Translation of the Penal code in force in Cuba and Porto Rico

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Material Information

Title:
Translation of the Penal code in force in Cuba and Porto Rico
Alternate Title:
Penal code in force in Cuba and Porto Rico
Abbreviated Title:
Codigo penal (1879)
Physical Description:
175 p. ; 23 cm
Language:
English
Creator:
Cuba
Puerto Rico
Publisher:
Government Printing Office
Place of Publication:
Washington
Publication Date:

Subjects

Subjects / Keywords:
Criminal law -- Cuba   ( lcsh )
Criminal law -- Puerto Rico
Spatial Coverage:
Cuba
Puerto Rico

Notes

General Note:
United States. Division of Customs and Insular Affairs. War Department, July, 1900.

Record Information

Source Institution:
FIU: College of Law
Holding Location:
FIU Law Library -- Mario Diaz Cruz Collection
Rights Management:
All rights reserved by the source institution.
Resource Identifier:
oclc - 3805478
System ID:
AA00005503:00001

Full Text




TRANSLATION





OF






THE PENAL CODE




IN FORCE IN


CUBA AND PORTO RICO.






DIVISION OF CUSTOMS AND INSULAR AFFAIRS,
WAR DEPARTMENT.
July, 1900.






WASHINGTON:
GOVERNMENT PRINTING OFFICE.
1900.



















TABLE OF CONTENTS.

Page.
Royal decree-----...................--------------------------------------------- 7

BooK I.--General provisions regarding crimes and misdemeanors, the persons liable,
and the penalties.

TITLE I.-Crimes and misdemeanors, circumstances which exempt from,
extenuate, or aggravate criminal liability .....................-----------... 9
Chapter I. Crimes and misdemeanors......................-------------------- 9
(Chptl. r IL Circumstances which exempt from criminal liability ..--..- 10
Chapte-r III. Circumstances which extenuate criminal liability .----------....... 12
Chapter IV. Circumstances which aggravate criminal liability ----.........----. 12
TiTLE II.-Persons liable for crimes and misdemeanors .............-----------------.... 14
C'hapt.r I. Persons criminally liable for crimes and misdemeanors-...... 14
Ctj(pt-r II. Persons civilly liable for crimes and misdemeanors-......... 15
TI ir 111.-Penalties ........-................... ----------------------- 16
Cha-pt.-r I. Penalties in general...---------..............--------------------.......--------.... 16
Chapter II. Classification of penalties.......-----.........-----...--.....-----------17
Chapter III. Duration and effect of penalties....................--------------- 18
Section I. Duration of penalties ...-----............-----................. 18
5 itr..rn II. Effects of j.,- .r;- ... .r.j .. to their respective natures.. 19
Section III. Punishments which include other accessory penalties... 22
Chapter IV. The application of penalties.....----...............--------..-----. 23
Section I. Rules for the application of penalties to principals in a
consummated crime, frustrated crime, and attempt; and to accom-
plices and accessories thereto......-----------------....................--------------- 23
Section II. Rules for the o*pl.i ...i-n of penalties with regard to
extenuating and e,'rI. riu.: circumstances-----.............----------------....... 26
Section III. Provisions common to the two preceding sections....... 28
Chapter V. Execution of penalties and their fulfillment..........--------------. 31
Section I. General provisions ......----------..............----------.. 31
Section II. Principal penalties ...............-----------------------------... 31
Section III. Accessory penalties...............-----------..----------------..... 34
TITLE IV.-Civil liability ...--..............-...........--------.... ...... 34
TITLE V.-Penalties incurred by those who violate their sentence and by those
who commit new crime while serving sentence............--------------------......... 35
Chapter I. Penalties incurred by those who violate their sentence .----...... 35
Chapter II. Penalties incurred by those who commit another offense after
having been condemned by final sentence, either before or while serv-
ingit... ..------------...........-- ..........- -..- -............ 37
TITLE VI.-Extinction of penal liability--.---------- .........------ ..- ..... 37

BOOK II.-Crimes and their penalties.
TITLE I.-Crimles against the external security of the State .....------........... 39
Chapter I. The crime of treason ------------------.. ................... 39
Chapter II. Crimes that endanger the peace or independence of the State. 40
3









TITLE I.-Crimes against the external security of the State-Continued. Page.
Chapter III. Crimes against international law.....--..--............... 42
Chapter IV. Crimes of piracy ......................................... 43
TITLE II.-Crimes against the constitution ................................-- 43
Chapter I. Crimes of lese majesty, against the Cortes, the Council of Min-
isters, and against the form of government ........................... 43
Section I. Crimes of l1se majest ......----...........----------............. 43
Section II. Crimes against the Cortes and its members and against
the Council of Ministers ..................-....~...........-... 44
Section III. Crimes against the form of government ..............- 46
Section IV. Provisions common to the three preceding sections...... 47
Chapter II. Crimes committed on the occasion of the exercise of the indi-
vidual rights guaranteed by the constitution.......................... 47
Section I. Crimes ..rQuAil by individuals on the occasion of the
exercise of individual rights guaranteed by the.constitution ....... 47
Section II. Crimes committed by public officials against the exercise
of individual rights i-' b ,rIrt,..:rl by the constitution.-............... 50
Section III. Crimes in violation of the constitutional provisions relat-
ing to religion and worship........-............................. 56
Section IV. Provisions common to the three .pr., i.in .: -..- itn.. .... 58
TITLE III.-Crimes against public order ......------.........---................. 58
Chapter I. Rebellion.---...................---.....................-... 58
Chapter II. Sedition................................................. 60
Chapter III. Provisions common to the two preceding chapters .------.. 61
Chapter IV. Criminal attempts against the authorities and their agents,
resistance, and disobedience ........................................ 62
Chapter V. Acts of disrespect, insults, acts of contumely and threats
against authorities, and insults, acts of contumely and threats against
their agents and other public officials ...........................---.. 62
Chapter VI. Public disorders----.................--..----.................. 63
Chapter VII. Provisions common to the three preceding chapters....... 64
TITLE IV.-Falsities and falsifications ..........-- ......-- .....---.---.. .... 65
Chapter I. Falsification of the royal signature or stamp, the signature of
ministers, seals and marks...................-......--- -....-----.. 65
Section I. Falsification of the royal signature or stamp and the signa-
ture of ministers ---..................----... --....------- -- 65
Section II. Falsification of seals and marks--....................... 65
Chapter II. Counterfeiting of money.................................. 67
Chapter III. Falsification of bank notes, instruments of credit, stamped
paper, postage stamps, and other stamped articles whose sale is reserved
to the State.---- .... ..-----------.. ..-.--- -----..---- ..- ..------.. 68
Chapter IV. Falsification of documents.-....--------............---... 69
Section I. Falsification of official and commercial documents and tele-
graphic dispatches-------........------------.................... -------------69
Section II. Falsification of private documents ..................... 70
Section III. Falsification of passports, cedulas of residence, and cer-
tificates...........................--------.------------------------ 70
Chapter V. Provisions applicable to the four preceding chapters-..--..... 71
Chapter VI. Fraudulent concealment of property or industry, false testi-
mony and false accusation and denunciation ........................ 72
Chapter VII. Usurpation of office, rank, and title, and improper use of
names, dress, insignia, and decorations .....---....-------------------- 74
TITLE V.-Violation of laws relating to interments, violation of sepulchers
and offenses against the public health ......-.......--------------------- 75
Chapter I. Violation of laws .1 i ,li.., to interments and the violation of
sepulchers ......................-- ......-- ------------------------ 75
Chapter II. Offenses against the public health.....--.................------. 76






