Business crime and investigations in Argentina.
PRACTICAL LAW
A Q&A guide to business crime in Argentina. The Q&A gives a high level overview of matters relating to corporate manslaughter, environmental and health and safety offences. This Q&A is part of the global guide to financial and business crime law.
Corporate manslaughter
Regulatory provisions and authorities
1. What is the main legislation relevant to corporate manslaughter?
Criminal provisions
There is no specific legislation in Argentina relevant to corporate manslaughter under the criminal law. Penalties for legal entities are only intended for some specific offences (such us corruption crimes, money laundering, terrorist financing offences, insider trading, fraud, bribery and so on) (see Question 35 of Financial crime in Argentina: overview).
In relation to crimes committed against life, it is necessary to find the guilt of one or more individuals.
Civil liability
From a civil law perspective, the Civil and Commercial Code regulates both the liability of legal entities as well as the individual liability of any natural persons of such bodies responsible for causing damage. Section 1716 of the Civil and Commercial Code states that the violation of the duty of not harming another will give rise to the requirement to facilitate repair for any damage caused. Therefore, the liability of legal entities for the death of a person by gross negligence may arise due to the damage generated from its unlawful conduct, such as:
*Non-compliance incurred by the legal entity.
*Responsibility of the principal for the act of the dependent.
*Where the event was caused due to a risky thing/activity owned by or under the custody of the legal entity.
*Where the acts were caused by the directors or administrators of the legal entity.
(Section 1763, Civil and Commercial Code.)
In all cases, for liability to be shown and damages attributed, certain generic requirements must be proved (unlawfulness, the damage itself, the relationship between the damage and the unlawfulness and the attribution factor). Furthermore, and given that legal entities lack all subjectivity (it is unnecessary to assess its will or fault), the attribution factor of objective liability is applied.
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