ARGENTINA Law and Practice Contributed by: Roberto Durrieu, Tomas Guido and Aranzazú Sesma Lasierra, Estudio Durrieu
4.4 Exempt Sectors/Industries In relation to the offences described above, no sectors or industries are exempt. 4.5 Safe Harbour or Amnesty Programme The legal person may be exempt from penalty if they have spontaneously denounced the crime, implemented an adequate control and supervi - sion system whose violation would have required an effort for the commission of the crime, and returned the undue benefit obtained. 5. Penalties for Violations 5.1 Penalties on Conviction The penalties for the offences described above are as follows. • Corruption imprisonment between ten to 15 years. • Bribery and influence peddling imprisonment between one to six years. • Negotiations incompatible with the exercise of public functions imprisonment between one to six years. • Illicit enrichment of officials and employees imprisonment between two to six years. • Aggravated false balance sheets and reports imprisonment between six months to two years. 5.2 Guidelines Applicable to the Assessment of Penalties The assessment of appropriate penalties for criminal offences is primarily governed by the Argentine Criminal Code and laws addressing specific crimes, such as corruption and finan - cial crimes. Judges must take into account the following:
als and companies are also subject to criminal liability for the described offences. Finally, in cases of transformation, merger, absorption, spin-off or any other corporate mod - ification, the liability of the legal person is trans - ferred to the resulting or absorbing legal person.
4. Defences and Exceptions 4.1 Defences
The main defence that a legal entity may use is the statute of limitations, which is computed in six years since the crime was committed. In relation to the directors, they can structure their defence around the delimitation of their specific competences and the delegation of tasks. Consequently, the existence of a conflict of interest between the legal entity and the person appointed as representative is foreseen, which leads to the removal of the latter. Finally, the legal person may allege to obtain an exemption from punishment that the human person who committed the crime acted for its exclusive benefit and without generating any benefit for the entity. 4.2 Exceptions The legal entity cannot extinguish the criminal action by payment or by full reparation of the damage, which is allowed for the natural per - sons involved in the act. 4.3 De Minimis Exceptions In relation to the offences outlined previously, no minimis exceptions are contemplated in Argen - tina.
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