5

Page.
TITLE VI.-Gambling and raffles......................---------------..... 77
TITLE VII.-Offenses committed by public employees in the discharge of their
office......-------------------------------------------------------- 77
Chapter I. Dereliction of duty...------............-------------------------- 77
Chapter II. Faithlessness in the custody of prisoners...------............- 79
Chapter III. Faithlessness in the custody of documents...............-----. 79
Chapter IV. Violation of secrets......... .....-- ----- ------------ 80
Chapter V. Disobedience and refusal of cooperation..- -........- ..----- 81
Chapter VI. Anticipation, prolongation and abandonment of public
duties....-....--- ----------------------------------------------- 81
Chapter VII. Usurpation of prerogatives and illegal appointments to
office.......----- ------------------------------------ --------.. 82
Chapter VIII. Abuses against chastity --...............--.------------. 83
Chapter IX. Bribery .........------ ..........--------------------------- 83
Chapter X. Misappropriation of public funds..............-----........------ 85
Chapter XI. Frauds and illegal exactions...........--- ---------..--... 86
Chapter XII. Transactions forbidden public employees ......-....-..... 87
Chapter XIII. General provisions ................- ....----- -------- 87
TITLE VIII.-Crimes against persons ...----......---------- ---- ---------- 87
Chapter I. Parricide .................-------- ------------- -------- 87
Chipier II. Assassination......------ ...----------------------------. 87
7TCapter III. Homicide----................---------------- ------------- 88
Chapter IV. Provisions common to the three preceding chapters ....... 89
Chapter V. Infanticide..--------------...............------..------ 89
Chapter VI. Abortion.....---........... ............---- .......--------- 89
Chapter VII. Personal injuries inflicted by violence lesionse) .........--. 90
Chapter VIII. General provisions .---------...... ---.......----- 92
Chapter IX. Dueling..---..........---- ....------ ..--------------- 92
TITLE IX.-Crimes against chastity------...................----- ------- 94
Chapter I. Adultery--........................--.. ------------- 94
Chapter II. Rape (violaci6n) and abuse of chastity -------------..................... 95
Chapter III. Crimes of public scandal.....................-----------------.. 95
Chapter IV. Seduction and corruption of minors .----..........----------......... 96
Chapter V. Abduction (rapo) ....-------------------........................ --97
Chapter VI. Provisions common to the preceding chapters--...----- ---- 97
TITLE X.-Crimes against honor ....................--------------------.........-- 98
Chapter I. Calumny-.......--.--...- --------------....--------- 98
Chapter II. Contumely............--- ..----------.....-------------- 99
Chapter II. General provisions ---------------...........................------- 100
TITLE XI.-Crimes against the civil status of persons -..................-- 101
Chapter I. Fictitious representation of childbirth and usurpation of civil
status ..................------ ------........---.......--.. 101
Chapter II. Celebration of illegal marriages .. ........- ........ 101
TITLE XII.-Crimes against liberty and security ---...................----........ 102
Chapter I. Unlawful detentions..............------------ ..--- 102
('h i i. r II. Abduction of infants ------..............-------- ......... 103
Chapter III. Abandonment of children ......... ..-.....-- ----- 104
Chapter IV. Provision common to the three preceding chapters.-....... 104
Chapter V. Forcible entry of dwellings..................---------............ 104
Chapter VI. Threats and acts of compulsion .........-------------.............. 105
Chapter VII. Discovery and revelation of secrets---......................------- 105
TITLE XIII.-Crimes against property..................................... 106
Chapter I. Robbery....-.....-......---- ...- ................... 106
Chapter II. Theft.............................. ............... 109









TITLE XIII.-Crimes against property-Continued, I.ar
Chapter III. Appropriation of slaves belonging to others anl rlilht .:
slaves ...------..-------.. ----------------------------------........ 110
Chapter IV. -..,r ..-..........----------------------...--------- ........ 11-1.
Chapter V. Frauds...---.--...---.------------------------- ...-- -... -- Ill
Section I. Absconding and criminal failure and insolvency ... ...... ll
Section II. Swindles and other false pretense .............. ..... .. 1 1
Chapter VI. Plots to alter the prices of things-..--............... ...... I
Chapter VII. Pawnbroking establishments............................ I15
Chapter VIII. Arson and other malicious destruction of properly, .... ... 116
Chapter IX. Damage to property...............-...-- .... ....... .... I
Chapter X. General provisions ......------.........--. ..... .......... 1
TITLE XI.-Reckless negligence ............--......-- ........ .... .. 119

BOOK III.-Misdemeanors and their penalties.

