Bill 452.

Summary.

The bill declares its provisions to be matters of public order and social interest and provides that they would bind everyone within the national territory. It addresses limitation periods for offenses against sexual freedom and integrity when the victim is a minor. To do so, it amends the Criminal Code and the Criminal Procedure Code, covering both the limitation period for a sentence and the limitation period for bringing a criminal action.

Article 121 of the Criminal Code would state that sentences do not become time-barred for terrorism, crimes against humanity, and enforced disappearance of persons. The provision adds offenses against sexual freedom and integrity where the victim is under fourteen years of age or between fourteen and eighteen years of age. This proposed rule concerns the limitation period applicable to sentences for those offenses.

Article 116 of the Criminal Procedure Code would set out limitation periods for criminal actions according to the offense charged. For an offense punishable by imprisonment, the period equals the maximum prison sentence applicable to that offense. For an offense punishable by a penalty other than imprisonment, the criminal action becomes time-barred upon expiry of a three-year period. For embezzlement of public funds, unjustified enrichment, and property offenses against any public entity, the period equals twice the maximum provided by law. The article also provides that a criminal action does not become time-barred for terrorism, crimes against humanity, or enforced disappearance of persons. It extends that rule to offenses against sexual freedom and integrity where the victim is under fourteen years of age or between fourteen and eighteen years of age.

Article 119 of the Criminal Procedure Code specifies when the limitation period for a criminal action starts. For a completed offense, it runs from the day the offense was completed. For continuing and permanent offenses, it runs from the day they ceased. For an attempted offense, it runs from the day of the last act directed toward committing it. In cases of improper withholding of contributions, the period starts on the day the worker should have acquired the right to a pension or retirement benefit.

The bill expressly identifies the amendment to Article 121 of the Consolidated Text of the Criminal Code and the amendments to Articles 116 and 119 of the Criminal Procedure Code. It provides that the law would enter into force on the day after its promulgation. The text is submitted to the National Assembly (Asamblea Nacional) by the Government, Justice and Constitutional Affairs Committee (Comisión de Gobierno, Justicia y Asuntos Constitucionales). Its subject matter concerns institutions responsible for criminal prosecution and the administration of justice, as well as minor victims, accused persons, and workers covered by the rule on improperly withheld contributions.