Summary.
The bill amends Article 217 of the Criminal Code (Código Penal). The proposed provision would impose ten to fifteen years of imprisonment on anyone who takes or slaughters one or more head of cattle, whether loose, tied or housed, in pastures, farms, pens or stables. The same penalty would apply to anyone who promotes, sponsors, induces, finances, facilitates, assists or incites the offense. Its wording thus covers both the taking or slaughter of cattle and each form of involvement expressly listed in the article.
The proposed Article 217 would increase the penalty by one third to one half when the act involves the use of force at doors, fences or woven barriers, at streams or rivers, or in pens or stables. The increase would also apply if the brand placed on an animal to identify its owner is altered or removed. It would cover cases in which a perpetrator or participant is the farm’s foreman, caretaker or worker, and cases in which the act is committed by a partner, co-owner, member of a jointly held property or relative within the fourth degree of consanguinity and second degree of affinity.
The provision would likewise increase the penalty 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 includes acts committed through omission, forgery or alteration of the transport permit. It also covers acts committed during a national emergency, epidemics, pandemics, war, natural disasters, quarantine or any related situation. The increase would further apply when a public official commits the act, assists its perpetrator or, knowing that others are committing it, fails to prevent or report it.
The bill adds Article 217 B to the Criminal Code. That article would impose 4 to 8 years of imprisonment on a rancher who is the victim of cattle theft and agrees to negotiate with the cattle thief or the person financing the theft. If the rancher reoffends, the specified penalty would increase by one half, and a fine equal to twice the amount received in the transaction with the cattle thief or financier would also apply. Article 3 records the amendment of Article 217 and the addition of Article 217-8 to the consolidated text of the Criminal Code. Article 4 provides that the law would take effect on the day following its promulgation.
By its subject matter, the bill relates to the public officials mentioned in Article 217 and to the cattle and agricultural sectors, including farm workers, cattle transporters, slaughterhouses and livestock auctions.
What it proposes.
- Cattle theft and slaughter.
- Participation and circumstances increasing the penalty.
- Negotiation between a victim and the cattle thief or financier.
Who it would affect.
- People who take or slaughter cattle or participate in those acts.
- Ranchers who are victims of cattle theft and agree to negotiate with the cattle thief or financier.
- Public officials and people connected with farms in the specified circumstances.
Key points.
- Proposes ten to fifteen years of imprisonment for taking or slaughtering cattle in the specified places.Art. 1
- Extends that penalty to anyone who promotes, sponsors, induces, finances, facilitates, assists or incites the act.Art. 1
- Increases the penalty by one third to one half for use of force, alteration of an animal’s brand, or involvement by people connected with the farm or owner.Art. 1
- Provides the same increase for slaughter or movement to conceal the offense, transport permit irregularities, emergency situations and specified conduct by public officials.Art. 1
- Proposes 4 to 8 years of imprisonment for a rancher who is the victim of cattle theft and agrees to negotiate with the cattle thief or financier.Art. 2
- If the rancher reoffends, increases the penalty by one half and adds a fine equal to twice the amount received in the transaction.Art. 2
- Records the amendment and addition to the consolidated text of the Criminal Code and sets commencement for the day following promulgation.Arts. 3-4