Draft bill 174.

Summary.

The draft bill amends the Penal Code to establish prison sentences for the theft or misappropriation of money, securities, or other assets entrusted to a public official, as well as for allowing another person to appropriate them. It provides for a higher sentence when the amount exceeds 100,000 balboas (B/.100,000.00) or the assets are intended for assistance, development programs, or social support. It also penalizes a public official who takes advantage of another person’s mistake to appropriate, take, or use national or municipal assets.

It addresses the negligent loss of assets entrusted to a public official and the appropriation, taking, or use of those assets by another person who takes advantage of that conduct. It penalizes the use of official assets, work, or services for purposes unrelated to public service, for the benefit of oneself or another person. It also addresses the use of public funds or assets for a public function other than their intended purpose when this affects the service, with a higher sentence if the aim is to benefit someone or if resources intended for assistance, development programs, or social support are affected.

The text penalizes the collection of nonexistent taxes, fees, levies, contributions, or charges and establishes a different penalty when the charge is lawful but an unauthorized collection method is used. It also addresses requesting, receiving, accepting a promise of, or promising a benefit through real or purported influence to obtain a benefit from a public official or a foreign public official of an international organization. It provides for a higher sentence if the person exercising or claiming influence is the hierarchical superior of the person handling the matter.

It proposes penalties for a public official who orders or commits an arbitrary act by abusing their position, or who unlawfully refuses, fails, or delays to perform an act required by their duties. It covers an officer of the Public Force (Fuerza Pública) who, without justification, delays or denies legally requested assistance; a public official who requests its support to prevent compliance with orders or directives; and a failure to assist a private individual in danger. It addresses abandonment of office that harms public administration and defines when abandonment occurs. It also penalizes the usurpation of public functions or the improper continuation of their exercise.

The provisions penalize preventing or obstructing, through violence, intimidation, or deception, the duties of a public official or someone assisting that official, with aggravating circumstances for action by several people, use of a weapon, or commission during judicial proceedings. They also address the alteration of seals or marks placed by a competent authority and the removal, destruction, or alteration of documents held by public offices; they establish increases or reductions in sentences according to who had custody, whether the documents are returned, and the stage of the proceedings. Finally, the text lists the amended articles and provides for entry into force on the day after its promulgation in the Official Gazette (Gaceta Oficial). Its content concerns the Public Force, public offices, the administration of public resources, and people involved in administrative or judicial proceedings.