Summary.
The bill amends Article 331 of the Criminal Code (Código Penal), which addresses an increase in the penalty imposed on a promoter, leader or head of an unlawful association or gang. Article 1 sets out the proposed wording of that provision. Under it, acting as a promoter, leader or head is the circumstance to which an increase of up to one third of the penalty is attached. The rule covers a person who holds that role in either an unlawful association or a gang.
The proposed wording also provides for an increase of up to one half of the penalty when the promoter, leader or head enlists, recruits, induces, uses or instrumentalizes minors. This circumstance is expressly tied to the commission of offenses that are the object of the unlawful association or gang. The article thus connects the involvement of minors to the offenses pursued by the association or gang to which the person involving them belongs. It lists five forms of conduct toward minors: enlisting, recruiting, inducing, using and instrumentalizing them.
Both increases are expressed as upper limits: up to one third for a promoter, leader or head of an unlawful association or gang, and up to one half when that person engages in any of the listed conduct toward minors for the specified offenses. The bill places both rules in Article 331 of the Criminal Code. The second rule identifies the person engaging in the conduct—the promoter, leader or head—as well as the minors involved and the criminal purpose to which the provision refers.
Article 2 states that the proposed law amends Article 331 of the Criminal Code. It thereby identifies the statutory provision addressed by the amendment set out in Article 1. Article 3 provides that the law would take effect upon its promulgation in the Official Gazette (Gaceta Oficial). The proposed change would therefore be incorporated into the Criminal Code through the replacement wording of Article 331, subject to the commencement rule stated in the bill itself.
The bill's subject matter concerns the application of the Criminal Code by public institutions responsible for criminal investigation, adjudication and the enforcement of penalties. It could also be of interest to people investigated or tried as promoters, leaders or heads of unlawful associations or gangs; minors who may be involved in the described offenses; and people working in criminal justice and child protection.
What it proposes.
- Penalty increases for promoters, leaders or heads of unlawful associations or gangs.
- Penalty increases for involving minors in offenses that are the object of those groups.
- Amendment of Article 331 of the Criminal Code.
Who it would affect.
- Promoters, leaders or heads of unlawful associations.
- Promoters, leaders or heads of gangs.
- Minors enlisted, recruited, induced, used or instrumentalized in the specified offenses.
Key points.
- Proposes new wording for Article 331 of the Criminal Code.Art. 1
- Provides for an increase of up to one third of the penalty for a promoter, leader or head of an unlawful association or gang.Art. 1
- Provides for an increase of up to one half when that promoter, leader or head enlists, recruits or induces minors to commit offenses that are the object of the association or gang.Art. 1
- The increase of up to one half also covers using or instrumentalizing minors to commit those offenses.Art. 1
- Expressly identifies Article 331 of the Criminal Code as the provision being amended.Art. 2
- Provides for commencement upon promulgation in the Official Gazette.Art. 3