclusion or imprisonment of five (5) to fifteen (15) years will be imposed, whoever abducts, retains or hides a person to obtain ransom. If the author achieves his purpose, the minimum sentence will be raised to eight (8) years.
The penalty will be from ten (10) to twenty-five (25) years in prison or confinement:
1. If the victim was a pregnant woman; a minor under eighteen (18) years of age or over seventy (70) years of age.
2. If the act is committed in the person of an ascendant; of a brother; of the spouse or partner; or from another individual to whom particular respect is due.
3. If the victim is caused serious or very serious injuries.
4. When the victim is a disabled person; sick; or that she can't help herself.
5. When the agent is a public official or employee; or belongs or has belonged to any security force or intelligence agency of the State.
6. When three (3) or more people participate in the event.
The penalty shall be from fifteen (15) to twenty-five (25) years in prison or confinement if the act results in the death of the offended person, as a consequence not wanted by the author.
The penalty will be imprisonment or life imprisonment if the death of the offended person is intentionally caused.
The penalty of the participant who, separating himself from the others, endeavors so that the victim regains freedom, without such a result being the consequence of the payment of the price of freedom, shall be reduced from one third to one half.
(Article replaced by art. 4 of the Law No. 25.742 BO 20/6/2003)
ARTICLE 171. - He will suffer imprisonment for two to six years, whoever steals a corpse to have his return paid.
Chapter IV
Scams and other frauds
ARTICLE 172. - He will be punished with imprisonment from one month to six years, whoever defrauds another with an assumed name, simulated quality, false titles, lied influence, breach of trust or pretending property, credit, commission, company or negotiation or using any other ruse or deception.
ARTICLE 173.- Without prejudice to the general provision of the preceding article, special cases of fraud will be considered and will suffer the penalty that it establishes:
1. Whoever defrauds another in the substance, quality or quantity of the things delivered by virtue of a contract or a mandatory title;
2. Whoever, to the detriment of another, refuses to restore or does not restore in due time, money, effects or any other personal thing that has been given in deposit, commission, administration or other title that produces an obligation to deliver or return;
3. Anyone who defrauds, by deceivingly signing a document;
4. Anyone who commits any fraud by abusing a blank signature, extending with it any document to the detriment of the person who gave it or a third party;
5. The owner of a movable thing that takes it from the person who has it legitimately in his possession, to the detriment of himself or a third party;
6. Whoever grants to the detriment of another, a simulated or false contract received;
7. Anyone who, by provision of the law, the authority or by a legal act, is in charge of the management, administration or care of property or pecuniary interests of others, and in order to procure for himself or for a third an undue profit or to cause damage, violating their duties will harm the entrusted interests or will abusively oblige the owner thereof;
8. Whoever commits fraud, substituting, hiding or mutilating any process, file, document or other important paper;
9. Whoever sells or encumbers as free goods, those that are in dispute or are seized or encumbered; and whoever sells, encumbers or rents as his own, other people's property;
10. Whoever defrauds, on the pretext of supposed remuneration to judges or other public employees;
11. Anyone who renders the right to an asset impossible, uncertain or litigious, or the fulfillment, under the agreed conditions, of an obligation relating to it, either by means of any legal act relating to the same asset, even if it does not import alienation, or by removing it, retaining it. , hiding or damaging it, provided that the right or obligation had been agreed to another for a price or as a guarantee;
12. The fiduciary holder, the administrator of common investment funds or the giver of a leasing contract, who, for his own benefit or that of a third party, disposes, encumbers or damages the assets and thus defrauds the rights of the co-contractors; (Clause incorporated by art. 82 of the Law No. 24.441 BO 16/1/1995)
13. Whoever, being authorized to extrajudicially execute a property, will execute it to the detriment of the debtor, knowing that it is not in default, or maliciously fails to complete the procedures established for the auction through said special procedure; (Clause incorporated by art. 82 of the Law No. 24.441 BO 16/1/1995)
14. The holder of mortgage bills that, to the detriment of the debtor or third parties, fails to record the payments received on the title. (Clause incorporated by art. 82 of the Law No. 24.441 BO 16/1/1995)
15. Anyone who defrauds through the use of a purchase, credit or debit card, when it has been forged, adulterated, stolen, stolen, lost or obtained from the legitimate issuer through trick or deception, or through the unauthorized use of their data, even if it does so by means of an automatic operation. (Subsection incorporated by article 1 of the Law No. 25.930 BO 21/9/2004)
16. Anyone who defrauds another by any computer manipulation technique that alters the normal operation of a computer system or the transmission of data. (Subsection incorporated by article 9 of the Law No. 26.388, BO 25/6/2008)
ARTICLE 174. - He will suffer prison from two to six years:
1st. Whoever, in order to procure himself or another an illegal profit to the detriment of an insurer or a giver of a gross loan, sets fire to or destroys an insured thing or an insured ship or whose cargo or freight is insured or on which a gross loan has been made;
2º Whoever abuses the needs, passions or inexperience of a minor or an incapable person, declared or not declared such, to make him sign a document that involves any legal effect, in damage to him or to another, even if the act is civilly null ;
3rd. Whoever defrauds using false weights or measures;
4th. The businessman or builder of any work or the seller of construction materials who commits, in the execution of the work or in the delivery of the materials, a fraudulent act capable of endangering the safety of people, property or of the State;
5th. Anyone who commits fraud to the detriment of any public administration.-
Inline.- The one that maliciously affects the normal development of a commercial, industrial, agricultural, mining establishment or exploitation or intended for the provision of services; Destroy, damage, make disappear, hide or fraudulently diminish the value of raw materials, products of any nature, machines, equipment or other capital goods. (Subsection incorporated by article 2 of the Law No. 25.602 BO20 / 6/2002)
In the cases of the three preceding paragraphs, the guilty party, if he is a public official or employee, will also suffer a special perpetual disqualification. (Paragraph replaced by article 3 of the Law No. 25.602BO20 / 6/2002)
(Infoleg Note: By art. 4th of the Law No. 25.602 BO 20/6/2002 incorporated art. 174 bis but was vetoed by Decree No. 1059/2002 BO 20/6/2002)
ARTICLE 175. - It will be punished with a fine of one thousand pesos to fifteen thousand pesos:
1st. Whoever finds a lost thing that does not belong to him or a treasure and appropriates the thing or part of the treasure corresponding to the owner of the land, without observing the provisions of the Civil Code;
2nd. Whoever appropriates a foreign property, in whose possession he has entered as a result of an error or a fortuitous event;
3rd. He who sells the pledge on which he lent money or will appropriate it or dispose of it, without the legal formalities;
4th. The creditor who knowingly demands or accepts from his debtor, as a document, credit or guarantee for an unexpired obligation, a check or money order of a later date or blank.-
(Infoleg Note: fine updated by art. 1st of the Law No. 24.286 BO 29/12/1993)
Chapter IV bis
Usury
ARTICLE 175 bis. - Anyone who, taking advantage of the need, lightness or inexperience of a person, makes him give or promise, in any way, for himself or for another, interests or other pecuniary advantages evidently disproportionate to his provision, or grant collections or guarantees of character extortion, will be punished with imprisonment from one to three years and a fine of three thousand pesos to thirty thousand pesos.
The same penalty will be applicable to the person who knowingly acquires, transfers or asserts a usurious credit.
The prison sentence will be from three to six years, and the fine from fifteen thousand pesos to one hundred fifty thousand pesos, if the author is a professional or habitual usury lender or commission agent.
(Infoleg Note: fine updated by art. 1st of the Law No. 24.286 BO 29/12/1993)
Chapter V
Bankrupt and other punishable debtors
ARTICLE 176. - The merchant declared bankrupt who, in fraud of his creditors, has incurred in some of the following events will be punished, as a fraudulent bankrupt, with imprisonment of two to six years and special disqualification of three to ten years:
1º To simulate or suppose debts, disposals, expenses or losses;
2º Failure to justify the departure or existence of assets that it should have; subtract or hide something that corresponds to the mass;
3rd Grant undue advantages to any creditor.
ARTICLE 177. - The merchant who has caused his own bankruptcy and harmed his creditors, due to his excessive expenses in relation to capital and number, will be punished as a guilty bankrupt, with imprisonment from one month to one year and special disqualification from two to five years. family members, ruinous speculation, gambling, business abandonment or any other act of gross negligence or recklessness.
ARTICLE 178. - In the case of the bankruptcy of a commercial company or of a legal person that exercises commerce, or the liquidation procedure has been opened without bankruptcy of a bank or other financial entity, any director, trustee, administrator, member of the commission auditor or manager of the failed company or establishment or of the bank or financial entity in liquidation without bankruptcy, or accountant or bookkeeper thereof, who has cooperated in the execution of any of the acts referred to in the previous articles, will be repressed with the penalty of fraudulent or culpable bankruptcy, if any. With the same penalty, the member of the board of directors or director, trustee, member of the supervisory or surveillance board, or manager, in the case of a cooperative or mutual society, will be punished.
ARTICLE 179. - The non-merchant debtor civilly bankrupt who, in order to defraud his creditors, has committed or is committing any of the acts mentioned in article 176, will be punished with prison from one to four years.
Anyone who, during the course of a process or after a conviction, maliciously destroys, renders useless, damages, conceals or makes disappear assets of his patrimony or fraudulently diminishes its value, will be punished with imprisonment from six months to three years. I will frustrate, in whole or in part, the fulfillment of the corresponding civil obligations.
ARTICLE 180. - The creditor who consents to a concordat, agreement or judicial transaction, by virtue of a collusion with the debtor or with a third party, for which he has stipulated special advantages in the case of acceptance, will be punished with imprisonment from one month to one year. of the concordat, agreement or transaction.
The same penalty will be suffered, where appropriate, by any debtor or director, manager or administrator of a joint-stock company or cooperative or of a legal person of another nature, in a state of bankruptcy or legal competition for assets, who concludes an agreement of this kind .
Chapter VI
Usurpation
ARTICLE 181.- It will be punished with imprisonment from six months to three years:
1º the one who by violence, threats, deceit, abuse of trust or clandestinity deprives another, totally or partially, of the possession or possession of a property or the exercise of a real right constituted on it, whether the dispossession occurs by invading the real estate, staying in it or expelling the occupants;
2º who, in order to seize all or part of a property, destroys or alters the terms or limits thereof;
3rd who, with violence or threats, disturb the possession or possession of a property.
(Article replaced by art. 2 Law No. 24.454 BO 7/3/1995)
ARTICLE 182. - It will be punished with imprisonment from fifteen days to one year:
1º Whoever unlawfully and with the purpose of causing harm to another draws water from dams, ponds or other reservoirs, rivers, streams, fountains, canals or aqueducts or draws them in greater quantity than that to which they are entitled;
2º Anyone who hinders the exercise of the rights that a third party may have over said waters;
3º Whoever unlawfully and with the purpose of causing damage to another dam, divert or detain the waters of rivers, streams, canals or fountains or usurp any right regarding their course.
The penalty will be increased up to two years, if to commit the crimes expressed in the previous numbers, they break or alter dams, locks, gates or other similar works made in rivers, streams, fountains, deposits, canals or aqueducts.
Chapter VII
Damage
ARTICLE 183. - Anyone who destroys, renders useless, makes disappear or in any way damages a movable or immovable thing or an animal, totally or partially alien, will be punished with imprisonment from fifteen days to one year, provided that the act does not constitute another more severely punished crime. .
The same penalty shall be incurred by anyone who alters, destroys or renders data, documents, programs or computer systems useless; or sell, distribute, circulate or introduce into a computer system, any program intended to cause harm. (Paragraph incorporated by art. 10 of the Law No. 26.388, BO 25/6/2008)
ARTICLE 184. - The penalty will be from three (3) months to four (4) years in prison, if any of the following circumstances occurs:
1. Execute the act in order to prevent the free exercise of authority or in revenge for its determinations;
2. Produce infection or contagion in birds or other domestic animals;
3. Employing poisonous or corrosive substances;
4. Commit the crime in depopulated and gang;
5. Execute it in archives, registers, libraries, museums or on bridges, roads, promenades or other goods for public use; or on graves, commemorative signs, monuments, statues, pictures, or other art objects placed in buildings or public places; or in data, documents, programs or public computer systems;
6. Execute it in computer systems intended for the provision of health services, communications, energy supply or transport, means of transport or other public service.
(Article replaced by art. 11 of the Law No. 26.388, BO 25/6/2008)
Chapter VIII
General disposition
ARTICLE 185. - They are exempt from criminal responsibility, without prejudice to civil liability, for thefts, fraud or damages that are reciprocally caused:
1. The spouses, ascendants, descendants and related in the straight line;
2. The widowed consort, with respect to things belonging to his deceased spouse, as long as they have not passed into the power of another;
3. Brothers and brothers-in-law, if they lived together.
The exception established in the previous paragraph is not applicable to strangers who participate in the crime.
