Régimen Penal Cambiario y ley penal más benigna
Published date | 30 November 2009 |
Author | Juan M. Diehl Moreno |
Date | 30 November 2009 |
Law Firm | Marval O'Farrell Mairal |
La Corte Suprema de Justicia de la Nación (la “Corte Suprema”) se pronunció el 28 de julio de 2009 en la causa “Docuprint S.A. s/inf. Ley 24.144”[1] (“Docuprint S.A.”), revocando la resolución de la Cámara Nacional en lo Penal Económico que había condenado a Docuprint S.A. por liquidar tardíamente en el mercado de cambios las divisas cobradas por una exportación. La Corte Suprema resolvió que las normas que integran el régimen penal cambiario establecido por la Ley Nº 19.359 (t.o. por Decreto Nº 480/1995 con sus modificaciones) dictadas por la Administración Pública que amplían los plazos para ingresar divisas del exterior modifican los tipos penales. En estos casos, la Corte Suprema dispuso que corresponde aplicar la nueva norma por resultar más benigna que la vigente al momento de la comisión del hecho imputado.
De esta manera, la Corte Suprema amplió el criterio que ya había establecido en el precedente “Cristalux S.A.”[2], en el cual la situación de benignidad ulterior analizada consistió específicamente en el dictado del...
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