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Argentina to soften penalties for corruption whistleblowers

In Argentina, Law No. 27304 amended article 41ter of the Criminal Code, which provides for the possibility of reducing penalties for certain crimes in the case of informing the investigation.

Previously, the legislation established the possibility of leniency for offences related to drug trafficking, terrorism, money-laundering, kidnapping and trafficking in persons. Under the new law, leniency can now be applied to offences against public administration, including corruption and fraud. In particular, the article covers offences related to bribery and influence peddling, embezzlement of public funds, negotiation, incompetence, corruption, corruption and fraud.

Penalty reduction is possible for any person who is a direct participant in criminal proceedings, who has provided reliable information or accurate and verified data that may help prevent or stop any of the listed crimes, reveal the identity or location of accomplices or assist in clarifying the facts under investigation. However, the article does not provide for complete abolition of punishment: mitigation of sanctions is possible for ⅓ of the maximum penalty and ½ of the minimum penalty.

The law also discloses the procedure for cooperation with the investigation, in particular, the need to conclude a cooperation agreement with the prosecutor before the trial itself, as well as the criteria evaluated when deciding whether to mitigate an informant's punishment.

In addition, the new law supplements the Criminal Code with Article 276bis, which criminalizes perjury: in the case of deliberately providing false information or inaccurate data, a person may be subject to a penalty of 4 to 10 years' imprisonment and is deprived of the possibility of leniency under Article 41ter.

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Criminal prosecution
Sanctions
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