Summary.
The draft bill amends Article 392 of Law 14 of May 18, 2007 (Ley 14 de 18 de mayo de 2007), the Criminal Code (Código Penal), concerning the receiving of property derived from an offense. It retains imprisonment for two to five years and a fine equal to three times the value of the property involved for a person who did not participate in the prior offense and, outside the cases covered by the preceding article, acquires or receives money, securities or objects known or presumed to derive from an offense, or takes part in their acquisition, trafficking, receipt or concealment. It sets imprisonment for four to six years where the property is public or used to provide a public service.
The same article proposes imprisonment for four to six years when a mobile device is the object of the receiving offense and any listed circumstance applies. These circumstances include acquiring, receiving, marketing or participating in the circulation of a device whose IMEI number or other technical identifier is reported stolen in records or verification systems enabled by the competent telecommunications authority. They also include those activities involving a device with an identifier that has been modified, altered, erased, duplicated or replaced, where the person knows of that condition. The provision further covers a person who, through a business involving the purchase, sale, brokerage or repair of mobile devices, facilitates the circulation of property derived from an offense.
Article 2 adds Article 392-A. It proposes imprisonment for two to five years for a person who knows a mobile device derives from an offense and fraudulently modifies, alters, erases, duplicates, replaces, interferes with, manipulates or reconfigures its IMEI number or another unique technical identifier through a suitable technological or computer based means. The same penalty would apply even without proof of that knowledge if the conduct is intended to facilitate the marketing, concealment or circulation of mobile devices derived from an offense. The penalty would be three to six years if the conduct is for profit, involves more than five (5) mobile devices, abuses technical knowledge or a business, technical or professional activity, or is intended to facilitate other offenses or benefit a criminal organization or organized criminal group.
Article 3 adds Article 392-B. It provides for forfeiture of instruments, equipment, software and other means used to commit the offenses under Articles 392 and 392-A, in accordance with Article 122 of the Criminal Code. A direct link to the offense must be demonstrated, without prejudice to the corresponding criminal liability. Article 4 identifies the amendments and additions to Law 14 of May 18, 2007; Article 5 provides that the proposed law would take effect upon promulgation.
The draft bill concerns the competent telecommunications authority and could interest or affect people and businesses that buy, sell, broker or repair mobile devices, as well as those involved in criminal proceedings concerning receipt of property derived from an offense or alteration of device identifiers.
What it proposes.
- Receipt of property derived from an offense.
- Receipt of stolen mobile devices or devices with altered identifiers.
- Fraudulent alteration of an IMEI number or another unique technical identifier.
- Forfeiture of means directly linked to those offenses.
Who it would affect.
- People who acquire, receive or participate in the circulation of property derived from an offense.
- People engaged in buying, selling, brokering or repairing mobile devices.
- People who fraudulently alter identifiers of mobile devices derived from an offense.
Key points.
- Receiving money, securities or objects derived from an offense would carry imprisonment for two to five years and a fine equal to three times the value of the property involved.Art. 1
- The penalty would be four to six years if the property is public or used to provide a public service.Art. 1
- Receiving a mobile device would carry four to six years where a listed circumstance concerning a theft report, an altered identifier or circulation facilitated through a business applies.Art. 1
- Fraudulent manipulation of the IMEI or another unique technical identifier of a device derived from an offense would carry imprisonment for two to five years in the specified circumstances.Art. 2
- The penalty for manipulating identifiers would be three to six years where any of the listed aggravating circumstances applies.Art. 2
- Means used to commit the offenses under Articles 392 and 392-A would be forfeited if their direct link to the offense is demonstrated.Art. 3
- The draft bill identifies the provisions it amends and adds, and provides for entry into force upon promulgation.Arts. 4-5