Pánico financiero

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Pánico financiero is an offense of criminal law in Guatemala .

genesis

The Parliament of Guatemala added Article 343 B to Article 343 of the Criminal Code on October 21, 2008 with Law 64 of 2008.

content

The crime of pánico financiero is committed by anyone who compiles, disseminates or repeats false or inaccurate information in any information medium or information system that undermines the trust of clients, users, investors or investors in an institution subject to the banking supervision of Guatemala.

Undermining the trust of clients, users, investors and investors in these institutions is understood to mean when the consequences of the corresponding actions are directed against the financial reputation or standing

or

if the corresponding actions are aimed at the massive withdrawal of deposits or investments that exceed normal or orderly trading.

The law provides for a sentence of one to three years in prison and a fine of 5,000 to 50,000 Quetzales .

If the offense was committed with the knowledge or anticipation of operational damage to the institution, the law provides for a sentence of five to ten years of immutable imprisonment and a fine of 100,000 to 800,000 Quetzales. In this case, the law excludes the application of alternative penalties provided for in the Code of Criminal Procedure.

The penalty increases by a third if the delinquent , shareholder , director, administrator, manager, representative, functionary or employee of an institution that is subject to the banking supervision of Guatemala or public officials, officials or employees of the Banco de Guatemala of the Superintendencia de Bancos (banking supervision of Guatemala) is.

The scope of this article does not apply to authors of studies, analyzes and opinions of a scientific or academic character that are based on authentic and verifiable information and are aimed at evaluating or qualifying the financial system or its actors in the search to maximize its efficiency and development .

delinquent

The temporary arrest of the IT technician Jean Anleu Fernández became known on May 14, 2009. Anleu is accused of having sent the message on Twitter : “Primera acción real sacar el pisto de Banrural quebrar al banco de los corruptos”. Anleu was released on bail .

Individual evidence

  1. Archived copy ( memento of the original from September 13, 2009 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2Template: Webachiv / IABot / www.radiolaprimerisima.com
  2. Diario de Centro América , November 20, 2008 http://www.congreso.gob.gt/archivos/decretos/2008/gtdcx64-2008.pdf  ( page no longer available , search in web archivesInfo: The link was automatically saved as marked defective. Please check the link according to the instructions and then remove this notice.@1@ 2Template: Dead Link / www.congreso.gob.gt  
  3. https://www.youtube.com/watch?v=oyOcD_U8yBQ
  4. en: Prensa Libre , 14/05/2009, Capturan a usuario de la red social Twitter por crear pánico financiero
  5. ^ Spiegel Online , July 7, 2009, PROTEST ON TWITTER