CRIMES AGAINST PUBLIC SAFETY
Chapter I
Fires and other ravages
ARTICLE 186. - The one that causes fire, explosion or flood, will be repressed:
1º With seclusion or prison from three to ten years, if there is a common danger to property;
2º With seclusion or prison from three to ten years, the one who causes fire or destruction by any other means:
a) Of cereals in stacks, sheaves or bags, or of the same not yet harvested;
b) From forests, vineyards, olive groves, reed beds, cotton fields, yerba plantations or any other plantation of trees or shrubs in operation, either with their fruits standing or harvested;
c) Of cattle in the fields or of their products piled up in the field or deposited;
d) Of firewood or charcoal, stacked or piled up in the fields of their exploitation and destined for trade;
e) Alfalfa or any other forage crop, whether standing or stacked, wrapped, ensiled or packed;
f) Of the same products mentioned in the previous paragraphs, loaded, stopped or in motion;
3º With seclusion or prison from three to fifteen years, if there is danger to a public archive, library, museum, arsenal, shipyard, gunpowder factory or military pyrotechnics or artillery park;
4º With seclusion or prison from three to fifteen years, if there is danger of death for any person;
5º With imprisonment or imprisonment from eight to twenty years, if the act is the immediate cause of the death of any person.
ARTICLE 187. - Anyone who causes damage by submerging or stranding a ship, collapse of a building, flooding, a mine or any other powerful means of destruction will incur, according to the cases, the penalties indicated in the preceding article.
ARTICLE 188. - Anyone who, by destroying or disabling dikes or other works destined for common defense against floods or other disasters, will raise the danger of their occurrence will be punished with a prison term of one to six years.
The same penalty shall apply to those who, in order to prevent the extinction of a fire or defense works against a flood, submergence, shipwreck or other disaster, subtract, conceal or render useless, materials, instruments or other means destined for extinction or destruction. referred defense.
ARTICLE 189. - The person who, due to recklessness or negligence, due to lack of skill in his art or profession, or due to non-observance of regulations or ordinances, causes a fire or other damage will be punished with imprisonment from one month to one year.
If the guilty act or omission puts a person in danger of death or causes the death of a person, the maximum penalty may be raised up to five years.
(Article replaced by art. 3 of the Law No. 25.189 BO 28/10/1999)
ARTICLE 189 bis . - (1) Whoever, in order to contribute to the commission of crimes against common security or to cause damage to machines or in the elaboration of products, acquires, manufactures, supplies, secures or has in his possession pumps, materials or Devices capable of releasing nuclear energy, radioactive materials or nuclear substances, or their waste, radioactive isotopes, explosive, flammable, asphyxiating, toxic or biologically dangerous materials, or substances or materials intended for their preparation, will be punished with imprisonment or imprisonment of FIVE ( 5) to FIFTEEN (15) years.
The same penalty will be imposed on those who, knowing or should know that they contribute to the commission of crimes against common security or intended to cause damage to machines or the manufacture of products, give instructions for the preparation of substances or materials mentioned in the previous paragraph.
The simple possession of the materials referred to in the preceding paragraph, without due legal authorization, or that cannot be justified for reasons of domestic or industrial use, will be punished with imprisonment from THREE (3) to SIX (6) years.
(2) The simple possession of firearms for civilian use, without the due legal authorization, will be punished with imprisonment from 6 (SIX) months to 2 (TWO) years and a fine of ONE THOUSAND PESOS ($ 1.000.-) to TEN THOUSAND PESOS ($ 10.000.-).
If the weapons were of war, the penalty will be TWO (2) to SIX (6) years in prison.
The carrying of firearms for civilian use, without due legal authorization, will be punished with imprisonment from ONE (1) year to FOUR (4) years.
If the weapons were of war, the penalty shall be THREE (3) years and SIX (6) months to EIGHT (8) years and SIX (6) months of confinement or prison.
If the bearer of the weapons to which the two preceding paragraphs refer is an authorized holder of the weapon in question, the corresponding criminal scale will be reduced by one third of the minimum and maximum.
The same reduction provided for in the preceding paragraph may be made when, due to the circumstances of the event and the personal conditions of the perpetrator, the lack of intention to use the weapons carried for illegal purposes is evident.
In the two preceding cases, a special disqualification will also be imposed for twice the time of the sentence.
Anyone who registers a criminal record for a fraudulent crime against people or with the use of weapons, or is found enjoying a previous release or exemption from prison and carries a firearm of any caliber, will be punished with imprisonment of FOUR (4) to TEN (10) years.
(Infoleg Note: By art. 4th of the Law No. 25.886 BO 5/5/2004, it is established that the first paragraph of point 2 of article 189 bis will enter into force as of the end of the established term of SIX MONTHS, in which the National Executive Power will have, the pertinent measures to facilitate the registration free and simple firearms for civil use or conditional civil use. Likewise, in the same term, the means to receive from the population the voluntary surrender of all firearms that are designated by the highest judicial authority designated in each jurisdiction will be arbitrated throughout the territory of the Nation. its owner or holder decides to carry out.)
(3) The collection of firearms, parts or ammunition of these, or the possession of instruments to produce them, without due authorization, will be punished with seclusion or imprisonment for FOUR (4) to TEN (10) years.
Anyone who makes the illegal manufacture of firearms a habitual activity will be punished with imprisonment or imprisonment from FIVE (5) to TEN (10) years.
(4) Anyone who delivers a firearm, by any title, to anyone who does not prove their status as a legitimate user will be punished with imprisonment from ONE (1) year to SIX (6) years.
The penalty will be THREE (3) years and SIX (6) months to TEN (10) years in prison if the weapon was delivered to a minor under EIGHTEEN (18) years.
If the author makes the illegal provision of firearms a habitual activity, the penalty will be FOUR (4) to FIFTEEN (15) years of seclusion or prison.
If the culprit of any of the conducts contemplated in the three previous paragraphs has authorization for the sale of firearms, he will also be imposed a special absolute and perpetual disqualification, and a fine of TEN THOUSAND PESOS ($ 10.000.-).
(5) It will be punished with imprisonment from THREE (3) to EIGHT (8) years and special disqualification for twice the time of the sentence who, having the due legal authorization to manufacture weapons, omits its number or engraving in accordance with the current regulations, or assign TWO (2) or more identical weapons numbers or engravings.
The same penalty shall be incurred by the person who adulterates or removes the number or engraving of a firearm.
(Article replaced by art. 1 of the Law No. 25.886 BO 5/5/2004.)
ARTICLE 189 ter. (Article repealed by art. 2 of the Law No. 25.886 BO 5/5/2004.)
Chapter II
Crimes against the safety of traffic and means of transport and communication
(Name replaced by article 1 of the Law No. 26.362, BO 16/4/2008)
ARTICLE 190. - Anyone who knowingly executes any act that endangers the safety of a ship, floating construction or aircraft will be punished with a prison term of two to eight years.
If the event produces shipwreck, stranding or air disaster, the penalty will be six to fifteen years in confinement or prison.
If the act causes injury to any person, the penalty will be six to fifteen years of seclusion or prison, and if it causes death, ten to twenty-five years of seclusion or prison.
The preceding provisions shall apply even if the action falls on a thing proper, if the fact derives a danger to the common security.
ARTICLE 191. - Anyone who uses any means to stop or hinder the progress of a train or to make it derail, will be punished:
1º With imprisonment from six months to three years, if no derailment or other accident occurs;
2º With imprisonment of two to six years, if derailment or other accident occurs;
3º With seclusion or prison from three to ten years, if as a result of the accident, some person is injured;
4th With seclusion or prison from ten to twenty-five years, if the death of any person results.
ARTICLE 192. - Anyone who executes any act tending to interrupt the operation of a telegraph or telephone destined to the service of a railway will be punished with the penalties established in the previous article in their respective cases.
ARTICLE 193. - It will be punished with imprisonment from one month to one year, if the fact does not imply a more severely punished crime, that of throwing blunt bodies or projectiles against a moving train or tram.
ARTICLE 193 bis. - The driver who creates a situation of danger to life or physical integrity of people will be punished with imprisonment from six (6) months to three (3) years and special disqualification from driving for twice the time of the sentence, by participating in a speed or skill test with a motor vehicle, carried out without the proper authorization of the competent authority.
The same penalty shall apply to whoever organizes or promotes the conduct provided for in this article, and whoever makes it possible for a third party to carry it out by handing over a motor vehicle owned or entrusted to their custody, knowing that it will be used for that purpose. .
(Article replaced by art. 5 of the Law No. 27.347 BO 6/1/2017).
ARTICLE 194. - Whoever, without creating a situation of common danger, prevents, hinders or hinders the normal functioning of transport by land, water or air or public communication services, provision of water, electricity or energy substances, will be repressed with prison from three months to two years.
ARTICLE 195. - Drivers, captains, pilots, mechanics and other employees of a train or ship, who leave their posts during their respective services, will be punished with imprisonment from one month to one year, if the act does not matter a more severely punished crime. before arriving at the port or at the end of the rail journey.
ARTICLE 196. - The person who, due to imprudence or negligence or due to lack of skill in his art or profession or due to non-observance of regulations or ordinances, causes a derailment, shipwreck or other accident foreseen in this chapter, will be punished with imprisonment from six months to three years.
If any person is injured or killed as a result, a prison term of one to five years will be imposed.
(Article replaced by art. 4 of the Law No. 25.189 28 / 10 / 1999)
ARTICLE 197. - Anyone who interrupts or hinders telegraphic, telephone or other communication or violently resists the reestablishment of interrupted communication will be punished with imprisonment from six (6) months to two (2) years.
(Article replaced by art. 12 of the Law No. 26.388, BO 25/6/2008)
Chapter III
Piracy
ARTICLE 198. - It will be punished with seclusion or prison from three to fifteen years:
1º Anyone who practices in the sea or in navigable rivers, any act of predation or violence against a ship or against people or things that are in it, without being authorized by any belligerent power or exceeding the limits of a legitimately granted authorization;
2º Anyone who practices an act of predation or violence against an aircraft in flight or while carrying out operations immediately prior to the flight, or against people or things that are in them, without being authorized by any belligerent power or exceeding the limits of an authorization legitimately granted;
3º Whoever, through violence, intimidation or deception, usurps the authority of a ship or aircraft, in order to seize it or to dispose of the things or people it carries;
4º Whoever, in collusion with pirates, gives them a ship or aircraft, its cargo or what belongs to its passenger or crew;
5º Whoever, with threats or violence, opposes the commander or crew defending the ship or aircraft attacked by pirates;
6º Whoever, on his own account or for someone else, equates a ship or aircraft destined for piracy;
7º Whoever, from the territory of the Republic, knowingly traffics with pirates or provides them with assistance.
ARTICLE 199. - If the acts of violence or hostility mentioned in the previous article are followed by the death of any person who is on the attacked ship or aircraft, the penalty will be from ten to twenty-five years of confinement or prison.
Chapter IV
Crimes against public health. Poisoning or adulterating drinking water or food or medicine
ARTICLE 200. - He will be punished with seclusion or imprisonment for THREE (3) to TEN (10) years and a fine of TEN THOUSAND PESOS ($ 10.000) to TWO HUNDRED THOUSAND PESOS ($ 200.000), whoever will poison, adulterate or falsify in a way dangerous to the health, drinking water or food or medicinal substances intended for public use or consumption by a group of people.
(Article replaced by art. 1 of the Law No. 26.524 BO 5/11/2009)
ARTICLE 201. - The penalties of the preceding article shall apply to the person who sells, puts up for sale, supplies, distributes or stores drinking water, food or medicinal substances or goods dangerous to health for marketing purposes, disguising their harmful nature.
(Article replaced by art. 2 of the Law No. 26.524 BO 5/11/2009)
ARTICLE 201 bis. - If as a consequence of the poisoning, adulteration or falsification of drinking water or food or medicinal substances, the death of a person results, the penalty will be TEN (10) to TWENTY-FIVE (25) years of confinement or prison; if very serious injuries result, the penalty will be THREE (3) to FIFTEEN (15) years of confinement or prison; if serious injuries result, the penalty will be THREE (3) to TEN (10) years of confinement or prison.
In all cases, a fine of PESOS TEN THOUSAND ($ 10.000) to PESOS TWO HUNDRED THOUSAND ($ 200.000) will also be applied.
(Article incorporated by art. 3 of the Law No. 26.524 BO 5/11/2009)
ARTICLE 202. - Anyone who spreads a dangerous and contagious disease for people will be punished with seclusion or prison for three to fifteen years.
ARTICLE 203. - When any of the events provided for in the previous articles is committed due to recklessness, negligence, lack of skill in their art or profession or due to non-observance of the duties in charge, a fine of FIVE THOUSAND PESOS ($ 5.000) to ONE HUNDRED THOUSAND PESOS ($ 100.000) will be imposed ( $ 6); If it results in illness or death, a prison term of SIX (5) months to FIVE (XNUMX) years will be applied.
