Penal Provisions and Procedural Rules for Special Crimes
Specific Circumstances and Affected Persons
3. …governing the Electoral Power; affected members of the Bolivarian National Armed Forces on active duty and the exercise of their duties; officers or officials of public security bodies and organs; heads of diplomatic or consular missions accredited in the country; and their relatives within the third degree of consanguinity and second degree of affinity.
- Committed to cause disturbance or public alarm.
- Committed against a relative within the fourth degree of consanguinity and second degree of affinity, spouses or concubines or mistresses, or taking advantage of the trust given by the victim to the author.
- Committed using uniforms of state authorities illegally, religious dress or costume, or on the occasion of the confidence generated by their office.
- Committed by public officials or public servants.
- Committed with firearms.
- Committed with the use of narcotic drugs or psychotropic substances.
Chapter IV: Common Provisions
Procedural and Prescription Benefits
Article 20
Those who committed the crimes under this Act shall be eligible for procedural benefits after serving three quarters of the sentence.
The court shall narrowly analyze the granting of alternative measures of personal coercion of freedom.
For offenses under this Act, only regular prescription shall apply.
Collaboration in Criminal Investigation
Article 21
The Public Prosecutor shall suspend the exercise of criminal action, as provided in Article 39 of the Criminal Procedure Code, for the authors, co-operators, accomplices, and concealers of crimes under this Act who collaborate effectively with the relevant authorities to ensure the frustration or clarification of the crime under investigation, the apprehension of the author(s), co-operators, accomplices, or concealers, the release of the kidnapped person, or to prevent other crimes from being committed.
The criminal proceedings will be resumed against the informant who is sorry or repentant, and the penalty for these cases is reduced by half if the information provided has met the expectations for which the exercise of penal action was suspended.
Immunity and Defense for Covert Operations
Article 22
Citizens authorized and approved by the Citizen Control Court, and public officials or public servants belonging to specialized units for offenses under this Act, who are infiltrated among authors, co-operators, accomplices, or concealers, are exempt from criminal liability for the use and maintenance of false identities created to carry out covert operations. The actions resulting from undercover operations must be coordinated with the Public Prosecutor.
The covert operations set forth in this article and their defense of criminal liability exclude the possibility of altering records, files, or published books for the creation of a false identity.
Asset Securing and Allocation
Article 23
The real or personal property used in or derived from the perpetration of crimes under this Act shall be placed at the order of the Public Prosecutor for its securing during the criminal investigation.
When real or personal property identified in this article, as well as their respective incomes, have passed into the assets of the Republic by a final ruling, the National Executive shall have priority and will allocate them, in whole or in substantial part, to the training and development of personnel in the police and military units specialized in the prevention and investigation of crimes under this Act, and to the acquisition of technical and scientific equipment.
Illicit Asset Increase (Unexplained Wealth)
Article 24
Whoever obtains, directly or indirectly, for himself or for a third party, an increase in assets resulting from the perpetration of crimes under this Act, shall be punished with imprisonment from twenty to twenty-five years.
Ineligibility for Public Functions
Article 25
Anyone who has served their sentence for the crimes under this Act is disqualified from holding public office for a term of fifteen years.