Influence Peddling

In the Chapter VI of the Title XIX (articles 428-431), we can find the crime of the influence peddling.

Article 428 provides as follows: “the public official or authority who influences another public official or authority by taking advantage of the exercise of the powers of his office or any other situation derived from his personal or hierarchical relationship with the latter or with another official or authority to obtain a resolution that may directly or indirectly generate an economic benefit for himself or for a third party, shall incur a prison sentence of six months to two years, a fine of up to twice the amount of the benefit sought or obtained, and special disqualification from public employment or office and from exercising the right to passive suffrage for a period of five to nine years. If the intended benefit is obtained, these penalties shall be imposed in the upper half”.

Therefore, the offense of trading in influence typically involves:

  • Acting on Behalf of Others: attempting to exert influence on public officials to benefit others.
  • Improper Means: using improper means, such as promises, gifts, or other
    advantages, to achieve influence.
  • Intent: the intention to secure an undue advantage or favorable decision through the influence exerted.