(Article replaced by art. 4 of the Law No. 26.524 BO 5/11/2009)
ARTICLE 204.- It will be punished with imprisonment of SIX (6) months to THREE (3) years who, being authorized for the sale of medicinal substances, will supply them in kind, quality or quantity not corresponding to the medical prescription, or different from that declared or agreed upon, or exceeding the regulations for the replacement of medicinal substances, or without the presentation and filing of the prescription of those products that, according to current regulations, cannot be marketed without that requirement.
(Article replaced by art. 5 of the Law No. 26.524 BO 5/11/2009)
ARTICLE 204 bis.- When the crime provided for in the preceding article is committed by negligence, the penalty will be a fine of PESOS FIVE THOUSAND ($ 5.000) to PESOS ONE HUNDRED THOUSAND ($ 100.000).
(Article replaced by art. 6 of the Law No. 26.524 BO 5/11/2009)
ARTICLE 204 ter.- Anyone who produces or manufactures medicinal substances in unauthorized establishments will be punished with imprisonment for ONE (1) to FOUR (4) years and a fine of TEN THOUSAND PESOS ($ 10.000) to TWO HUNDRED THOUSAND PESOS ($ 200.000).
(Article replaced by art. 7 of the Law No. 26.524 BO 5/11/2009)
ARTICLE 204 quater.- It will be punished with a fine of PESOS TEN THOUSAND ($ 10.000) to PESOS TWO HUNDRED THOUSAND ($ 200.000), which being in charge of the direction, administration, control or surveillance of an establishment destined to the sale, storage, distribution, production or manufacture of medicinal substances, knowingly, fails to comply with the duties in charge, enabling the commission of any of the acts provided for in article 204.
(Article replaced by art. 8 of the Law No. 26.524 BO 5/11/2009)
ARTICLE 204 Quinquies: Anyone who, without authorization, sells medicinal substances that require a prescription for marketing will be punished with imprisonment for SIX (6) months to THREE (3) years.
(Article incorporated by art. 9 of the Law No. 26.524 BO 5/11/2009)
ARTICLE 205. - Anyone who violates the measures adopted by the competent authorities to prevent the introduction or spread of an epidemic will be punished with imprisonment from six months to two years.
ARTICLE 206. - Anyone who violates the rules established by the animal health police laws will be punished with imprisonment from ONE (1) to SIX (6) months.
(Article replaced by art. 4 of the Law No. 25.890 BO 21/5/2004)
ARTICLE 207. - In the case of conviction for a crime provided for in this Chapter, the guilty party, if he is a public official or exercises any profession or art, will also suffer special disqualification for twice that of the sentence. If the penalty imposed is a fine, the special disqualification will last from one month to one year.
ARTICLE 208. - It will be punished with imprisonment from fifteen days to one year:
1º Whoever, without title or authorization for the exercise of an art of healing or exceeding the limits of his authorization, announces, prescribes, administers or habitually applies medicines, water, electricity, hypnotism or any means destined to the treatment of diseases people, even for free;
2º The one who, with title or authorization to exercise an art of curing, announces or promises the cure of diseases on a fixed term or by secret or infallible means;
3º Whoever, with title or authorization to exercise an art of healing, lends his name to another who does not have title or authorization, to carry out the acts referred to in subsection 1 of this article.
CRIMES AGAINST PUBLIC ORDER
Chapter I
Instigation to commit crimes
ARTICLE 209. - Anyone who publicly instigates to commit a specific crime against a person or institution will be punished, by instigation alone, with two to six years' imprisonment, depending on the seriousness of the crime and the other circumstances established in article 41.
ARTICLE 209 to - The same penalty shall be incurred by anyone in times of armed conflict who publicly incites the subtraction of the legally imposed or assumed military service. If the perpetrator is a military man, the maximum penalty will be ten (10) years. (Article incorporated by article 4 of Annex I of the Law No. 26.394 BO 29/8/2008. Validity: it will take effect six (6) months after its promulgation. During said period, a dissemination and training program on its content and application will be carried out in the relevant areas)
Chapter II
Illicit association
ARTICLE 210. - Anyone who takes part in an association or gang of three or more people destined to commit crimes for the mere fact of being a member of the association will be punished with prison or confinement from three to ten years. For the heads or organizers of the association, the minimum penalty will be five years in prison or confinement.
ARTICLE 210 bis. - Seclusion or imprisonment of five to twenty years will be imposed on anyone who takes part, cooperates or helps in the formation or maintenance of an illicit association destined to commit crimes when the action contributes to endangering the validity of the National Constitution, provided that she meets at least two of the following characteristics:
a) Be made up of ten or more individuals;
b) Possess a military or military-type organization;
c) Have cellular structure;
d) Have weapons of war or explosives of great offensive power;
e) Operate in more than one of the country's political jurisdictions;
f) Be composed of one or more officers or non-commissioned officers of the armed forces or security;
g) Have notorious connections with other similar organizations existing in the country or abroad;
h) Receive some support, help or direction from public officials.
Chapter III
Public intimidation
ARTICLE 211. - He will be punished with imprisonment for two to six years, whoever, to instill a public fear or arouse riots or disorders, signals, raises alarm, threatens to commit a crime of common danger, or uses other material means normally suitable for producing such effects.
When explosives, aggressive chemicals or related materials are used for this, provided that the act does not constitute a crime against public safety, the penalty will be imprisonment for three to ten years.
ARTICLE 212. - Anyone who publicly incites collective violence against groups of people or institutions, by mere incitement, will be punished with a prison term of three to six years.
Chapter IV
Apology for crime
ARTICLE 213. - Anyone who makes public and by any means the defense of a crime or of a person convicted of a crime will be punished with a prison term of one month to one year.
Chapter V
Other attacks against public order
ARTICLE 213 bis. - Anyone who organizes or takes part in permanent or transitory groups that, without being included in article 210 of this code, have as their main purpose or accessories to impose their ideas or fight those of others will be punished with seclusion or prison for three to eight years. force or fear, by the mere fact of being a member of the association.
Chapter VI. Illegal terrorist associations and financing of terrorism
(Chapter incorporated by art. 1 of the Law No. 26.268 BO 5/7/2007)
Article 213 ter.- (Article repealed by art. 1 of the Law No. 26.734 BO 28/12/2011)
Article 213c.- (Article repealed by art. 2 of the Law No. 26.734 BO 28/12/2011)
CRIMES AGAINST THE SECURITY OF THE NATION
Chapter I
Betrayal
ARTICLE 214. - It will be punished with seclusion or prison from ten to twenty-five years or seclusion or life imprisonment and in one case or another, absolute perpetual disqualification, provided that the fact is not included in another provision of this code, every Argentine or any person who must obedience to the Nation by reason of its employment or public function, which will take up arms against it, unite with its enemies or give them any help or aid.
ARTICLE 215. - The person who commits the crime foreseen in the preceding article will be punished with imprisonment or life imprisonment, in the following cases:
1º If he executes an act aimed at subjecting the Nation totally or partially to foreign control or undermining its independence or integrity;
2º If it induces or decides to a foreign power to wage war against the Republic.
3 ° If he belongs to the armed forces. (Subsection incorporated by article 5 of Annex I of the Law No. 26.394 BO 29/8/2008. Validity: it will take effect six (6) months after its promulgation. During said period, a dissemination and training program on its content and application will be carried out in the relevant areas)
ARTICLE 216. - Anyone who takes part in a conspiracy of two or more people, to commit the crime of treason, in any of the cases included in the preceding articles, will be punished with seclusion or prison from one to eight years, if the conspiracy was discovered before to begin its execution.
ARTICLE 217. - The person who reveals the conspiracy to the authority, before the procedure has begun, will be exempt from penalty.
ARTICLE 218. - The penalties established in the previous articles will also be applied when the acts provided for in them were committed against an allied power of the Republic, at war against a common enemy.
They will also apply to foreigners residing in Argentine territory, except as established by treaties or by the law of nations, regarding diplomatic officials and nationals of countries in conflict. In this case, the reduced penalty will be applied in accordance with the provisions of article 44.
Chapter II
Crimes that compromise the peace and dignity of the Nation
ARTICLE 219. - It will be punished with imprisonment from one to six years, whoever for hostile material acts not approved by the national government, gives reasons to the danger of a declaration of war against the Nation, exposes its inhabitants to experience humiliation or reprisals in their persons or in his property or alter the friendly relations of the Argentine government with a foreign government. If hostilities or war result from said acts, the penalty will be from three to fifteen years imprisonment or confinement.
When the preceding acts were committed by a military man, the minimum penalties provided for in this article shall be three (3) and ten (10) years respectively. Likewise, the maximum penalties provided for in this article shall be respectively ten (10) and twenty (20) years. (Paragraph incorporated by article 6 of Annex I of the Law No. 26.394 BO 29/8/2008. Validity: it will take effect six (6) months after its promulgation. During said period, a dissemination and training program on its content and application will be carried out in the relevant areas)
ARTICLE 220. Prison from six (6) months to two (2) years will be imposed for those who violate the treaties concluded with foreign nations, the truces and armistices agreed between the Republic and an enemy power or between its belligerent forces or the duly issued safe-conduct.
If the act was committed by a military man, the minimum penalty will be raised to one (1) year and the maximum penalty will be raised to five (5) years.
(Article replaced by article 7 of Annex I of the Law No. 26.394 BO 29/8/2008. Validity: it will take effect six (6) months after its promulgation. During said period, a dissemination and training program on its content and application will be carried out in the relevant areas)
ARTICLE 221. - Anyone who violates the immunities of the head of a State or the representative of a foreign power will be punished with imprisonment from six months to two years.
ARTICLE 222. - Anyone who reveals political, industrial, technological or military secrets concerning security, the defense means or the foreign relations of the Nation will be punished with seclusion or prison from one (1) to six (6) years. (Paragraph replaced by art. 8 of Annex I of the Law No. 26.394 BO 29/8/2008. Validity: it will take effect six (6) months after its promulgation. During said period, a dissemination and training program on its content and application will be carried out in the relevant areas)
The one who obtained the revelation of the secret shall incur the same penalty. Anyone who publicly outrages the flag, shield or anthem of the Nation or the emblems of an Argentine province will be punished with imprisonment for one to four years.
If the disclosure or obtaining was committed by a military man, in the exercise of his functions the minimum penalty will be raised to three (3) years and the maximum penalty will be raised to ten (10) years. (Paragraph incorporated by article 9 of Annex I of the Law No. 26.394 BO 29/8/2008. Validity: it will take effect six (6) months after its promulgation. During said period, a dissemination and training program on its content and application will be carried out in the relevant areas)
ARTICLE 223. - Anyone who, due to recklessness or negligence, discloses the secrets mentioned in the preceding article, of which they are in possession by virtue of their employment or trade, will be punished with imprisonment from one month to one year.
ARTICLE 224. - Anyone who improperly draws up plans for fortifications, ships, establishments, roads or other military works, or who enters for that purpose, clandestinely or deceptively, in said places, will be punished with imprisonment from six months to two years, when their access is prohibited to the public. .
ARTICLE 225. - Anyone who, commissioned by the Argentine government to negotiate with a foreign state, conducts it in a manner detrimental to the Nation, departing from its instructions, will be punished with seclusion or imprisonment for three to ten years.
CRIMES AGAINST THE PUBLIC POWERS AND THE CONSTITUTIONAL ORDER
Chapter I
Attacks on the constitutional order and democratic life
ARTICLE 226. - Those who rise up in arms to change the Constitution, depose any of the public powers of the national government, take any measure or concession from it, or impede, even temporarily, the free exercise of their constitutional powers will be punished with a prison term of five to fifteen years. or its formation or renewal in the legal terms and forms. If the act described in the preceding paragraph were perpetrated in order to permanently change the democratic system of government, suppress the federal organization, eliminate the division of powers, abrogate the fundamental rights of the human person or suppress or impair, even if temporarily, the economic independence of the Nation, the penalty will be from eight to twenty-five years in prison. When the act is perpetrated by people who have a status, employment or military assimilation, the minimum penalties will be increased by one third.
ARTICLE 226 bis. - Anyone who threatens publicly and appropriately with the commission of any of the behaviors provided for in article 226, will be punished with imprisonment for one to four years.
ARTICLE 227. - The members of Congress who grant the National Executive Power and the members of the provincial legislatures that grant to the Provincial Governors, extraordinary powers, the sum of power, will be repressed with the penalties established in Article 215 for traitors to the homeland. public or submissions or supremacies, by which the life, honor or fortune of Argentines are at the mercy of a government or a person (Article 29 of the National Constitution).
