TP No.

3 ECONOMIC CRIMINAL LAW DELPHINE BECHER

PRACTICAL WORK N°3

Economic Criminal Law

MODULE 3

Delfina Becher

26/6/2023

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Instructions:

1) In which or in which of the criminal types described in the Code

Do customs officials frame the reported facts?

The reported facts fall under the criminal type of Attempted Smuggling.
regulated by Law 22415 (and its amendments), this law has been structured as
a true code, called Customs Code. Smuggling consists of
in any act or omission aimed at preventing or hindering, through trickery or
deceit, the proper exercise of the functions agreed upon for customs service
for the control of imports and exports. I consider it tentative already
what the Mr. Saints tried extract outside of territory
National goods not consigned, but they remained in Customs.
According to ARTICLE 872, the attempt at smuggling will be punished with the
same penalties that correspond to the completed crime.

The reported facts would constitute an aggravated smuggling offense.

Due to the number of participants (art. 865, inc. a): it is an objective aggravating factor.

and is based on the greater danger of the act due to the greater ease of
commission (more people, more chances of evading control). Not required
prior agreement, but agreement of wills at the time of the act.

By the type of goods: Goods subject to absolute prohibition: it is

a normative element of the type that is subject to extrapenal assessment, the
the figure is contemplated by article 609 of the CA.

By the committing means (art. 865, inc. d, e, f): the use of a means of
unauthorized transport or unauthorized routes and the use of documents
false. The foundation is the greater effectiveness that these means provide.
to evade customs control. Paragraph f may coincide with falsehood
materially documentary.

Additionally, damage is caused to the cultural heritage as the fossils in question

they have historical and archaeological value, their illegal trafficking constitutes a crime of damage

to cultural heritage, the National Law for the Protection of Cultural Heritage
establishes measures to preserve and protect cultural heritage, and trafficking
The illegal trade of fossils is prohibited and sanctioned by this Law.

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2) Develop the objective, subjective, and normative elements of the

of the identified criminal types.

SMUGGLING:

TYPE OF OBJECTIVE

Active subject: Mr. Luis Santos.

● Passive subject: only the National Customs Directorate (violates an interest

specific to its functional sphere.

Act: purchase and sale of semi-precious stones and illegal trafficking of fossils

Ardid: any device or scheme used skillfully and cleverly for

the achievement of some attempt.

● Deception: behavior contrary to the truth. In this case, the victim (customs) is
difference of the error recipient (customs agent).

● Error: the error caused by the author prevents the exercise of control of the
customs.
● Nexo causal: deceit, error, and obstruction of control must be
causally linked. That causality is not material, but of idea or
motivation.

NORMATIVE ELEMENTS OF THE CRIMINAL TYPE:

● Importation: introduction of semi-precious stones and illegal trafficking of

fossils.

Export: extraction of semi-precious stones and illegal trafficking of fossils

Merchandise: semi-precious stones and the illegal trafficking of fossils.

Customs territory: aquatic area under the sovereignty of the nation

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Argentina, as well as the enclaves established in its favor, in which it is applied.

the same tariff and prohibition system of an economic nature to the
exports and imports.

● General and special customs territory: according to the tariff and customs regime
prohibition on imports and exports will be penalized for all
territory or just part of it.

● Enclave: areas subject to the sovereignty of another state in which, in

by virtue of an international agreement, the application of the legislation is allowed
national customs.

● Completion: since it is a result crime, it is completed with the

impediment or difficulty in the import or export control function
of merchandise.

SUBJECTIVE TYPE

The standard refers to direct intent when it mentions the term deceit.
The agent must intend to prevent or hinder the function of the customs.
through a deceitful or deceptive conduct. Fraud encompasses not only the deception
and the causation of the error, but also the full knowledge that what
try to import or export goods.

3) Determine the degree of participation of the mentioned subjects in the

facts, relating the special rules applied with the rules
general provisions of the Penal Code.

Mr. Luis Santos: AUTHOR of the crime. He is the person who directly commits it.
illegal action of importing or exporting goods without complying with formalities
customs authorities. It is the one who directly carries out the act of
smuggling, whether by introducing goods into the country illegally or
taking them out of the country without complying with customs requirements.

Law 25,986 refers to the penalties established for the crime of

smuggling, in its articles 23, 24, and 25, in such case it would apply
the mentioned in Article 25:

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ARTICLE 23. — Article 863 of Law 22.415 and its

amendments (Customs Code), for the following:

Article 863.- Shall be punished with imprisonment from TWO (2) to EIGHT (8)

years the one who, by any act or omission, prevented or hindered,

by means of trickery or deceit, the proper exercise of functions
that the laws agree to the customs service for the control over
imports and exports.

