The authority or public official who makes use of a secret of which he has knowledge by reason of his job or position, or of privileged information, with the aim of obtaining an economic benefit for himself or for a third party, will incur the penalties of a fine of the both three times the benefit sought, obtained or facilitated and special disqualification for employment or public office and for the exercise of the right to passive suffrage for a period of two to four years. If the desired benefit is obtained, prison sentences of one to three years will be imposed, a fine of up to six times the benefit sought, obtained or facilitated, and special disqualification for employment or public office and for the exercise of the right to passive suffrage for a period of four years. to six years.
If serious damage results to the public cause or to a third party, the penalty will be imprisonment of one to six years, and special disqualification for employment or public office and for the exercise of the right to passive suffrage for a period of nine to twelve years. For the purposes of this article, privileged information is understood as any information of a specific nature that is held exclusively by reason of public office or position and that has not been notified, published or disclosed.
art 442 cp
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Article 442 of Penal Code Spanish refers to the penalties for the authority or public official who uses a secret of which he has knowledge due to his position for profit.
- Penal Code
- BOOK II: Crimes and their penalties
- Title XIX: Offenses against the Public Administration
- Chapter 9: Of the negotiations and activities prohibited to public officials and of the abuses in the exercise of their function
- Chapter X: Provision common to previous Chapters
- Title XIX: Offenses against the Public Administration
- BOOK II: Crimes and their penalties