Summary.
The bill proposes amending Article 412 of the Criminal Code (Código Penal) to penalize a person authorized to prepare environmental impact studies, environmental audits, environmental adaptation and management programs, environmental or forest management plans, forest inventories, or similar studies. The offense consists of knowingly including or supplying false or inaccurate information, or omitting essential information, when doing so endangers human health or the environment. It provides imprisonment for four to six years and an ancillary penalty of forest reforestation or protected area cleanup. If the conduct harms human health, the environment, or one of its components, the sentence increases by one third to one half.
The proposed amendment to Article 413 would apply to a public official who, while performing official duties and disregarding environmental rules, promotes approval of or approves an environmental impact study, an environmental adaptation and management program, or another document approved by the National Environmental Authority (Autoridad Nacional del Ambiente). It prescribes imprisonment for four to six years and the same ancillary penalty. Article 414 would penalize a developer or concessionaire who fails to comply with environmental instruments approved by the Ministry of Environment (Ministerio de Ambiente), or with the resolution approving them. It sets imprisonment for four to ten years and that ancillary penalty. If the breach causes serious harm to human health, the environment, its components, or economic activities, the sentence increases by one third to one half.
Proposed Article 417 would impose imprisonment for four to eight years on developers, builders, or supervising technical personnel who undertake unauthorized construction on land designated for roads, river easements or natural surface watercourses, green areas, public property, or places whose scenic, ecological, artistic, historical, or cultural value or special protection has been legally or administratively recognized. Article 418 would impose imprisonment for four to eight years, plus reforestation or cleanup as an ancillary penalty, on a developer or concessionaire who begins work or activities without a required prior environmental or forest management approval. If the conduct harms the environment, human health, or the national economy, the sentence increases by one third to one half.
Article 419 would punish an authority or public official who approves building projects or licenses contrary to land use or urban planning rules with imprisonment for four to eight years. Article 420 sets the same prison term and the specified ancillary penalty for anyone who builds or develops land in breach of applicable rules and thereby seriously endangers the environment or the population's lives. Finally, the bill amends Article 50 to add forest reforestation or protected area cleanup to the Criminal Code's list of ancillary penalties. It would take effect on the day after its promulgation. Its provisions concern the National Environmental Authority, the Ministry of Environment, and the environmental consulting, construction, land development, and concession sectors.
What it proposes.
- Offenses involving environmental instruments and approvals.
- Construction and land development contrary to applicable rules.
- Prison sentences, sentence increases, and ancillary penalties.
Who it would affect.
- Persons authorized to prepare environmental studies and instruments.
- Developers, concessionaires, builders, and supervising technical personnel.
- Authorities and public officials who approve environmental documents, building projects, or licenses.
- Persons who build or develop land in breach of applicable rules.
Key points.
- Penalizes knowingly false or inaccurate environmental information and omissions of essential information that endanger human health or the environment; increases the sentence when harm results.Art. 1
- Sets imprisonment and an ancillary penalty for a public official who promotes approval of or approves environmental documents while disregarding applicable rules.Art. 2
- Penalizes a developer or concessionaire who fails to comply with approved environmental instruments and increases the sentence when serious harm results.Art. 3
- Punishes unauthorized construction on the designated land, easements, public property, and protected places listed in the provision.Art. 5
- Penalizes starting work or activities without required prior environmental or forest management approval and increases the sentence when harm results.Art. 6
- Penalizes approval of building projects or licenses contrary to land use or urban planning rules.Art. 7
- Punishes construction or land development in breach of applicable rules that seriously endangers the environment or the population's lives.Art. 8
- Adds forest reforestation or protected area cleanup to the list of ancillary penalties.Art. 9