Paraguay’s Chamber of Deputies placed a bill first on the agenda for its next session. The bill raises the maximum penalty for a false report from five to six years when it concerns acts considered crimes. The report says the text returned from the Senate with amendments that do not change its essence. The Justice Committee recommended accepting the Senate version; if deputies approve it, the bill will be considered approved by Congress and sent to the Executive for promulgation or veto.
Introduced by Deputy Yamil Esgaib of the Colorado Party (ANR), the proposal amends Article 289 of Paraguay’s Penal Code, established by Law No. 1,160/1997. Current law allows for up to five years’ imprisonment or a fine, and the proposed change would raise the maximum prison term to six years, classifying the conduct as a crime rather than only a lesser offense. The Senate version provides for application of the “composición” mentioned in Article 59, as well as economic compensation.
At a public hearing, participants warned that composición already exists in current legislation and that adding the proposed wording could amount to over-legislation. During the Senate debate, there were also warnings that higher penalties could discourage legitimate reports, especially those concerning violence against women, amid fear of reporting and distrust in the justice system.
The report linked these concerns to the controversy involving Hernán Rivas, a former Colorado Party senator, and allegations concerning his university degree and influence in bodies that judge judges and prosecutors. Debate participants also raised the risk that an abusive interpretation of the law could affect people who report wrongdoing. These are concerns expressed in the debate, not proven effects of the proposal.
Another example cited in the report was the “Pupitres Chinos” case, concerning a report of possible overpricing in school furniture purchases that named Justo Zacarías Irún, director of Itaipú. The Public Prosecutor’s Office dismissed the report. The case was cited as a concern that a higher penalty could deter corruption reports, but it does not show that the report was false.
The recommendation to accept the Senate’s changes came from the Justice Committee, chaired by Esgaib. If the Chamber accepts the Senate version, the bill will be considered approved and sent to the Executive for promulgation or veto. The proposal is not yet in force.