PSOE and ERC agree to reduce to 4 years in prison and 6 years of disqualification from embezzlement for giving money a different use than intended

They propose that whoever returns the embezzled or collaborates "actively and effectively" with Justice sees their sentence mitigated

The PSOE and ERC have presented a compromise amendment in which they agree to create a new type of embezzlement that is punishable by up to 4 years in prison and 6 years of disqualification from giving public funds a use other than that intended, as well as imposing lesser penalties on those who repair the damage caused to public property or have collaborated "actively and effectively" with Justice.

The text, to which Europa Press has had access, supposes joining -with some modifications- the amendments proposed by ERC and by the PSOE to reform embezzlement, within the framework of the bill to eliminate the crime of sedition and create a new one of aggravated public disorders.

Thus, both sign the proposal that socialist sources advanced on Sunday, according to which a new type of embezzlement is created to punish with between 1 and 4 years in prison and between 2 and 6 years of disqualification for "the authority or public official who gives to the public patrimony administered by a public application different from the one to which it was intended", "if serious damage or hindrance to the service to which it was consigned results". In the event that this damage or hindrance is not appreciated, the disqualification would fall to between 1 and 3 years.

In addition, they propose that, if the culprit of any of the new types of embezzlement proposed --with or without profit-- "has effectively and fully repaired the damage caused to public property before the start of the oral trial or has collaborated actively and effectively with the authorities or their agents to obtain decisive evidence for the identification or capture of other perpetrators or for the complete clarification of the criminal acts, the judges and courts will impose the lower penalty by one or two degrees on the person responsible for this crime." .

For the rest, the amendment remains as the one presented last Friday by ERC, so that another type of embezzlement is created to differentiate the non-profit one -which would be the novelty- and keep article 432 in force for when there is yes there is

In this sense, they advocate punishing those who embezzle public money "with no intention of appropriating it" with less punishment -- between 6 months and 3 years in prison and disqualification from 1 to 4 years. Here, the only change operated by PSOE and ERC this Monday is that it is qualified that, instead of going for "private uses and outside the public function", it should go to "private uses".

As for the rest, the penalties of the current article 432 of the Penal Code (CP) would be preserved, ranging from 2 to 12 years in prison and from 6 to 20 years of disqualification, depending on whether there is more or less penalty than the amount embezzled

Although they maintain the penalties for the crime of embezzlement in force, they change the wording of article 432 to indicate that it refers to "the authority or public official who, for profit, appropriates or consents that a third party, with the same spirit, appropriates the public patrimony that he is in charge of by reason of his functions or on the occasion thereof".

All in all, what has been proposed by the PSOE and ERC means preserving the penalties for current embezzlement (between 2 and 12 in prison and 6 and 20 of disqualification) to apply them to cases for profit; and create two new types: one non-profit (punished with between 6 months and 3 years in prison and disqualification from 1 to 4 years) and another for when the embezzled does not go to "private uses" but to a purpose other than that intended (sanctioned with between 1 and 4 years in prison and 2 to 6 years of disqualification).