To punish irregular budgetary deviation within the same public administration
PSOE and Unidas Podemos will present this Monday in Congress a proposal to reform the Criminal Code that adds a new type of embezzlement that penalizes irregular budgetary deviation within the same public administration with up to four years in prison and six years of disqualification, according to what has been advanced this Sunday the newspaper La Vanguardia.
In this way, the maximum penalty applicable with the current Penal Code, which establishes up to six years in prison and ten years of disqualification for embezzlement, would be reduced by two years.
The Government considers that with this proposal not a single case of embezzlement is left decriminalized, not even the slightest, which would be the newly created, even the most serious and even other behaviors that are not now punished, which would also be included, such as that of illicit enrichment for those positions that obtain an increase in assets of more than 250,000 euros during their term, who cannot prove their origin, and which would entail up to three years in prison.
The objective of the Executive is that no action that supposes a diversion of public funds, whatever its destination, is exempt from punishment, although more assumptions and gradations are distinguished, according to the newspaper.
The current Criminal Code is the one that the PP modified in 2015 and establishes a crime of embezzlement regardless of the destination of the diverted money whose punishment ranges from two to six years in prison (between six and ten of disqualification), with a aggravated type that can reach eight years in prison or even twelve.
The PP eliminated any previous distinction on whether there was personal profit or not. It was considered that any diversion of public funds was considered embezzlement and a very wide range of penalties was set.
ERC presented a proposal on Friday that recovers the distinction and for which sentences of two to six years would be left for those who commit embezzlement to profit themselves or third parties. And the penalties would be lowered (six months to three years in jail, and from one to four years of disqualification) for those who allocate public assets “without the intention of appropriating it” for “private uses.”
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