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Argentina Unveils Sweeping Penal Code Overhaul

The government plans to submit a 920-article proposal to Congress, with scrutiny over rights, capacity and implementation looming.

Overview

  • Officials presented the draft at the Ezeiza prison in a high-profile event featuring President Javier Milei and Patricia Bullrich, with the Justice Ministry framing it as a comprehensive replacement for the 1921 code.
  • The plan raises penalties across major crimes — including increasing simple homicide to 10–30 years and prescribing life for specified aggravated cases — and makes roughly 82% of offenses non‑bailable with tighter limits on parole and conditional sentences.
  • New categories target digital-era conduct such as AI-enabled offenses, revenge porn, stealthing and grooming, and also address 'motochorro' robberies and pyramid schemes, while expanding protections for the family and animals.
  • Anti‑corruption measures escalate sanctions, lifting bribery maximums to 10 years and up to 15 when committed by a minister or the president, and declare certain grave crimes such as aggravated homicide, sexual offenses, narcotrafficking, trafficking and terrorism imprescriptible.
  • The package includes tools against organized crime like broader cooperating‑defendant rules and early asset seizure, as jurists and rights advocates warn about overcriminalization, vague definitions and prison overcrowding risks, leaving its fate uncertain in Congress.