ARTICLE 227 bis. - Members of any of the three powers of the national State or of the provinces who consent to the consummation of the facts described in the article will be repressed with the penalties established in article 215 for traitors to the homeland, with the reduction of article 46. Article 226, continuing in their functions or assuming them after the Constitution is modified by force or deposed any of the public powers, or by enforcing the measures ordered by those who usurp such powers. From one to eight years in prison or confinement and absolute disqualification for twice the sentence, will apply to those who, in the cases provided for in the preceding paragraph, agree to collaborate by continuing in functions or assuming them, with the de facto authorities, in some of the the following positions: ministers, secretaries of state, undersecretaries, general or national directors or of equivalent hierarchy in the national, provincial or municipal order, president, vice president, members of the board of directors of decentralized or autarkic organizations or of official banks or companies of the State; State companies, mixed economy companies, or public limited companies with majority state participation, or public entities equivalent to those listed in the national, provincial or municipal order, ambassadors, rectors or deans of national or provincial universities, members of the forces armed forces or police or security organizations in the ranks of chiefs or equivalent, municipal mayors, or members of the public prosecutor's office of any hierarchy or jurisdiction, hierarchical personnel of the National Parliament and provincial legislatures. If the de facto authorities create different administrative hierarchies or change the names of the functions indicated in the previous paragraph, the penalty will be applied to those who perform them, taking into account the similar nature and content of the positions in relation to the current ones.
ARTICLE 227 ter. - The maximum of the penalty established for any crime will be increased by one half, when the action contributes to endangering the validity of the National Constitution. This provision will not be applicable when the circumstances mentioned in it are considered as a constitutive or qualifying element of the crime in question.
ARTICLE 228. - A prison term of six months to two years will be imposed on the person who executes or orders the execution of decrees of the councils, bulls, briefs and rescripts of the Pope that, for their fulfillment, require the government's pass, without having obtained it; and from one to six years of the same penalty, to the one who will execute them or have them executed, despite having been denied said pass.
Chapter II
Sedition
ARTICLE 229. - Those who, without rebelling against the national government, arm one province against another, take up arms to change the local Constitution, depose any of the public powers of a province or federal territory, will be punished with imprisonment from one to six years, take away any measure or concession or impede, even temporarily, the free exercise of their legal powers or their formation or renewal in the terms and forms established by law.
ARTICLE 230. - They will be punished with imprisonment from one to four years:
1. The individuals of an armed force or assembly of persons, who attribute the rights of the people and petition on their behalf (art. 22 of the National Constitution);
2. Those who rise up publicly to prevent the execution of national or provincial laws or the resolutions of national or provincial public officials, when the act does not constitute a crime more severely punished by this code.
Chapter III
Provisions common to the preceding Chapters
ARTICLE 231. - After the rebellion or sedition is manifested, the closest national authority will intimidate the rebels up to two times to immediately dissolve or withdraw, allowing the time necessary to do so between one and the other. If the rebels do not withdraw immediately after the second summons, the authority will use force to dissolve them. The first and second notice will not be necessary, respectively, since the rebels made use of arms.
ARTICLE 232. - In the event of dissolution of the tumult without having caused any harm other than the momentary disturbance of order, only the promoters or directors will be prosecuted, who will be punished with half of the penalty indicated for the crime.
ARTICLE 233. - He who takes part as promoter or director, in a conspiracy of two or more people to commit the crimes of rebellion or sedition, will be punished, if the conspiracy is discovered before being put into execution, with a quarter of the penalty corresponding to the crime to be perpetrated.
ARTICLE 234. - Whoever seduces troops or usurps the command of them, of a warship, of a fortress or of a guard post, or illegally retains a political or military command to commit a rebellion or sedition, will be repressed with half of the penalty corresponding to the crime he was trying to perpetrate. If the rebellion or sedition takes effect, the penalty will be that established for the authors of the rebellion or sedition in the respective cases.
ARTICLE 235. - Public officials who have promoted or executed any of the crimes provided for in this Title, will also suffer special disqualification for a time double that of the sentence.- Officials who have not resisted a rebellion or sedition by all the means at their disposal, will suffer special disqualification from one to six years.- Double the maximum of the penalty established for the crimes provided for in this Title, for the heads and agents of the public force who incur them using or displaying the weapons and other offensive materials that they have been entrusted with such quality.
ARTICLE 236. - When, when executing the crimes provided for in this Title, the guilty person commits someone else, the rules established for the competition of punishable acts will be observed.
CRIMES AGAINST PUBLIC ADMINISTRATION
Chapter I
Attack and resistance against authority
ARTICLE 237. - Anyone who employs intimidation or force against a public official or against the person who provides assistance at the request of the former or by virtue of a legal duty, to demand the execution or omission of an act, will be punished with imprisonment from one month to one year. act of their functions.
ARTICLE 238. - The prison will be from six months to two years:
1 If the act is committed by armed hand;
2 If the act is committed by a meeting of more than three people;
3 If the guilty party is a public official;
4 If the offender puts hands on authority.
In the case of being a public official, the defendant will also suffer special disqualification for twice that of the sentence.
ARTICLE 238 to - The military that puts hands on the superior, without injuring him or causing minor injuries, will be punished with imprisonment from one (1) to three (3) years.
If the act takes place in front of the enemy or a troop formed with weapons, or if it is committed in numbers of six (6) or more, the maximum penalty will be six (6) years.
(Article incorporated by article 10 of Annex I of the Law No. 26.394 BO 29/8/2008. Validity: it will take effect six (6) months after its promulgation. During said period, a dissemination and training program on its content and application will be carried out in the relevant areas)
ARTICLE 238 ter - The military man who resists or disobeys an order of service legally issued by the superior, in front of the enemy or in a situation of imminent danger of shipwreck, fire or other damage, will be punished with imprisonment from one (1) to five (5) years. The same penalty will be imposed if it resists a patrol that proceeds in compliance with a slogan in a zone of armed conflict or operations or catastrophe. If, due to resistance or disobedience, military losses are suffered or the saving of lives is prevented or made difficult in the event of a catastrophe, the minimum penalty will be raised to four (4) years and the maximum penalty will be raised to twelve (12 years. In any case, the penalties provided herein will be imposed as long as it does not result in a more severely punished crime.
(Article incorporated by article 11 of Annex I of the Law No. 26.394 BO 29/8/2008. Validity: it will take effect six (6) months after its promulgation. During said period, a dissemination and training program on its content and application will be carried out in the relevant areas)
ARTICLE 239. - Anyone who resists or disobeys a public official in the legitimate exercise of his functions or the person who provides assistance at his request or by virtue of a legal obligation will be punished with imprisonment from fifteen days to one year.
ARTICLE 240. - For the purposes of the two preceding articles, the individual who tries to apprehend or has apprehended a criminal in flagrante delicto shall be deemed a public official.
ARTICLE 240 to - Whoever violates the norms instructions to the population issued by the competent military authority in times of armed conflict for combat zones, will be punished with imprisonment from one (1) to four (4) years if it does not result in a more severely punished crime. .
(Article incorporated by article 12 of Annex I of the Law No. 26.394 BO 29/8/2008. Validity: it will take effect six (6) months after its promulgation. During said period, a dissemination and training program on its content and application will be carried out in the relevant areas)
ARTICLE 241. - It will be punished with imprisonment from fifteen days to six months:
1 Whoever disturbs order in the sessions of the national or provincial legislative bodies, in the hearings of the courts of justice or wherever an authority is exercising its functions;
2 Whoever, without being included in article 237, prevents or hinders a public official from carrying out an act of his functions.
ARTICLE 241 bis - Prison from three (3) to ten (10) years will be imposed on military personnel who:
1. Tumultuously petitioning or claiming to represent an armed force.
2. Take up arms or make use of them, of ships or aircrafts or extract armed forces from their natural seats, against the orders of their superiors.
3. Make use of the personnel of the force, the ship or the aircraft under their command against their superiors or fail to resist or contain them, being in a position to do so.
4. Conspiracy to commit the crimes of this article will be punished with imprisonment for one (1) to five (5) years. Whoever denounces it in time to avoid the commission of the act will not be punished for conspiracy.
5. If, by reason of the events provided for in this article, the death of one or more persons results, military losses are suffered or the saving of lives is prevented or made difficult in the event of a catastrophe, the maximum penalty will be increased to twenty-five (25 ) years. In any case, the penalties provided herein will be imposed as long as it is not a more severely punished crime. (Article incorporated by article 12 of Annex I of the Law No. 26.394 BO 29/8/2008. Validity: it will take effect six (6) months after its promulgation. During said period, a dissemination and training program on its content and application will be carried out in the relevant areas)
ARTICLE 242. - The public official who, in the arrest or formation of cause against a member of the national or provincial public powers, of a constituent convention or of a constitutional convention shall be punished with a fine of between seven hundred and fifty pesos and ten thousand pesos and special disqualification from one to five years of an electoral college, will not keep the form prescribed in the respective constitutions or laws.
(Infoleg Note: fine updated by art. 1st of the Law No. 24.286 BO 29/12/1993)
ARTICLE 243. - The person who, being legally summoned as a witness, expert or interpreter, abstains from appearing or giving the respective statement or statement will be punished with imprisonment for fifteen days to one month. In the case of the expert or interpreter, a special disqualification from one month to one year will also be imposed on the defendant.
Chapter II
False Report
ARTICLE 244. -(Article repealed by art. 2 of the Law No. 24.198 BO 3/6/1993).
ARTICLE 245. - A prison term of two months to one year or a fine of seven hundred and fifty pesos to twelve thousand five hundred pesos will be imposed on anyone who falsely denounces a crime before the authorities.
(Infoleg Note: fine updated by art. 1st of the Law No. 24.286 BO 29/12/1993)
Chapter III
Usurpation of authority, titles or honors
ARTICLE 246. - It will be punished with imprisonment from one month to one year and special disqualification for double time:
1 Whoever assumes or exercises public functions, without a title or appointment issued by a competent authority;
2 Whoever, after having been terminated by operation of law in the performance of a public office or after having received from the competent authority an official communication of the resolution that ordered the dismissal or suspension of their functions, will continue to exercise them;
3 The public official who performs functions corresponding to another position.
The military man who exercises or retains a command without authorization will be punished with imprisonment from one (1) to four (4) years and, in time of armed conflict from two (2) to six (6) years, provided that it is not a crime most severely punished. (Paragraph incorporated by art. 14 of Annex I of the Law No. 26.394 BO 29/8/2008. Validity: it will take effect six (6) months after its promulgation. During said period, a dissemination and training program on its content and application will be carried out in the relevant areas)
ARTICLE 247. - Anyone who performs acts typical of a profession for which a special authorization is required, without possessing the corresponding title or authorization, will be punished with imprisonment from fifteen days to one year.
Anyone who publicly wears insignia or badges of a position that he does not exercise or claims academic degrees, professional titles or honors that do not correspond to him will be punished with a fine of seven hundred and fifty to twelve thousand five hundred pesos. (Infoleg Note: fine updated by art. 1st of the Law No. 24.286 BO 29/12/1993)
(Article replaced by Law No. 24.527 BO8 / 9/1995)
Chapter IV
Abuse of authority and violation of the duties of public officials
ARTICLE 248. - The public official who issues resolutions or orders contrary to the constitutions or national or provincial laws or executes existing orders or resolutions of this kind or does not execute the laws will be punished with imprisonment from one month to two years and special disqualification for double time. whose fulfillment is incumbent upon him.
ARTICLE 248 bis.- The public official who, having to oversee compliance with the marketing standards of livestock, products and by-products of animal origin, fails to inspect according to the regulations in his charge, will be punished with absolute disqualification of SIX (6) months to TWO (2) years, establishments such as livestock markets, animal fairs and auctions, slaughterhouses, meat processing plants, salting rooms, barracks, fat stores, dairy farms or other establishments or premises related to the production, handling, transformation or marketing of animal products and farm transportation vehicles , products or by-products of that origin.
(Article incorporated by art. 5 of the Law No. 25.890 BO 21/5/2004)
ARTICLE 249. - The public official who illegally omits, refuses to perform or delay any act of his office will be punished with a fine of seven hundred fifty to twelve thousand five hundred pesos and special disqualification from one month to one year.
(Infoleg Note: fine updated by art. 1st of the Law No. 24.286 BO 29/12/1993)
ARTICLE 249 to - The military man who in his functions and pre-valid of his authority, arbitrarily harms or mistreats in any way an inferior, will be punished with imprisonment from six (6) months to two (2) years, if it does not result in a more severely punished crime.
(Article incorporated by article 15 of Annex I of the Law No. 26.394 BO 29/8/2008. Validity: it will take effect six (6) months after its promulgation. During said period, a dissemination and training program on its content and application will be carried out in the relevant areas)
ARTICLE 250. - The chief or agent of the public force, who refuses, omits or delays, without just cause, the provision of assistance legally required by the competent civil authority will be punished with imprisonment from one month to two years and special disqualification for double time. .
