jurisdiction

Argentina
Source of lawCriminal Code (Law No. 11.179) Law No. 27.401 on Corporate Criminal Liability 
Offence 

Passive bribery (Section 256 and 257, Criminal Code) 

Any public official or judicial officer who, either personally or through an intermediary, receives money or any other gift, or accepts a direct or indirect promise to do, delay, or refrain from doing something related to their functions. 

Influence peddling (Section 256 bis, Criminal Code) 

Anyone who, either personally or through an intermediary, solicits or receives money or any other gift, or accepts a direct or indirect promise to unduly exert their influence over a public official, in order to make, delay, or refrain from doing something related to their functions. 

Active bribery (Section 258, Criminal Code) 

Anyone who directly or indirectly offers or gives gifts in order to obtain any of the conducts punished by Sections 256, 256 bis and 257. 

Transnational bribery and influence peddling (Section 258 bis, Criminal Code) 

Anyone who directly or indirectly offers, promises or grants, unduly, to a public official from another State or from an international public organisation, whether for their benefit or that of a third party, sums of money or any other pecuniary benefit or compensation, in exchange for said official to perform or omit an act related to the exercise of their public functions, or to exert the influence derived from their position in a matter linked to an economic, financial, or commercial transaction. 

Section 1.a. establishes corporate criminal liability for the felonies typified in Sections 258 and 258 bis of the Criminal Code. 
The bribe  
Is there a presumption that the advantage was given/received corruptly? YesYes
Would facilitation payments be caught? YesYes
Would corporate hospitality be caught?

No

 

No
Is there any de minimis? 

No

 

No
Does the bribe have to be monetary? NoNo
Public officials  
Does the offence only apply to bribing public officials? YesYes 
Acts performed outside Argentina  
Can bribery performed outside Argentina be caught? YesYes
Does the act also need to be illegal in the foreign country of performance?  YesYes
Who can be liable?  
Argentine nationals? YesNo 
Argentine company? NoYes
Argentine partnership (including limited liability partnerships) incorporated? NoYes
Director of Argentine company? Yes  No
Argentine company if the bribe is committed abroad by its foreign subsidiary? NoYes
Foreign subsidiary of an Argentine company if the bribe is committed abroad? NoNo 
Foreign national/company/partnership if bribe is committed in Argentina? YesYes
Foreign national domiciled or “ordinarily resident” in Argentina if bribe is committed outside Argentina? No  No
Foreign company/partnership if bribe is committed abroad? NoNo
Penalties  
Penalties include: 

For the briber: 

  • Imprisonment for up to 6 years. 
  • Prohibition of holding public office for up to 10 years, or perpetual. 
  • Fine of 2 to 5 times the amount or value of the undue benefit offered or given. 

For the recipient: 

  • Imprisonment for up to 12 years. 
  • Perpetual prohibition of holding public office. 
  • Fine of 2 to 5 times the amount or value of the undue benefit offered or given. 

 

  • Fine of 2 to 5 times the undue benefit obtained or that could have been obtained. 
  • Total or partial suspension of activities for no more than 10 years. 
  • Suspension from participating in state tenders or bids for public works or services, or in any other activity related to the State, for no more than 10 years. 
  • Dissolution and liquidation of the legal entity when it was created for the sole purpose of committing the crime, or when said acts constitute the main activity of the entity. 
  • Loss or suspension of any state benefits it may have. 
  • Publication of the condemnatory judgement. 
Defences  
Are there any defences available?  No  Yes