TITLE I. Misdemeanors against public order------..........---..---- ........... 121
TITLE II. .1 II -.- .I r...i .. n ,, -r public interests and the government of towns 122
TITLE III. Misdemeanors against the per-n ......... .... ............. 125
TITLE IV. Misdemeanors against pro(l..... .... ..... .... ..... 127
TI.I: V. Provisions common to all :,,:.'i-r...I-.r...... ................... .. 'l
Final provision- .. ... ------- .----- .... .............. .................. 130

APPENDIX.
Headquarters Division of Cuba:
Order No. 67, June 1, 1899...------.---....-- -........................ 135
112, July 20, 1899 ....------..........---............ ......... 135
118, July 24,1899 ...-.------------... --................... .. 136
125, July 31,1899 .......................................... 137
230, December 4,1899 -..---.. ..----.....----- ..--....-....- 137
26, January 18,1900...........-...-...--- ..----.-----.... 138
116, March 17,1900.........-----...........----............. 138
150, April 10, 1900-----..............----- ............. .... 139
165, April 19, 1900...------..--......... ..... ............... 139
217, May 28, 1900 ---......-.......- ....---- -- ............... 140
239, June 12, 1900 .............----------................ .... 142
Headquarters Department of Porto Rico:
General Order No. 109, July 31, 1899 ................................... 143
128, August 24, 1899..-.............-............... -144
129, August 24,1899.-.............--.......-........ 145
151, September 27, 1899 .....---..................... 146
152, September 29, 1899 ------------...................... 147
54, March 12, 1900 ........-.....................-.. 148
87, April 25, 1900 .----.......-... ...........-...... 148
Penalties ..-----........---------------------...... ................... 150


















ROYAL DECREE.

Upon the recommendation of the Colonial Secretary, with the advice
and consent of the Council of Secretaries, and by virtue of the author-
ity vested in my Government by article 89 of the Constitution of the
Monarchy,
I hereby decree the following:
ART. 1. The amended Penal Code of June 17, 1870, shall be pub-
lished and go into effect from the date of its publication in the terri-
tory within the jurisdiction of the islands of Cuba and Porto Rico,
with the amendments recommended by the commission which has had
charge of this work.
ART. 2. In the same manner there shall be published and observed
in the islands referred to in the foregoing article the provisional law of
criminal procedure for the application of said Code, with the changes
recommended by the said commission.
ART. 3. The Gr.-. r.iiiA:lt shall inform the Cortes of this decree
and of the modified laws which are applied thereby to the colonial
provinces.
Given at the palace on May 23, 1879.
ALFONSO.
SALVADOR DE ALBACETE,
Colonial Secretary.
7
















































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a



3,















PENAL CODE.


BOOK I.

GENERAL PROVISIONS REGARDING CRIMES AND MISDEMEANORS,
THE PERSONS LIABLE, AND THE PENALTIES.

TITLE I.
CRIMES AND MISDEMEANORS, AND CIRCUMSTANCES WHICH EXEMPT FROM,
EXTENUATE, OR AGGRAVATE CRIMINAL LIABILITY.
CHAPTER I.

CRIMES AND MISDEMEANORS.
ART. 1. Crimes or misdemeanors are voluntary acts and omissions
punished by law.
Acts and omissions punished by law are always presumed to be
voluntary unless the contrary shall appear.
Any person voluntarily committing a crime or misdemeanor shall
incur criminal liability, even though the wrongful act committed be
different from that which he had intended to commit.
ART. 2. In case a court should have knowledge of any act which it
considers proper to repress and which is not punished by law, it shall
abstain from any proceedings in the matter, and shall state to the Gov-
ernment the reasons which induce it to believe that the act should be
the object of penal legislation.
The court shall apply to the Government in the same manner, stat-
ing what may be proper, without prejudice to immediately imposing
sentence, when a strict application of the provisions of the code would
result in an excessive penalty, taking into consideration the degree
of malice and the injury caused by the crime.
ART. 3. Not only is a, consummated crime punishable, but also a
frustrated crime and an attempt.
A crime is frustrated when the g i It y person performs all of the acts
of execution which should produce the crime as their consequence,
but nevertheless do not constitute it by reason of causes independent
of the will of the perpetrator.








There is an attempt when the guilty person makes a beginning in
the commission of a crime directly by overt acts, and does not per-
form all of the acts of execution which should produce the crime by
reason of some cause or accident other than his own voluntary
desistance.
ART. 4. A conspiracy and proposition to commit a crime are punish-
able only in the cases in which the law specially penalizes them.
There is a conspiracy when two or more persons act together for
the commission of a crime and decide to commit it.
There is a proposition when the person who has decided to commit
a crime proposes its execution to one or more persons.
ART. 5. Misdemeanors are punishable only when they have been
consummated.
Exception is made of frustrated misdemeanors against persons or
property.
ART. 6. Crimes are considered "grave" which the law punishes by
penalties which in :.i of their degrees are corporal.
Crimes are considered "less grave" which the law represses by
penalties which in their maximum degree are correctional.
Misdemeanors are infractions for which the law establishes li.ht
penalties.
ART. 7. Crimes which are punished by special laws are not subject
to the provisions of this code.
CHAPTER II.

CIRCUMSTANCES WHICH EXEMPT FROM CRIMINAL LIABILITY.

ART. 8. The following are not delinquent and are therefore exempt
from criminal liability:
1. An imbecile or lunatic, except when the latter has acted during a
lucid interval.
When the imbecile or lunatic may have committed an act which the
law defines as a "grave crime" the court shall order his confinement
in one of the asylums established for persons thus afflicted, which he
shall not be permitted to leave without the previous authorization of
the same court.
If the act committed by the imbecile or lunatic is defined by the law
as a "less grave crime" the court, according to the attendant circum-
stances, shall proceed in accordance with the provisions contained in
the foregoing paragraph or turn over the imbecile or lunatic to his
family, if the latter give sufficient security for his custody.
2. A person under 9 years of age.
3. A person over 9 years of age and under 15, unless he has acted
with the exercise of judgment.








