Draft bill 25.

Summary.

The draft bill adds a chapter to the Criminal Code on full compensation for financial losses arising from a criminal offense. It proposes that every conviction involving the taking, appropriation, loss, destruction, deterioration, or impairment of property expressly address that compensation. Depending on the case, compensation would include the return of property, payment of its value when it cannot be recovered, payment of the commercial value of affected property, and its repair, replacement, or restoration. It would also cover material damage caused during the offense, documented expenses to restore the prior situation, associated costs, the economic value unlawfully obtained, proven lost profits, and other financial losses arising from the offense.

Compensation would cover both the principal object of the offense and incidental damage caused during its commission, including damage to vehicles, components, security systems, equipment, infrastructure, homes, commercial premises, and merchandise. To value stolen property that is not recovered, the text provides for documented commercial value, purchase records, expert appraisals, average market prices, and other means permitted by law. In case of doubt, it requires an interpretation favorable to effective compensation for the victim. If 2 or more people are involved, all would be jointly and severally liable for the full amount of the financial loss. The obligation to compensate would survive the completion, substitution, suspension, or extinguishment of the principal sentence. Financial obligations imposed by a final judgment would constitute an enforceable title once the 60-calendar-day restitution period following the judgment’s entry into force has expired, without prejudice to procedural enforcement measures.

The draft bill amends Article 134 of Law 40 of August 26, 1999. It would require every decision finding an adolescent responsible for an offense that causes financial loss to a third party to address full compensation. This would include the return of property, payment of the value of property not recovered, repair or replacement, damages and restoration costs, proven lost profits, and other financial losses. Parents, guardians, custodians, or legal representatives would be jointly and severally liable for those obligations. The compensation obligation would remain in effect regardless of measures imposed under the special regime; financial obligations would constitute an enforceable title, and civil actions could be brought for damages not covered or compensated in the criminal decision.

The text also amends Article 319 of the Family Code to include, among the duties arising from parental authority, joint and several liability for financial losses caused to third parties by minor children. It adds Article 319-A to make civil liability enforceable against those exercising parental authority, custody, guardianship, or legal representation. The final provision lists the amendments to the Criminal Code, Law 40 of 1999, and the Family Code, and sets promulgation as the date the law would take effect. Given its content, it would be relevant to judicial authorities, victims of criminal offenses, adolescents and their representatives, and owners of affected homes, businesses, vehicles, and equipment.