Summary.
The bill proposes changes to the Criminal Code (Código Penal) concerning public works. Article 1 gives Article 350-A new wording. It penalizes a public official who knowingly allows the significant removal, abandonment or destruction of a work awarded through a tender while having the budget allocations or financial resources available to develop or carry it out. Where the damage is between 20,000.00 and 500,000.00, it provides for 3 to 5 years’ imprisonment; where damage exceeds 500,000.00 balboas, it provides for 4 to 8 years. If the conduct is negligent, the proposed term is 1 to 3 years.
Article 2 adds Article 350-B to the Criminal Code. It applies to a public official with direct or delegated authority who, in exercising official duties, manifestly fails to observe the duty of care and supervision inherent in the position. The failure must cause the stoppage, abandonment, increased cost or deterioration of a work financed wholly or partly with public funds, or cause losses to the national or municipal treasury. The proposed penalty is twelve to fifteen years’ imprisonment. The penalty would increase by one third to one half if abandonment, increased cost or deterioration of the work causes treasury losses equal to or greater than ten million balboas (B/. 10,000000.00).
Article 3 adds Article 350-C. It exempts an official from criminal liability when the loss, deterioration or stoppage of a work referred to in Article 350-A results from an unforeseeable event or force majeure. Article 4 proposes another addition to the Criminal Code. Its introductory wording identifies the added provision as Article 345-0, while the provision itself is numbered Article 350. 0. It prescribes, for a person who negligently causes conduct described in Articles 350-A and 350-B, imprisonment of one third to one half, or the equivalent in day-fines or weekend detention.
Article 5 states that Articles 350-A, 350-B, 350-C and 350-0 are added to the Criminal Code. Article 6 provides that the proposed law would take effect three months after promulgation. The proposal concerns public officials responsible for developing, carrying out, safeguarding or supervising works, as well as the national and municipal treasuries. Its provisions could also affect the construction and infrastructure sectors involved in tendered works or works financed with public funds.
What it proposes.
- Criminal liability for the abandonment, stoppage and deterioration of public works.
- Public officials’ duties of care and supervision.
- Penalties, negligent conduct and an exemption for unforeseeable events or force majeure.
Who it would affect.
- Public officials with resources available to develop or carry out a tendered work.
- Public officials with direct or delegated authority over publicly funded works.
- Officials connected with the works described in Article 350-A.
- Persons who negligently cause conduct described in Articles 350-A and 350-B.
Key points.
- It proposes penalties for a public official who knowingly allows the significant removal, abandonment or destruction of a tendered work while resources are available; the prison term depends on the amount of damage, with a separate term for negligence.Art. 1
- It proposes twelve to fifteen years’ imprisonment for a public official whose manifest failure in the duty of care and supervision causes the specified consequences for a publicly funded work or losses to the treasury.Art. 2
- It increases the penalty by one third to one half where abandonment, increased cost or deterioration causes treasury losses equal to or greater than ten million balboas (B/. 10,000000.00).Art. 2
- It exempts an official from criminal liability if loss, deterioration or stoppage of a work referred to in Article 350-A results from an unforeseeable event or force majeure.Art. 3
- It provides for imprisonment of one third to one half, or the equivalent in day-fines or weekend detention, for a person who negligently causes conduct described in Articles 350-A and 350-B.Art. 4
- It states that Articles 350-A, 350-B, 350-C and 350-0 are added to the Criminal Code.Art. 5
- It sets entry into force three months after promulgation.Art. 6