The court shall make an express declaration with regard to this
point in imposing a penalty or in declaring said person irresponsible.
When the minor is declared irresponsible, in accordance with the
provisions of this and of the preceding number, he shall be delivered
to his family with a charge to guard and educate him. In the absence
of a person to guard and educate him he shall be taken to a charitable
institution for the education of orphans and foundlings, and he shall
not leave said institution except at the time and under the conditions
prescribed for its inmates.
4. He who acts in defense of his person or rights, provided there
are the following attendant circumstances:
(1) Illegal ~ ,i. --;..,
(2) Reasonable necessity of the means employed to prevent or
repel it.
(3) Lack of sufficient provocation on the part of the person defend-
ing himself.
5. He who acts in defense of the person or ri.-lht of his spouse,
ascendants, descendants, or legitimate, natural, or adopted brothers or
sisters, or of his relatives by affinity in the same degrees, and those by
consanguinity within the fourth civil degree, provided the first and
second circumstances mentioned in the foregoing number are attendant,
and' provided that in case the party attacked first gave provocation,
the defender took no part therein.
6. A slave acting in defense of his master, and a gratuitously
emancipated freedman in that of his patron, and either when acting in
defense of the spouses, ascendants, descendants, or brothers or sisters
of the said master or patron, provided that in any of these cases the
first and second circumstances mentioned in No. 4 of this article are
attendant, and that in case there was provocation on the part of the
party attacked the defender took no part therein.
7. He who acts in defense of the person or rights of a stranger,
provided the first and second circumstances mentioned in No. 4 are
attendant, and that the defender is not actuated by revenge, resent
ment, or other illegal motive.
8. He who in order to avoid an injury performs an act that causes
damage to another's property, provided the following circumstances
are attendant:
(1) Should the injury sought to be avoided really exist.
(2) Should it be greater than that caused to avoid it.
(3) Should there be no other practicable and less injurious means to
prevent it.
9. He who while performing a legal act with due care causes some
injury by mere accident without liability or intention of causing it.
10. He who acts by compulsion of an irresistible force.








11. He who acts under the impulse of an uncontrollable fear of an
equal or greater injury.
12. He who acts in the fulfillment of a duty or in the legitimate
exercise of a right, trade, or office.
13. He who acts by virtue of obedience due another.
14. He who is guilty of an act of omission, being prevented by legiti-
mate or insuperable causes.
CHAPTER III.

CIRCUMSTANCES WHICH EXTENUATE CRIMINAL LIABILITY.
ART. 9. The following are extenuating circumstances:
1. Those mentioned in the preceding chapter, when all the requisites
necessary to exempt from criminal liability in the respective cases are
not attendant.
2. When the culprit is under 18 years of age.
3. When the delinquent had no intention of committing so grave an
injury as that which he inflicted.
4. When sufficient provocation or threat on the part of the injured
party immediately preceded the act.
5. When the act was committed in the immediate vindication of a
grave offense committed against the author of the crime, his -pouiie.
ascendants, descendants, his legitimate, natural, or adopted brothers
or sisters, or relatives by affinity in the same degrees.
6. When the act was committed in a state of intoxication, if the
latter were not habitual or subsequent to the plan to commit the
crime.
The courts shall decide in view of the circumstances of the persons
and of the acts when intoxication is to be considered habitual.
7. When the person has acted under such powerful excitement as
would naturally produce entire loss of reason and self-control.
8. And, finally, any other circumstance of a similar nature and
analogous to the foregoing ones.

CHAPTER IV.

CIRCUMSTANCES WHICH AGGRAVATE CRIMINAL LIABILITY.
ART. 10. The following are :i.,l'lv:itiu, circumstances: 1
1. When the injured person is the spouse or ascendant, descendant,
legitimate, natural, or adopted brother or sister, or relative by affinity
in the same degrees of the offender.
2. When the injured person is the master or patron of the offender,
or the spouse, ascendant, descendant, or legitimate brother or sister
of the same.
3. When the act is committed with treachery.






13

There is treachery when the culprit commits any crime against per-
-sons employing means, methods, or forms in the execution thereof
which tend to directly and specially insure it without risk to the per-
son of the criminal arising from the defense the injured party might
make.
S4. When the crime is committed in consideration of a price, reward,
or promise.
5. When it is committed by means of inundation, fire, poison, explo-
sion, stranding of a vessel or intentional damage, derailment of a loco-
motive, or by the use of any other artifice involving great destruction.
6. When the crime is committed by means of printing, lithography,
photography, or other similar means facilitating publicity.
Courts shall take this circumstance into consideration, qualifying it
as aggravating or extenuating, according to the nature and effects of
the crime.
7. When the evil accomplished by the crime is deliberately increased
by causing other evils unir- .r -'ry3 for its execution.
8. When the act is committed with evident premeditation.
9. When craft, fraud, or disguise is employed.
10. When advantage is taken of superior strength or means are
employed to weaken the defense.
11. When the act is committed with abuse of confidence.
12. When advantage is taken by the culprit of his public position.
13. When means are employed or circumstances brought about
which add ignominy to the natural effects of the act.
14. When the crime is committed on the occasion of a fire, ship-
wreck, or other calamity or misfortune.
15. When the crime is committed with the assistance of armed per-
sons, or of persons who assure or provide immunity.
16. When it is committed at night, or in an uninhabited place or by
a gang.
The court shall take this circumstance into consideration according
to the nature and characteristics of the crime.
17. When the crime is committed in contempt of or with insult to
the public authority.
18. When the culprit has been previously punished for a crime for
which the law fixes an equal or greater penalty, or for two or more
crimes for which it fixes a lighter penalty.
This circumstance shall be taken into consideration by the courts
according to the circumstances of the delinquent and the nature and
effects of the crime.
19. When he is a recidivist.
A recidivist is the culprit who being found guilty of one crime
should have been sentenced for another crime included in the same
title of the code.








