The Government launches the Anti-Mafia Law: what are the main changes

With its publication in the Official Gazette, the so-called Anti-Mafia Law came into effect in Argentina. The new regulation increases penalties for members of criminal organizations, expands the investigative tools of the Justice system and security forces, and allows preventive detention for investigation of a crime.

Inspired by the RICO Act in the United States and Italy's anti-mafia legislation, Law 27786 aims to strengthen the fight against organized crime through harsher sanctions and new mechanisms for criminal prosecution.

A new criminal offense for criminal organizations

The Anti-Mafia Law defines a new crime, different from illicit association, with significantly higher penalties. According to the Chief of Staff of the Ministry of Security, Carlos Manfroni, the regulation establishes "truly dissuasive penalties, which can exceed 50 years in prison."

The central article of the law states that anyone who is part of, cooperates with, or helps maintain a criminal organization linked to crimes such as:

• Drug trafficking
• Concealment and money laundering
• Financing of terrorism
• Organ trafficking
• Bribery and corruption
• Kidnapping for ransom
• Child pornography
• Human trafficking
• Illegal possession of weapons

One of the most drastic changes is that each member of an organization can be charged with the most serious crime committed by any member of the group, without the need to have directly participated in the act. Additionally, the regulation doubles and accumulates both the minimum and maximum applicable penalties.

For example, if an organization commits a kidnapping followed by death, all its members will be charged with the same crime, even if their role was only logistical.

Preventive detentions for investigation of a crime

Another key point of the law is the possibility of carrying out preventive detentions with the prosecutor's authorization. In the context of a preliminary investigation, a person can be arrested for a period of between 48 hours and 30 days, while their possible connection to organized crimes is verified.

According to Manfroni, this will allow for more effective action against mafias and could lead to an increase in arrests. "If detentions multiply, it is because the current penal regime prevented them from being carried out," the official explained to Infobae.

New powers for the Justice system and security forces

The Anti-Mafia Law grants greater powers to judges and prosecutors to seize assets and carry out procedures without the need for a firm conviction. Among the main investigative tools incorporated are:

• Immediate confiscation of assets suspected of having illicit origin. If the owner is acquitted, they will be returned in their original state.
• Prison searches to prevent the coordination of crimes from within the penitentiaries.
• Freezing of financial assets linked to criminal organizations.
• Interception of communications on platforms like WhatsApp and Telegram.

Additionally, the law allows for the creation of areas subject to special investigation, determined by a competent judge. These areas can cover one or more cities and, if the crimes investigated are of provincial jurisdiction, they will require the authorization of local judges. Once such an area is established, the investigations will automatically pass to federal justice.

Impact and challenges in the fight against organized crime

With the entry into force of the Anti-Mafia Law, the government seeks to strengthen the fight against organized crime with more forceful tools. However, the increase in penalties and the expansion of judicial powers could generate debate about possible excesses in its application.

The possibility of prolonged preventive detentions and the interception of private communications will be key points in the implementation of the regulation. As its provisions begin to be applied, its real impact on the fight against criminal organizations in Argentina will be evaluated.