Draft bill 120.

Summary.

The draft bill proposes to amend Article 354 of the Criminal Code (Código Penal). The proposed wording would punish a person who, using influence or pretending to have it, requests or receives money, property, or another benefit of economic value or legal effect, accepts a promise of such a benefit, or promises one for their own benefit or that of a third party. The conduct must be intended to obtain a benefit from a public official or a foreign public official of an international organization in a matter that the official is handling or may handle. The article sets imprisonment from five (5) to ten (10) years for that conduct.

The proposal provides that the penalty under Article 354 would increase by one third to one half if any listed circumstance occurs. The first concerns an offender who is a hierarchically superior or high ranking public official and knows or should know about the matter. The second covers influence peddling aimed at the award of public contracts, concessions, tenders, or State purchases. The third concerns an economic benefit obtained or sought that exceeds B/.100,000.00.

The remaining circumstances concern the areas affected, participation by public officials, use of information, and consequences of the act. The increase would apply where social programs, health services, education, public security, or the administration of justice are affected. It would also apply where two or more public officials act together in concert, or where the offender uses confidential or privileged information obtained by reason of their position. The final circumstance covers conduct causing serious economic harm to the State or affecting public trust in institutions.

The text also contains an indicative article that again states that Article 354 of the Criminal Code is amended. Its final provision states that the proposed law would take effect upon promulgation. The amendment addresses the conduct subject to punishment, the applicable term of imprisonment, and the circumstances permitting an increase in that penalty within the same article.

Given its subject matter, the proposal relates to public officials and institutions that handle matters submitted to them, as well as the administration of justice responsible for applying the Criminal Code. It could also be relevant to participants in public contracts, concessions, tenders, and State purchases, and to sectors associated with social programs, health, education, and public security. The reference to a foreign public official of an international organization also encompasses matters that such an official handles or may handle.