20. When the crime is committed in a sacred place, in the palace of
the Governor-General, or in the presence of the latter, or where public
authorities are engaged in.the discharge of their duties.
21. When the act is committed with insult or in disregard for the
respect which may be due the aggrieved party on account of his rank,
age, or sex, or when it is committed in his dwelling if he has not given
provocation.
22. When the act is committed against a white person by one who
is not white.
This circumstance shall be taken into consideration by courts accord-
ing to the nature and characteristics of the crime.
23. When the act is committed by wrongful entry.
Wrongful entry is such as is effected through any way not intended
for the purpose.
24. When it is committed by breaking through a wall, roof, or floor,
or lb forcing doors or windows.
25. When the culprit is a vagrant.
By a vagrant is understood a person who possesses no property or
income, does not habitually exercise any profession, art, or trade, and
has no employment, office, industry, lawful occupation, or any other
legitimate or known means of earning a livelihood, even though he
may be married and have a fixed domicile.
26. When the act is committed by the use of arms prohibited by the
regulations.

TITLE II.
PERSONS LIABLE FOR CRIMES AND MISDEMEANORS.

CHAPTER I.

PERSONS CRIMINALLY LIABLE FOR CRIMES AND MISDEMEANORS.

ART. 11. The following are criminally liable for crimes:
1. Principals.
2. Accomplices.
3. Accessories.
The following are criminally liable for misdemeanors:
1. Principals.
2. Accomplices.
ART. 12.' The following are considered principals:
1. Those who take a direct part in the execution of the act.
2. Those who directly force or induce others to execute it.
3. Those who cooperate in the execution of the act by another act
without which it could not have been accomplished.
'See Order No. 67, Headquarters Division of Cuba, June 1, 1899, page 135.








ART. 13. Accomplices are those persons who, not being included in
the preceding article, cooperate in the execution of the act by other
previous or simultaneous acts.
ART. 14. Accessories are those who, having knowledge of the com-
mission of the crime, and without having participated therein either
as principal or accomplices, subsequently take part in its execution in
any of the following manners:
1. By themselves making profit or by assisting the delinquents to
profit by the effects of the crime.
2. By concealing or rendering useless the body, effects, or instru-
ments of the crime in order to prevent its discovery.
3. By harboring, concealing, or assisting in the escape of the cul-
prit, provided any of the following circumstances are attendant:
(1) When the accessory takes advantage of any public office he may
be holding.
(2) When the delinquent is guilty of treason, regicide, parricide,
assassination, attempt against the life of the Governor-General, or
known to be an habitual criminal in any other crime.
ART. 15. Those who are accessories of their spouses, ascendants,
descendants, legitimate, natural, or adopted brothers or sisters, or rela-
tives by affinity in the same degrees, are exempt from the penalties
imposed upon accessories; also slaves and freedmen with regard to
their masters and patrons or the spouses or other relatives of the latter
in the degrees mentioned, with the only exception of such accessories
as may be included in No. 1 of the preceding article.

CHAPTER II.

PERSONS CIVILLY LIABLE FOR CRIMES AND MISDEMEANORS.

ART. 16. Every person criminally liable for a crime or misdemeanor
is also civilly liable.
ART. 17. The exemption from criminal liability declared in Nos. 1,
2, 3, 8, and 11 of article 8 does not include exemption from civil lia-
l;Irt3, which shall be enforced subject to the following rules:
(1) In cases 1, 2, and 3, the persons who are civilly liable for acts
committed by a lunatic or imbecile, or a person under 9 years of age,
or over this age and under 15, who has not acted with the exercise of
judgment, are those who have them under their authority, legal
guardianship, or power, unless they prove that there was no blame or
negligence on their part.
lhhol. there be no person having them under his authority, legal
guardianship, or power, or if such person be insolvent, the said luna-
tics, imbeciles, or minors shall answer with their own property,
excepting that part which is exempted for their support in accordance
with the civil law.








the time of the puhlicati,'n of said laws a final sentence should have
been pronounced and the ,onm i, t, .I person is serving his sentence.
ART. 22. The pardon of the .fdl r.I .I party does not extinguish a
penal action. This is not understood with regard to crimes which can
not be prosecuted without the previous denunciation or consent of the
injured party.
Civil liability with regard to the interests of the party condoning an
offense is extinguished by his express renunciation.
ART. 23. The following shall not be considered as penalties:
1. Detention and temporary confinement of the accused persons.
2. Suspension from public employment or office ordered during pro-
ceedings, or in order to institute them.
3. Fines and other corrections which, in the use of their administra-
tive or disciplinary powers, superiors may impose upon their subordi-
nates or upon those under their direction.
4. Deprivation of rights and reparations, which the civil laws may
establish in penal form.
CHAPTER II.
CLASSIFICATION OF PENALTIES.

ART. 24.' The penalties which may he imposed .... .lh._- to this
code, and their different classes, are those included in the following
general scale:
Corporal penalties.--Death; cadena p(erpetua; reclusion perpetua;
relegacion perpetual; perpetual expulsion; cadena, temporal; reclsidon.
temporal; relegacidn temporal; temporary expulsion; presidio mayor;
prisdln mayor; *.. -..; perpetual absolute disqualification;
temporary absolute disqualification; perpetual special disqualification
from public office, the right of suffrage, active and passive, and from
the exercise of a profession or trade; temporary special disqualifica-
tion from a public office, the right of -iIll i,. ,both active and passive,
and from the exercise of a profession or trade.
Correctional penalties.-Presidio correccionl; prisiwn correctional;
banishment; public censure; suspension from public office, active and
passive right of suffrage, and from the exercise of a profession or
trade; arrest mayor.
Light enalties.--Arresto n'mnor; private censure.
Penalties common to the three precedin( classes.-Fine; caution.
Accessory penalties.-Degradation; civil interdiction; subjection to
the surveillance of the authorities; forfeiture or confiscation of the
instruments and proceeds of the crime; payment of costs.
ART. 25. A fine, when imposed as the principal penalty, shall be
considered as a corporal penalty if it exceeds 6,250 pesetas; as correc-
'See Order No. 26, Headquarters Division of Cuba, January 18, 1900, page 138.
1571-2






18

tional if it does not exceed 6.250 and is not less than 325 pesetas, and
light if it does not amount to 325 pesetas.
ART. 26. The penalties of di-.plil 1it :Lt ini and suspension from pub-
lic office and the right of suffrage are accessory in those cases when, not
being specially imposed by law, it declares that other penalties shall
include them.
Costs of 1p... .i... ,1 are understood to be imposed by law upon those
criminally liable for any crime or misdemeanor.
CHAPTER III.

