Benefits For Those Who Turn State's Evidence And Collaborate With Bribery Investigations

Author:Mr Pedro Espelta, Gustavo L. Morales Oliver and Ayelén Eliana López Camino
Profession:Marval O'Farrell & Mairal
 
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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...

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