Should I give a statement at the formal questioning hearing?

It depends on the strategy of the case. There are times when making a statement is advisable — to clarify the situation or request evidence; others where silence is the better option. This decision is made only after your lawyer has had access to the case file.

FEDERAL COURTS AND FEDERAL PROSECUTION OFFICES

Federal Offences: Criminal Defence before the Argentine Federal Courts

Q: What happens if the prosecution is relying on a cooperating witness?

Argentine law provides for cooperating witnesses under Law 27,304. The defence verifies that their account is independently corroborated and does not stand as the sole evidence. We examine the witness's incentives, inconsistencies, judicial oversight and the scope of the cooperation agreement in order to assess or challenge that testimony.

Updated: 04/01/2026 · Coverage: CABA and Province of Buenos Aires

When is a case federal? Common offences Defence strategy FAQ

Cases before the Federal courts and Federal Prosecution Offices: complex investigations, intrusive measures, digital evidence and rapid decisions. We defend before the Federal courts in CABA and Province of Buenos Aires (Comodoro Py, San Martín, Morón, Lomas and others).

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When is a case a federal matter?

“Federal offences” refers to cases that proceed before the Federal courts on account of their subject matter or because they affect national State interests. They typically involve drug trafficking, smuggling, human trafficking and money laundering, among other complex offences.

These investigations move quickly and there is usually significant pressure towards coercive measures. They frequently involve searches of premises, seizure of devices, expert reports and high-intensity investigative measures.

Most common federal offences

Drug Trafficking

Law 23,737: possession, transport, sale and distribution, and organised trafficking.

Smuggling / Customs Offences

Customs Code — Law 22,415: unlawful import/export and customs fraud operations.

Human Trafficking

Law 26,364 (as amended by Law 26,842): recruitment, transfer and exploitation.

Money Laundering

Law 25,246: illicit origin of funds, audit trail and forensic accounting.

What defines the urgency

Intrusive investigative measures

Searches of premises, seizure of vehicles and devices, official records, witnesses and chain of custody.

Liberty / coercive measures

Concrete procedural risks are argued — flight risk and obstruction of justice. In appropriate cases, bail or less restrictive alternatives are sought from the outset.

Digital evidence

Oversight of data extraction and preservation. A technical error can open the door to applications for a nullity or exclusion of evidence.

Search under way?
See our specific guide: Search & Seizure Defence.

Federal defence strategy

In federal jurisdiction, the defence must be technical and proactive. We act to:

Assess jurisdiction: whether the case falls within federal or ordinary provincial jurisdiction.
Scrutinise lawfulness: warrants and their grounds, scope, official records and investigative measures.
Review expert evidence: digital chain of custody, forensic accounting and audit trail.
Contest detention: bail applications, less restrictive alternatives and oversight before the Court of Appeal.

Warning signs

Search of premises by federal security forces (Federal Police Force / PFA, Gendarmerie, Coast Guard / Prefectura Naval, Airport Security Police / PSA).
Seizure of mobile phones, cash, goods or documentation.
Summons to formal questioning or notification of charges.
Indications of wiretapping, electronic surveillance or physical surveillance.

First objective: reducing the risk

We separate what is alleged from what is actually proved. In complex criminal cases, a single technical detail in the procedure or in the legal characterisation of the offence can determine the outcome of the case.

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Frequently asked questions

Federal cases are those that proceed before Federal courts and Federal Prosecution Offices on account of their specific subject matter — drug trafficking, human trafficking, smuggling, money laundering — or because they affect national State interests. They are characterised by their complexity, the technical resources deployed and, frequently, the involvement of federal security forces.

The immediate priority is to preserve lawfulness oversight: reviewing the warrant and its grounds, the scope of the seizure, witnesses, official records and the chain of custody. In digital evidence cases, a technical error can undermine the validity of the evidence and open the door to applications for a nullity or exclusion of evidence.

It is not automatic, but the threshold tends to be strict. What is argued are the concrete procedural risks: flight risk and risk of obstruction of justice. An active defence from the outset raises ties to the jurisdiction, a clean criminal record and less restrictive alternatives to avoid detention.

It depends on the strategy of the case. There are times when making a statement is advisable — to clarify the situation or request that certain evidence be gathered; others where silence is the better option. This decision is made only after your lawyer has had access to the case file.

Argentine law provides for cooperating witnesses under Law 27,304. The defence verifies that their account is independently corroborated and does not stand as the sole evidence. We examine the witness’s incentives, inconsistencies, judicial oversight and the scope of the cooperation agreement in order to assess or challenge that testimony.