Argentina Moves to Eliminate statute of Limitations for Corruption Crimes in Sweeping Penal Code Reform
argentina’s government is poised to submit a extensive overhaul of its penal code to Congress, a key component of which is the elimination of statutes of limitations for corruption offenses.The proposed legislation,unveiled in October and presented in the Ezeiza prison by president Javier Milei and Security Minister Patricia Bullrich,aims to strengthen the fight against corruption and modernize a legal framework dating back to 1921.
The move to declare corruption crimes imprescriptible – meaning they can be prosecuted at any time, regardless of how long ago they were committed – has been a long-debated issue in Argentina. The drafting process has involved a team led by Undersecretary of Legal Affairs Úneo Libarona, Vice Minister sebastián Amerio, and Minister Bullrich. While the Ministry of Justice indicated the proposal is still “under study,” the government intends to push for its approval in Congress during remarkable sessions in December.
The proposed code significantly increases penalties for various corruption offenses. Illicit enrichment could now carry a sentence of up to 15 years, compared to the current maximum of six years, while bribery could result in a 10-year sentence. The draft also addresses other criminal areas, raising minimum and maximum sentences for homicide – from eight to 25 years to 10 to 30 years – and introducing harsher penalties for crimes like child pornography (up to 12 years) and human trafficking (up to 15 years for aggravated cases).
The concept of making corruption crimes imprescriptible isn’t new.In 2016, Chamber II of the Federal Chamber of La Plata ruled that corruption crimes were indeed imprescriptible, with Deputy elisa Carrió appearing as amicus curiae in support of the decision. However, this ruling was later overturned by the Chamber of Cassation in 2018, a decision that was subsequently appealed to the Court. While the Court did not explicitly rule against the imprescriptibility of corruption, it questioned the reasoning used by the lower court, finding the votes from 1993 and 1995 were not sufficiently convergent to form a majority.
The government hopes to expedite the legislative process by utilizing a mechanism similar to that used for the Civil and Commercial Code in 2014 – a joint opinion from a bicameral commission of deputies and senators.This approach would streamline the debate and avoid delays caused by transferring the bill between chambers for modifications.
Interior Minister Diego Santilli has reportedly discussed the new Penal Code with provincial governors as part of broader negotiations surrounding the budget law and labor reform. While a general consensus on the need for penal code reform exists, a source from the Ministry of Justice anticipates opposition from Kirchnerism, especially regarding proposed changes to laws concerning legitimate defense, the role of the police, and the penalties for possessing weapons of war or civil use.
Beyond corruption, the proposed code introduces new criminal offenses, including “stealthing” – the surreptitious removal of a condom during sexual intercourse – and sexual harassment in professional settings. It also addresses emerging issues like revenge porn and modernizes laws related to theft, specifically targeting the “motochorros” or “black widows” who commit robberies on motorcycles. Additionally, pyramid schemes and land usurpation are now explicitly criminalized, carrying penalties of up to 10 years.
The reform also aims to reduce conditional sentences and early release for convicted individuals, increasing the proportion of crimes resulting in effective imprisonment to 82 percent. The government emphasizes four key aspects of the new code: increased penalties, the elimination of statutes of limitations, effective enforcement of sentences, and reduced opportunities for early release.
the current Penal Code,enacted in 1921,has undergone numerous amendments over the past 105 years,with 18 reform commissions and over a thousand laws attempting to address its shortcomings. This latest effort represents a notable attempt to modernize Argentina’s criminal justice system and strengthen its response to both traditional and emerging forms of crime.
