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100+ Free Concurso Magistrados MPF Practice Questions

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Key Facts: Concurso Magistrados MPF Exam

The Argentina Federal Public Prosecutor Selection Competition is a fee-free, merit-based process run by the Procuración General de la Nación under Res. PGN 1457/17: an anonymised written case-drafting test of up to seven hours and a public oral test, each worth up to 50 points, plus antecedents worth up to 75, with at least 60% of the maximum required in each opposition test to enter the merit order.

Sample Concurso Magistrados MPF Practice Questions

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1In Argentine criminal law, what is the legal effect of an invincible mistake of type (error de tipo invencible, Art. 34 inc. 1 CP) on the perpetrator's criminal liability?
A.It completely eliminates both criminal intent (dolo) and negligence (culpa), resulting in an atypical conduct and the absence of a crime
B.It eliminates culpability but leaves the criminal act typical and unlawful, resulting in civil damages only
C.It automatically converts the intentional crime into a summary administrative fine
D.It has no legal effect and the perpetrator is punished with the full statutory penalty
Explanation: An error de tipo falls directly upon the objective elements of the statutory offense (tipo objetivo). If the mistake is invincible (invencible), it excludes both dolo and culpa, eliminating tipicidad altogether. If it is vincible (vencible), it excludes dolo but leaves open liability for reckless commission (culpa) if the offense is expressly criminalized as a culpable crime under the Penal Code.
2What are the essential statutory elements of the crime of illicit association (asociación ilícita) under Article 210 of the Código Penal?
A.Taking part in an association or gang of three or more persons destined to commit crimes, with permanence, organization, and an indeterminate criminal purpose
B.A casual, temporary agreement between two friends to commit a single traffic infraction
C.Attending an unauthorized commercial trade union meeting with more than ten participants
D.Forming a registered commercial corporation that experiences a business bankruptcy
Explanation: Article 210 CP defines asociación ilícita as taking part in an association or banda of three or more persons destined to commit offenses, where the mere membership is penalized. Consolidated doctrine and jurisprudence require: (1) a minimum of three members, (2) relative permanence and organizational cohesion, and (3) an agreement to commit an indeterminate series of crimes (planes delictivos indeterminados).
3Under Article 303 of the Código Penal, what is the legal relationship between the preceding criminal offense (delito precedente) and the crime of money laundering (lavado de activos)?
A.Money laundering is an autonomous offense; a prior conviction for the underlying predicate crime is not required, provided there is circumstantial proof of the illicit origin of the assets
B.Money laundering cannot be prosecuted unless the perpetrator of the predicate offense has been sentenced by a final Supreme Court ruling
C.The predicate crime must be committed exclusively by foreign military personnel
D.Money laundering only applies if the predicate offense was a minor municipal tax infraction
Explanation: Article 303 CP codifies money laundering as an autonomous offense (delito autónomo). Consistent with FATF/GAFI recommendations and Argentine jurisprudence, prosecuting and convicting for money laundering does not require a prior criminal conviction for the underlying predicate offense (delito precedente); circumstantial and documentary evidence demonstrating the illicit origin of the funds suffices.
4Under Article 5 inciso c of Ley 23.737 (Régimen Penal de Estupefacientes), what acts constitute illicit drug trafficking in Argentine federal jurisdiction?
A.Commercializing, delivering, supplying, or applying narcotics for payment or gratuitously, or possessing them with intent to distribute (comercialización o tenencia con fines de comercialización)
B.Purchasing prescribed prescription painkillers from a licensed pharmacy with a doctor's signature
C.Cultivating industrial hemp with valid regulatory authorization from the national health authority
D.Conducting chemical laboratory research at an accredited public university
Explanation: Article 5 inc. c of Ley 23.737 criminalizes the trade of narcotics (comercio de estupefacientes), including commercialization, distribution, supply for consideration or gratuitously, and the possession of prohibited drugs with intent to sell or distribute (tenencia con fines de comercialización), carrying severe federal prison sentences.
5Under Article 145 bis of the Código Penal (as amended by Ley 26.842), what conducts constitute the crime of human trafficking (trata de personas)?
A.Recruiting, transporting, transferring, harboring, or receiving persons for the purposes of sexual exploitation, forced labor, slavery, servitude, or illegal organ removal
B.Offering paid legal advice to foreign travelers at an international airport
C.Hiring an adult chef under a formal registered collective labor agreement
D.Transporting tourists on a sightseeing cruise along the Paraná River
