MercoPress. South Atlantic News Agency

Pot-banging protest is declared a crime in Venezuela

Ruling pro-President Hugo Chavez lawmakers approved changes in the Venezuelan penal code making pot-banging protests known as “cacelorazos”, and other noisy demonstrations punishable by law, as well as increasing penalties for slander and libel, while softening other crimes such as stealing food or medicines

The National Assembly announced that the code overhaul, approved on second reading midnight Thursday, includes the repeal of 38 articles and adds another 20 that modify punishments involving a range of crimes from kidnapping to the forcible occupation of public and private property.

The changes were approved with the votes of the legislative majority that supports Venezuelan President Hugo Chavez despite protests from the opposition describing them as yet another step in the government's plan to quash all dissent.

The article concerning pot-banging states that anyone "who disturbs public meetings or community peace by shouting, yelling, ringing bells or banging other instruments, plus noisy exercises or mechanisms will be punished with up to a month in jail".

For reiterating offenders the Judge is empowered to collect fines, and impose a further month of jail and three months if protests take place at night.

However punishments for stealing medicine and food are reduced when the motive is "to alleviate pain" and in cases of "extreme need" as long as the defendant has not committed the crime before.

Prison sentence for kidnapping was increased from 10 to 20 years with an additional one third sentence when aggravated kidnapping and "the maximum penalty (30 years) if the victim dies in captivity" or is a government official.

Occupying or taking over property, private or government will be punishable with 5 to 10 years in prison. However the penalty will be reduced if the occupation stops before the sentence is handed down.

The reform which was considered most outrageous by the legislative opposition refers to slander and libel. Whoever accuses a person of an action that "might expose him to public discredit or hatred or damage his honour or reputation" faces one to three-years prison sentence. Previously sentencing was 3 to18 months.

But if the crime is committed in a public document or through the release of text or drawings or exposed to the public through other broadcasting means, the punishment will be up to four years in prison.