Esta ley enmienda el Artículo 200 del Código Penal de Puerto Rico de 1974 para aumentar las penas por enriquecimiento ilícito de funcionarios públicos que utilizan información privilegiada obtenida a través de su cargo para beneficio personal o de terceros.
(Approved December 25, 2002)
To amend Article 200 of Act No. 115 of July 22, 1974, as amended, known as the "Puerto Rico Penal Code of 1974," in order to increase the penalties established in said Article on unlawful enrichment of public officials.
Article 200 of Act No. 115 of July 22, 1974, as amended, known as the "Puerto Rico Penal Code of 1974," typifies unlawful enrichment of public officials, while they perform their office in any agency of the Commonwealth of Puerto Rico, as a criminal act. In view of the many public scandals, where various officers have violated the trust placed on them by the people, the citizenry clamors for more action by the State to counteract this evil and more concern on public processes.
It is necessary for this Legislature to impose stronger criteria to try to prevent these practices that are so undesirable for the People of Puerto Rico. Therefore, this Act increases the penalties fixed in Article 200, supra, for unlawful enrichment by public employees who profit through the access to privileged information that they would only have known as a result of exercising their office or function.
Section 1.- Article 200 of the "Puerto Rico Penal Code of 1974," as amended, which typifies the unlawful enrichment of public officials is hereby amended, in order to increase the penalties for this crime, to read as follows: "Article 200.- Unlawful Enrichment of Public Officials. The public official or employee who, with the intent to obtain personal profit or that of a third party, uses information or data that only would have been known to him through his/her office or his/her powers, duties or responsibilities, shall be sanctioned by imprisonment for a fixed term of one (1) year. If aggravating circumstances occur, the established fixed penalty may be increased up to a maximum of eighteen (18) months; if extenuating circumstances occur, the penalty may be reduced to a minimum of nine (9) months, or a fine that shall not exceed five thousand $(5,000)$ dollars or both penalties, at the discretion of the Court."
Section 2.- This Act shall take effect immediately after its approval.
I hereby certify to the Secretary of State that the following Act No. 301 (H.B. 3067) of the $4^{ ext {th }}$ Session of the $14^{ ext {th }}$ Legislature of Puerto Rico:
AN ACT to amend Article 200 of Act No. 115 of July 22, 1974, as amended, known as the "Puerto Rico Penal Code of 1974," in order to increase the penalties established in said Article on unlawful enrichment of public officials, has been translated from Spanish to English and that the English version is correct.
In San Juan, Puerto Rico, today $30^{ ext {th }}$ of September of 2004.
Elba Rosa Rodríguez-Fuentes Director