What is the legal framework governing bribery in Argentina?
The crime of bribery is known in Argentina as bribery and influence peddling. The second book of the Argentine Criminal Code deals with bribery in Title XI (crimes against the Public Administration), Chapter VI (Bribery and Influence Peddling), sections 256 to 259. On December 10, 2003, Act # 25825 was passed, which amended this chapter, including the title.
What constitutes a bribe?
Bribery is the giving of a financial, or any other type of, advantage, with the intention of inducing or rewarding the improper performance of functions of a public nature. Hence, it is bribery when a public official receives some sort of asset as a result of having performed, or intentionally failing to perform, a certain act. Bribery against the public administration is committed both by the authority asking for or accepting the benefit (bribee) and by the one offering it (briber). The institution being protected is the public administration. Even if both the briber and the bribee are active parties to the crime, it is passive bribery when an official accepts a bribe and active bribery when the briber offers or gives the bribe.
What are the principal offences under this legal framework?
The law provides that the following offences constitute bribery:
Any public official who, personally or through others, receives money or any other gift, or else promises to perform, delay or fail to perform an act in connection with their duties, either directly or indirectly. Any person who, personally or through others, requests or receives money or any other gift to unduly influence a public official so that the latter will perform, delay or fail to perform an act in connection with their duties. Any person who directly or indirectly offers or gives gifts so that a public official will perform or fail to perform an act in connection with their duties. Any person who unlawfully, directly or indirectly, offers, promises to give or gives a public official from another state or from an international public organization sums of money, any other asset with a monetary value or other rewards such as gifts, favors, promises or advantages for their own benefit or for the benefit of a third party so that, in return, the public official will perform, or fail to perform, an action in connection with their duties or will use the influence derived from their function in an issue related to an economic, financial or commercial transaction. Any public official who admits having received gifts on account of their functions, as long as the public official remains in office. 4. What is the jurisdictional reach of the legal framework?
Under section 1 of the Criminal Code, the criminal system under consideration comprises:
crimes committed or having effects in the territory of Argentina or any other places under its jurisdiction; crimes committed abroad by public servants or agents working for Argentine authorities while performing their duties; and the crime provided for in section 258 bis (bribery in connection with a foreign public authority or international public entity) committed abroad by Argentine citizens or legal entities with principal place of business in Argentina, whether such principal place of business be the one in their corporate bylaws or that of any headquarters or subsidiaries they may have in the Argentine territory. 5. Who may be liable for bribery? (public officials, private individuals, legal entities etc.)
Public officials, whatever their function (whether they be authorities working for...
Global Bribery Offenses Guide - November 27, 2019
|Author:||Mr Santiago Fontán Balestra|
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