Paragraph 39
Slavery was abolished throughout the entire territory of the Argentine Republic even before the promulgation of the National Constitution (1 May 1853). Article 15 of the Constitution states:
“In the Argentine nations there are no slaves; the few that exist today are free with effect from the promulgation of this Constitution; and special law shall regulate whenever indemnifications this declaration may give rise to. Any contract for the purchase or sale of persons is a crim for which those committing it, and the notary or officer authorizing it, shall be responsible. And slaves, whatever the manner in which they shall be introduced, shall be free by the mere fact of setting foot on the territory of the Republic.”
Paragraph 40
Furthermore, under the Criminal Code any violation of individual freedom is an offence This, article 140 provides that:
“Anyone who reduces a person to servitude or any similar condition, and anyone who receives a person in a state of servitude with a view to keeping him in that condition, shall be liable to a penalty of three to fifteen years’ rigorous imprisonment or imprisonment.
Article 14bis
Labor in its diverse forms shall enjoy the protection of the law, which shall ensure to workers: dignified and equitable working conditions; a limited working day; paid days of rest and vacation; fair remuneration; adjustable minimum living wages; equal pay for equal work; a share in the earnings of enterprises, with control over production and collaboration in management; protection against arbitrary discharge; permanence of public employment; free and democratic organization of labor unions, recognized simply by inscription in a special register.
Trade unions are hereby guaranteed: [the right] to conclude collective bargaining agreements; [the right] to resort to conciliation and arbitration; the right to strike. Union representatives shall enjoy the guarantees necessary for the performance of their union tasks and those relating to the permanence of their employment.
The State shall grant the benefits of social security, which shall be comprehensive and unwaivable. In particular, the law shall establish: compulsory social security, which shall be under the charge of national or provincial entities having financial and economic autonomy, administered by the interested parties with State participation, but without the existence of overlapping contributions; adjustable retirement pay and pensions; full protection of the family; protection of the welfare of the family; economic compensation to families and access to decent housing.
Article 15
In the Argentine Nation there are no slaves; the few that exist today are free from the promulgation of this Constitution; and a special law shall regulate the indemnification arising from this declaration. Any contract of purchase and sale of persons is a crime for which those performing it, and the notary or official approving it, shall be responsible. And slaves, by whatever manner they may be introduced, shall be free by the mere act of setting foot in the territory of the Republic.
Constitution of the Argentine Nation 1853 (PDF)
Article 127
It will be repressed with imprisonment of four (4) to six (6) years, which will exploit financially the exercise of prostitution of a person, even if the consent of the victim.
The penalty shall be five (5) to ten (10) years in prison, if any of the following circumstances occur:
1. Mediare deceit, fraud, violence, threat or any other means of intimidation or coercion, abuse of authority or of a situation of vulnerability, or granting or receiving payments or benefits to obtain the consent of a person having authority over the victim .
2. The author is an ascendant, descendant, spouse, relative in a straight line, collateral or cohabiting, guardian, curator, authority or minister of any cult recognized or not, or in charge of education or guardianship of the victim.
3. The author was a public official or member of a security force, police or penitentiary. When the victim is under eighteen (18) years the penalty shall be ten (10) to fifteen (15) years in prison.
Article 140
Those who reduce a person to slavery or servitude, under any modality, and whoever receives it in such condition to maintain it in it, shall be punished with imprisonment or imprisonment of four (4) to fifteen (15) years. In the same penalty shall be incurred by a person to perform forced labor or services or to contract servile marriage.
Article 141
Be repressed with imprisonment or imprisonment from six months to three years; The one that illegally deprives another of his personal freedom.
Article 142
Prison or imprisonment of two to six years, which deprives another of his personal freedom, will be applied when any of the following circumstances:
1. If the act is committed with violence or threats or for religious purposes or revenge;
2. If the act is committed in the person of an ascendant, a brother, the spouse or another individual to whom particular respect is due;
3. If it results in serious harm to the person, health or business of the victim, provided that the fact does not matter another crime for which the law imposes greater penalty;
4. If the act is committed by simulating public authority or
Public authority;
5. If the deprivation of liberty lasts more than one month.
Article 142 bis
Prison or imprisonment of five (5) to fifteen
(15) years, to which he subtracts, retains or conceals a person for the purpose of forcing the victim or a third party to do, not do, or tolerate something against your will. If the author achieves its purpose, the minimum penaltyshall be increased to eight (8) years.
The penalty shall be from ten (10) to twenty-five (25) years of imprisonment or imprisonment:
1. If the victim was a pregnant woman; A minor of eighteen (18)
year old; Or over seventy (70) years of age.
2. If the fact is committed in the person of an ascendant; of a
brother; Of the spouse or partner; Or of another individual to whom it is due respect.
3. If serious or very serious injury is caused to the victim.
4. Where the victim is a person who is disabled, ill or unable to
Fend for herself.
5. When the agent is an official or public employee or belongs or has belonged to the moment of commission of the fact to an armed force, security or intelligence agency of the State.
6. When three (3) or more persons participate in the event.
The penalty shall be from fifteen (15) to twenty-five (25) years of imprisonment if the offended person's death results, as a consequence not wanted by the author.
The penalty shall be imprisonment or life imprisonment if it is caused intentionally the offended person's death.
The penalty of the participant who, dissociating himself from the others, will strive to so that the victim can recover his freedom, without such a result being the consequence of the achievement of the author's purpose, will be reduced by a third to the half.
Article 145
It will be repressed with imprisonment of two to six years, which will lead to a person outside the borders of the Republic, with the purpose of illegally submitting it to the power of another or enlisting it in a foreign army.
Article 145 bis
The person who offers, captures, transfers, receives or accepts persons for the purpose of exploitation, whether within the national territory, or to or from other countries, shall be punished by imprisonment of four (4) to eight (8) Although the consent of the victim will be measured.
Article 145 ter
In the cases of article 145 bis, the penalty shall be five (5) to ten (10) years imprisonment, when:
- Mediare deceit, fraud, violence, threat or any other means of intimidation or coercion, abuse of authority or of a situation of vulnerability, or granting or receiving payments or benefits to obtain the consent of a person having authority over the victim .
- The victim is pregnant, or is older than seventy (70) years.
- The victim is a person who is disabled, ill or unable to fend for himself.
- The victims are three (3) or more.
- Three (3) or more persons shall participate in the commission of the crime.
- The author is an ascendant, descendant, spouse, relative in a straight line, collateral or cohabiting, guardian, curator, authority or minister of any cult recognized or not, or in charge of education or guardianship of the victim.
- The author was a public official or member of a security force, police or penitentiary.
When the exploitation of the victim of trafficking in persons is consummated, the penalty shall be eight (8) to twelve (12) years in prison.
When the victim is under eighteen (18) years the penalty shall be ten (10) to fifteen (15) years in prison.
Penal Code (Spanish PDF)
Penal Code (English PDF)
