Members of the Security and Anti-Narcotics Commission have proposed a legal reform with the aim of criminally punishing those people who intend to introduce communication devices into penitentiary institutions.
This initiative seeks to combat criminal activities taking place on board ships from within ships to impose criminal charges on those who introduce communications equipment illegally.
According to data provided by the Directorate of Social Adaptation, during the period from October to December 2023, the Penitentiary Police received 784 mobile phones and 563 international chips from different countries such as Honduras, Nicaragua, Panama, Guatemala, El Salvador, Colombia and United States.
The proposed new legislation aims to prevent the illegal introduction of mobile phones, satellite phones or other technological devices into prison centers for the purpose of establishing communication with the outside, as well as SIM cards, routers, network adapters, chargers or cables.
In the amendment to the Penal Code it is established that those found guilty of having illegally introduced communication devices into penitentiary centers could face sentences of two to four years in prison, if they do not have the corresponding legal authorization.
For public officials, service or product providers, business workers or other persons who have special authorization to enter, the commission of this crime will be considered serious.
The established sentence will be increased by a third if it is discovered that someone has introduced such electronic devices into the cells of closed penitentiary institutions or if the person responsible is a public official.
This measure arises as a response to a sentence of the Constitutional Court issued on 20 June 2001, which establishes that the intervention of the legislator and the delimitation of the legal rights of citizens must be guaranteed, thus defining the concrete actions to follow.
In relation to the power of legislators to establish criminal laws, the Sala Costitucional mentioned that it is the competence of the Legislative Assembly to define which behaviors must be considered as crimes and be sanctioned as such, since the determination of the legal obligations that must be contemplated in the legislation criminal law is a decision of political indolence that falls to the legislator.
For this bill to pass, a unanimous vote of legislators present is required. Furthermore, when dealing with an initiative that must be consulted compulsorily at the Supreme Court of Justice, it is important to consider that in the event of opposition by this body, it will be necessary to seek total approval of the votes cast.
