Max Planck Society Argentine SECYT



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Max Planck Society Argentine SECYT Workshop on Complex Crimes Buenos Aires, November 21-22, 2005

Prefaces I would like to welcome you to our country and to thank you for your presence in this Workshop organized by our SECYT and the Max Planck Society of Germany. As the Minister of Education, Science and Technology, I have a special interest in the development of this kind of meetings that support the direct contact between researchers, exchanging experiences and knowledge in the areas of major interest. The possibility of sharing this experience with the German scientific community honors us, given the academic and scientific excellence developed in that country. Our main goal is to promote the transition towards an economy based on knowledge. Education, science, and new technologies must play a central role in the transformation of the productive model and the social model: we are working from that perspective. We have proposed, through the Joint Declaration signed together with the President of the Max Planck Society, Prof. Peter Gruss, on April of this year when I visited Munich, to identify opportunities and to intensify cooperation activities; this is the appropriate place for that. We hope to achieve with this Symposium concrete results that allow us to join efforts aimed to impulse the scientific and technological development of both countries. I wish you a good staying in our country, and that this meeting be a fruitful experience for all of us. Lic. Daniel Filmus Minister of Education, Science and Technology

It is an honor for me to welcome the distinguished audience to this Workshop, organized by the Secretary for Science, Technology and Productive Innovation (SECYT) of the Ministry of Education of Argentine Republic and the Max Planck Society for the Advancement of Science from the Federal Republic of Germany. This is the result of a big effort from both Institutions with the aim of exchanging scientific knowledge, generating the appropriate atmosphere for analysis and discussion. This will allow us to search for new avenues and solutions in the field of science and technology, by means of concrete proposals of research projects and cooperation activities coming out during the Workshop. In Argentina we are in a developing process to consolidate our research and technological capabilities and international cooperation is a fundamental tool for achieving this. Germany has been a country that has joined us in this process since 1969, date on which the first Intergovernmental Agreement in Science and Technology has been signed. Today the cooperation with the Max Planck Society strengthens this relationship between our two countries. The memorandum signed in July 2004 appointed us to work together in the future, and this meeting shows that we already started to do this. The emphasis in Biosciences and Nanotechnology is not incidental, both countries have demonstrated a great interest in developing these areas. Today we will also add the area of Complex Criminality with the participation of the Secretary of Criminal Politics and the Max Planck Institute for Foreign and International Criminal Law. I would like to thank the presence of all of you, wishing that you would enjoy your participation in this event and your staying in the city of Buenos Aires. Ing. Tulio del Bono Secretary for Science, Technology and Productive Innovation

Foto: Antje Meinen The Max Planck Society has a long tradition of cooperation with Argentina, which is based on solid and stable foundations. More than anything, it has been the scientists themselves who have laid these foundations. In their quest to expand the frontiers of scientific discovery, they have also been searching - across national borders and the borders of continents - for a fruitful cooperation with those colleagues whose research activities complement and round off their own. Argentina has strong and proficient universities and research institutes as well as a pool of highly qualified junior scientists. In 2004, a total of 63 guest scientists and fellowship holders from Argentina were involved in research in various Max Planck Institutes. Currently, Argentine scientists and scientists of the Max Planck Society are cooperating in about 25 joint research pro-jects. What is more, for the first time an Argentine scientist, Eduardo Arzt, was appointed as an External Scientific Member of the Max Planck Society. In the light of such a dynamic development, the Max Planck Society decided to focus more strongly on its collaboration with Argentina as part of its strategic internationalisation efforts. On the occasion of a journey of Max Planck delegates to Argentina in July 2004, headed by its Vice President, Herbert Jäckle, and its Secretary General, Barbara Bludau, concrete measures were initiated to open up new perspectives for existing collaborations and, at the same time, to launch new cooperation efforts. Since then, five partner groups of the Max Planck Institutes have been founded in Argentina. One of the main objectives, however, was to intensify the mutually supportive relationship between the Max Planck Society and junior scientists from Argentina. To this end, the Max Planck Society and the Argentine Ministry of Education, Science and Technology agreed, on the occasion of a joint meeting in Munich in the autumn of 2004 and on the occasion of the visit of the President of the Argentine Republic, Néstor Kirchner, to Munich in April 2005, to conduct bilateral scientific workshops. This initiative met with great interest and enthusiasm on the part of the scientists involved, who immediately set about implementing its proposals. I would therefore like to extend my warmest thanks to the organising parties for their excellent preparation work and also to the speakers for participating in this workshop. I also hope that these events will lay the groundwork for an intensive bilateral dialogue and lead to new ways of German-Argentine cooperation in key innovative areas of science. Professor Peter Gruss President of the Max Planck Society

