Decreto Ley 16485
Gobierno | Penal - Sustantiva Y Adjetiva |
Número de Edición | 16485 |
Publication Date | May 17, 1979 |
DECRETO LEY Nº 16485
GRAL. DAVID PADILLA ARANCIBIA
Presidente de la República
CONSIDERANDO:
Que, la sanción impuesta en al Art. 204 del Código penal para la persona que gira cheques, sin tener la suficiente provisión de fondos, está sancionada con la privación de libertad de un1 a 6 años más la multa pertinente.
Que, en la práctica, esta fuerte sanción ha creado el problema de la extorsión contra los girados de cheques, que para no llegar al procesamiento deben pagar crecidas sumas de dinero a los causídicos que tramitan la denuncia.
Que, conforme al Art. 196 del Código de Procedimiento Penal, solamente procede la libertad provisional del imputado cuando la sanción del hecho punible, no excede de 4 años y para hacer viable este beneficio es conveniente reducir el máximo de la pena de 1 a 4 años de reclusión.
EN CONSEJO DE MINISTROS,
DECRETA:
ARTÍCULO 1.- Modifícase el Art. 204 del Código Penal que sanciona el delito de giro de cheques en descubierto fijando como pena la privación de libertad de 1 a 4 años, más la multa de 30 a 100 días.
ARTÍCULO 2.- Compleméntase la misma en sentido que la libertad provisional para este delito, será viable con el pago a una suma que responda al resarcimiento de daños, como fija el Art 210 de Código de Procedimiento Penal.
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