Bill would narrow embezzlement crime and ease public disorder offense

Automatic summary, not yet reviewed

1. The bill would change the crime of embezzlement (malversación) so that only using public funds with the purpose of enriching oneself or another person is punished, not just any use different from the budgeted one.
2. It would add a new paragraph to Article 433 to treat less severely the purchase of goods or services with public funds without legal authorization when the official gains no enrichment or benefit.
3. For public disorder, the bill would require an actual result: violence against people or damage to things endangering life or health. Mere intimidation or an unsuccessful attempt would no longer be enough.
4. It would redefine the aggravated circumstances of public disorder: weapons, fires, flammable liquids or explosives, or deliberately caused stampedes at crowded events causing serious injuries. The size of the crowd or the participants being officials would no longer be aggravating factors.
5. It would delete paragraph 4 of Article 557, which punished provocation, conspiracy and proposal of public disorder, as it considers it disproportionate to criminalize such conduct in a results-based offense.
6. It would delete Article 557 bis, added in 2022, because the bill argues it could be used to prosecute peaceful demonstrations and affects the right of assembly.

Who it affects

• Public authorities and officials: The embezzlement offenses would be reformed, with different penalties depending on whether there is enrichment.
• People taking part in demonstrations or gatherings: The public disorder offense would require actual violence, and provisions that could reach peaceful protests would be removed.
• Judges and prosecutors: They would have narrower criminal offenses for embezzlement and public disorder.
• Those responsible for public spending: Different uses of public funds without enrichment could lead only to accounting or political responsibility, not criminal liability.

Words worth knowing

Malversación (embezzlement)

Crime committed by an authority or official who uses public funds or assets for a purpose other than the intended one.

Ánimo de lucro

Purpose of obtaining a profit or personal enrichment.

Delito de tendencia (intent-based offense)

An offense punished based on the author's intention, even if the result never happens.

Non bis in ídem

Principle that bars prosecuting a person twice for the same acts.

Responsabilidad contable (accounting liability)

Duty to repay money spent irregularly, without it being a criminal offense.

It summarizes the text as it was introduced. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries