Summary.
The bill proposes to amend Article 217 of the Criminal Code (Código Penal), concerning livestock theft. The proposed provision would punish a person who takes one or more head of cattle that are loose, tethered, or housed in pastures, farms, pens, or stables with six to eight years’ imprisonment. The same penalty would apply to a person who promotes, sponsors, induces, finances, facilitates, assists in, or incites the offense. It would also apply to a person who knowingly acquires or sells stolen cattle or products derived from them.
The proposed Article 217 would increase the penalty by one third to one half in the listed circumstances. These include the use of force against doors, fences, barriers in streams or rivers, pens, or stables; alteration or removal of an animal’s brand; and participation by a farm foreman, caretaker, or worker, or by a partner, co-owner, or member of a common ownership arrangement. The increase would also cover slaughtering an animal or taking it to a slaughterhouse or livestock auction, and omitting, falsifying, or altering its transport document.
The increase would also apply when the offense occurs during a national emergency, epidemic, pandemic, war, natural disaster, quarantine, or related situation; when a public servant commits or assists in the offense or, knowing others are committing it, fails to prevent or report it; when more than five head of cattle are taken or the cattle’s value exceeds five thousand balboas; or when the offense occurs at night. Further circumstances concern animals of high genetic or reproductive value, the disabling, alteration, or removal of electronic traceability devices, and the taking of animals receiving veterinary treatment when the public’s health is consequently affected.
The bill also proposes to amend Article 329 of the Criminal Code. Under the proposed wording, each person who agrees with others in a group of three or more to commit crimes would face three to five years’ imprisonment for that agreement alone. The penalty would be six to twelve years if the association is formed to commit intentional homicide, murder, kidnapping, extortion, robbery, theft of cars and accessories, livestock theft, drug trafficking offenses, money laundering, financial crimes, sexual assault, child pornography, human trafficking, terrorism, or arms trafficking.
Article 3 expressly identifies Articles 217 and 329 of the Criminal Code as the provisions being amended. Article 4 provides that the resulting law would take effect upon its promulgation. Its subject matter would involve public authorities responsible for criminal investigation and adjudication and could concern livestock farm owners and workers, cattle and cattle-product traders, slaughterhouses, livestock auctions, and livestock transport providers.
What it proposes.
- Livestock theft and conduct involving stolen cattle.
- Circumstances that would increase the penalty for livestock theft.
- Criminal association to commit offenses, including livestock theft.
Who it would affect.
- People who take cattle or participate in that offense.
- People who knowingly acquire or sell stolen cattle or their products.
- People who agree to commit crimes as part of an association.
Key points.
- Proposes six to eight years’ imprisonment for taking one or more head of cattle from the locations described.Art. 1
- Extends that penalty to people who promote, sponsor, induce, finance, facilitate, assist in, or incite the offense, and to those who knowingly acquire or sell stolen cattle or their products.Art. 1
- Increases the penalty by one third to one half in the listed circumstances concerning, among other matters, how the offense is committed, the offender’s relationship to the farm, cattle transport, and alteration of brands or traceability devices.Art. 1
- Includes the taking of more than five head of cattle or cattle worth more than five thousand balboas among the circumstances that increase the penalty.Art. 1
- Proposes three to five years’ imprisonment for each member of an agreement among three or more people to commit crimes.Art. 2
- Sets six to twelve years’ imprisonment if the association intends to commit any of the listed offenses, including livestock theft.Art. 2
- Identifies Articles 217 and 329 of the Criminal Code as the amended provisions and provides for commencement upon promulgation.Arts. 3-4