Article 23

homepage-img2

flag Argentina

Confiscation of assets Economic sanctions Proceeds of crime

Article 23 provides for the seizure of any goods, including real estate, used in the commission of crimes of slavery or human trafficking under arts. 140, 145 bis and 145 ter. It further provides that any goods seized as a result of any of these crimes shall be assigned to victims’ assistance programs.

This article provides that if the offenders acted as agents of another person, or as members, or administrators of a legal person, and that third person or legal person has benefited from the product or the proceeds of the crime, the seizure will be directed towards these persons.  Article 23 also enables judges to adopt preventative measures such as the freezing of assets, in order to ensure the payment of potential fines, or the seizure of the proceeds of the crime.

Notes

This Article specifically provides that the seizure of assets will be enforced against the contractor or the company that profited from the commission of the crime of human trafficking or slavery, if the person who committed the crime acted as agents of the contractor or company.

This means that companies whose agents or employees commit crimes of labour exploitation could have their assets seized. While this provision does not impose criminal accountability on corporate bodies, it could be used to ensure that corporations do not profit from these crimes.

Link to full text

Law / Argentina / Criminal Code

The Argentine Criminal Code contains specific provisions criminalising servitude, slavery, forced labour and human trafficking. However, the Argentine Criminal Code is not applicable to corporations, and therefore this Code does not provide for criminal liability of corporations for their involvement in human trafficking, forced labour and slavery. However,  while legal persons may not be prosecuted under the Criminal Code, the individual staff, agents or representatives of the corporate body responsible for the commission of a criminal offence may be held liable under the Code. Furthermore, under art. 32 of the Criminal Code, legal persons may be liable for the payment of damages caused as a result of a crime.