Bill 165.

Summary.

The bill proposes new wording for Article 217-A of the Criminal Code (Código Penal), concerning theft. The provision covers taking an outboard motor, agricultural or aquatic biological products, or goods used in agricultural activity that are located at their natural production site. The prescribed penalty applies when the value exceeds 250 balboas (B/.250.00). The provision identifies the covered property and links the agricultural goods to the place where they are produced. These elements define the property and value threshold addressed by the proposed wording of the article.

For the taking described, the proposed article establishes a prison term of six to eight years. It applies the same penalty to anyone who takes the property or promotes, sponsors, induces, finances, facilitates, assists, or incites the offense. The same penalty also applies to a person who acquires or markets the stolen property without having participated in the commission of the offense. The proposed wording thus addresses the taking itself, involvement in the offense, and subsequent acquisition or marketing of the stolen property within the same article. The qualification concerning lack of participation in the offense applies specifically to the person who acquires or markets what was stolen.

The proposed Article 217-A directs that the stated penalty be increased by one third to one half in two circumstances. The first applies when the offender or participant is the farm’s foreman, caretaker, or worker. The second applies when the offense is committed by a partner, co-owner, or member of a community of owners. Both circumstances concern the status of the person committing or participating in the offense. They operate as increases to the penalty stated for the conduct described in the article. The amendment thereby includes these relationships to the farm or ownership among the circumstances that increase the prison term.

Article 2 contains an amending clause concerning Article 210, while Article 1 expressly sets out new wording for Article 217-A of the Criminal Code. Article 3 provides that the proposed law would take effect on the day following its promulgation. Read in article order, the bill sets out the covered goods and conduct, the applicable prison term, the circumstances for increasing that term, an additional amending clause, and the rule governing commencement.

The bill concerns the Criminal Code and the application of its provisions on theft. Its contents could interest or affect users of outboard motors; agricultural producers and farm workers; partners, co-owners, and members of communities of owners; and persons who acquire or market agricultural or aquatic biological products and goods used in agricultural activity.