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Nicolás Servente

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Nicolás Servente is an Attorney-at-law in Baker McKenzie Buenos Aires office.

By means of Resolution PGN No. 92/23, acting Attorney General Eduardo Casal established performance criteria for representatives of the Prosecutor’s Office (PO) to set the performance standards of the PO in conciliatory proceedings between the accused and the victims of crimes in criminal cases.

The Resolution establishes that: (1) the intervention of the PO in the process corresponding to the conciliation agreement is necessary to ensure legality and to ensure the interests of society; (2) the prosecutor shall oppose any conciliation agreement that disregards normative and international regulatory mandates (treaties and supranational conventions); (3) prosecutors may argue criminal policy reasons (prior convictions, previous agreements, probation or multiplicity of crimes) to oppose and/or not consent to the agreement; (4) representatives of the PO must ensure the agile and informal participation of victims; and (5) conciliation agreements may be entered into before the indictment control hearing, closing of the investigation, and/or the elevation to trial.

On 31 August 2023, the Financial Information Unit (UIF, for its Spanish acronym) issued Resolution UIF No. 169/2023, by which new guidelines were established for the management of money laundering and terrorist financing risks and minimum compliance for obliged entities of the sector (companies that carry out capitalization and savings operations) in order to manage procedures of control for risks generated by possible money laundering and terrorist financing actions by third parties. The Resolution will become effective on 1 November 2023.

On 16 February 2023, Argentina signed the Second Additional Protocol to the Convention on Cybercrime, known as the Budapest Convention, becoming its 35th signatory state. The Second Protocol responds to the challenge of obtaining electronic evidence that may be stored in foreign jurisdictions when carrying out criminal investigations. It also aims to provide tools to enhance cooperation and disclosure of electronic evidence.

Pursuant to Resolution MPF-SI No. 8/22, dated 27 December 2022, the district attorney of the Prosecutor’s Office (MPF) of the province of Buenos Aires created the Specialized Prosecutor Unit for the Investigation of Cybercrime (UFECI), which will have jurisdiction throughout the judicial department of San Isidro (composed of the localities of Pilar, San Fernando, San Isidro, Tigre and Vicente López). The UFECI was created to address, in a more efficient and successful way, investigations related to highly complex criminal maneuvers.

The Anti-Corruption Office has enabled the registration and use of the Registry of Integrity and Transparency of Companies and Entities (RITE), after announcing its establishment in April 2021. The purpose of the RITE is to contribute to the development, improvement and maturity of the integrity programs as provided for in Law 27,401; the exchange of good practices; and promote transparent business and market environments.

On 25 April 2022, the Anti-Corruption Office approved the System for Monitoring Private and Public Activities Before and After the Exercise of Public Function, with the purpose of collating and verifying compliance with public ethics regulations of individuals who enter and leave high-ranking public positions in the National Executive Branch.

The Access to Public Information Agency has issued a communication establishing the criteria to be followed for the processing of personal data of individuals who have been vaccinated. Additionally, the agency highlighted the approach communicated by the United Nations Office on Drugs and Crime (UNODC), which states that governments must guarantee transparency when establishing the criteria used to determine priority recipients of the vaccine and also ensure that it is widely communicated to the population.