DURATION AND EFFECT OF PENALTIES.
SECTION I.--Durtion of penalties.
ART. 27. Persons condemned to cadena, reclusi6n, and relegacidn
p( ftca.wx, or to perpetual expulsion, shall be pardoned after having
served thirty years of their sentence, unless on account of their con-
duct or for other serious reasons they shall not be worthy of pardon
in the opinion of the Government.
The penalties of cadena, reclusi6n, and relegacin temporales, and
temporary expulsion, shall last for twelve years and one day to twenty
years.
Those of presidio and prisidn mayors and .. '- ... .' ,'. shall last
from six years and one day to twelve years.
Those of temporary absolute and temporary special disqualification
shall last from six years and one day to twelve years.
Those of presidio correcclonal and prisidn correctional shall last
from six months and one day to six years.
That of suspension shall last from one month and one day to six years.
That of aorrsto ,mayor shall last from one month and one day to six
months.
That of arresto minor shall last from one to thirty days.
That of caution shall last for the time the court may determine.
ART. 2S. The provisions of the preceding article shall not apply to
penalties imposed as accessory to others, in which case the accessory
penalties shall have the duration respectively fixed by law.
ART. 29. When the guilty person is imprisoned, the duration of the
temporary penalties shall commence from the day on which the con-
demnatory sentence was made final.
A\ I. the guilty person may not be imprisoned, the duration of pen-
alties consisting in deprivation of liberty shall commence as soon as
said person is at the disposal of the judicial authorities, in order to
serve his sentence.
The duration of the penalties of expulsion, coninamiento, and ban-
ishment shall commence only from the day on which the guilty per-
son commenced to serve his sentence.








If the guilty person should enter an appeal and it is refused, he
shall not be allowed the time that has elapsed between the sentence
appealed from and the one rejecting the appeal.

SECTION II.-E-fects of penalties according to their resJective nature.
ART. 30. The l" n.ilt of perpetual absolute disqualification shall
produce the following effects:
1. The deprivation of the person punished of all honors which he
may be enjoying, and of all public employment and" offices which he
may be holding, even though the latter come from popular election.
2. The deprivation of the rights to vote and to be elected to public
orfi;...-. of popular election.
3. The disqualification to acquire the honors, offices, employment
and rights mentioned.
4. The loss of all right to retirement with pay, suspension with
part pay, or any other pension for Ilth..-. he may have previously
filled, without prejudice to the pension for support the Government
may grant him as a reward for distinguished services.
Under this provision are not included rights already acquired at
the time of the condemnation by the widow or children of the person
punished.
AIT. 31. The penalty of temporary absolute disqualification shall
produce the following effects:
1. The deprivation of the person sentenced of all honors he may be
e,,i.i i. ;, and of all public employment and offices which he may be
holding, ilrlh.. ._.h the latter be filled by popular election.
2. The deprivation of the right of voting and being elected to pub-
lic .it.. by popular election during the term of the sentence.
3. The disqualification of acquiring the honors, employment, offices,
and rights mentioned in No. 1, likewise during the term of the sen-
tence.
ART. 32. Perpetual special disqualification from public ..th. .. shall
produce the following ti .-r-
1. The loss of the office or employment which it affects, and of the
honors attached thereto.
2. Disqualification to acquire other similar ones.
AIT. 33. Perpetual special disqualification from the right of suffrage
shall perpetually deprive the person punished of the right to vote and
being elected to the elective public office in question.
ART. 34. Temporary special disqualification for a public office shall
produce the following effects:
1. Loss of the ilti.-, or i.iil...\iii-i.t which it affects, as well as the
honors attached thereto.
2. Disqualification to acquire other similar offices or employment
during the term of the sentence.






20

ART. 35. Temporary special disqualification from the right of suf-
frage shall deprive the person punished of the right of voting and
being elected during the term of sentence for the popular elective
office affected by the sentence.
ART. 36. Suspension from a public office shall disqualify the person
punished from exercising the same, and from obtaining other similar
offices during the term of the sentence.
ART. 37. Suspension from the right of suffrage shall likewise dis-
qualify the person for the exercise thereof during the term of the
sentence.
ART. 38. When an ecclesiastical person is sentenced to the penalty
of disqualification in any of its classes, or to that of suspension, the
effects thereof shall be limited respectively to the offices, rights, or
honors which he does not derive from the church, and to'the salary to
which he is entitled by reason of his ecclesiastical office.
ART. 39. Perpetual special disqualification for a profession or trade
shall perpetually deprive the person punished of the privilege to
exercise the same.
Temporary disqualification therefore shall deprive him in the same
manner during the term of the sentence.
ART. 40. Suspension from the exercise of a profession or trade
shall produce the same effect as temporary disqualification during the
term of the sentence.
ART. 41. Civil interdiction shall deprive the person punished as
long as he suffers it, of the rights of paternal authority, guardianship
of person or property. participation in the family council, marital
authority, the administration of property, and the right to dispose of
his own property by acts inter vivos. Those cases are excepted in
which the law explicitly limits its effects.
AiT. 42. Subjection to the surveillance of the authorities.imposes
the following obligations on the persons punished:
1. That of fixing his domicile and giving notice thereof to the
authority immediately in charge of his surveillance, not being allowed
to change it without the knowledge and permission of said authority
in writing.
2. To observe the rules of inspection prescribed.
3. To adopt some trade, art, industry, or profession, should he not
have known means of subsistence of his own.
Whenever a person punished is placed under the surveillance of the
authorities notice thereof shall be given to the Government and to the
Governor-General.
AnT. 43. The penalty of caution shall oblige the person punished
to secure a sufficient bondsman, who shall guarantee that said person
will not commit the injury which it is endeavored to prevent, other-
wise binding himself to pay the sum which the court may have fixed
in the sentence.








