Bill 169.

Summary.

The bill proposes making the illegal collection of National Charity Lottery public funds through clandestine lottery sales a criminal offense under the Criminal Code, among offenses against the economic order. The conduct includes sales by electronic or any other means, regardless of the form or name used, when the games depend on the results of National Charity Lottery drawings. It would also cover anyone who helps, through printing, writing, advertising, publication, or any other form of participation, to establish, run, or play a lottery, or to sell or place clandestine lottery tickets whose operation is reserved exclusively to that institution. The proposed offense carries a prison sentence of 6 to 10 years.

The proposed sentence would be 8 to 15 years if clandestine sales exceed 100,000 balboas (B/.100,000.00) or if the offense is repeated. These circumstances are presented as aggravating factors for the conduct described in the preceding article and change the applicable prison sentence range. The bill thus distinguishes between the sentence for the offense itself and the sentence that would apply when either stated aggravating condition is present.

To address clandestine sales, the National Charity Lottery would conduct operations to assist the Public Prosecutor’s Office in eliminating and penalizing them. For that purpose, it would have an Inspector Unit attached to its Operations Directorate, or persons to whom the institution delegates that role. The Public Prosecutor’s Office could investigate clandestine sales on its own initiative and carry out operations it considers appropriate to investigate the unlawful acts covered by the offense. Findings from those operations would have to be made immediately available to the competent authority.

The bill would also authorize the National Charity Lottery to fine businesses that commit this violation between 5,000 balboas (B/.5,000.00) and 10,000 balboas (B/.10,000.00). For a repeat violation, the fine would be doubled. This administrative penalty applies specifically to businesses, while the criminal offense covers the collection of funds and forms of assistance described in the first article.

Regarding existing legislation, the text provides for amending Title VII of Book Two of the Criminal Code and repealing any other law that conflicts with or contravenes the proposed provisions. It states that the law would take effect on the day after its promulgation. Based on its content, the public institutions concerned are the National Charity Lottery and the Public Prosecutor’s Office; the bill could be of interest to or affect businesses, people who sell or place lottery tickets, and people who participate in games tied to the results of its drawings.