The National Assembly penalizes the so-called “vaccines” sets a jail term of up to 7 years and forces a fine of up to $36,000

With a large majority, this January 5, 2023, the National Assembly approved a project that reforms nine laws on comprehensive security where a restructuring of the penitentiary system is proposed, toughens the penalties for the so-called “vaccines”, addresses issues of citizen security and national defense.

There were 117 legislators who spoke in favor of the motion raised by the legislator, Ramiro Narváez (ID), who chairs the legislative table that processed and processed the observations that arrived during the socialization of the reformatory organic law project to various legal bodies for the Strengthening Institutional Capacities and Comprehensive Security.

The obligation of the entities that are linked to security to coordinate actions is established, which cannot be understood as interference or alteration of functions.

Regarding the so-called “vaccines”, a text is incorporated into article 185 of the Comprehensive Organic Penal Code (COIP) that is related to the crime of extortion, where a penalty between 5 and 7 years and a fine between 20 and 24 are established. Unified Basic Salaries (SBU).

But the penalty and fine are aggravated if the crime of extortion is committed periodically or repetitively, and if the extortion through “vaccines” is executed with the threat of death, injury or kidnapping.

Regarding the crime of theft, the penalty and fines are also aggravated:

1. With a penalty of 5 to 7 years and a fine of 20 to 40 SBU if the robbery occurs with force against people, if it is executed with a knife, firearm or objects that simulate it.
2. From 7 to 10 years and a fine of 40 to 80 SBU if the crime of theft is committed on public or seized assets that do not constitute war material or substances subject to control.
3. A penalty of 10 to 13 years and a fine of 80 to 120 SBU is established, if the crime of theft is on war material or scheduled substances subject to control.

The composition of the Public and State Security Council is reformulated by incorporating as part of that body the National Council of the Judiciary, the Transparency and Social Control Function, the Minister responsible for the National Intelligence System and the Technical Body of the National System for Social Rehabilitation and comprehensive care for adolescent offenders.

The bill also creates a Criminal Policy Council made up of fifteen members and chaired by the governing body for criminal policy and human rights, responsible for preventing and combating crime. A representative of the social front is included.

In this regard, legislator Nathalie Arias (BAN), stressed that this entity must be an elite institution within the country and that now it is necessary against organized crime that has sophisticated overtones and that even exceeds actions within the nation, therefore, the criminal policy plan must be widely disseminated before it enters into full force and is adopted by the respective instances.

The reforms incorporate the intervention of the armed forces in areas related to security in accordance with the current legal system.

Regarding social rehabilitation, it is expressly prohibited that the location of persons deprived of their liberty is based on the criteria of belonging to an organized crime group.

Neither may the jurisdictional guarantees of habeas corpus or protection action be used to appeal transfers.

In the case of recruitment of boys, girls and adolescents between 13 and 16 years of age, a penalty between 10 and 13 years is set for whoever recruits and the crimes are related to the commission of trafficking in controlled substances, crimes against property, crimes against life, against sexual and reproductive integrity, organized crime, human trafficking, migrant smuggling, hit men, extortion, robbery or terrorism.

In the debate, the legislator Pierina Correa (UNES), asked the room to exclude from the project all the reforms that are made to the Code for Children and Adolescents, taking into account that she presides over a commission that is currently processing a related Code with this matter on comprehensive protection. But, the plenary of the Assembly ended up approving the report as it was presented by the Commission for Sovereignty, Integration and Integral Security.

The project applies reforms to nine legal bodies:

• State Public Safety Law
• Organic Law of National Defense
• Comprehensive Criminal Organic Code
• Organic Code of Citizen Security and Public Order Entities
• Code of childhood and adolescence
• Domain Forfeiture Organic Law
• Organic Code of the Judicial Function
• Organic Law of Public Service Telecommunications Law (YO)