Summary.
The bill proposes adding Article 229-A to the Criminal Code (Código Penal) to punish a person who, without a legitimate right and with the intention of using, enjoying or disposing of roads and spaces for public use, obstructs, closes or restricts them by means of fences, gates, ditches, structures, signs or other physical means. It sets a prison term of two to five years for that conduct. The provision covers roads and other spaces for public use and describes the physical interference that would constitute obstruction, closure or restriction.
The same article proposes a prison term of three to seven years when the closed road or public space leads to rivers, beaches, lagoons, water springs, national parks, archaeological zones, natural monuments, water sources, protected areas or other sites of ecological, cultural, tourism or community value. The term for this case depends on the destination reached by the closed road or space. The bill thus distinguishes physical obstruction of a space for public use from closure of access leading to the listed sites.
Article 2 proposes adding Article 229-B to the Criminal Code. It would punish with three to six years of imprisonment a person who, through falsehood or deception in proceedings before the competent authority for the award of property titles, obtains title to all or part of a tract of land belonging to national parks, archaeological zones, natural monuments, water sources, protected areas or other sites of ecological, cultural, tourism or community value. The described conduct covers obtaining a title to the entire tract or part of it, provided that this occurs in the specified award proceedings and concerns one of the listed types of land.
The proposed Article 229-B would impose the same penalty on a public official who uses information pertinent to their work or service, for their own benefit or that of a third party, to secure the award of the land described. This provision covers the use of information connected with public duties for that purpose, alongside the conduct of a person who obtains title through falsehood or deception. Article 3 expressly provides for adding Articles 229-A and 229-B to the Criminal Code. Article 4 provides that the law would take effect on the day after its promulgation.
The bill concerns the authority competent to award property titles and public officials involved in land awards. It could also be of interest to users of roads and public spaces, applicants for property titles, and activities connected with access to rivers, beaches, national parks, archaeological zones, protected areas and other sites of ecological, cultural, tourism or community value.
What it proposes.
- Physical obstruction, closure or restriction of roads and spaces for public use.
- Acquisition of titles to specified land through falsehood or deception.
- Use of information obtained through public duties to secure awards of that land.
Who it would affect.
- People who obstruct, close or restrict roads or spaces for public use under the described conditions.
- People who obtain property titles through falsehood or deception in the specified cases.
- Public officials who use work or service related information to secure awards of the specified land.
Key points.
- Proposes adding Article 229-A to the Criminal Code to punish physical obstruction, closure or restriction of roads and spaces for public use under the described conditions.Art. 1
- Sets a prison term of two to five years for that conduct.Art. 1
- Raises the prison term to three to seven years if the closed road or space leads to the listed sites of ecological, cultural, tourism or community value.Art. 1
- Proposes adding Article 229-B to punish with three to six years of imprisonment the acquisition, through falsehood or deception, of title to all or part of the specified land.Art. 2
- Applies the same penalty to a public official who uses information from their work or service, for their own benefit or a third party's, to secure an award of that land.Art. 2
- Expressly provides for adding Articles 229-A and 229-B to the Criminal Code.Art. 3
- Sets the effective date as the day after promulgation.Art. 4