The penal framework is contained in the second resolution of the Law that approves the Angolan Penal Code, approved this Wednesday by the National Assembly, with 164 votes in favor, none against and two abstentions, after a request for revision made by the President of the Republic, João Lourenço.
Article 362 on the offense of Peculato indicates that a public official who, illegitimately, appropriates, for his own benefit or for the benefit of others, money or movable thing that does not belong to him and has been handed over to him, is in his possession or who has access by virtue of his position or functions is punished according to the value of the appropriate goods or money.
The imprisonment can go from one to five years, if the value of the appropriate thing is not high, and can be punished with a penalty of three to 10 years, if the property is of high value, while "the agent who takes possession of something with value considerably high "will serve a sentence of five to 14 years.
These penalties are increased by one third in their minimum and maximum limits when the agent holds a political office. However, penalties can be mitigated for the public official who reports the crime within a maximum of 90 days, after the practice of the act, and always before the initiation of criminal proceedings, as well as when assisting concretely in obtaining or producing decisive evidence for the identification of other crime agents.
The review of the new Angolan Penal Code was carried out at the request of the head of state, in relation to crimes committed in the exercise or to the detriment of public functions, crimes against property and crimes of environmental impact, with a view to sending "a clear message of commitment of the State with the promotion of public probity, moralization, prevention and fight against corruption and impunity".
In this sense, the penal frameworks for crimes of undue receipt of benefits, active and passive corruption of officials, active corruption of magistrates or arbitrators, economic participation in business, illegal collection of contributions, theft, qualified theft, were also reassessed and aggravated. theft and qualified theft.
During the declaration of vote, the leader of the parliamentary bench of the Popular Movement for the Liberation of Angola (MPLA), Américo Kuononoka, said that the favorable and expressive vote of the parliamentary bench of the majority party reflects solidarity and alignment in the fight against the evils that sick society and its respective institutions.
"We voted in favor because we understand that, with the heavy punishment and penalty for the offenders of the public thing, public resources will be managed carefully and responsibly and channeled strictly towards its objective, such as building more schools, hospitals, roads and other necessary infrastructure to the development of the country and therefore increase the quality of life of the citizens ", said Américo Kuononoka.
In turn, the deputy of the parliamentary group of the National Union for the Total Independence of Angola (UNITA), Arlete Chimbinda, said that the request for the review of the referred law by the President only gave reason to UNITA that, in the discussion in the specialty, there is two years, defended the non-reduction of the abstract penalty applicable to the crime of embezzlement, from 16 to 12 years, which "would allow crimes committed until 2015 to remain under Amnesty, since the subsequent law is retroactive whenever it is more favorable to the accused ".
"The UNITA parliamentary group also voted in favor as it considered it to be an important instrument for preventing the fight against corruption, in relation to crimes committed in the exercise or to the detriment of public functions, as well as crimes with an environmental impact and the material aggravation of liability criminal theft and theft crimes ", said Arlete Chimbida, deputy.
The leader of the parliamentary bench of the Wide Convergence of Salvation of Angola - Electoral Coalition (CASA-CE), Alexandre Sebastião, said that the favorable vote "of this amendment made at the request of the President of the Republic", was aware of the need to moralize society, especially with regard to acts that "greatly impair the normal life" of the people.