Explanation: Article 145 bis CP penalizes whoever offers, captures, transports, transfers, harbors, or receives persons for the purposes of exploitation (sexual exploitation, forced labor or services, slavery, servitude, organ removal), regardless of whether the exploitation was actually consummated and regardless of victim consent.
6What is the dogmatic distinction between passive bribery (cohecho pasivo, Art. 256 CP) and active bribery (cohecho activo, Art. 258 CP) in Argentine criminal law?
A.Cohecho pasivo is committed by the public official who accepts money or promises to perform or omit an official act; cohecho activo is committed by the private person who offers or gives the bribe
B.Cohecho pasivo applies only to judges, while cohecho activo applies only to police officers
C.Cohecho pasivo is a minor traffic fine, while cohecho activo is punishable by life imprisonment
D.Both offenses require the bribe to exceed one million US dollars to be investigated
Explanation: Article 256 CP criminalizes passive bribery: the public official who directly or indirectly receives money, gifts, or promises to perform, delay, or omit an act relative to their official functions. Article 258 CP criminalizes active bribery: the corruptor who offers or gives money or gifts to a public official for those purposes. Both are autonomous offenses with independent consummation.
7Under Article 265 of the Código Penal, what constitutes the crime of negotiations incompatible with public office (negociaciones incompatibles con el ejercicio de funciones públicas)?
A.A public official who, directly or through an intermediary or simulated act, takes a personal interest in any contract or operation in which they intervene by reason of their official position
B.A public official who refuses to shake hands with a political opponent during an election debate
C.A public servant who negotiates their own collective bargaining salary raise through their trade union
D.An official who purchases standard grocery products at a local supermarket
Explanation: Article 265 CP punishes the public official who, directly, indirectly, or through simulated acts, becomes personally interested in any contract, bid, concession, or transaction where they intervene by virtue of their public office. It is a crime of abstract danger protecting the impartiality, transparency, and loyalty of public administration, consummated even if no patrimonial damage to the state treasury occurred.
8Under Ley 27.401 (Responsabilidad Penal de las Personas Jurídicas), what is the legal significance of an effective Integrity/Compliance Program (Programa de Integridad)?
A.It can exempt the legal entity from criminal penalties if it was implemented prior to the offense and the company spontaneously reported the crime and returned the illicit benefit (Art. 9), or mitigate fines
B.It automatically immunizes all company executives from individual personal criminal liability
C.It allows corporate boards to draft their own private criminal code
D.It replaces all national taxes with a single annual corporate donation
Explanation: Under Article 9 of Ley 27.401, a legal entity is exempt from criminal penalties and administrative sanctions if: (1) it implemented an adequate integrity/compliance program prior to the offense, (2) it spontaneously self-reported the crime discovered through internal control, and (3) it returned the obtained illicit benefit. An integrity program also functions as a statutory mitigating factor in sentencing (Art. 8).
9Under Articles 863 to 865 of the Código Aduanero (Ley 22.415), what constitutes the crime of aggravated smuggling (contrabando agravado)?
A.Any act or omission that impedes or frustrates customs control, committed with violence, by three or more persons, by a public official or customs agent, with forged documents, or involving weapons or narcotics
B.Carrying a single bottle of wine across an internal provincial boundary between Mendoza and San Juan
C.Declaring the exact tariff value and paying all customs duties at the border terminal
D.Mailing a personal holiday greeting postcard to a relative living in Spain
Explanation: Under Article 863 CA, smuggling is any act or omission that by deceit or concealment prevents or hinders customs control over imports or exports. Under Article 865 CA, the offense is aggravated when committed: (a) with weapons or physical violence, (b) by three or more organized persons, (c) with the intervention of a customs or public official, (d) using fraudulent customs documentation, or (e) involving prohibited war weapons, explosives, or narcotics.
10Under Article 300, inciso 2 of the Código Penal, what constitutes the crime of fraudulent financial statements (balance falso)?
A.The founder, director, administrator, or auditor of a corporate entity who publishes or authorizes a false or incomplete balance sheet, profit-and-loss account, or report
B.An accountant who submits an honest financial report displaying corporate financial losses
C.A commercial merchant who offers a 10% discount on cash sales
D.A company that changes its commercial accounting software to a cloud-based system
Explanation: Article 300 inc. 2 CP punishes the founder, director, manager, administrator, or syndic of a legal person who knowingly publishes, certifies, or authorizes a false, dissimulated, or incomplete balance sheet, inventory, profit and loss statement, or financial report. It protects commercial transparency, public confidence, and the rights of shareholders, creditors, and the public.