Organized by: Max Planck Institute for Foreign and International Criminal Law Secretary for Criminal Policy Ministry of Justice and Human Rights With the support of Max Planck Society for the Advancement of Science Secretary of Science, Technology and Productive Innovation COORDINATION AND ORGANIZATION Secretary for Criminal Policy: Juan Félix Marteau (coord.), Chef de Cabinet, Ministry of Justice and Human Rights jmarteau@jus.gov.ar; organization: Elida Torres Carbonell etorres@jus.gov.ar, Ximena García Botana mgarciabotana@jus.gov.ar, Silvia Marino: smarino@jus.gov.ar, Daniela Doval: ddoval@jus.gov.ar. Max Planck Institute for Foreign and Internacional Criminal Law: Jan Michael Simon (coord.), Head of Section Latin America, j.simon@mpicc.de

Monday, November 21 CLARDIGE HOTEL, ROOM "TUDOR" 8.45-9.30 h Opening Statement Alejandro Slokar Secretary for Criminal Policy of the Ministry of Justice and Human Rights 9.30-10.00 h Coffee Break 10.00-10.45 10.45-11.15 Introduction Ulrich Sieber Questions (Moderator: Carlos Cruz) 11.15-11.45 11.45-12.15 12.15-12.45 Corruption Hans-Jörg Albrecht Patricia Llerena Questions (Moderator: Carlos Cruz) 13.00-15.00 Lunch

15.00-15.30 15.30-16.00 16.00-16.15 Drug Trafficking Jan-Michael Simon Marco Antonio Terragni Questions (Moderator: Raúl Plee) 16.16-16.45 16.45-17.15 17.15-17.30 Trafficking in Human Beings Barbara Huber Edgardo Donna Questions (Moderator: Raúl Plee) 17.30-17.45 Coffee Break 17.45-18.15 18.15-18.45 18.45-19.00 Cybercrime Phillip Brunst Nora Cherñavsky Questions (Moderator: Raúl Plee) 19.00-19.30 19.30-19.45 International Treaties and Requirements for Harmonization Eugenio Paúl Zaffaroni Questions (Moderator: Juan Félix Marteau)

Tuesday, November 22 CLARDIGE HOTEL, ROOM "TUDOR"; GERMAN EMBASSY 9.30-10.00 Coffee 10.00-10.30 10.30-11.00 11.00-11.30 Criminal Organizations Jörg Kinzig Guillermo Yacobucci Questions (Moderator: Ignacio Tedesco) 11.30-12.00 12.00-12.30 12.30-13.00 Terrorism Anne Wildfang Daniel Pastor Questions (Moderator: Ignacio Tedesco) 13.00-15.00 Lunch 15.00-15.30 15.30-16.00 16.00-16.15 Money Laundering and the Financing of Terrorism Michael Kilchling Juan Félix Marteau Questions (Moderator: Fernando Córdoba) 16.15-16.45 Coffee

16.45-17.15 17.15-17.30 Similarities and Differences Hans-Jörg Albrecht Questions (Moderator: Jaime Malamud Goti) 17.30-18.30 Cooperation between Germany and Argentina in the field of complex crime Round Table Coordinator: Enrique García Vitor 20.00 Reception at the German Embassy

Criminal Law & Criminology, Argentine Nora Cherñavsky Lawyer Adjunct Professor, Universidad de Buenos Aires Adviser to the Secretary for Criminal Policy of the Ministry of Justice and Human Rights Member of the Biministerial Commission for Drafting the Legislation on Cybercrime nchernavsky@jus.gov.ar Fernando Córdoba Lawyer Adjunct Professor, Universidad de Buenos Aires Advisor of the Attorney-General of Argentina, Alumnus Max Planck Institute for Foreign and International Criminal Law, German Academic Exchange Program Fcordoba@mpf.gov.ar Carlos Cruz Lawyer Adjunct Professor, Universidad de Buenos Aires Advisor to the Commissions of Criminal Law and Administration of Justice of the Parliament of Argentina (Chamber of Deputies) Alumnus Max Planck Institute for Foreign and International Criminal Law estudiocyc@arnet.com.ar Edgardo Donna Lawyer, PhD in Law Full Professor, Universidad de Buenos Aires Alumnus Alexander von Humboldt Foundation and German Academic Exchange Program donna@arnet.com.ar Enrique García Vitor Lawyer, PhD in Law Professor, Universidad Nacional del Litoral Judge, Cámara Federal de Apelaciones de Paraná President of the Argentinean Association of Professors in Criminal Law Alumnus Max Planck Institute for Foreign and International Criminal Law Jaime Malamud Goti PhD in Law Full Professor (em.), Universidad de Buenos Aires Director of the Research Institute "Carlos Niño", Universidad de Palermo Fellow MacArthur Foundation and Guggenheim Foundation jemalamud@fibertel.com.ar Patricia Llerena Lawyer Lecturer, Universidad de Buenos Aires Judge, Cámara Tribunal Oral Criminal Fellow of the Università de Sinea, Italia pmll@hotmail.com

