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AMENDS THE CRIMINAL CODE WITH RESPECT TO THE CRIME OF CO-FACT

Original Language Title: MODIFICA EL CODIGO PENAL RESPECTO DEL DELITO DE COHECHO

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CHANGES THE PENAL CODE WITH RESPECT TO THE CRIME OF CO-FACT, bearing in mind that the National Congress has given its approval to the following Bill: " Single article.-Please introduce the following amendments to the Penal Code: 1. Replace the second paragraph of Article 249 with the following: " The provisions of the foregoing paragraph are without prejudice to the penalty applicable to the offence committed by the public employee, which shall not be lower, in any case, to that of imprisonment. "........................................................................................ the omissions referred to in Articles 248, 248a and 249, or have been made or incurred in they shall be punished with the same penalties as fines and disablement as laid down in those provisions. In the case of the benefit granted or offered in connection with the actions or omissions referred to in Article 248a, the briber shall be punished, in addition, with a lesser sentence of imprisonment in his/her minimum degree in the medium, in the case of the benefit offered, or minor seclusion to its minimum degree, in the case of the consent. In the case of the benefit granted or offered in connection with the crimes or simple offences referred to in Article 249, the briber shall be punished, in addition, with a lesser sentence in his/her middle grade, in the case of the benefit offered, or minor seclusion in its minimum grades in the middle, in the case of the consent. In such cases, the bribing may not be punished, in addition, for the responsibility that has been given to him in the crime or the simple crime committed by the official. " 3. Add the following Article 250a A, new: " Article 250a A.-The one offering to give a foreign public official an economic benefit, for the benefit of the latter or of a third party, to carry out an action or to make an omission with a view to the obtaining or maintenance, for each other, of any business or advantage in the field of international commercial transactions, shall be sanctioned with the same imprisonment, fine and disablement as set out in the first paragraph of the article 248a. In the same way, it will be punished to give the mentioned benefit to a foreign public official for having made or to have incurred the actions or omissions indicated. The fact that, in the same hypothesis as those described in the previous paragraph, consintiere to give the said benefit, will be punished with lesser imprisonment in its minimum degree, in addition to the same penalties of fine and disablement as indicated. " 4. Add the following Article 250a B, new: " Article 250a B.-For the purposes of the foregoing Article, a foreign public official is considered to be a person who has a legislative, administrative or judicial position in a country abroad, has been appointed or elected, as well as any person exercising a public function for a foreign country, either within a public body or a public service undertaking. Any official or agent of an international public organisation shall also be deemed to have been an official. ' And because I have had to approve and sanction it; therefore, promulgate and take effect as the Law of the Republic. Santiago, 30 September 2002.-RICARDO LAGOS ESCOBAR, President of the Republic.-José Antonio Gómez Urrutia, Minister of Justice.-Mario Fernández Baeza, Minister Secretary General of the Presidency.-Nicolas Eyzaguirre Guzmán, Minister of Finance. What I transcribe to you for your knowledge.-Salutes intently to Ud., Jaime Arellano Quintana, Assistant Secretary of Justice.