Penal Code (Honduras) UT [Excerpts]

*Unofficial Translation* HONDURAS PENAL CODE (Excerpts) BOOK II SPECIAL PART TITLE XIII CRIMES AGAINST PUBLIC ADMINISTRATION CHAPTER V BRIBERY Article 361. - The public official or employee to request, receive or accept, by itself or through another person, gift, present, offers, promises or other improper advantage for performing an act contrary to his duties as a criminal offense, shall be punished by imprisonment of five (5) to seven (7) years disqualification for twice the duration of the confinement, subject to the penalty for the crime committed because of the gift or promise. [203]

Article 362. - The public official who request, receive or accept, directly or indirectly, gifts, presents, offers, promises or other improper advantage for an unjust act not constituting a crime relating to the exercise of his office, shall be punished with imprisonment two (2) to five (5) years. If the act never consummates, the defendant be punished by imprisonment of one (1) to three (3) years. In both cases, disqualification will apply equal to twice the duration of the detention. [204]

Article 363. - When the gift or present requested, received or promised was entered to the public official or employee to refrain from performing an act that should play in fulfilling its legal obligations, the penalty is imprisonment of two (2) five (5) years, but disqualified twice the duration of the detention.

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Article 364. - The provisions of the three (3) preceding Articles shall apply to arbitrators, arbitrators, experts or any person performing a public function.

Article 365. - The public official or employee to accept a gift or benefit of any kind from anyone with a matter submitted to it is punishable by imprisonment of one (1) to four (4) years of twice disqualification the duration of the detention. [206]

Article 366. - Domestic Bribery. - Any natural person intentionally to offer or grant, directly or indirectly to a public official or a person who performs public functions, any article of monetary value or other benefit, as favor, promise or advantage for himself same, or another person, in exchange that the official act or refrain, in the exercise of their official duties, shall be punished by imprisonment of five (5) to seven (7) years, plus disqualification for the duration of the detention without prejudice to the penalty for the crime committed because of the gift or promise.

The natural person who aids, abets or conspires to commit the acts described in the preceding paragraph, shall be punished with imprisonment half time over disqualification equal to duration of the detention.

Legal persons participating in any of the acts described above will be penalized according to the following: 1) 2) 3)

The above provisions for legal persons is without prejudice to the provisions of Article 34-A of this Code.

People who in good faith report acts of corruption described above, will be protected by the relevant authorities. [207]

Article 366-A. - Transnational Bribery: Any natural person subject to the jurisdiction of Honduras, who offer, promise or give any benefit, financial or otherwise, directly or indirectly, to a public official or other State or international organization, for that official or to another person in order that the official act or refrain from acting in the execution of their official duties, to obtain or retain business or other improper advantage of any economic or commercial, shall be punished by imprisonment of five (5) seven (7) years, but disqualified equal to duration of the detention.

The natural person who aids, abets or conspires to commit the acts described in the preceding paragraph, shall be punished with imprisonment half time over disqualification equal to duration of the detention.

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Legal persons subject to the jurisdiction Honduran participating in any of the acts described above will be penalized according to the following: 1) 2) 3) The above provisions for legal persons is without prejudice to the provisions of Article 34-A of this Code.

People who in good faith report acts of corruption described above, will be protected by the relevant authorities. [208]

Article 367. - REPEALED. [209]

Article 368. - The present gifts or referred the foregoing Articles shall be confiscated and turned over to the municipal corporation publicly having jurisdiction in the place where the offense was committed to social interest projects. [210]

Article 369. - The judge who accepts a gift, a present, a promise or a loan to make, take or refrain from issuing an order, judgment or decision on any matter that is pending, shall be punished by imprisonment of five (5) seven (7) years, plus disqualification for twice the duration of the detention.

The penalties provided in this article and in the precedents of this chapter shall apply, as appropriate, who as a member of a judicial panel or tribunal, vote in a certain way through bribery. [211]

Chapter V-A Article 369-A. - The public official or employee to influence other public official or employee taking advantage of the powers of his office or any other situation arising from his personal relationship with him or hierarchical or other officer or employee to get a resolution that may directly or indirectly generate economic benefit or any other kind for himself or for another, shall incur the penalties of imprisonment of four (4) to seven (7) years, plus a fine of one hundred thousand (L. 100 , 000.00) to one hundred fifty thousand (L. 150, 000.00) lempiras, and absolute disqualification for twice the duration of the detention. If you get the benefit sought, the confinement is six (6) to nine (9) years, a fine equal to twice the profit and disqualification of five (5) to eight (8) years. [212]

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Article 369-B. - The particular influence an officer or employee taking advantage of any situation arising from his personal relationship with one person or another public official or employee to get a resolution that you can generate, directly or indirectly, a financial or any other kind for himself or for another, shall be punished according to the chaos, with prison sentences and fines set forth in the preceding article.

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Article 369-C. - Those who offered to perform the acts described in the foregoing Articles of third handouts request, present or any other remuneration or gratuity, or accept an offer or promise, shall be punished with imprisonment of three (3) to six (6) years, plus a fine of fifty thousand (L. 50, 000.00) to one hundred thousand (L. 100, 000.00) lempiras. [214] In any of the cases referred to in this Article, the judicial authority also imposed the suspension of the activities of the natural or legal person, organization or office and the closure of their establishments or offices open to the public for a term of two (2) four (4) years.

Article 369-A. - In the cases provided for in this chapter and the preceding, the gifts, presents, commissions or gifts will be confiscated. [215]

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