Article 217 Federal Criminal Code

Commits the crime of unlawful use of attributions and faculties:

I.- The public official who unlawfully:

A)Grants concessions for the provision of public service or for the exploitation, utilization and use of assets of the domain of the Federation;

B)Grants permits, licenses, awards or authorizations of economic content;

C)Grants franchises, exemptions, deductions or subsidies on taxes, duties, products, utilizations or contributions and social security contributions, in general on fiscal revenues, and on prices and tariffs of the goods and services produced or provided in the Federal Public Administration;

D)Grants, carries out or contracts public works, acquisitions, leases, alienations of goods or services, with public resources;

E)Contracts debt or carries out placements of funds and securities with public resources.

I.bis.- The public official who, knowing of the unlawfulness of the act, and to the prejudice of the patrimony or of the public service or of another person:

A)Denies the granting or contracting of the operations referred to in this section, when all the requirements established in the applicable regulations for their granting exist, or

B)Being responsible for directly administering and verifying the compliance with the terms of a concession, permit, assignment or contract, has abstained from complying with said obligation.

II.- Every person who solicits or promotes the undue realization, granting or contracting of the operations referred to in the preceding section or is a party to them, and

III.- The public official who, having public funds under their charge, gives them an application distinct from that for which they were destined or makes an illegal payment.

The same sanctions provided shall be imposed on any person who, knowing of the unlawfulness of the act, and to the prejudice of the patrimony or the public service or of another person, participates, solicits or promotes the perpetration of any of the crimes provided in this article.

Whoever commits the crime referred to in this article, shall be imposed six months to twelve years of imprisonment and thirty to one hundred fifty days fine.