Congress approved a bill granting penalty reductions to those investigated for bribery –or certain other crimes– who effectively collaborate with the authorities.
On October 21, 2016, Congress approved a bill granting penalty reductions to those investigated for bribery –or certain other crimes such as traffic of influences, contraband, misuse of public goods, illegal enrichment and others– who effectively collaborate with the authorities by providing precise information to, among others, prevent or clarify the crimes under investigation or related crimes (the "Regulation").
The information that the person who turns state's evidence discloses to the authorities must refer to facts/actions in which the personhas participated and which relates to individuals whose criminal responsibility is equal or greater than their own.
The following elements must be considered to grant the benefit: (a) the kind, scope and usefulness of the information; (b) the time in which the information is provided; (c) the seriousness of the crimes that the person turning state's evidence helps to clarify or prevent; and (d) the seriousness of the crime for which the personis under investigation.
In order to receive the benefit, the person who is turning state's evidence must enter into an agreement with the prosecutor describing the information provided and the benefit granted. Afterwards, such agreement must be submitted to the judge for his or her approval.
Within one year, the judge or the prosecutor must corroborate whether the person who is turning state's evidence complied with his/her obligations under the agreement or not, particularly with regard to the truthfulness and usefulness of the information provided.
Maliciously providing false or imprecise information to the authorities within the framework of the agreement will be penalized with loss of the benefit and imprisonment from 4 to 10 years.
The repentant will be protected by the National Witness Program created by Law No. 25,764.
The courts may not convict defendants only on the basis of the information provided by a the person who is turning state's evidence.
The benefit does not apply to: (a) public officers who may be subject to impeachment such as the President, Vice-president, Chief of Cabinet, Ministers and members of the Supreme Court, and (b) cases of crimes against humanity.
Similar regulations in other countries have a broader scope granting rewards to any individuals who report illegal actions to the authorities, irrespective of whether they are involved in the investigation or not. Other jurisdictions also allow similar collaboration agreements to be entered into by prosecutors or administrative authorities.
Notwithstanding that, the Regulation is a step forward to reinforce corruption investigations in Argentina.
In order to become enforceable, this Regulation must be enacted by the President and then published in the Official Gazette.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