ARTICLE 250 bis - It will be punished with imprisonment from four (4) to ten (10) years, provided that no other crime is more severely punished, the military one than in time of armed conflict:
1. Abandon its functions of control, surveillance, communications or the attention of the instruments that it was in charge of for those purposes, neglects them or becomes unable to fulfill them.
2. I will observe any significant data for the defense and will not inform it or take the appropriate measures.
(Article incorporated by article 16 of Annex I of the Law No. 26.394 BO 29/8/2008. Validity: it will take effect six (6) months after its promulgation. During said period, a dissemination and training program on its content and application will be carried out in the relevant areas)
ARTICLE 251. - The public official who requires the assistance of the public force against the execution of legal dispositions or orders of the authority or of judgments or judicial orders will be punished with imprisonment from one month to four years and special disqualification for double time.
ARTICLE 252. - It will be punished with a fine of seven hundred fifty ($ 750) to twelve thousand five hundred ($ 12.500) pesos and special disqualification from one (1) month to one (1) year, the public official who, without having been admitted the resignation of his destination, I will abandon it with damage to the public service.
The member of a national or provincial security force or of the Autonomous City of Buenos Aires, or armed state agency that by its nature is in charge of caring for people, who knowingly unjustifiably abandons acts of service or maliciously omits the regular provision of services The function or mission to which he is legally bound will be punished with a prison sentence of one (1) to three (3) years and special disqualification from holding public office for twice the sentence.
If, as a consequence of the abandonment or omission typified in the preceding paragraph, there is damage to property of the force, property of third parties, injuries or death of their comrades or third parties, a prison sentence of two (2) to eight ( 8) years and absolute disqualification from holding public office.
The military man who abandons his service, his destiny or who desertes in time of armed conflict or disaster zone, will be punished with prison of one (1) to six (6) years. If, as a consequence of their conduct, the death of one or more persons results, military losses are suffered or the saving of lives is prevented or made difficult in the event of a catastrophe, the maximum penalty will be twelve (12) years. In any case, the penalties provided here will be imposed as long as it does not result in a crime with a more serious penalty.
(Article replaced by art. 1 of the Law No. 27.079 BO 19/12/2014)
ARTICLE 253. - A fine of seven hundred and fifty pesos to twelve thousand five hundred pesos and a special disqualification from six months to two years will be punished by the public official who proposes or appoints for public office, a person who does not meet the legal requirements. The person who accepts a position for which he does not have the legal requirements will incur the same penalty.
(Infoleg Note: fine updated by art. 1st of the Law No. 24.286 BO 29/12/1993)
ARTICLE 253 bis - The military man who without order or necessity undertakes a military operation, or in his functions uses weapons without the formalities and requirements of the case, subjects the civilian population to arbitrary restrictions or orders or exercises any type of unnecessary violence against any person, will be punished with imprisonment from one (1) to four (4) years if it does not result in a more severely punished crime.
(Article incorporated by article 18 of Annex I of the Law No. 26.394 BO 29/8/2008. Validity: it will take effect six (6) months after its promulgation. During said period, a dissemination and training program on its content and application will be carried out in the relevant areas)
ARTICLE 253b - The military man who for imprudence or negligence, lack of skill in military art or non-observance of the regulations or duties in his charge, in the course of armed conflict or assistance or assistance, will be punished with imprisonment from two (2) to eight (8) years Salvation in a situation of catastrophe, whether it causes or does not prevent, the death of one or more people or military losses, if it does not result in a more severely punished crime.
(Article incorporated by article 19 of Annex I of the Law No. 26.394 BO 29/8/2008. Validity: it will take effect six (6) months after its promulgation. During said period, a dissemination and training program on its content and application will be carried out in the relevant areas)
Chapter V
Violation of stamps and documents
ARTICLE 254. - Anyone who violates the seals placed by the authority to ensure the preservation or identity of a thing will be punished with imprisonment from six months to two years. If the culprit is a public official and has committed the act with abuse of his position, he will also suffer special disqualification for double time. If the act has been committed by recklessness or negligence of the public official, the penalty will be a fine of seven hundred fifty pesos to twelve thousand five hundred pesos.
(Infoleg Note: fine updated by art. 1st of the Law No. 24.286 BO 29/12/1993)
ARTICLE 255. - It will be punished with imprisonment from one (1) month to four (4) years, the one that steals, alters, conceals, destroys or disables in whole or in part objects destined to serve as evidence before the competent authority, records or documents entrusted to the custody of a public official or other person in the interest of the public service. If the author is the same depositary, he will also suffer special disqualification for double time.
If the act is committed by recklessness or negligence of the depositary, it will be punished with a fine of seven hundred and fifty pesos ($ 750) to twelve thousand five hundred pesos ($ 12.500).
(Article replaced by art. 13 of the Law No. 26.388, BO 25/6/2008)
Chapter VI
Bribery and influence peddling
(Title of the chapter replaced by art. 30 of the Law No. 25.188 BO 1/11/1999. Validity: eight days from its publication.)
ARTICLE 256. - The public official who, by himself or through an intermediary, receives money or any other gift or accepts a direct or indirect promise, to make, delay or stop making, will be punished with seclusion or prison from one to six years and perpetual special disqualification. something related to its functions
(Article replaced by art. 31 of the Law No. 25.188 BO 1/11/1999. Validity: eight days from its publication.)
ARTICLE 256 bis - He will be punished with seclusion or imprisonment of one to six years and special perpetual disqualification to exercise public function, whoever, by himself or through an intermediary, requests or receives money or any other gift or accepts a direct or indirect promise, to assert unduly their influence before a public official, in order for him to do, delay or stop doing something related to his functions.
If that conduct was intended to unduly assert an influence before a magistrate of the Judicial Power or the Public Ministry, in order to obtain the issuance, dictation, delay or omission of an opinion, resolution or ruling in matters subject to its competence, the maximum The sentence of imprisonment or confinement will rise to twelve years.
(Article incorporated by art. 32 of the Law No. 25.188 BO 1/11/1999. Validity: eight days from its publication.)
ARTICLE 257. - The magistrate of the Judicial Power or the Public Ministry who, by himself or by an intermediary, receives money or any other gift or accepts a direct or indirect promise to issue, will be punished with imprisonment or confinement of four to twelve years and special perpetual disqualification, dictate, delay or omit to issue a resolution, ruling or opinion, in matters subject to its competence
(Article replaced by art. 33 of the Law No. 25.188 BO 1/11/1999. Validity: eight days from its publication.)
ARTICLE 258. - Anyone who directly or indirectly gives or offers gifts in pursuit of any of the behaviors repressed by articles 256 and 256 bis, first paragraph, will be punished with imprisonment for one to six years. If the gift is made or offered in order to obtain any of the behaviors typified in articles 256 bis, second paragraph and 257, the penalty will be confinement or imprisonment for two to six years. If the guilty party is a public official, he will also suffer a special disqualification from two to six years in the first case and from three to ten years in the second.
(Article replaced by art. 34 of the Law No. 25.188 BO 1/11/1999. Validity: eight days from its publication.)
ARTICLE 258 bis - Anyone who, directly or indirectly, offers, promises or grants, improperly, to a public official of another State or of a public service shall be punished with imprisonment from one (1) to six (6) years and special perpetual disqualification from exercising the public function. international public organization, either for its benefit or that of a third party, sums of money or any other object of pecuniary value or other compensation such as gifts, favors, promises or advantages, in exchange for said official performing or omitting to perform a related act with the exercise of his public functions, or to assert the influence derived from his position in a matter related to a transaction of an economic, financial or commercial nature.
A public official of another State, or of any territorial entity recognized by the Argentine Nation, shall be understood to be any person who has been designated or elected to fulfill a public function, in any of its levels or territorial divisions of government, or in all kinds of a public body, agency or company where said State exercises direct or indirect influence.
(Article replaced by art. 30 of the Law No. 27.401 BO 1/12/2017. Validity: ninety (90) days after its publication in the Official Gazette of the Argentine Republic)
ARTICLE 259. - The public official who admits gifts, that were delivered in consideration of his office, while he remains in the exercise of the position, will be punished with imprisonment from one month to two years and absolute disqualification from one to six years. The one who presents or offers the gift will be punished with imprisonment from one month to one year.
ARTICLE 259 bis - Regarding the crimes provided for in this Chapter, a fine of two (2) to five (5) times the amount or value of money, gift, undue benefit or pecuniary advantage offered or delivered will be imposed jointly.
(Article incorporated by art. 31 of the Law No. 27.401 BO 1/12/2017. Validity: ninety (90) days after its publication in the Official Gazette of the Argentine Republic)
Chapter VII
Embezzlement of public funds
ARTICLE 260. - It will be repressed with special disqualification from one month to three years, the public official who gives the flows or effects that will administer an application different from the one to which they were intended. If damage or obstruction of the service to which they were intended results from this, the guilty party will also be fined a fine of twenty to fifty percent of the distracted amount.
ARTICLE 261. - The public official who steals funds or effects whose administration, perception or custody has been entrusted to him by reason of his position will be punished with seclusion or prison for two to ten years and absolute perpetual disqualification. An official who employs for his own benefit or that of a third party, jobs or services paid for by a public administration, will be punished with the same penalty.
ARTICLE 262. - It will be punished with a fine of twenty to sixty percent of the subtracted value, the public official who, due to recklessness or negligence or due to non-observance of the regulations or duties of his position, gives the opportunity to carry out by another person the subtraction of flows or effects discussed in the previous article.
ARTICLE 263. - Those who administer or guard assets belonging to public instruction or charitable establishments, as well as administrators and depositories of seized, seized or deposited funds by the competent authority, even if they belong to individuals, are subject to the previous provisions.
ARTICLE 264. - The public official who, having expedited funds, unjustifiably delays an ordinary payment or one decreed by a competent authority will be punished with special disqualification for one to six months. The same penalty shall be incurred by the public official who, required by the competent authority, refuses to deliver an amount or item deposited or placed under his custody or administration.
Chapter VIII
Negotiations incompatible with the exercise of public functions
ARTICLE 265. - The public official who, directly, by interposed person or by simulated act, is interested in the interest of his own benefit or that of a third party will be punished with seclusion or prison of one (1) to six (6) years and special perpetual disqualification. , in any contract or operation in which he intervenes by reason of his position.
A fine of two (2) to five (5) times the value of the undue benefit sought or obtained will also be applied.
This provision will be applicable to arbitrators, friendly composers, experts, accountants, tutors, curators, executors, trustees and liquidators, with respect to the functions performed as such.
(Article replaced by art. 32 of the Law No. 27.401 BO 1/12/2017. Validity: ninety (90) days after its publication in the Official Gazette of the Argentine Republic)
Chapter IX
Illegal executions
ARTICLE 266. - It will be punished with imprisonment from one (1) to four (4) years and special disqualification from one (1) to (5) five years, the public official who, abusing his position, requests, demands or causes to pay or deliver unduly , by itself or through an intermediary person, a contribution, a right or a gift or charge higher rights than those that correspond.
A fine of two (2) to five (5) times the amount of the levy will also be applied.
(Article replaced by art. 33 of the Law No. 27.401 BO 1/12/2017. Validity: ninety (90) days after its publication in the Official Gazette of the Argentine Republic)
ARTICLE 267. - If intimidation is used or a higher order, commission, court order or other legitimate authorization is invoked, the prison may be raised up to four years and the disqualification up to six years.
ARTICLE 268. - It will be punished with imprisonment from two (2) to six (6) years and absolute perpetual disqualification, the public official who turns the exactions expressed in the previous articles into his own or third party benefit.
A fine of two (2) to five (5) times the amount of the levy will also be applied.
(Article replaced by art. 34 of the Law No. 27.401 BO 1/12/2017. Validity: ninety (90) days after its publication in the Official Gazette of the Argentine Republic)
Chapter IX bis
Illicit enrichment of officials and employees
ARTICLE 268 (1). - It will be punished with the penalty of article 256, the public official who for profit uses for himself or for a third party information or data of a reserved nature of which he has become aware by reason of his position.
A fine of two (2) to five (5) times of the profit obtained will also be applied. (Paragraph incorporated by art. 35 of the Law No. 27.401 BO 1/12/2017. Validity: ninety (90) days after its publication in the Official Gazette of the Argentine Republic)
ARTICLE 268 (2) - It will be punished with imprisonment for two (2) to six (6) years, a fine of two (2) to five (5) times the value of the enrichment, and absolute perpetual disqualification, which when duly required, does not justify the origin of an appreciable patrimonial enrichment of yours or that of an interposed person to hide it, occurred after the assumption of a public position or employment and up to two (2) years after having ceased to perform. (Paragraph replaced by art. 36 of the Law No. 27.401 BO 1/12/2017. Validity: ninety (90) days after its publication in the Official Gazette of the Argentine Republic)
It will be understood that there was enrichment not only when the patrimony had been increased with money, things or goods, but also when debts had been canceled or obligations that affected it had been extinguished.
The person interposed to conceal the enrichment will be punished with the same penalty as the author of the act.