ARTICLE 24. — The article 864 of Law 22.415 is replaced and its
amendments (Customs Code), for the following:

Article 864.- Shall be punished with imprisonment from TWO (2) to EIGHT (8)

years the one:

a) Import or export goods in hours or by places not

enabled for this purpose, I will deviate from the indicated routes for the
importation or exportation or in any way I will remove it from
control that corresponds to be exercised by the customs service over such

acts;

b) Carrying out any action or omission that would prevent or hinder the
control of customs service with the purpose of subjecting to the
goods to a customs or tax treatment different from that which
corresponding, for the purposes of its importation or exportation;

c) Present to the customs service a special authorization,

a customs license or a certification issued in contravention
the legal provisions y specific regulations that govern their

granting, aimed at obtaining, regarding the merchandise that

whether to import or to export, an additional customs or tax treatment
favorable to whom it may concern;

d) To conceal, disguise, substitute or divert, totally or partially,

merchandise subject to or that should be subject to customs control,
on the occasion of its import or export;

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e) Simulate before customs service, totally or partially, a

operation or a customs destination for import or
exportation, with the aim of obtaining an economic benefit.

ARTICLE 25: The article 865 of Law 22.415 is replaced and its
amendments (Customs Code), for the following:

Article 865.- Penalties of FOUR (4) to TEN (10) years of imprisonment will be imposed.

in any of the cases provided for in articles 863 and 864

when:

a) Three (3) or more people intervene in the event as

author, instigator, or accomplice;

b) Intervene in the act as author, instigator or accomplice

a public official or employee in exercise or on the occasion of their
functions or abuse of their position;

c) Intervene in the act as author, instigator, or accomplice

an official or employee of the customs service or a member of
the security forces to which this Code grants the
authority function for the prevention of customs crimes;

d) If committed through physical or moral violence against individuals,

force against things or the commission of another crime or its attempt;

e) It is carried out using an air transportation method, which

departing from authorized routes or landing in places
clandestine or not authorized by the customs service for trafficking
of merchandise;

f) If committed through submission to the customs service

of adulterated or false documents, necessary to complete
the customs operation;

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g) It will involve goods whose import or export

she was subject to an absolute prohibition;

h) It will deal with substances or elements not included in the

article 866 that by its nature, quantity or characteristics,
they can affect public health;

i) The value of the merchandise in the market or the sum of the set
when I become part of a larger amount, it will be equivalent to one
sum equal to or greater than THREE MILLION PESOS ($ 3,000,000).

Mr. Fabián Sánchez: CO-AUTHOR ACCOMPLICE, is considered an accomplice in the

smuggling case, therefore, faces the same penalties that apply to

principal smuggler, Mr. Luis Santos. Article 45 of the Penal Code
Those who participated in the execution of the act or assisted the author or
authors of assistance or cooperation without which it would not have been able to be committed,

they will face the penalty established for the crime. Those who ...
they would have directly determined another to commit them.

Tomás Gramajo: CUSTOMS BROKER, referring to the ARTICLE

36 of the CA that: 1. Customs brokers are persons of existence
obvious that, under the conditions stipulated in this code, they act on behalf of
Others before the customs service proceedings and procedures related to importation,
the export and other customs operations.

Customs brokers are auxiliary agents of commerce

and of the customs service.

It is considered that the customs broker who participated in the activities

smuggling is considered an accomplice of the crime and punished with the
the same penalties that correspond to the main author of it.

Furthermore, ARTICLE 44 states: 1. They will be suspended without further ado.

procedure for the Registration of Customs Brokers:

a) those who lost the ability to act on their own

trade, while this situation persists;

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b) who were prosecuted in court for any crime

customs, until the case is finalized regarding him;

And ARTICLE 47: –1. According to the nature of the offense committed, the

damage caused or that could have been caused and the

the background of the interested party, the customs service may apply to
the customs brokers the following sanctions:

warning

b) suspension of up to TWO (2) years;

c) elimination of the Customs Brokers Registry.

2. The warning will be imposed by the administrator of the

customs authority in whose jurisdiction the offense was committed or by whom
exercise their functions. The sanctions of suspension and of
removals will be imposed by the National Administrator of
Customs.

Rubén Ocampo: Article 91 of the CA, in its paragraph 2 refers to: They are

exporters the people who export goods in their name, since the
they will take with them what a third party will take that they have issued. In the
assumptions provided for in section 2 of article 10 will be considered
exporters the people who are providers and/or assignors of the services
rights involved there. (Paragraph replaced by art. 79 of theLaw No.
27.467B.O. 4/12/2018

The exporter involved in smuggling activities is considered

as a necessary participant in the crime, therefore, the penalty will be equivalent to Mr.
Luis Santos

References:

Criminal Code of the Argentine Nation [CP]. Law 11179 of 1984. 29 of

October 1921 (Argentina).

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Customs Code [CA]. Law 22415 of 1981. March 2, 1981

(Argentina).
Buompadre, J. E. (2009). Criminal Law. Special Part. Volume II.
Mave.
Law 25986. Amendment of Law 22.415. December 2004.