CRIMINALIZATION AND DECRIMINALIZATION TRENDS IN VENEZUELA - A CASE IN POINT - PUBLIC ORDER OFFENSES (FROM CAPITULO CRIMINOLOGICO 5, P 35, 37-53, 1977)

• NCJ Number: 68039
• Author(s): A TINEO DE SUAREZ
• Date Published: 1977
• Length: 18 pages
• Publication Format: Article
• Language: Spanish
• Country: Venezuela

Annotation

BASED ON THE HISTORICAL EXAMINATION OF THE VENEZUELAN CRIMINAL CODES SINCE THE 1800'S, THIS STUDY FOCUSES ON THE CURRENT TREND TOWARD CRIMINALIZATION OF SOME HITHERTO IGNORED PUBLIC ORDER OFFENSES.

Abstract

STRESSING THE FACT THAT PUBLIC ORDER OFFENSES, IN CONTRAST TO CRIMES AGAINST PRIVATE PROPERTY, HAVE BEEN SHIELDED FROM PUNISHMENT UP TO NOW BY AN ONGOING DE-FACTO, AND ALSO DE-JURE, DECRIMINALIZATION (OR, NONCRIMINALIZATION), THIS STUDY WELCOMES A NEW TREND TOWARD REINFORCING THE PENAL SANCTIONS FOR PUBLIC ORDER OFFENSES BY MEANS OF LEGISLATION CURRENTLY (1975) BEFORE THE VENEZUELAN PARLIAMENT. THE LEGAL HISTORICAL PROCESS INVOLVING CERTAIN PUBLIC ORDER OFFENSES (EMBEZZLEMENT AND BRIBERY) IS TRACED TO THE VENEZUELAN CRIMINAL CODES OF THE NINETEENTH CENTURY. DETAILED LEGAL DEFINITIONS ARE GIVEN FOR PECULATION OR EMBEZZLEMENT (THE UNLAWFUL APPROPRIATION BY A DEPOSITORY OF PUBLIC FUNDS OF THE GOVERNMENT PROPERTY ENTRUSTED TO HIS CARE FOR HIS OWN USE OR THAT OF OTHERS) AND CORRUPTION OF PUBLIC OFFICIALS (BRIBERY AND ABUSE OF AUTHORITY), ALONG WITH EXCERPTS FROM PERTINENT VENEZUELAN CRIMINAL CODES. THE PROPOSED LEGISLATION ON PUBLIC ORDER OFFENSES INCLUDES SOME NEWLY CRIMINALIZED ACTS: INFLUENCE PEDDLING BY PUBLIC OFFICIALS; INEXCUSABLE NEGLIGENCE BY PUBLIC OFFICIALS WHICH ALLOWS THIRD PARTIES TO MISUSE AND/OR MISAPPROPRIATE PUBLIC FUNDS; MISMANAGEMENT AND/OR WASTE OF PUBLIC FUNDS. AN APPENDIX IS DEVOTED TO THE DETAILED DESCRIPTION OF THE LEGAL IMPLICATIONS OF THE ILLICIT ACCUMULATION OF WEALTH BY PUBLIC OFFICIALS, WHO ARE FOUND IN POSSESSION OF GOODS AND MONEY EXCEEDING BY FAR THEIR KNOWN FINANCIAL MEANS AND SOURCES OF INCOME. A BIBLIOGRAPHY IS APPENDED. --IN SPANISH (LGR)