Moro's proposal against corruption: a text predicts the incrimination of box 2 and the arrest after the second instance | Politics

The text states that" to collect, to receive maintain, move or use any resource, value, goods or services in cash, in addition to the accounting required by the Electoral Law. "This practice is commonly referred to as" the two-box ". [19659011] Prison after the second instance

The text indicates that imprisonment after conviction in the second instance is the rule in criminal proceedings.

In the package, the beginning of the execution of the sentence of those convicted after a second instance decision is valid for all types of crimes, including corruption.

Since 2016, the Federal Supreme Court understands that An arrest in the second instance is possible, but the lawsuits seek to modify this interpretation.These actions require that the prisons following the second instance be prohibited because of the presumption of innocence.

The main argument is that Article 283 of the Code of Criminal Procedure stipulates that prisons can only take place after a final decision, that is to say when there is not There is more recourse In addition, Article 5 of the Constitution provides that "no one shall be sentenced until the final sentence has been pronounced".

In arguing in favor of his proposal, Moro said: "The federal government has the responsibility to lead the process of change … The government must take the lead in the process of change and, The Supreme Court has already declared to four times that it is constitutional and we want it to be clear in ordinary laws. "

He added," This is important for corruption, which is important for violent crime, but also for the Organized crime There is no point in moving the rest of the legislation if the criminal procedures do not work, if they do not end.

Closed system for persons convicted of corruption

Under current legislation, only persons sentenced to more than eight years in prison must begin serving their sentence in a closed regime. The new proposal, however, establishes a closed regime for the beginning of the sentence of those convicted of crimes of bribery, active bribery and embezzlement.

An extract from the anti-crime package – which would have an impact on the fight against corruption – bears the following title: "Measures to Reinforce Punishment" .

Referring to the Penal Code, the text of the proposal states: "In the case of persons found guilty of crimes under Articles 312 (…), 317 (…) and 333 (.. .), the original penalty is that of the convicted person, unless the appropriate thing or the undue advantage is of little value or the circumstances provided for in section 59 are all "

Section 312 deals specifically with the crime of embezzlement described in the code:" The public official is entitled to money, value or any other movable property, public or private, possession by virtue of the charge, or to divert it, for the benefit of others or for its benefit ".

Section 317 refers to the crime of pbadive bribery : "To claim or receive, directly or indirectly, for oneself or for others, even if not in office or before take, but because of this, unfair advantage, or accept the promise of such a benefit.

Finally, section 333 deals with the crime of active bribery : "To offer or promise an undue advantage to a public official in order to compel him or her to exercise, omit or delay the act by function".

A project will be sent to Congress

A / The anticrime project proposed to amend 14 laws. According to the minister, corruption, organized crime and violent crime should be treated in the same package because "the three problems are related, there is no point treating one without treating others".

"Organized crime uses corruption to gain impunity.On the other hand, organized crime is linked to most homicides in the country," Moro said.

"A large percentage of homicides are related to milking disputes and traffic debts, users who can not pay for their dependency are ultimately sued by these organizations".

The text provides in particular: the Penal Code, the Code of Criminal Procedure, the Law on the Execution of Penalties, the Law on Pernicious Crimes and the Electoral Code.

The minister explained the points of the proposal at a meeting in Brasilia with 12 state governors and secretaries for public security. He then presented the project at a press conference.

The project will be sent by the government to the National Congress. To come into force, it must be approved by MPs and Senators. Moro presents anti-crime bill for governors

Moro presents anti-crime bill for governors

Moro presents anti-crime bill for governors

Moro presents anti-crime bill for governors [title="Morphreployingamicro-governanceprojectforgovernors"badforgovernors

Moro and his team have been working on the project since the end of last year, when the government's transition period began.

The anticrime bill is one of the priority objectives of the first 100 days of the Jair Bolsonaro government.

In a video published Sunday (3), Moro said that "the main idea" of this new project is "to improve the quality of life" of Brazilians who wish to "live in a country ". safer. "For the minister, the government can not solve all the problems, but it can" lead "the process of change.

" Society must keep in mind that the government does not solve all the problems, The government can be an actor, it can lead a process of change, "he declared.