The court shall fix the term of the bond in its discretion.
If the person punished should not furnish bond, he shall incur the
penalty of banishment.
ART. 44. Persons sentenced to the penalties of disqualification for
public offices, for the right of suffrage, or for a profession or trade,
perpetually or temporarily, may be rehabilitated in the form prescribed
by law.
ART. 45. "A pardon shall not produce rehabilitation for the discharge
of public office and for the exercise of the right of suffrage, unless
said r,-alilit.tirii be specially granted in the pardon.
ART. 46. Costs shall include fees and indemnifications incurred in
judicial proceedings, whether consisting of fixed or unalterable
amounts, by reason of being previously fixed by laws, regulations, or
royal orders, or not fixed by any schedule.
ART. 47. The amount of fees and indemnifications not previously
fixed in the terms prescribed in the preceding article shall be fixed by
the court in the manner established by the law of criminal procedure.
ART. 48. In case the property of the person punished should not
be sufficient to cover all the pecuniary liabilities, they shall be satisfied
in the following order:
1. Reparation of the injury caused and indemnification of damages.
2. Indemnification to the State for the amount of stamped paper
and other expenses which may have been incurred on his account in
the cause.
3. The costs of the private accuser.
4. Other costs of procedure, including those of the defense of the
person prosecuted, without preference among the persons interested.
5. The fine.
'-1iIl.l1 the crime have been of those which can be prosecuted only
at the instance of a party, the costs of the private accuser shall be
satisfied in preference to the indemnification to the State.
ART. 49. If the person sentenced should not have property to
satisfy the pecuniary liabilities included in Nos. 1, 3, and 5 of the
preceding article, he shall be subject to a subsidiary personal liability
at the rate of one day for every 121 pesetas, according to the follow-
ing rules:
1. If the principal penalty imposed is to be undergone by the
criminal confined in a penal institution, he shall continue therein,
although said detention can not exceed one-third of the term of the
sentence, and in no case can it exceed one year.
2. If the principal penalty imposed is not to be undergone by the
criminal in a penal institution and its duration is fixed, he shall con-
tinue subject, for the time mentioned in the preceding article, to the
same deprivations of which said penalty must consist.
3. If the principal penalty imposed should be a censure, fine, or
caution, the insolvent guilty person shall be confined in the district jail








for a term which can not exceed six months in any case, should he have
been prosecuted for a crime, or fifteen days should he have been pros-
ecuted for a misdemeanor.
ART. 50. The subsidiary personal liability on account of insolvency
shall not be imposed upon the person condemned to a penalty higher
in the general scale than that of presidio correctional.
AKT. 51. The personal liability which the criminal may have
incurred by reason of insolvency shall not exempt hini from the
reparation of the injury caused and indemnification of damages if his
pecuniary circumstances should improve, but it shall exempt him
from the other pecuniary liabilities included in numbers 3 and 5 of
article 48.

SECTION III.-Punikhments which include other accessory penalties.

ART. 52. The death penalty, when it is not carried out because the
criminal has been pardoned, shall include perpetual absolute dis-
11u iliti .itrl.. and subjection of the criminal to the surveillance of the
authorities for the term of his life, unless said accessory penalty has
been specially remitted in the pardon.
ART. 53. The penalty of cadena perpetual shall include the following
accessory penalties:
1. D. 1 Lt i'i. in case the principal penalty of cadena perpetual is
imposed upon a public official by reason of abuse committed in the
exercise of his office, if said office is one of those which confer a per-
manent character.
2. Civil interdiction.
3. Subjection to the surveillance of the authorities during the life
of the person punished.
Even though the latter should obtain pardon from the principal pen-
alty, he shall suffer that of perpetual absolute disqualification and sub-
jection to the surveillance of the authorities during his life, unless this
accessory penalty has been remitted in the pardon of the principal
one.
ART. 54. The penalties of reclusimn perpetual, relegacidn perpetua,
and perpetual expulsion shall include that of perpetual absolute dis-
qualification and subjection to the surveillance of the authorities
during the life of the person punished, said accessory penalties being
suffered by the latter even though he may have been pardoned as to
the principal one, if they have not been remitted in the pardon.
ART. 55. The penalty of cadena temporal shall include the follow-
ing accessory penalties:
1. Civil interdiction of the person punished during the term of the
sentence.
2. Perpetual absolute disqualification.







3. Subjection to the surveillance of the authorities during the life
of the person punished.
ART. 56. The penalty of presidio mayor shall include those of abso-
lute temporary disqualification and subjection to the surveillance of
the authorities for a term equal to that of the principal punishment,
which shall begin to be counted from the date of the fulfillment of
the same.
ART. 57. The penalty of presidio correccional shall include suspen-
sion from any public office, profession, trade, or from the right of
suffrage.
ART. 58. The penalties of reclusidn temporal, relegacidn temporal,
and temporary expulsion shall include temporary absolute disquali-
fication during their term and subjection to the surveillance of the
authorities during the term of the sentence and as long again, which
shall be counted from the time the sentence is fulfilled.
ART. 59. The penalty of cofinamiento shall include that of tempo-
rary absolute disqualification and subjection to the surveillance of the
authorities during the term of the sentence and as much again, which
shall begin to be counted from the completion of the former.
ART. 60. The penalties of prisid mayor and prisin correctional
and arrest mayor shall include suspension from any office and from
the right of suffrage during the term of the sentence.
ART. 61. Every penalty which may be imposed for a crime shall
include the forfeiture of the proceeds of the crime and of the instru-
ments used in its execution.
Both shall be confiscated unless they belong to a third party who is
not responsible for the crime.
Things thus confiscated shall be sold if they are of licit commerce,
the proceeds thereof being applied to cover the liabilities of the per-
son Inii-h..1. or shall be rendered useless if they are illicit.