About the Concurso Magistrados MPF Exam

The Concurso para la Selección de Magistradas/os del Ministerio Público Fiscal de la Nación is the official constitutional selection competition governed by Article 120 of the Argentine National Constitution, Ley Orgánica del MPF N° 27.148, and Resolution PGN N° 1457/2017 (as amended). Administered by the Secretaría de Concursos of the Procuración General de la Nación, it is the statutory mechanism for appointing federal prosecutors (Fiscales de Primera Instancia, Fiscales de Cámara, and Procuradores Fiscales) throughout the Argentine Republic. The competition turns on two opposition tests. In the written test, candidates draft one or more dictámenes, recursos or procedural acts appropriate to the post being filled, based on real case files drawn on the day by public lottery with a bolillero; the test is anonymised, lasts no more than seven hours, and candidates may consult normative, bibliographic and jurisprudential material. Those who reach at least 60% of the maximum then sit a public oral test, recorded in audio or video: for criminal posts they prepare and present procedural acts on real files, and for non-criminal posts they present a topic chosen from a list published five days in advance. Candidates must demonstrate mastery of substantive federal criminal law, constitutional guarantees and exclusionary rules, organized crime and money laundering investigation, the specialised prosecutorial bodies (PROCUNAR, PROCELAC, PROTEX, UFEM), and the MPF's organic framework. Both stages must include content allowing the evaluation of the candidate's gender perspective. The official assessment is conducted in Spanish and is graded by a Tribunal Evaluador; this bank is an English-language multiple-choice study adaptation of the underlying law and practice — not an official translation, not a simulation of the drafting or oral formats, and no substitute for practising them. Its content-area percentages are our own study allocation rather than official weightings.

Assessment

Multi-stage competition under Resolución PGN 1457/17 (mod. 1962/17, 19/18 and 70/22), applicable from Concurso 128: (1) written opposition test on real expedientes drawn by public lottery with a bolillero on exam day, taken under anonymity, for a period fixed by the Tribunal not exceeding seven hours, with normative, bibliographic and jurisprudential material permitted; (2) oral opposition test — preparation and presentation of procedural acts on real files for criminal posts, or presentation of a topic chosen from a list published five days in advance for non-criminal posts — public and recorded, open only to candidates who scored at least 60% on the written test, capped at forty; (3) evaluation of professional and academic antecedents (up to 75 points); (4) accreditation of psychophysical aptitude; and (5) elevation of the terna to the Executive Branch, which nominates one candidate for Senate confirmation. Gender-perspective content is compulsory in the written or oral stage.

Time Limit

Fixed by the Tribunal Evaluador for each competition; the Reglamento caps the written opposition test at seven (7) hours

Passing Score

Up to 50 points for the written test and up to 50 for the oral test; at least 60% of the maximum for the written test is required to sit the oral one, and at least 60% of the maximum for each of the two opposition tests is required to enter the orden de mérito (Arts. 37 and 39)

Exam Fee

No arancel is established by Resolución PGN 1457/17; inscription is free through the official online system (Procuración General de la Nación (Secretaría de Concursos del Ministerio Público Fiscal))

Concurso Magistrados MPF Exam Content Outline

25%

Criminal Law and Organized Crime

General Part of the Código Penal (theory of the crime, culpability, attempts, participation), Special Part federal offenses (illicit association, drug trafficking Ley 23.737, money laundering Art. 303 CP, corruption offenses, human trafficking Ley 26.842), and corporate criminal liability (Ley 27.401).

25%

Federal Adversarial Criminal Procedure

Federal adversarial accusatory system (CPPF - Ley 27.063/27.482), principle of opportunity and prosecutorial discretion, formalization of investigation, precautionary and coercive measures, plea bargaining (juicio abreviado), preliminary hearings, and oral trial litigation.

20%

Constitutional Guarantees & Human Rights

Constitutional due process (Arts. 18 and 19 CN), evidentiary exclusion rules and fruit of the poisonous tree doctrine, victims' rights (Ley 27.372), Inter-American Court of Human Rights standards, and constitutional hierarchy treaties (Art. 75 inc. 22 CN).

15%

Specialized Prosecutorial Investigation

Complex financial investigations, asset forfeiture and seizure, digital evidence and cybercrime, cooperation with specialized bodies (PROCUNAR, PROCELAC, PROTEX, UFEM, PIA, DATIP), and international judicial cooperation.

15%

MPF Organic Law, Ethics & Institutional Policy

Constitutional mandate of Art. 120 CN, Ley Orgánica del MPF 27.148, principles of functional autonomy, objectivity, unity of action, hierarchical coordination, general instructions issued by the Procurador General de la Nación, and disciplinary regimes.

