ARGENTINA Law and Practice Contributed by: Roberto Durrieu, Tomas Guido and Aranzazú Sesma Lasierra, Estudio Durrieu
ing the assets of presumed illicit origin (see Arti - cle 23 of the Penal Code). In a similar vein, a special civil forfeiture of own - ership regime was established in Decree No 62/2019. This process must be carried out before the fed - eral, civil and commercial courts when the origin of the assets cannot be reliably demonstrated and they are suspected to be the result of a crim - inal action (see Law No 26.994, Article 1907). 7.2 Enforcement Bodies For the offences listed, the enforcement bodies are the Argentinian courts for criminal sanctions, and the Anti-Corruption Office for administra - tive sanctions; and these entail the prevention and investigation of those conducts that, within the scope established by the Argentine law, are considered as falling within the scope of the Inter-American Convention against Corruption (approved by Law No 24,759), the United Nations Convention against Corruption (approved by Law No 26,097), the Convention against Corrup - tion (approved by Law No 26,097), and the Con - vention on Combating Bribery of Foreign Public Officials in International Commercial Transac - tions (approved by Law 25.319). The scope of application covers the National Public Adminis - tration, both centralised and decentralised. 7.3 Jurisdictional Reach of Enforcement Bodies The jurisdictional reach of enforcement bodies concerning anti-bribery and anti-corruption laws extends to the following. • The Public Prosecutor’s Office ( Ministerio Público Fiscal ): this body has broad jurisdic - tion to investigate and prosecute corruption- related offences, including those involving
public officials and corporate entities. Its authority extends across all provinces and territories of Argentina. • The federal courts for (certain corruption cas- es) : these courts handle cases with national significance and have the authority to apply federal legislation, including anti-corruption laws. • The provincial courts: for offences that do not involve federal jurisdiction. Each province has its own judicial system to address corruption and related crimes. • International jurisdiction: Argentine law also allows for the prosecution of certain offences that occur outside the national territory if they involve Argentine nationals or interests. This reflects Argentina’s commitment to interna - tional anti-corruption standards. • Regulatory agencies: additional bodies, such as the Anti-Corruption Office ( Oficina Anticor- rupción ), play a role in oversight and can col - laborate with the Public Prosecutor’s Office to investigate and address corruption. Overall, the jurisdictional scope of these bodies has both national and international dimensions, reflecting a comprehensive approach to com - bating corruption. 7.4 Discretion for Mitigation and Aggravation The legal person and the Public Prosecutor’s Office may enter into an effective collaboration agreement, by means of which the former is obliged to co-operate through the disclosure of precise, useful, and verifiable information or data for the clarification of the facts, the identification of the perpetrators or participants or the recov - ery of the proceeds or profits of the crime, as well as compliance. Judicial approval is required for these to be accomplished.
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