Modifies Provisions Of The Code Criminal That They Punish Crimes Of Corruption

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

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(("Article 1.-Introducense the following amendments to the criminal code: 1) amending article 157 in the form indicated: to) in subsection first, replace the phrase temporary" special disqualification for employment"by"temporary disqualification for offices and public offices".
(b) replace the second paragraph by the following: "If the levying of the contribution or personal service is made for profit, employee guilty shall be punished in accordance with the provisions of paragraphs 2 to 8 of the title IX, as appropriate.".
(2) Suprimense articles 216, 217, 218 and 219.
(3) replace article 220 with the following: ' article 220. Public employee who knowingly designare in public office who is affects legal disability which prevents him from exercising it, shall be punished with the penalty of temporary special disqualification in any of its degrees and a fine of five to ten monthly tax units. ".
((4) amended article 240 of the following way: to) added in the third sub-paragraph, after the dot (.), which is replaced by a comma (,), the following expression: "or people linked to it for adoption.".
(b) incorporate the following fourth paragraph: "in addition, shall be punished with equal penalties public employees who in business or operation that must intervene by reason of their office give interest to third parties associated with it or with persons referred to in the preceding paragraph, or societies, associations or businesses in which such third parties or persons interested social greater than ten per cent if the society is anonymous, or exercise your administration in any way. ".

(5) introduce, then article 240, the following article 240 bis: "article 240 bis. The penalties established in the preceding article shall be also applied to the public employee who, being interested directly or indirectly in any kind of contract or transaction in which another public employee should intervene, pursues influence in this to get a decision favorable to their interests.
The same penalties will be imposed to the public employee, to give interest to any of the people expressed in paragraphs third and final of the preceding article in any kind of contract or transaction in which another public employee should intervene, pursues influence on it to obtain a decision favorable to those interests.
In the cases referred to in this article, the judge may impose the penalty of perpetual absolute disqualification for public crafts or charges. ".

(6) replace article 241, by the following: ' article 241. Public employees who directly or indirectly cause such greater rights of those who are designated by reason of their office, or an economic benefit for himself or a third party to execute or have executed an act of his position because of which you are designated rights, shall be punished with disqualification temporary positions or trades public in any of its degrees and fine of the duplo to fourfold rights or benefit earned. ".

(7) added to article 246 the following third paragraph: "the penalties referred to in the preceding subparagraphs shall apply, as appropriate, public employees who improperly anticipare otherwise knowledge of documents, acts, or papers to be in charge and that they need to be published.".
(8) be added in paragraph 8 of title V of book II, then of article 247, following article 247 bis: "article 247 bis. The public employee who, making use of a secret or reserved specific information, that is known because of his position, obtains a profit for himself or for a third party, shall be punished by the deprivation of freedom of the previous article and fine of the benefit earned triple both. ".
(9) replacements articles 248, 249, 250, 251, contained in paragraph 9 of title V of book II, by the following: ' article 248. Public employees who request or accept such receive greater rights of those who are designated by reason of their office, or an economic benefit for himself or a third party to execute or have executed an act of his position because of which you are designated rights, shall be punished with suspension in any of its degrees and a fine of half aware of the rights or the benefit requested or accepted.
Article 248 bis. Public employees who request or accept such receive an economic benefit for himself or a third party to ignore or for have omitted a proper act of his position, or to execute or have executed an act with breach of the duties of his office, shall be subject to the penalty of imprisonment less in its minimum degree to medium, and also with the penalty of special or absolute disqualification for charges or temporary public offices in any of its degrees and fine of the both the duplo avail requested or accepted.
If a breach of the duty of the office consistiere in influence other public employee for this a decision that can generate a benefit for a third party, the penalty of special or absolute disqualification for office or public office perpetual, in addition to the penalties of imprisonment and fine set forth in the preceding paragraph shall be imposed.
Article 249. Public employees who request or accept such receive an economic benefit for himself or for a third party to commit any of the crimes or simple offences expressed in this title, or in the paragraph 4 of title III, shall be punished with the penalty of perpetual special disqualification and temporary disqualification, or with perpetual absolute disqualification for public crafts or charges , and a fine of both to the triple of the most requested or accepted.
Provisions of the preceding paragraph is understood without prejudice to the penalty applicable to the offence committed by public employees. If that sentence proves lower than the specified for the sobornante in the second paragraph of the following article, applies to the employee the penalty established in this latter provision.
Article 250. That should make a offer or consintiere in a public employee give an economic benefit to perform actions or omissions identified in the articles 248, 248 bis and 249, is incurred, or by having them made or have incurred therein, shall be punished by the same penalties of fine and disqualification set out in those provisions.
Regards the consented or benefit offered in connection with actions or omissions specified in article 248 bis, the sobornante will be punished, in addition, with the lower half degree imprisonment.
Case of the consented or benefit offered in connection with the crimes or simple offences set out in article 249, the sobornante will be considered inductor according to article 15 No. 2.
Article 250 bis. In cases in which the offence under the preceding article may have intended the conduct or omission of a performance of the mentioned in the articles 248 or 248 bis which without cause criminal in favour of processing, and is committed by his spouse, ascendants or descendants consanguineous or related, by a collateral blood or related up to the second degree inclusive , or per person linked to it for adoption, only shall be responsible for fine matching under the aforementioned provisions.
Article 251. The goods received by the public employee will always fall in comiso.
In the case of article 249 article 250, second paragraph, for the application of penalties of suspension or debarment fishing as ancillary to custodial sentences shall apply the following rules: 1 ° if the accessory penalties are more severe than those laid down in article 249, will be imposed the first, at its maximum extent , and 2nd if the penalties laid down in article 249 shall be more severe than the accessory penalties, will be imposed in all the extension which is not less than the maximum degree of the accessory. ".