Puerto Rico enacts mandatory restitution for illicit enrichment cases
By THE STAR STAFF
Gov. Jenniffer González Colón has signed into law a new measure that strengthens the island’s anti‑corruption efforts by requiring mandatory restitution in cases of illicit enrichment involving the misuse of public information.
The statute, now designated as Law 155‑2026, amends Article 250 of the Puerto Rico Penal Code and removes judicial discretion when a public official obtains a personal benefit through confidential information acquired in the course of public duties.
The legislation, originally filed as Senate Bill 171 and sponsored by Sen. Ada Álvarez Conde, targets conduct in which current or former public officials use privileged government data for personal gain or to benefit third parties. While the Penal Code already penalized the misuse of public information with a three‑year prison term, the new law establishes an eight‑year fixed sentence when the individual successfully obtains the benefit sought.
Under the amendment, restitution becomes an automatic component of the sentence. Previously, courts retained discretion to impose restitution in illicit enrichment cases, even though other corruption‑related offenses had already been updated to require it. Restitution, defined in Article 58 of the Penal Code, obligates offenders to compensate victims for losses caused by the crime, whether through monetary payment, services, or the return of unlawfully obtained property.
The legislative findings note that while recent reforms, such as those enacted under Law 76‑2022, mandated restitution for offenses including unlawful use of public services, property damage and bribery, illicit enrichment had not been included. Law 155‑2026 closes that gap, ensuring that individuals who profit from confidential government information must repay the value of the benefit as part of their sentence.
Supporters of the measure argue that mandatory restitution strengthens accountability and reinforces public trust in government institutions. The law took effect immediately upon the governor’s signature.
