Summary.
The bill amends Article 217 of the Criminal Code (Código Penal) to punish anyone who takes or slaughters one or more head of livestock with ten to fifteen years’ imprisonment. The provision covers animals that are loose, tied or housed in pasturelands, farms, pens and stables. The same sentence would apply to anyone who promotes, sponsors, induces, finances, facilitates, assists or incites the act. The proposed wording thus covers both the taking or slaughter itself and the forms of participation listed in the article.
The proposed Article 217 increases the sentence by one-third to one-half when the act involves the use of force at gates, fences, barriers, streams, rivers, pens or stables. The same increase applies if the brand placed on the animal to identify its owner is altered or removed. It also applies when the perpetrator or participant is the farm foreman, caretaker or worker, or when the act is committed by a partner, co-owner, member of a communal ownership arrangement or relative within the fourth degree of consanguinity and second degree of affinity. These circumstances concern the manner of commission, the identification of livestock and the person’s relationship to the farm or to others named in the provision.
The increase by one-third to one-half would also apply if the animal is slaughtered on or near the farm, or moved to a slaughterhouse, livestock auction or other property to conceal the offense. It covers an act committed through omission, falsification or alteration of the transport document. The bill further includes commission during a national emergency, epidemic, pandemic, war, natural disaster, quarantine or any related situation. The increased sentence also covers a public servant who commits the act, assists its perpetrator or, knowing that others are committing it, fails to prevent or report it.
Article 2 adds a provision to the Criminal Code imposing 4 to 8 years’ imprisonment on a livestock farmer who is the victim of livestock theft and agrees to negotiate with the livestock thief or a person financing the offense. If the farmer reoffends, the sentence would increase by half and a fine equal to twice the amount received in the transaction would apply. Article 3 identifies the amendment to Article 217 and the addition of Article 217-8 to the Consolidated Text of the Criminal Code. Article 4 provides for entry into force on the day following promulgation.
The bill’s provisions could concern livestock farmers, farm workers, partners and co-owners, livestock transporters, slaughterhouses and participants in livestock auctions. They also cover public servants through the aggravating circumstance concerning their involvement or failure to act.
What it proposes.
- Livestock theft and forms of participation.
- Prison sentences and aggravating circumstances.
- Negotiation between a victim and the livestock thief or a financier.
- Repeat offending and a transaction-based fine.
Who it would affect.
- People who take or slaughter livestock.
- People who promote, finance, facilitate or participate in the act.
- Victim livestock farmers who agree to negotiate with the thief or a financier.
- Public servants covered by the aggravating circumstance.
Key points.
- Proposes ten to fifteen years’ imprisonment for taking or slaughtering one or more head of livestock in the specified places.Art. 1
- Applies that sentence to anyone who promotes, sponsors, induces, finances, facilitates, assists or incites the act.Art. 1
- Increases the sentence by one-third to one-half for circumstances involving force, the animal’s brand, or the perpetrator’s or participant’s status or relationship.Art. 1
- Provides the same increase for specified slaughter or movement of the animal, transport document irregularities, emergency situations and conduct by public servants.Art. 1
- Imposes 4 to 8 years’ imprisonment on a victim livestock farmer who agrees to negotiate with the livestock thief or a person financing the offense.Art. 2
- For a repeat offense by the farmer, increases the sentence by half and adds a fine equal to twice the amount received.Art. 2
- Identifies the amendment to Article 217 and the addition of Article 217-8 to the Consolidated Text of the Criminal Code.Art. 3
- Provides that the proposed law enters into force on the day following promulgation.Art. 4