The article analyzes the Argentine law on effective collaboration (Article 41-ter of the Criminal Code), which allows accused persons to receive a reduced sentence in exchange for providing information. The author, a former judge, argues that this law is unconstitutional and violates the principle of 'nemo tenetur se ipsum accusare' (no one is bound to accuse themselves). He posits that the law reduces the accused to an object rather than a subject of the process, infringes upon the right to defense, and creates unequal conditions where less-involved individuals face greater pressure than the masterminds of the crime. The author also highlights the risk of retroactively applying a harsher penalty if the provided information is deemed false and the potential use of this mechanism as a tool of coercion.
