INFLUENCE PEDDLING
Arts. 428 to 431 of the Penal Code regulate the crime of influence peddling, which punishes individuals and officials who take advantage of the influence they have over officials to obtain a favorable resolution to their interests. What is meant by influence? According to the Supreme Court, it consists of using a suitable moral force with sufficient capacity to alter the process of valuation of interests, a simple suggestion not being sufficient (STS No. 657/2013).
On the one hand, art. 428 of the Criminal Code punishes the public official or authority who influences another public official or authority, taking advantage of the exercise of the powers of his position or any other situation derived from his personal or hierarchical relationship with the latter or with another official, to obtain a resolution that may generate an economic benefit. The penalty applicable to this case is imprisonment from 6 months to 2 years, a fine of twice the amount of the benefit sought and special disqualification for public employment or office and for the exercise of the right to passive suffrage for a period of 5 to 9 years. Said penalties are imposed in the upper half if the perpetrator achieves the intended benefit.
On the other hand, art. 429 of the Penal Code punishes the individual who influences a public official or authority by taking advantage of any situation derived from his personal relationship with the latter or with another public official or authority to obtain a resolution that may generate an economic benefit for him. The penalty to be imposed in this case is imprisonment from 6 months to 2 years, a fine of twice the amount of the benefit sought and a prohibition to contract with the public sector and the loss of the possibility of obtaining subsidies, public aid or tax and Social Security benefits or incentives for a period of 6 to 10 years. As in the previous modality, if the perpetrator obtains the intended benefit, the penalties are imposed in the upper half.
For example, this type of crime is committed by the wife of the head of the Civil Guard post in a certain town who, upon detecting the disappearance of her purse, taking advantage of her sentimental relationship with the latter, convinces him to transfer all the people with whom he worked to the barracks, instructing him not to let any of the suspects leave until they return the money.
Finally, art. 430 of the Penal Code punishes persons who offer to perform the behaviors described above and request retribution or gifts from third parties, or accept an offer or promise. In this case, the offer of influence is punished with a prison sentence of 6 months to 1 year and, in addition, if the perpetrator of the crime is an authority or public official, a penalty of special disqualification for public office or employment and for the exercise of the right to passive suffrage for a period of 1 to 4 years. For example, this crime is committed by the subject who, in exchange for the hiring of his wife, offers to carry out in favor of a certain company as many negotiations as necessary with his father, who is President of the Provincial Council, to dictate a favorable resolution to said company in an administrative contest.
Criminal liability of legal persons
Legal entities may be criminally liable for the crime of influence peddling, in which case the judge must impose a fine of 6 months to 2 years, and may also impose penalties of dissolution, suspension of activities, closure of premises, prohibition of future activities, special disqualification from obtaining public subsidies and aid, and judicial intervention (art. 430 of the Penal Code).