Omnibus Bill: Anti-Corruption and Criminal Aspects

1. Integration and Functions of the Anti-Corruption Office

The Bill incorporates new articles to the Law of Ministries 25233, which had created the Anti-Corruption Office within the Ministry of Justice and Human Rights. In this way, it establishes new requirements to be Head of the Anti-Corruption Office. Unlike the current regime (Decree 102/99), which only considers appointing lawyers, it will now allow the appointment of professionals in economic sciences. The requirements also include at least ten years of professional practice and proven experience in anti-corruption and integrity matters.

The Bill also defines the functions of the Anti-Corruption Office, essentially maintaining the scope of the current regime in Decree 102/99. It is important to note that the Bill maintains the Office's power to "Act as a joint complainant in cases where the State's assets are affected, within its scope of competence," as its active intervention in judicial processes was recently questioned and includes an open enumeration of powers, expressly authorizing the exercise of "...all necessary actions to better fulfil its functions."

Finally, it establishes that the Federal Legislative and Judiciary Branches and the Attorney General’s Office must create a decentralized organism with functional autonomy, acting as the enforcement authority for anti-corruption regulations in their corresponding areas.

2. Sporting Events

The Bill modifies the contravention regime applicable to sporting events (Law 23184). Specifically, it repeals the obligation to offer all available seats for sale and eliminates the prohibition of ticket resale.

Under the new regime, ticket resale without limit is permitted. In fact, the sales manager:

1. cannot impose any type of restriction on resale
2. must ensure the possibility of reselling nominative tickets through electronic means.

Finally, the Bill introduces the right of sports entities to receive up to 5 % of the resale price as commission.

3. Security and Defense

The Bill repeals Law 21770, which authorized the police of the Province of Buenos Aires to import as secret security material, without prior verification, and without payment of import duties specialized elements for equipment and/or functioning.

4. Internal Security

The Bill introduces modifications to the Criminal Code, increasing the penalties applicable to crimes committed in the context of protests and demonstrations in public spaces, while expanding the scope of action for law enforcement authorities.

1. Obstruction of Transport and Communications

The Bill replaces article 196 of the Criminal Code, which currently punishes the obstruction of communication or means of transport. First, it aggravates the penalties applicable to the basic definition. Further, it creates new aggravations for cases involving the use of weapons, property damage, or harm to people.

It also imposes aggravated penalties for organizers of meetings or demonstrations that obstruct the traffic, cause damage, or cause injuries, even if the individuals are not part of the demonstration.

Finally, it imposes aggravated penalties for those who force another to attend a demonstration under the promise of remuneration or the threat of withdrawal of a benefit, social plan, or subsidy.

2. Attack and Resistance to Authority

The Bill increases the penalties applicable to the crime of attacking and resisting authority, with the maximum penalty for the basic crime increasing from one to three years and six months, and from two to six years in any of its aggravated forms.

3. Self-Defense and Other Non-Punishable Behaviors

The Bill modifies the wording of article 34 of the Criminal Code, expanding the existing scope of non-punishable behaviors.

It maintains the impossibility of punishing those who act in compliance with a duty or in the legitimate exercise of their right, authority, or position. The Bill adds that the proportionality of the means used must always be interpreted in favor of those acting in compliance with their duty or in the legitimate exercise of their right, authority, or position.

It also expands the concept of self-defense, understanding it occurs when a difference in age, physical build, experience, or number of aggressors could cause fear of harm to one's physical or sexual integrity. It also includes those who defend themselves from someone using a fake weapon or attacking with a weapon while fleeing.

Moreover, the Bill prevents the perpetrator of a crime or their relatives from suing or demanding compensation from someone who has defended themselves, even when the limits of legitimate defense have been exceeded.

5. Regulation of Jury Trials in Criminal Matters

The Bill regulates jury trials in criminal matters, in compliance with articles 24, 75 paragraphs 12, 118, and 126 of the Argentine Constitution. This regulation will apply exclusively to the federal jurisdiction. However, those Provinces that have not yet enacted provincial jury laws, or those that have enacted them but wish to update them may adhere to this law to apply it in the Province.

Jury trials are imposed for all crimes that have a maximum penalty of more than five years in prison or detention. The jury will be composed of twelve incumbent members and at least two substitutes. The jury must necessarily be composed of equal parts women and men. The Bill also creates the Central Jury Office, which will be in charge of compiling the Jury Registry in each district.

In short, the jury must pronounce a unanimous verdict declaring the accused "not guilty," "not guilty by reason of unaccountability," or "guilty," without any clarification or addition.  If the jury does not reach a unanimous vote within a rational period of debate, it can be declared deadlocked. In this case, the accuser may continue the prosecution with a new jury. Otherwise, the immediate acquittal of the accused is imposed.

No appeal will be admitted against the verdict of “not guilty” and the corresponding acquittal sentence, except in specific exceptional cases. The general rules in the Federal Criminal Procedure Code will apply for challenging sentences against the “guilty” verdict.