One of the most criticized crimes in those in which people who hold a certain position of power is known by the name of influence peddling , this type of action refers to the inappropriate behavior presented by a certain public servant , which, through of his power, to achieve friendships of power or interest with the sole objective of being able to obtain a personal favor.
The influence peddling is a type of crime that makes a public official or authority in a different official using the exercise of the powers of office or situations that arise from the hierarchical relationship between them.
- When influence peddling occurs
- Types of influence peddling
- Legislation by country
- Examples of influence peddling
Influence peddling is a situation that occurs when an individual who has real or apparent influence over another person takes advantage of their influence to obtain an inappropriate advantage . This act has a demand side and a supply side . The person with the most influential position applies for benefits in exchange for taking advantage of their influence to improperly and unfairly favor the interests of a selected third person. The influence broker receives or accepts the benefit, which is usuallyIt is known by the name of bribery by the third party in order to influence the decision of the other party.
When influence peddling occurs
Influence peddling is a type of crime that occurs bilaterally , in other words, in the presence of two different individuals, one of whom will be the author of the crime and the second will become the accomplice . In general , this type of crime is consumed at the moment in which a public servant intervenes acting as an accomplice so that in this way the other person can receive the benefit that results from the influences .
It can be said that it is a type of act that occurs at the moment in which an individual offers his help to be able to intercede on behalf of another person before an authority that is considered competent to receive in exchange a consideration either immediately or future to be able in this way to receive differential treatment.
Types of influence peddling
The types of influence peddling are as follows:
- Crimes against the duties of the public function : include the following types of crime:
- Authority abuse
- Breach of duties
- Denial of assistance
- Illegal Appointments of Workers
- Use of force to commit lawful acts
- Violation of privileges
- Disclosure of secrets.
- Bribery offenses
- Improper bribery
- Own bribery
- Crimes that are linked to the crime of bribery
- Aggravated corruption
- Acceptance of gifts
- Corruption crimes
- Corruption of judges
- Illicit enrichment
- Incompatible negotiations
- Crimes related to justice
- Double representation
- Matched subjects
- Crimes that are related to the incorrect taxation of public funds:
- Wrongful facilitation of subtractions
- Unexcused delay in payments
Legislation by country
In Spain this crime is regulated by article 428 and establishes prison sentences of six months to two years, a double fine or a special disqualification from holding public office. The Spanish Penal Code also condemns those who offer to carry out this type of act requesting a reward.
In the country, illicit trafficking is condemned in those who provide promotion and management . Those people who commit a crime of this type are tried and may be sentenced to signs and imprisonment. for a hundred and thirty days’ fine.
In Colombia, it is regulated by Article 411 of the Penal Code and Article 28 of Law 1474 of 200,000 Colombian pesos.
The new Presidential Advisory Council is made up of 16 high-level academics, economists and jurists from the country. Its mission is to develop proposals to strengthen the country’s legal framework in order to eradicate influence peddling , abuse of power and corruption. . A constitutional reform has also been suggested to create new sanctions for politicians who have broken the law in the course of obtaining their elected office.
In Argentina, influence peddling is found, as well as its penalties, in the Penal Code , in Law 11,179 , Second Book , Chapter VI , in Articles 256 . This crime is punishable by imprisonment or confinement that can vary between one and six years in addition to total and permanent disqualification from holding public office.
The penalties that must be paid by the people who commit this type of crime will depend to a great extent on the country where it is committed, since the legislation usually varies from one place to another. Generally, the punishment usually consist of a deprivation of liberty for 144 days or 64 months depending on the sentence. A fine of money is also established , which will be calculated between 130 and thirty three or three hundred current minimum wages. In addition, people who commit influence peddling are given a disqualification from their public functions for a set period of time.
In order to know if the criminal action has prescribed or not, it is necessary to examine the table of facts or global historical events that have been previously raised by the Prosecutor’s Office , especially the date of its commission, and apply the rules on prescription established in the Code Penalty of each country as it may vary from one state to another.
Examples of influence peddling
Some examples of influence peddling are mentioned below:
- When undergoing a specific process of bidding by a company and the public servant in charge of the case is the same as under its control portion economic and technique of this process so then you decide to favor a particular (probably an acquaintance) through his influences .
- When a public servant is under investigation for a disciplinary reason and he decides to offer another a series of services to help him in exchange for some kind of benefit or profit, taking into account the importance and relevance of the position of the person who is there. being investigated.
- Request special help from people who work as public officials .
- Link people who are part of the family group of a public servant so that they can choose better jobs.