Summary.
The bill would amend Article 349 of the Criminal Code (Código Penal). The proposed provision would impose a prison term of two to four years on a public servant who accepts an appointment to public office or receives state pay without performing the service for which the person was appointed, without justification. The conduct covers both acceptance of the appointment and receipt of pay under those circumstances. The amendment makes failure to perform the assigned service the conduct addressed by this penalty.
For that conduct, proposed Article 349 would impose a prison term of four to eight years if the financial loss to the State exceeds fifty thousand balboas. It would also reduce the penalty by half if the person responsible repays the full amount of that loss before the order opening the oral trial is issued. The repayment must cover the full amount and occur before that procedural step for the reduction to apply.
The bill would add Article 349-A to the Criminal Code to penalize a public servant who, without justification, appoints someone to public office with the aim that the appointee will not perform the assigned service or will perform no service at all. For such an appointment, it proposes a prison term of four to six years. The provision addresses the appointing public servant’s purpose and covers both failure to perform the assigned service and a complete absence of service.
Proposed Article 349-A would impose a prison term of six to ten years when the public servant makes the appointment with the aim of receiving a portion of the appointee’s salary. It would impose the same term when the financial loss to the State exceeds fifty thousand balboas. If the person responsible repays the full amount of that loss before the order opening the oral trial is issued, the penalty would be reduced by half. These rules form part of the new article governing the person who makes the appointment.
Article 3 expressly identifies the two changes to the Criminal Code: amendment of Article 349 and addition of Article 349-A. Article 4 provides that the proposed law would take effect on the day following its promulgation. The bill concerns the State as the payer of salaries and the holder of the affected assets. Its provisions would be relevant to public bodies that make appointments, public servants who make or accept them, and people who receive state pay for public positions.
What it proposes.
- Criminal penalties for accepting an appointment or receiving state pay without performing assigned duties.
- Criminal penalties for appointments intended to prevent an appointee from performing services.
- Higher penalties and reductions following repayment of financial loss to the State.
Who it would affect.
- Public servants who accept appointments to public office.
- Public servants who receive state pay without performing assigned duties.
- Public servants who make the appointments described in the bill.
Key points.
- Proposes a prison term of two to four years for accepting an appointment or receiving state pay without performing the assigned service and without justification.Art. 1
- Raises that penalty to a prison term of four to eight years if financial loss to the State exceeds fifty thousand balboas.Art. 1
- Reduces the penalty by half if the responsible person repays the full financial loss before the order opening the oral trial is issued.Art. 1
- Proposes a prison term of four to six years for making, without justification, an appointment intended to prevent the appointee from performing the assigned service or any service.Art. 2
- Sets a prison term of six to ten years if the appointment is intended to allow the appointing public servant to receive part of the appointee’s salary.Art. 2
- Sets a prison term of six to ten years if financial loss to the State exceeds fifty thousand balboas and provides for a reduction by half following full repayment before the order opening the oral trial is issued.Art. 2
- Identifies the amendment of Article 349 and addition of Article 349-A to the Criminal Code and provides for commencement on the day following promulgation.Arts. 3-4