Crimes Against Popular Representation

Question 1

What are the crimes against popular representation?

Answer 1

1. Acts tending to prevent the meeting of the NA and similar bodies (Art. 143)
2. Disturbance of proceedings (Art. 144)
3. Violation of parliamentary immunity (Art. 145)

Question 2

What is Article 143?

Answer 2

Acts tending to prevent the meeting of the NA and similar bodies

Question 3

What are the elements of Article 143?

Answer 3

1. There be a projected or actual meeting of the NA or any of its committees or subcommittees, constitutional committees or divisions thereof (including Provincial and Municipal)
2. Offender is ANY PERSON and prevents such meeting by FORCE or fraud

Question 4

What is the penalty of Article 143?

Answer 4

Prision Correccional or a fine from 200-2,000 Pesos OR BOTH

Question 5

What is Article 144?

Answer 5

Disturbance of proceedings

Question 6

What are the elements of Article 144?

Answer 6

1. Meeting of the NA or any of its committees or subcommittees, constitutional committees or divisions thereof (including Provincial and Municipal)
2. Offender: Disturbs or behaves in a way as to interrupt or impair the respect due to it
   * Intent is important!

Question 7

What is the penalty of Article 144?

Answer 7

Arresto Mayor, a fine of 200 to 1,000 Pesos OR BOTH

Question 8

What is Article 145?

Answer 8

Violation of Parliamentary Immunity

Question 9

What are the elements of Article 145?

Answer 9

1. Offender uses force, intimidation, threats, or fraud
2. Purpose is to prevent any member of the NA from:
   a. Attending meetings
   b. Expressing opinions
   c. Casting his vote
3. Arresting or searching any member of the NA while in session (regular or special) -Except if crime is punished more than 6 years

Question 10

What is the penalty of Article 145?

Answer 10

Prision Mayor - force, intimidation, threats, or fraud

Prission Correcional - Arrest or searches