How to Pass the Concurso Magistrados MPF Exam

What You Need to Know

  • Passing score: Up to 50 points for the written test and up to 50 for the oral test; at least 60% of the maximum for the written test is required to sit the oral one, and at least 60% of the maximum for each of the two opposition tests is required to enter the orden de mérito (Arts. 37 and 39)
  • Assessment: Multi-stage competition under Resolución PGN 1457/17 (mod. 1962/17, 19/18 and 70/22), applicable from Concurso 128: (1) written opposition test on real expedientes drawn by public lottery with a bolillero on exam day, taken under anonymity, for a period fixed by the Tribunal not exceeding seven hours, with normative, bibliographic and jurisprudential material permitted; (2) oral opposition test — preparation and presentation of procedural acts on real files for criminal posts, or presentation of a topic chosen from a list published five days in advance for non-criminal posts — public and recorded, open only to candidates who scored at least 60% on the written test, capped at forty; (3) evaluation of professional and academic antecedents (up to 75 points); (4) accreditation of psychophysical aptitude; and (5) elevation of the terna to the Executive Branch, which nominates one candidate for Senate confirmation. Gender-perspective content is compulsory in the written or oral stage.
  • Time limit: Fixed by the Tribunal Evaluador for each competition; the Reglamento caps the written opposition test at seven (7) hours
  • Exam fee: No arancel is established by Resolución PGN 1457/17; inscription is free through the official online system

Keys to Passing

  • Work through all 100 available questions
  • Review every answer and explanation
  • Track weak areas and revisit them
  • Use our AI tutor for tough concepts

Concurso Magistrados MPF Study Tips from Top Performers

1Focus deeply on the Código Procesal Penal Federal (CPPF), especially the formalization of the penal investigation, alternative dispute resolution mechanisms, and oral preliminary hearings.
2Understand the statutory mandate of Ley Orgánica del MPF 27.148 and the principles of objectivity (prosecutors must seek truth, not just convictions) and unity of action.
3Review the legal elements of complex federal crimes: money laundering (Art. 303 CP), narcotics trafficking (Ley 23.737), public corruption (bribery, illicit enrichment), and human trafficking (Ley 26.842).
4Master constitutional jurisprudence on exclusionary rules (regla de exclusión probatoria) and the chain of custody for digital and forensic evidence.
5Learn the roles of specialized procuradurías: PROCUNAR (narcotics), PROCELAC (financial crime), PROTEX (trafficking), UFEM (gender violence), and PIA (administrative corruption).

Frequently Asked Questions

What is the Concurso de Magistrados del Ministerio Público Fiscal de la Nación?

It is the open, public, merit-based competition of opposition and antecedents administered by the Secretaría de Concursos of the Procuración General de la Nación under Article 120 of the Constitution, Ley 27.148 and Resolución PGN 1457/17, to select candidates for federal prosecutor posts.

How are the opposition tests structured and evaluated?

There are two: a written test in which candidates draft dictámenes, recursos or procedural acts on real case files drawn that day by public lottery, taken anonymously for a period the Tribunal sets and that cannot exceed seven hours, with normative and bibliographic material permitted; and a public oral test, recorded in audio or video. The Tribunal awards up to 50 points for each, and only those scoring at least 60% of the written maximum — up to a cap of forty candidates — are called to the oral test.

Who makes up the Tribunal Evaluador?

It is drawn by public lottery with a bolillero at the Secretaría de Concursos and, besides its president, comprises three magistrates of the Ministerio Público Fiscal and one invited jurist from outside the MPF, chosen from a list of academics renewed every two years. The lottery must guarantee the presence of at least one woman magistrate and seek geographic, functional and gender diversity.

What is the constitutional role of the Ministerio Público Fiscal in Argentina?

Under Article 120 of the Argentine Constitution, the MPF is an independent extrapower organ with functional autonomy and financial autarky, tasked with promoting the action of justice in defense of legality and the general interests of society.

What procedural model governs federal criminal prosecution in Argentina?

Federal prosecution is governed by the adversarial accusatory system under the Código Procesal Penal Federal (CPPF), which strictly separates investigation and accusation (assigned to prosecutors) from judicial adjudication (assigned to impartial judges).

Are there any fees to participate in the MPF magistrate competition?

Resolución PGN 1457/17 establishes no arancel, and inscription is made free of charge through the Sistema Informático de Inscripción a Concursos de Magistradas/os on the MPF website.

Is this practice bank an official exam simulator?

No. The official tests are Spanish-language case-drafting and oral exercises graded by a Tribunal Evaluador. This bank is an English-language multiple-choice study adaptation of the substantive and procedural law involved; it is not an official translation, does not reproduce the drafting or oral formats, and its content-area percentages are our own study allocation, not official weightings.