Publications & Legal Doctrine
A curated library of criminal law doctrine and forensic practice: criminal and constitutional analysis, annotated case law, digital evidence and cybercrime, and resources applicable to real cases in Buenos Aires (CABA and Province).
In case of arrest or urgent situation at a police station: go directly to Emergencies 24 hrs.
Doctrine Articles & Analysis
Bank Fraud: Disputing Charges Is Not Criminal Evidence
Why a bank claim does not establish a criminal offence or authorship. Technical evidence standards (logs, authentication, IPs) and defence against automatic criminal charges.
Read article (spanish)Phishing, Smishing and Pharming: Elements of the Offence and Criminal Defence
Practical differences between basic fraud (art. 172) and computer fraud (art. 173 inc. 16). Evidentiary issues surrounding digital identity (IPs/CGNAT) and money mules.
Read article (spanish)Illicit Enrichment: Analysis of the "José López" Case (the Bags)
Critical examination of the constitutionality of art. 268(2) of the Criminal Code. Reversal of the burden of proof? Analysis of the vagueness of the term "appreciable".
Read article (spanish)Constitutional Limits on Punishment: The "Góngora" and "Chukwudi" Rulings
Analysis of Supreme Court standards on the prohibition of probation in gender-based violence cases and proportionality in customs offences.
Read article (spanish)Criminal Liability in Medical Teams
The Principle of Trust and the division of labour as limits on the criminal liability of the Head of Service. Doctrinal analysis.
Read article (spanish)The "Góngora" Doctrine and the Expropriation of Conflict
Tensions between the Belém do Pará Convention and the victim's autonomy. Can the State impose punishment against the woman's will?
Read article (spanish)The Criminal Judge as Guardian of Normative Validity
From the Legal State to the Constitutional State. Tension between formal validity and substantive validity (Ferrajoli) and limits on ius puniendi in recent case law.
Read article (spanish)OSINT and the Digital Undercover Agent: Limits and Nullities
Differences between OSINT, cyber-patrolling and online decoys. Risks of mass surveillance, the “mosaic effect” and state entrapment.
Read article (spanish)Digital Evidence: Chain of Custody and Nullities
Authenticity, integrity (hash values) and chain of custody. Constitutional limits on “fishing expeditions” and oversight of forensic extractions.
Read article (spanish)Second Budapest Protocol: Cooperation and Constitutional Limits
Direct cooperation with service providers, foreign digital evidence and emergency clauses. Risks of opacity, judicial oversight and the right to a technical defence.
Read article (spanish)The information on this page is for informational purposes only and does not constitute legal advice, nor does it replace consultation with a qualified lawyer. No results are guaranteed.