Juan Félix Marteau Lawyer, PhD in Sociology Adjunct Professor, Universidad de Buenos Aires Personal Adviser of the Secretary for Criminal Policy of the Ministry of Justice and Human Rights Alumnus Max Planck Institute for Foreign and International Criminal Law jmarteau@jus.gov.ar Daniel Pastor Lawyer, PhD in Law Adjunct Professor, Universidad de Buenos Aires Alumnus Alexander von Humboldt Foundation, German Academic Exchange Program and Max Planck Institute for Foreign and International Criminal Law danielpastor@yahoo.com Raúl Plee Lawyer Chief Public Prosecutor at the Cámera Nacional de Casación Penal Alejandro Slokar Lawyer, LL.M. (Barcelona) Secretary for Criminal Policy and penitentieary matters of the Ministry of Justice and Human Rights Professor, Universidad de Buenos Aires Honorary Professor, Universidad de San Augustín (Perú) aslokar@jus.gov.at Ignacio Tedesco Lawyer, LLM (Universidad de Barcelona) Adjunct Professor, Universidad de Buenos Aires itedesco@mpd.gov.ar Marco Antonio Terragni Lawyer, PhDs in Law Professor, Universidad del Litoral, Universidad Católica de Santiago del Estero Honorary Professor, Universidad de Cajamarca en Perú Alumnus Max Planck Institute for Foreign and International Criminal Law terragni@satlink.com Guillermo Yacobucci Lawyer, PhD in Law Full Professor, Universidad Austral Judge, Cámara del Tribunal Oral en lo Criminal nº6 de la Capital Federal yac@fibertel.com.ar Eugenio Raúl Zaffaroni Lawyer and Notary, PhD in Law, Doctor honoris causa mult. Full Professor, Universidad de Buenos Aires Judge, High Court of Justice of Argentina Alumnus Max Planck Institute for Foreign and International Criminal Law raulzaffaroni@csjn.gov.ar

Criminal Law & Criminology, Germany Hans-Jörg Albrecht Lawyer, PhD in Law, Doctor honoris causa (University of Pécs) Scientific Member of the Max Planck Society and Director at the Max Planck Institute for Foreign and International Criminal Law (Department of Criminology) Honorary Professor, University of Freiburg Visiting professor, China University of Political Science and Law, Hainan University/ PR China, Renmin University of China, Wuhan University/PR China, University of Teheran, Qom High Education Centre, Qom/Iran. h.j.albrecht@mpicc.de Phillip W. Brunst Lawyer Head of Section Information Techology Law and Legal Informatics, Department of Criminal Law of the Max Planck Institute for Foreign and International Criminal Law p.brunst@mpicc.de Barbara Huber Lawyer, PhD in Law Honorary Senior Research Fellow at the Max Planck-Institute for Foreign and International Criminal Law b.huber@mpicc.de Michael Kilchling Lawyer, PhD in Law Senior Researcher, Department of Criminology of the Max Planck Institute for Foreign and International Criminal Law m.kilchling@mpicc.de Jörg Kinzig Lawyer, PhD in Law Senior Researcher, Department of Criminology of the Max Planck-Institute for Foreign and International Criminal Law j.kinzig@mpicc.de Ulrich Sieber Lawyer, PhD in Law Scientific Member of the Max Planck Society and Director at the Max Planck Institute for Foreign and International Criminal Law (Department of Criminal Law) Honorary Professor, Universities of Freiburg and Munich Visiting professor at the Renmin University of Beijing/PR China, University of Wuhan/ China u.sieber@mpicc.de

Jan-Michael Simon Lawyer Head of Section Latin America, Department of Criminal Law of the Max Planck Institute for Foreign and International Criminal Law j.simon@mpicc.de Anne Wildfang Lawyer PhD Researcher, Department of Criminology of the Max Planck Institute for Foreign and International Criminal Law a.wildfang@mpicc.de

Objectives The workshop's object is to analyze the main topics in the field of so called complex crime from a comparative perspective: Corruption Money Lundering Trafficking in Human Beings Drug Trafficking Cybercrime Terrorism and the Financing of Terrorism Criminal Organizations Questions Addressed The questions addressed include Incidence and prevalence of the phenomena Control strategies and techniques of normative harmonization Normative control instruments Implementation of the normative control instruments in the national jurisdiction Venue Cladridge Hotel Tucumán 535 Bueno Aires, Argentina Tel.: +54 11 4314 7700 Fax: +54 11 4314 8022 Participants Academics form Argentina and the Max Planck Institute for Foreign and International Criminal Law, Advisers of the Secretary for Criminal Justice Policy of the Ministry of Justice and Human Rights Working Languages English and Spanish (simultaneous translation)

Location: Hotel Claridge-Tucuman 535, Buenos Aires