(Article replaced by art. 38 of the Law No. 25.188 BO 1/11/1999. Validity: eight days from its publication.)
ARTICLE 268 (3) - Anyone who, by reason of his position, is required by law to present an affidavit of assets and maliciously fails to do so, will be punished with imprisonment from fifteen days to two years and special perpetual disqualification.
The crime will be configured when, by means of reliable notification of the respective intimation, the obligated subject has not complied with the aforementioned duties within the time limits established by the law whose corresponding application.
The same penalty shall be incurred by those who maliciously, falsify or fail to insert the data that the aforementioned sworn statements must contain in accordance with the applicable laws and regulations.
(Article incorporated by art. 39 of the Law No. 25.188 BO 1/11/1999. Validity: eight days from its publication.)
Chapter X
Prevaricate
ARTICLE 269. - The judge who issues resolutions contrary to the express law invoked by the parties or by the same or quoted, to establish them, false facts or resolutions will suffer a fine of pesos three thousand to pesos seventy-five thousand and perpetual disqualification.
If the sentence is convicting in criminal cases, the penalty will be three to fifteen years of confinement or imprisonment and absolute perpetual disqualification.
The provisions of the first paragraph of this article, will be applicable, where appropriate, to arbitrators and friendly arbitrators composers.
(Infoleg Note: fine updated by art. 1st of the Law No. 24.286 BO 29/12/1993)
ARTICLE 270. - It will be punished with a fine of two thousand five hundred pesos to thirty thousand pesos and absolute disqualification from one to six years, the judge who will order preventive detention for a crime by virtue of which it does not proceed or who will prolong the preventive detention that, computed in the established manner in article 24, the maximum penalty that could correspond to the defendant for the crime charged has been exhausted.
(Infoleg Note: fine updated by art. 1st of the Law No. 24.286 BO 29/12/1993)
ARTICLE 271. - The lawyer or judicial representative who defends or represents opposing parties in the same trial, simultaneously or successively or otherwise, will be punished with a fine of two thousand five hundred to thirty thousand pesos, and special disqualification from one to six years, I will deliberately damage the cause entrusted to it.
(Infoleg Note: fine updated by art. 1st of the Law No. 24.286 BO 29/12/1993)
ARTICLE 272. - The provision of the preceding article will be applicable to prosecutors, advisers and other officials in charge of issuing their opinion before the authorities.
Chapter XI
Denial and delay of justice
ARTICLE 273. - The judge who refuses to judge under the pretext of obscurity, insufficiency or silence of the law will be punished with absolute disqualification from one to four years.
The judge who maliciously delays the administration of justice shall incur the same penalty after being required by the parties and the legal terms have expired.
ARTICLE 274. - The public official who, lacking the obligation of his position, ceases to promote the persecution and repression of criminals, will be punished with absolute disqualification from six months to two years, unless he proves that his omission came from an insurmountable inconvenience.
Chapter XII
False testimony
ARTICLE 275. - The witness, expert or interpreter who affirms a falsehood or denies or shuts up the truth, in whole or in part, in his deposition, report, translation or interpretation, made before the competent authority, will be punished with imprisonment from one month to four years. .
If the false testimony is committed in a criminal case, to the detriment of the accused, the penalty will be from one to ten years imprisonment or imprisonment.
In all cases, the defendant will be imposed, in addition, absolute disqualification for twice that of the sentence.
ARTICLE 276. - The penalty of the witness, expert or false interpreter, whose statement was given by bribery, will be aggravated with a fine equal to twice the amount offered or received.
The briber will suffer the penalty of a simple false witness.
ARTICLE 276 bis. - The person who, availing himself of the benefit of article 4 ter, maliciously provides false information or inaccurate data will be punished with imprisonment from four (10) to ten (41) years and with the loss of the benefit granted.
(Article incorporated by art. 2 of the Law No. 27.304 BO 2/11/2016)
Chapter XIII
Concealment
(Title of the Chapter replaced by article 1 of the Law No. 26.683 BO 21/06/2011)
ARTICLE 277.-
1.- Anyone who, after the commission of a crime carried out by another, in which he / she had not participated, will be punished with imprisonment from six (6) months to three (3) years:
a) I will help someone to evade the investigations of the authority or to evade its action.
b) Conceal, alter or make the traces, evidence or instruments of the crime disappear, or help the author or participant to hide, alter or make them disappear.
c) Acquire, receive or hide money, things or effects from a crime.
d) I will not report the perpetration of a crime or will not identify the perpetrator or participant of an already known crime, when he is obliged to promote the criminal prosecution of a crime of that nature.
e) Assure or help the author or participant to ensure the proceeds or profit of the crime.
2.- In the case of subsection 1, c), above, the minimum penalty will be one (1) month in prison, if, according to the circumstances, the author could suspect that they came from a crime.
3.- The penalty scale will be increased to twice its minimum and maximum, when:
a) The preceding act was a particularly serious crime, such being the one whose minimum penalty was greater than three (3) years in prison.
b) The author will act for profit.
c) The author is regularly engaged in the commission of concealment acts.
d) The author is a public official.
The aggravation of the criminal scale, provided for in this subsection will only operate once, even when more than one of its qualifying circumstances concur. In this case, the court may take into account the plurality of causes when individualizing the penalty.
4.- Those who have acted in favor of the spouse, a relative whose bond does not exceed the fourth degree of consanguinity or second degree of affinity, or a close friend or person to whom special gratitude is owed are exempt from criminal responsibility. The exemption does not apply to the cases of subsection 1, e) and subsection 3, b) and c). (Subsection replaced by Art. 4 of the Law No. 26.087, BO 24/04/2006.)
(Article replaced by art. 2 of the Law No. 25.815 BO 1/12/2003)
ARTICLE 277 bis.- Prison of THREE (3) to SIX (6) years and special disqualification of THREE (3) to TEN (10) years will be applied to the public official who, after committing the crime of rustling in which he had not participated, violating the duties at his charge or abusing his functions, intervenes or facilitates the transport, slaughter, commercialization or maintenance of livestock, their offal or the products obtained, knowing their illicit origin.
(Article incorporated by art. 6 of the Law No. 25.890 BO 21/572004)
ARTICLE 277 ter.- A prison term of SIX (6) months to THREE (3) years will be imposed on those who, meeting the personal conditions described in article 167 quater paragraph 4, due to recklessness or negligence, intervene in some of the actions provided for in the preceding article, failing to adopt the measures necessary to ascertain the legitimate origin of the cattle.
(Article incorporated by art. 7 of the Law No. 25.890 BO 21/572004)
ARTICLE 278.- (Article repealed by article 2 of the Law No. 26.683 BO 21/06/2011)
ARTICLE 279.-
1) If the criminal scale provided for the preceding offense is less than that established in the provisions of this chapter, the criminal scale of the preceding offense will be applicable to the case.
2) If the preceding crime is not threatened with imprisonment, a fine of one thousand (1.000) pesos to twenty thousand (20.000) pesos or the criminal scale of the preceding crime, if this is less, will be applied to its concealment.
3) When the perpetrator of the facts described in paragraphs 1 or 3 of article 277 was a public official who had committed the act in the exercise or occasion of his functions, he will also suffer a special disqualification penalty of three (3) to ten (10). ) years. The same penalty will be suffered by anyone who has acted in the exercise of a profession or trade that requires special authorization.
4) The provisions of this chapter shall govern even when the preceding offense had been committed outside the spatial scope of this Code, as long as the fact that typified it would also have been punished with a penalty in the place of its commission.
(Article replaced by article 3 of the Law No. 26.683 BO 21/06/2011)
Chapter XIV
Evasion and breaking of grief.
(Heading of the chapter replaced by article 3 of the Law No. 23.487 BO 26/1/1987)
ARTICLE 280. - Anyone who, being legally detained, will evade by means of violence in people or force in things will be punished with prison from one month to one year.
ARTICLE 281. - He will be punished with imprisonment from one month to four years, whoever favors the evasion of a detainee or convicted person, and if he is a public official, he will also suffer absolute disqualification for triple time.
If the evasion occurs due to the negligence of a public official, this will be punished with a fine of one thousand Argentine pesos to fifteen thousand Argentine pesos.
(Infoleg Note: fine updated by art. 1st of the Law No. 24.286 BO 29/12/1993)
ARTICLE 281 bis. Anyone who violates a judicially imposed disqualification will be punished with imprisonment from two months to two years.
(Article incorporated by article 4 of the Law No. 23.487 BO 26/1/1987)
CRIMES AGAINST PUBLIC FAITH
Chapter I
Counterfeiting of currency, banknotes, bearer securities and credit documents
ARTICLE 282. - The person who falsifies currency that is legal tender in the Republic and the person who introduces, expends or puts it into circulation will be punished with seclusion or imprisonment for three to fifteen years.
ARTICLE 283. - He who curtails or alters legal tender currency and he who introduces, expends or puts into circulation severed or altered currency will be punished with imprisonment or imprisonment for one to five years.
If the alteration consists in changing the color of the coin, the penalty will be from six months to three years in prison.
ARTICLE 284. - If the false, severed or altered currency has been received in good faith and is issued or circulated with knowledge of the falsity, curtailment or alteration, the penalty will be from one thousand Argentine pesos to fifteen thousand Argentine pesos.
(Infoleg Note: fine updated by art. 1st of the Law No. 24.286 BO 29/12/1993)
ARTICLE 285. - For the purposes of the previous articles, they are equated to the national currency, foreign currency, national, provincial or municipal debt securities and their coupons, bonds or drafts of national, provincial and municipal treasuries, bank notes , titles, certificates, shares, negotiable securities and purchase, credit or debit cards, legally issued by national or foreign entities authorized to do so, and checks of all kinds, including traveler's checks, regardless of the bank's headquarters.
(Article replaced by art. 2 of the Law No. 25.930 BO 21/9/2004)
ARTICLE 286. - (Article repealed by art. 3 of the Law No. 25.930 BO 21/9/2004)
ARTICLE 287. - The public official and the director or administrator of a bank or a company that manufactures or issues or authorizes the manufacture or issuance of currency, with title or title, will be punished with seclusion or prison for one to six years and absolute disqualification for weight less than the law, banknotes or any titles, certificates or bearer shares, in a quantity greater than the authorized amount.
Chapter II
Forgery of stamps, stamps and marks
ARTICLE 288. - It will be punished with seclusion or prison from one to six years:
1st. Whoever falsifies official stamps;
2nd. Anyone who falsifies sealed paper, postage or telegraph stamps or any other class of stamped effects whose issue is reserved to the authority or whose purpose is to collect taxes.- In these cases, as well as in those of the following articles, it will be considered counterfeiting the fraudulent impression of the real seal.
ARTICLE 289. - It will be punished with imprisonment from six months to three years:
1. Whoever falsifies trademarks, passwords or signatures officially used or legally required to contrast weights or measures, identify any object or certify its quality, quantity or content, and whoever applies them to objects other than those to which they should be applied.
2. Whoever falsifies tickets of public transport companies.
3. Anyone who falsifies, alters or removes the numbering of a registered object in accordance with the law.
(Article replaced by art. 1 of the Law No. 24.721 BO 18/11/1996)
ARTICLE 290. - Anyone who makes any of the stamps, stamps, trademarks or passwords referred to in the previous articles, disappear with imprisonment from fifteen days to one year, the sign that indicates having already served or been disabled for the purpose of your expedition.-
Anyone who knowingly uses, causes to use or puts up for sale these unused stamps, stamps, etc., will be punished with a fine of seven hundred and fifty pesos to twelve thousand five hundred pesos.
(Infoleg Note: fine updated by art. 1st of the Law No. 24.286 BO 29/12/1993)
ARTICLE 291. - When the guilty of any of the crimes included in the previous articles, is a public official and commits the act by abusing his position, he will also suffer absolute disqualification for twice that of the sentence.
Chapter III
Forgery of documents in general
ARTICLE 292.- Anyone who makes a false document in whole or in part or adulterates a true one, so that it may be detrimental, will be punished with seclusion or imprisonment from one to six years, if it is a public instrument and with prison from six months to two years, if it is a private instrument.
If the falsified or adulterated document is one of those destined to prove the identity of the persons or the ownership of the domain or authorization to circulate motor vehicles, the penalty will be three to eight years.
For the purposes of the previous paragraph, those that are given to members of the armed, security, police or penitentiary forces, the identity cards issued by public authority, are equated to the documents intended to prove the identity of the persons. competent authority, civic or enrollment books, and passports, as well as delivery and birth certificates.
(Article replaced by art. 9 of the Law No. 24.410 BO 2/1/1995)
ARTICLE 293.- Anyone who inserts or causes false statements to be inserted in a public instrument concerning a fact that the document must prove, so that it may be prejudicial, shall be punished with seclusion or prison for one to six years.
