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AMENDS PROVISIONS OF THE PENAL CODE THAT SANCTION CORRUPTION OFFENCES

Original Language Title: MODIFICA DISPOSICIONES DEL CODIGO PENAL QUE SANCIONAN DELITOS DE CORRUPCION

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[passage] [passage] [passage] [passage] [passage] [passage] [passage] [passage] [passage] [passage] [passage] [passage] [passage] [passage] [passage] [passage] [passage] [passage] [passage] [passage] [passage] [passage from the Spanish Amend Article 157 as follows: (a) In the first subparagraph, replace the phrase 'temporary special disablement for employment' by 'temporary absolute disablement for public office and office'. (b) Replace the second indent by the following: ' If the (a) the guilty employee shall be punished in accordance with the provisions of paragraphs 2 or 8 of Title IX, as appropriate. ' 2. Articles 216, 217, 218 and 219 shall apply. 3. Substitute Article 220 for the following: ' Article 220. The public employee who will knowingly appoint a person who is in a public office to be affected by legal inability to exercise him or her will be punished with the penalty of temporary special disablement in any of his grades and a fine of five. (4) Amend Article 240 as follows: (a) Add in the third subparagraph, after the point (.), which is replaced by a comma (,), the following expression: '' or persons linked to it by adoption. '' b) Incorporate the following fourth indent: '' Likewise, the same penalties shall be imposed on the a public employee who in the business or operation in which he is required to intervene on the basis of his or her duties shall be of interest to third parties associated with him or to the persons referred to in the preceding subparagraph, or to companies, associations or undertakings in which such third parties or those persons have a social interest, more than ten per cent if the company is anonymous, or (5) The following Article 240 (a) shall be inserted after Article 240: ' Article 240 a. The penalties laid down in the preceding article shall also apply to the public employee who, directly or indirectly, in any kind of contract or operation in which another public employee is required to intervene, has an influence on the public to obtain a decision in favour of their interests. The same penalties shall be imposed on the public employee who, in order to give an interest to any of the persons expressed in the third and final points of the preceding article in any kind of contract or operation in which another employee is required to intervene (a) the public, exercising influence on it in order to obtain a decision in favour of those interests. In the cases referred to in this Article, the judge may impose the sentence of absolute imprisonment for public office or office. ` ` 6. Substitute Article 241, as follows: '' Article 241. The public employee who, directly or indirectly, requires greater rights than are indicated to him by reason of his or her office, or an economic benefit to himself or a third party to execute or to have executed an act of his or her own office on the basis of which they are not entitled to it, will be punished with absolute temporary disablement for posts or public offices in any of their degrees and fine of the duplicator of the rights or the profit obtained. '' 7) The following third indent: ' The penalties referred to in the preceding subparagraphs shall apply, the public employee who is unduly anticipating in any way the knowledge of documents, acts or papers which he or she is responsible for and which must be published. ' 8) Add to Title V of Title V of Book II, Article 247, the following Article 247a: ' Article 247a. The public employee who, by making use of a secret or specific information reserved, that he has knowledge on the basis of his position, will obtain an economic benefit for himself or for a third party, will be punished with the custodial sentence (9) Substitute Articles 248, 249, 250 and 251, contained in paragraph 9 of Title V of Book II, by the following: " Article 248. The public employee who will request or accept to receive greater rights than are indicated to him by reason of his or her office, or an economic benefit to himself or a third party to execute or to have executed an act of his own office on the basis of which You are entitled to be punished with suspension in any of your degrees and fine of half to the extent of the rights or the benefit requested or accepted. Article 248a. The public employee who will request or accept to receive an economic benefit for himself or a third party to omit or to have omitted an act of his or her own charge, or to execute or have executed an act with infraction to the duties of his office, will be punished with the lesser imprisonment in its minimum grades in the middle, and in addition, with the penalty of special or absolute disablement for temporary posts or public offices in any of its degrees and fine of both the double profit requested or accepted. If the offence to the duty of the charge consists in exercising influence on another public employee in order to obtain from him a decision which may make a profit for a third party, the penalty of special or absolute disablement shall be imposed. for a post or a perpetual public office, in addition to the sentences of imprisonment and fine established in the preceding paragraph. Article 249. The public employee who will request or agree to receive an economic benefit for himself or for a third party to commit any of the crimes or simple crimes expressed in this Title, or in paragraph 4 of Title III, shall be punishable by (a) a special term of life and a temporary disqualification, or with a maximum of life imprisonment for public office or office, and a fine of either a tripling of the benefit applied for or accepted. The provisions of the foregoing paragraph are without prejudice to the penalty applicable to the offence committed by the public employee. If that penalty is lower than the one indicated for the bribe in the second indent of the following Article, the employee shall be subject to the penalty laid down in the latter provision. Article 250. The person who offers or consents to give an employee an economic benefit to carry out the actions or to the omissions referred to in Articles 248, 2424a and 249, or to have made or incurred them, shall be punished. with the same penalties of fine 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 bribing shall be punished, in addition, with the penalty of minor seclusion in his/her middle grade. In the case of the benefit granted or offered in connection with the crimes or simple offences referred to in Article 249, the bribing shall be deemed to be an inductor in accordance with Article 15 (2). Article 250a. In cases where the offence provided for in the preceding Article has the purpose of carrying out or omission a performance of those referred to in Articles 248 or 248a, which shall be a criminal offence in favour of the prosecution and shall be committed by his spouse, by any of his or her relatives, consanguineous or related descendants, by a consanguineal collateral or afin up to the second degree inclusive, or by person linked to it by adoption, only the corresponding fine shall be imposed on the person responsible in accordance with the abovementioned provisions. Article 251. The goods received by the public employee will always fall in comiso. In the case of Article 249 and Article 250, second indent, for the application of the penalties of suspension or disqualification corresponding to the quality of access to custodial sentences, the following rules shall apply: By way of a more serious nature than those laid down in Article 249, the first, to its maximum degree, and 2 if the penalties laid down in Article 249 are more serious than the ancillary penalties, shall be imposed in the whole of the an extension which is not less than the maximum degree of access. '' Article 2.-Add the following final point to article 1 of the decree with force of law No. 707, 1982, of the Ministry of Justice: '' With everything, in the criminal cases followed against public employees, prosecuted for crimes committed in the exercise of his duties, the judge may order the exhibition of the complete movement of his current account and of the respective balances. '' And because I have had to approve and sanction it; therefore, promulgate and take effect as the Law of the Republic. Santiago, 02 December 1999.-EDUARDO FREI RUIZ-TAGLE, President of the Republic.-Maria Soledad Alvear Valenzuela, Minister of Justice. What I transcribe to you for your knowledge.-Salutes intently to Ud., José Antonio Gómez Urrutia, Assistant Secretary of Justice.