In the case of the documents or certificates mentioned in the last paragraph of the previous article, the penalty will be 3 to 8 years. (Paragraph replaced by article 10 of the Law No. 24.410 BO 2/1/1995)
ARTICLE 293 bis.- Prison from ONE (1) to THREE (3) years will be imposed on a public official who, due to recklessness or negligence, intervenes in the issuance of cattle transit guides or in the visa or legalization of acquisition certificates or other documents that prove the ownership of the livestock, failing to adopt the necessary measures to ensure its legitimate origin.
(Article incorporated by art. 8 of the Law No. 25.890 BO 21/5/2004)
ARTICLE 294. - Whoever suppresses or destroys, in whole or in part, a document in such a way that it may be detrimental, shall incur the penalties indicated in the previous articles, in the respective cases.
ARTICLE 295. - The doctor who gives a false certificate in writing, concerning the existence or non-existence, present or past, of any illness or injury will suffer imprisonment from one month to one year when damage results from it.
The penalty will be one to four years, if the false certificate should have as a consequence that a healthy person is detained in an asylum, lazaretto or other hospital.
ARTICLE 296. - Anyone who makes use of a false or adulterated document or certificate will be punished as if he were the author of the falsity.
ARTICLE 297.- For the purposes of this Chapter, the holographic or closed wills, the birth or delivery certificates, the bills of exchange and the receivables transferable by endorsement or to the bearer, not included in article 285, are equated to public instruments.
(Article replaced by art. 11 of the Law No. 24.410 BO 2/1/1995)
ARTICLE 298. - When any of the crimes foreseen in this Chapter, is executed by a public official with abuse of his functions, the guilty party will also suffer absolute disqualification for twice the time of the sentence.
ARTICLE 298 bis. - Those who issue or accept credit invoices that do not correspond to sale, location of movable things, location of services or location of work actually contracted, will be sanctioned with the penalty provided in article 293 of this Code. The same penalty will correspond to those who unjustifiably reject or evade the acceptance of the credit invoice, when the service has already been provided properly, or withholding the merchandise that has been delivered.
(Article replaced by art. 3 of the Law No. 24.760 BO13 / 1/1997)
Chapter IV
Provisions common to the preceding Chapters
ARTICLE 299. - The person who manufactures, introduces into the country or keeps in his possession, materials or instruments known to commit any of the forgeries legislated in this Title, shall suffer imprisonment from one month to one year.
Chapter V
From fraud to commerce and industry
ARTICLE 300. - They will be punished with imprisonment from six (6) months to two (2) years:
1st. Whoever makes the price of merchandise rise or fall through false news, sham negotiations or by meeting or coalition between the main holders of a merchandise or genre, in order not to sell it or to sell it only at a certain price.
2nd. The founder, director, administrator, liquidator or trustee of a public limited company or cooperative or of another collective person, who knowingly publishes, certifies or authorizes an inventory, a balance sheet, a profit and loss account or the corresponding reports, minutes or memories , false or incomplete or inform the assembly or meeting of partners, falsely, about important facts to assess the economic situation of the company, whatever the purpose pursued when verifying it may have been.
(Article replaced by art. 2 of the Law No. 26.733 BO 28/12/2011)
ARTICLE 300 bis - When the criminal acts provided for in subsection 2) of article 300 have been carried out in order to conceal the commission of the crimes provided for in articles 258 and 258 bis, a prison sentence of one (1) to four (4) shall be imposed ) years and a fine of two (2) to five (5) times the falsified value in the documents and acts referred to in the aforementioned subsection.
(Article incorporated by art. 37 of the Law No. 27.401 BO 1/12/2017. Validity: ninety (90) days after its publication in the Official Gazette of the Argentine Republic)
ARTICLE 301. - The director, manager, administrator or liquidator of a public limited company, or cooperative or of another collective person who knowingly lends his contest or consent to acts contrary to the law or the statutes, will be punished with imprisonment from six months to two years, from which some damage may be derived. If the act involves the issuance of shares or capital quotas, the maximum penalty shall be three years in prison, provided that the act does not imply a more seriously punished crime.
ARTICLE 301 bis.- Anyone who exploits, manages, operates or in any way organizes, by himself or through third parties, any modality or system for capturing games of chance without authorization will be punished with a prison term of three (3) to six (6) years. pertinent emanated from the competent jurisdictional authority.
(Article incorporated by art. 10 of the Law No. 27.346 BO 27/12/2016. Validity: from its publication in the Official Gazette).
Chapter VI
Payment with checks without provision of funds
ARTICLE 302. - It will be punished with imprisonment from six months to four years and special disqualification from one to five years, provided that the circumstances of article 172 do not concur:
1st. Anyone who pays or delivers a check to a third party for any reason without having provision of funds or express authorization to draw overdraft, and does not pay it in national currency within twenty-four hours of having been notified of the non-payment by bank notice. , communication of the holder or any other documented form of interpellation;
2nd. Whoever gives in payment or delivers, for any concept to a third party, a check, knowing that at the time of its presentation it cannot be legally paid;
3rd. Whoever writes a check and gives a counterorder for payment, outside of the cases in which the law authorizes to do so, or maliciously frustrates its payment;
4th. Anyone who will issue a check on someone else's form without authorization.
(Title incorporated by article 4 of the Law No. 26.683 BO 21/06/2011)
CRIMES AGAINST THE ECONOMIC AND FINANCIAL ORDER
ARTICLE 303. - ...
1) The person who converts, transfers, manages, sells, encumbers, conceals or sells, will be punished with a prison term of three (3) to ten (10) years and a fine of two (2) to ten (10) times the amount of the transaction. In any other way, it puts into circulation in the market, goods originating from a criminal offense, with the possible consequence that the origin of the original goods or the surrogates acquire the appearance of a legal origin, and provided that their value exceeds the sum of pesos three hundred thousand ($ 300.000), either in a single act or by the reiteration of various events linked to each other.
2) The penalty provided for in section 1 will be increased by one third of the maximum and by half the minimum, in the following cases:
a) When the author performs the act regularly or as a member of an association or band formed for the continued commission of acts of this nature;
b) When the author was a public official who had committed the act in the exercise or occasion of his functions. In this case, he will also suffer a special disqualification penalty of three (3) to ten (10) years. The same penalty shall be suffered by anyone who has acted in the exercise of a profession or trade that requires special authorization.
3) Whoever receives money or other goods from a criminal offense, in order to have them applied in an operation of those provided for in paragraph 1, which gives them the possible appearance of a legal origin, will be punished with the penalty of imprisonment. from six (6) months to three (3) years.
4) If the value of the goods does not exceed the amount indicated in paragraph 1, the author will be punished with a prison sentence of six (6) months to three (3) years.
5) The provisions of this article will govern even when the preceding criminal offense had been committed outside the spatial scope of this Code, as long as the fact that typified it would also have been punished with a penalty in the place of its commission.
(Article incorporated by article 5 of the Law No. 26.683 BO 21/06/2011)
ARTICLE 304. - When the criminal acts provided for in the preceding article have been carried out in the name, or with the intervention, or for the benefit of a person of ideal existence, the following sanctions will be imposed on the entity jointly or alternatively:
1. A fine of two (2) to ten (10) times the value of the goods subject to the crime.
2. Total or partial suspension of activities, which in no case may exceed ten (10) years.
3. Suspension to participate in contests or state tenders for public works or services or in any other activity related to the State, which in no case may exceed ten (10) years.
4. Cancellation of legal status when it had been created for the sole purpose of committing the crime, or those acts constitute the main activity of the entity.
5. Loss or suspension of any state benefits you may have.
6. Publication of an extract of the conviction at the expense of the legal person.
To graduate these sanctions, the judges will take into account the breach of internal rules and procedures, the omission of vigilance over the activity of the perpetrators and participants, the extent of the damage caused, the amount of money involved in the commission of the crime, the size , the nature and economic capacity of the legal person.
When it is essential to maintain the operational continuity of the entity, or of a work, or of a particular service, the sanctions provided for in subsection 2 and subsection 4 shall not be applicable.
(Article incorporated by article 5 of the Law No. 26.683 BO 21/06/2011)
ARTICLE 305. - The judge may adopt from the beginning of the judicial proceedings sufficient precautionary measures to ensure the custody, administration, conservation, execution and disposition of the property or assets that are instruments, product, profit or effects related to the crimes provided for in articles precedents.
In money laundering operations, they will be confiscated definitively, without the need for a criminal conviction, when it has been possible to prove the illegality of their origin, or of the material fact to which they were linked, and the accused cannot be prosecuted due to death , flight, prescription or any other reason for suspension or termination of the criminal action, or when the accused has recognized the origin or illicit use of the goods.
The assets that are confiscated will be used to repair the damage caused to society, to the victims in particular or to the State. Only to fulfill these purposes can the goods be given a specific destination.
Any claim or litigation regarding the origin, nature or ownership of the goods will be made through an administrative or civil restitution action. When the property has been auctioned, only its monetary value can be claimed.
(Article incorporated by article 5 of the Law No. 26.683 BO 21/06/2011)
ARTICLE 306.-
1. It will be punished with imprisonment from five (5) to fifteen (15) years and a fine of two (2) to ten (10) times the amount of the operation, whoever directly or indirectly collects or provides goods or money, with the intention that they be used, or knowing that they will be used, in whole or in part:
a) To finance the commission of a crime with the purpose established in article 41 quinquies;
b) By an organization that commits or attempts to commit crimes with the purpose established in article 41 quinquies;
c) By an individual who commits, attempts to commit or participates in any way in the commission of crimes with the purpose established in article 41 quinquies.
2. The established penalties will be applied regardless of the occurrence of the crime to which the financing was intended and, if it is committed, even if the goods or money were not used for its commission.
3. If the criminal scale provided for the crime being financed or intended to be financed is less than that established in this article, the criminal scale of the crime in question will be applied to the case.
4. The provisions of this article will govern even when the criminal offense that is intended to be financed takes place outside the spatial scope of this Code, or when in the case of subsection b) and c) the organization or the individual is outside the territory national, insofar as the act would also have been punished with a penalty in the competent jurisdiction for its trial.
(Article incorporated by art. 5 ° at Law No. 26.734 BO 28/12/2011)
ARTICLE 307.- It will be punished with imprisonment from one (1) to four (4) years, a fine equivalent to the amount of the operation, and special disqualification of up to five (5) years, the director, member of the supervisory body, shareholder, shareholder representative and anyone who, due to his work, profession or function within an issuing company, by himself or by an intermediary, supplies or uses privileged information to which he had access during his activity, for trading, listing, purchase, sale or settlement of negotiable securities.
(Article incorporated by art. 3 of the Law No. 26.733 BO 28/12/2011) (Article 306 renumbered as Article 307 by Article 1 of the Decree No. 169/2012 BO 06/02/2012)
ARTICLE 308.- The minimum penalty provided for in the preceding article shall be two (2) years in prison and the maximum to six (6) years in prison, when:
a) The perpetrators of the crime use or supply privileged information on a regular basis;
b) The use or supply of privileged information would give rise to obtaining a benefit or avoid economic damage, for oneself or for third parties.
The maximum of the foreseen penalty will be raised to eight (8) years in prison when:
c) The use or supply of privileged information will cause serious damage in the stock market;
d) The crime was committed by a director, member of the supervisory body, official or employee of a self-regulated entity or of risk rating companies, or exercised by profession of those that require authorization or registration, or a public official. In these cases, a special disqualification penalty of up to eight (8) years will also be imposed.
(Article incorporated by art. 4 of the Law No. 26.733 BO 28/12/2011) (Article 307 renumbered as Article 308 by Article 2 of the Decree No. 169/2012 BO 06/02/2012)
ARTICLE 309.-
1. It will be punished with imprisonment from one (1) to four (4) years, a fine equivalent to the amount of the operation and disqualification of up to five (5) years, which:
a) I will carry out transactions or operations that raise, maintain or lower the price of negotiable securities or other financial instruments, using false news, fake negotiations, meeting or coalition between the main holders of the species, in order to produce the appearance of greater liquidity or to negotiate it at a certain price;
b) Offer negotiable securities or financial instruments, concealing or concealing true facts or circumstances or affirming or suggesting false facts or circumstances.
2. It will be punished with imprisonment from two (2) to six (6) years, when the representative, administrator or auditor of a commercial company of which they have the obligation to establish private control bodies, informs the partners or shareholders hiding or falsifying important facts to assess the economic situation of the company or that in the balance sheets, reports or other accounting documents, false or incomplete information is recorded.
(Article incorporated by art. 5 of the Law No. 26.733 BO 28/12/2011) (Article 308 renumbered as Article 309 by Article 3 of the Decree No. 169/2012 BO 06/02/2012)
ARTICLE 310.- It will be punished with imprisonment from one (1) to four (4) years, a fine of two (2) to eight (8) times the value of the operations carried out and special disqualification up to six (6) years, which On my own account or on behalf of others, directly or indirectly, I will carry out financial intermediation activities, under any of its modalities, without having the authorization issued by the competent supervisory authority.
Anyone who captures savings from the public in the stock market or provides intermediation services for the acquisition of negotiable securities shall incur the same penalty, when they do not have the corresponding authorization issued by the competent authority.
The minimum amount of the penalty will be raised to two (2) years when journalistic publications, radio or television broadcasts, internet, cinematographic projections, placement of posters, signs or posters, programs, circulars and printed communications or any other procedure have been used. of mass diffusion.
(Article incorporated by art. 6 of the Law No. 26.733 BO 28/12/2011) (Article 309 renumbered as Article 310 by Article 4 of the Decree No. 169/2012 BO 06/02/2012)
ARTICLE 311.- They will be punished with imprisonment from one (1) to four (4) years, a fine of two (2) to six (6) times the value of the operations and disqualification of up to six (6) years, the employees and officials of financial institutions and those that operate in the stock market that inserting false data or mentioning non-existent facts, document an active or passive credit operation or negotiation of negotiable securities, with the intention of obtaining a benefit or causing damage, for themselves or for third parties.
The same penalty shall be incurred by whoever fails to establish or duly record any of the operations referred to in the preceding paragraph.
(Article incorporated by art. 7 of the Law No. 26.733 BO 28/12/2011) (Article 310 renumbered as Article 311 by Article 5 of the Decree No. 169/2012 BO 06/02/2012)
ARTICLE 312.- Employees and officials of financial institutions and those that operate in the securities market that directly or indirectly will be punished with imprisonment for one (1) to six (6) years and disqualification of up to six (6) years. , and regardless of the charges and interests set by the institution, improperly receive money or any other economic benefit, as a condition to carry out credit, financial or stock market operations.
(Article incorporated by art. 8 of the Law No. 26.733 BO 28/12/2011) (Article 311 renumbered as Article 312 by Article 5 of the Decree No. 169/2012 BO 06/02/2012)
ARTICLE 313.- When the criminal acts provided for in the preceding articles have been carried out in the name, or with the intervention, or for the benefit of a person of ideal existence, the provisions set forth in article 304 of the Penal Code shall apply.
In the case of legal persons that make a public offering of negotiable securities, the sanctions must be applied taking care not to harm the shareholders or holders of the respective titles to whom it is not possible to attribute responsibility in the criminal act. To this end, the company's control body must be heard.
When the legal person is bankrupt, the sanctions may not be applied to the detriment of the rights and privileges of the creditors due to a cause or title prior to the criminal act. To that end, the bankruptcy trustee must be heard.
(Article incorporated by art. 9 of the Law No. 26.733 BO 28/12/2011) (Article 312 renumbered as Article 313 by Article 5 of the Decree No. 169/2012 BO 06/02/2012)
ARTICLE 314. - This code will govern as the law of the Nation six months after its promulgation. (Article 306 renumbered as Article 314 by Article 10 of the Law No. 26.733 BO 28/12/2011). (Article 303 renumbered as Article 306 by article 5 of the Law No. 26.683 BO 21/06/2011)
ARTICLE 315. - The Executive Power will have the official edition of the code together with the explanatory statement that accompanies it. The expenses generated by the publication will be charged to this law. (Article 306 renumbered as Article 314 by Article 10 of the Law No. 26.733 BO 28/12/2011). (Article 304 renumbered as Article 307 by article 5 of the Law No. 26.683 BO 21/06/2011)
ARTICLE 316. - Laws numbers 49, 1920, 3335, 3900, 3972, 4189, 7029, 9077 and 9143 are repealed, the same as the others as soon as they oppose this code. The penalties of imprisonment and penitentiary established by the special laws not repealed by this code, are replaced by that of confinement and those of prison and arrest by that of prison. (Article 306 renumbered as Article 314 by Article 10 of the Law No. 26.733 BO 28/12/2011). (Article 305 renumbered as Article 308 by article 5 of the Law No. 26.683 BO 21/06/2011)
- Article 313, Infoleg note: due to the modifications and renumbering provided by the Law No. 26.733 BO 28/12/2011 and the Law No. 26.734 BO 28 / 12 / 2011, the wording of this article has been omitted;
- Article 309, Infoleg Note: due to the modifications and renumbering provided by the Law No. 26.733 BO 28/12/2011 and the Law No. 26.734 BO 28 / 12 / 2011, the number of this article has been doubled;
- Article 308 renumbered as Article 309 by art. 4th of the Law No. 26.734 BO 28/12/2011;
- Article 307 renumbered as Article 308 by art. 4th of the Law No. 26.734 BO 28/12/2011;
- Article 306 renumbered as Article 307 by art. 4th of the Law No. 26.734 BO 28/12/2011;
- Article 63, second paragraph incorporated by art. 1st of the Law No. 26.705 BO 5/10/2011;
- Article 77, fifth paragraph, incorporated by art. 1 of Annex I of the Law No. 26.394 BO 29/8/2008. Validity: it will take effect six (6) months after its enactment. During said period, a dissemination and training program on its content and application will be carried out in the relevant areas;
- Article 252, second paragraph incorporated by art. 17 of Annex I of the Law No. 26.394 BO 29/8/2008. Validity: it will take effect six (6) months after its enactment. During said period, a dissemination and training program on its content and application will be carried out in the relevant areas;
- Article 77, thirteenth paragraph, incorporated by art. 1st of the Law No. 26.388, BO 25/6/2008;
- Article 77, twelfth paragraph, incorporated by art. 1st of the Law No. 26.388, BO 25/6/2008;
- Article 77, eleventh paragraph, incorporated by art. 1st of the Law No. 26.388, BO 25/6/2008;
- Article 41 ter replaced by art. 12 of the Law No. 26.364, BO 30/4/2008;
- Article 145 ter incorporated by art. 11 of the Law No. 26.364, BO 30/4/2008;
- Article 145 bis incorporated by art. 10 of the Law No. 26.364, BO 30/4/2008;
- Article 193 bis incorporated by art. 2rd of the Law No. 26.362, BO 16/4/2008;
- Article 213 quater incorporated by art. 3rd of the Law No. 26.268 BO 5/7/2007;
- Article 213 ter incorporated by art. 2nd of the Law No. 26.268 BO 5/7/2007;
- Article 278, subsection 5) incorporated by Article 5 of the Law No. 26.087, BO 24/04/2006;
- Article 67, fourth paragraph replaced by art. 1st of the Law No. 25.990 BO 11/1/2005;
- Article 67, fifth paragraph replaced by art. 1st of the Law No. 25.990 BO 11/1/2005;
- Article 14 replaced by art. 2th of the Law No. 25.892 BO26 / 5/2004;
- Article 77, tenth paragraph, incorporated by art. 1st of the Law No. 25.890 BO21 / 5/2004;
- Article 279, paragraph 3) replaced by art. 3rd of the Law No. 25.815 BO 1/12/2003;
- Article 258 bis replaced by art. 1st of the Law No. 25.825 BO 11/12/2003;
- Article 41 ter, incorporated by art. 2rd of the Law No. 25.742 BO 20/6/2003;
- Article 24, last paragraph incorporated by art. 1st of the Law No. 25. 742 BO 20/6/2003;
- Article 206, paragraphs incorporated by art. 1st of the Law No. 25.528 BO 9/1/2002;
- Article 78 bis, incorporated by art. 51 of the Law No. 25.506 BO 14/12/2001;
- Article 157 bis, incorporated by art. 32 of the Law No. 25.326 BO 2/11/2000;
- Article 279 replaced by art. 4th of the Law No. 25.246 BO10 / 5/2000. Partially banned by Decree No. 370/2000 BO10 / 5/2000;
- Article 279, subsection 2), Sentence "The concealment of a crime of this nature shall not be punishable, when it is committed by recklessness, in the sense of article 278, subsection 2;" vetoed by Decree No. 370/2000 BO 10/5/2000;
- Article 278 replaced by art. 3th of the Law No. 25.246 BO 10/5/2000.
- Article 278, Infoleg Note: subsection 2) vetoed by Decree No. 370/2000 BO 10/5/2000: «2) Anyone who, due to recklessness or serious imprudence, commits any of the facts described in the previous paragraph, first sentence, will be punished with a fine of twenty percent (20%) to one hundred and fifty percent (150 %) of the value of the goods subject to the crime ”;
- Article 277, replaced by art. 2th of the Law No. 25.246 BO 10/5/2000;
- Book II, Title XI, Chapter XIII, Denomination, replaced by art. 1st of the Law No. 25.246 BO 10/5/2000;
- Article 67, replaced by art. 29 of the Law No. 25.188 BO 1/11/1999. Validity: from eight days from its publication;
- Article 265 replaced by art. 35 of the Law No. 25.188 BO 1/11/1999. Validity: eight days from its publication;
- Article 84 replaced by art. 1th of the Law No. 25.189 28/10/1999;
- Article 94 replaced by art. 2th of the Law No. 25.189 28/10/1999;
- Article 203 replaced by art. 5th of the Law No. 25.189 28/10/1999;
- Article 119 replaced by art. 2th of the Law No. 25.087 BO 14/5/1999;
- Article 131 repealed by art. 12 of the Law No. 25.087 BO 14/5/1999;
- Article 127 replaced by art. 8th of the Law No. 25.087 BO 14/5/1999;
- Article 126 replaced by art. 7th of the Law No. 25.087 BO 14/5/1999;
- Article 125 bis incorporated by art. 6rd of the Law No. 25.087 BO 14/5/1999;
- Article 132 replaced by art. 15 of the Law No. 25.087 BO 14/5/1999;
- Article 128, replaced by art. 9th of the Law No. 25.087 BO 14/5/1999;
- Article 127 ter, incorporated by art. 17 of the Law No. 25.087 BO 14/5/1999;
- Article 127 bis, replaced by art. 16 of the Law No. 25.087 BO 14/5/1999;
- Article 23, replaced by art. 26 of the Law No. 25.188 BO 1/11/1999;
- Article 258 bis, incorporated by art. 36 of the Law No. 25.188 BO 1/11/1999;
- Article 266 replaced by art. 37 of the Law No. 25.188 BO 1/11/1999. Validity: eight days from its publication;
- Article 189 bis, replaced by art. 2nd of the Law No. 25.086 BO 14/5/1999. Phrase "or of conditional civil use" vetoed by Decree No. 496/1999;
- Article 189 ter, incorporated by art. 3rd of the Law No. 25.086 BO 14/5/1999;
- Article 73 replaced by art. 1th of the Law No. 24.453 BO 7/3/1995;
- Article 94, fine updated by Law No. 24.286 BO 29/12/1993;
- Article 204 ter, Infoleg Note: fine updated by art. 1st of the Law No. 24.286 BO 29/12/1993;
- Article 204 bis, Infoleg note, fine updated by art. 1st of the Law No. 24.286 BO 29/12/1993;
- Article 203 Infoleg Note: fine updated by art. 1st of the Law No. 24.286 BO 29/12/1993;
- Article 155, Infoleg note: fine updated by art. 1st of the Law No. 24.286 BO 29/12/1993;
- Article 255, Infoleg note: fine updated by art. 1st of the Law No. 24.286 BO 29/12/1993;
- Article 286, fine updated by art. 1st of the Law No. 24.286 BO 29/12/1993;
- Article 252, Infoleg Note: fine updated by art. 1st of the Law No. 24.286 BO 29/12/1993;
- Article 72, inc. 3) incorporated by art. 4th of the Law No. 24.270 BO 26/11/1993;
- Article 298 bis, replaced by article 9 of the Law No. 24.064 BO17 / 1/1992;
- Article 301 bis repealed by art. 10 of the Law No. 24.064 BO 17/1/1992;
- Article 204 replaced by art. 1th of the Law No. 23.737, BO 11/10/1989;
- Article 204 bis incorporated by Law No. 23.737 BO11 / 10/1989;
- Article 204 ter incorporated by Law N ° 23.737 BO11 / 10/1989;
- Article 204c incorporated by Law No. 23.737 BO11 / 10/1989;
- Article 77, ninth paragraph, replaced by art. 40 of the Law No. 23.737 BO11 / 10/1989;
- Article 163, paragraph 1, replaced by Law No. 23.588 BO24 / 8/1988;
- Update amounts of fines: Law No. 23.479 BO26 / 1/1987, Law No. 23.974 BO17 / 9/1991 and the Law No. 24.286 BO 29/12/1993;
- Article 72 replaced by art. 1 of Law No. 23.487 BO 26/1/1987;
- Heading of Chapter III, Title III of the Second Book, replaced by art. 2 of Law No. 23.487 BO 26/1/1987;
- Article 277, replaced by art. 1th of the Law No. 23.468 26/1/1987;
- Article 204, amount updated by art. 1st of the Law No. 23.479, 16/1/1987;
- Article 279, replaced by art. 1th of the Law No. 23.468 26 / 1 / 1987.