CHAPTER IV.

THE APPLICATION OF PENALTIES.

SECTION I.--Ruls fo the application of penalty ies to principals in a
consumoiate(d crime, fi, treatedd crime, and attempt, aml to accomplices
and occsoaries the reto.

ART. 62. Upon the principals in a crime or misdemeanor the pen-
alty shall.be imposed which may have been prescribed by the law for
said crime or misdemeanor.
Whenever the law shall establish the penalty for a crime in general
terms it shall be understood as being imposed upon the consummated
crime.







ART. 63. In cases in which the crime committed is different from
that which the culprit had intended to commit the following rules shall
be observed:
1. If the penalty prescribed for the accomplished crime should be
higher than that corresponding to the crime which the culprit had
intended to commit, the penalty corresponding to the second shall be
imposed on the culprit in its maximum degree.
2. If the penalty prescribed for the accomplished crime should be
lower than that prescribed for the one which the culprit had intended
to commit, the penalty corresponding to the former shall be iwmpowed
on him, also in its maximum degree.
3. The provisions of the preceding rule shall not be applicable if
the acts committed by the culprit should constitute, besides, an
attempt to commit another crime or another frustrated crime, if the
law should punish these acts with a higher penalty, in which case that
corresponding to the attempt or frustrated crime shall be imposed in
its maximum degree.
ART. 64. Upon the principals in a frustrated crime shall be imposed
the penalty next lower in degree than that prescribed by the law for
the consummated crime.
The same rule shall be observed regarding the principals in frus-
trated misdemeanors.
ART. 65. Upon the principals in an attempt to commit a crime shall
be imposed a penalty lower by two degrees than that prescribed by
law for the consummated crime.
ART. 66. Upon the accomplices in a consummated crime shall be
imposed the penalty next lower in degree than that prescribed by law
for the consummated crime.
ART. 67. Upon the accessories in a consummated crime shall be
imposed the penalty lower by two degrees than that prescribed by law
for the consummated crime.
ART. 68. Upon the accomplices in a frustrated crime shall be
imposed the penalty next lower in degree than that prescribed by law
for the frustrated crime.
ART. 69. Upon the accessories in a frustrated crime shall be imposed
the penalty lower by two degrees than that prescribed by law for the
frustrated crime.
ART. 70. Upon the accomplices in an attempt to commit a crime
shall be imposed the penalty next lower in degree than that prescribed
by law for the attempt to commit the crime.
ART. 71. Upon the accessories in an attempt to commit a crime
shall be imposed the penalty lower by two degrees than that pre-
scribed by law for the attempt to commit the crime.
ART. 72. There are excepted from the provisions of articles 67, 69,
and 71 the accomplices mentioned in No. 3 of article 14, in whose







cases the first circumstance mentioned in said number is attendant,
upon whom the penalty of perpetual special disqualification shall be
imposed if the delinquent harbored should have been guilty of a grave
crime, and that of temporary special disqualification if he should have
been guilty of a less grave crime.
ART. 73. The general provisions contained in articles 64 to 72,
inclusive, shall not be applicable to cases in which the frustrated
crime, the attempt, the complicity, or the participation after the fact
(encubrimiento) are specially penalized by law.
ART. 74. In order to graduate the penalties which, in accordance
with the provisions of articles 64 to 72, inclusive, should be imposed on
the principals in a frustrated crime and in an attempt to commit
crime, and upon the accomplices and accessories, the following rules
shall be observed:
1. When the penalty prescribed for the crime is a single and indi-
visible one, the penalty next lower shall be that following in number
the indivisible penalty in the respective graduated scale.
2. When the penalty prescribed for the crime is composed of two
indivisible penalties, or of one or more divisible penalties imposed to
their full limit, the penalty next lower shall be that which follows in
number the lesser of the penalties imposed in the respective graduated
scale.
3. When the penalty prescribed for the crime is composed of one or
two indivisible penalties and the maximum degree of another divisible
penalty, the penalty next lower shall consist of the medium and mini-
mum d. i.. of the said divisible penalty and the maximum degree of
that following in number in the respective graduated scale.
4. When the penalty prescribed for the crime is composed of vari-
ous degrees, corresponding to several di- i;ll penalties, that next
lower shall consist of the degree that follows the minimum of those
constituting the penalty imposed, and of the two others next immedi-
ate, which will be taken from the penalty imposed, if it should have
any, and otherwise from the penalty following in number in the
respective ; I i.1' t..1 scale.
5. When the law prescribes the penalty for the crime in a form not
specially mentioned in the four preceding rules, the courts, preceding
by analogy, shall impose the penalties corresponding to principals,
accomplices, and accessories in a frustrated crime and in an attempt to
commit a crime.
ART. 75. When the penalty prescribed by law for a crime should
have been included in two scales, the graduation prescribed in the pre-
..- lii, article shall be made according to the scale which includes the
penalties by which are punished the greater part of the crimes
referred to in the section, chapter, or title in which the crime is con-
tained.







26

Demonstrative table of the provisions of this chapter.


]I *.*a* ti rihed


PenalPenalty pertaining
Penalty tai- to the principal
ing to the prn in an attempt at
rcipal a frus- consummated
treated crime crime, accessory
and the accom- in the same crime,
police in a con- and accomplices
s... t te d acc _m p1}cles


crime.

First case, death .... Cadena perpetua..
Second casf Cadena temporal..
I .. I cadena Presidio mayor in
temporal in its its maximum
maximum degree degree to ca-
to death, dena temporal
in its medium
degree.
Fourth ease, pre- Presidio correc-
sidio mayor in its cional in its
maximum degree maximum de-
to eiul"nc t,''.". green to presidio
ral in its ... i..I... Fimayorinitsme-
degree. dium degree


in a trustratea
crime.

Cadela temporal....
Presidio mayor......
Presidio correeeio-
nal in its maxi-
mum degree to
presidio mayor in
its medium de-
gree.
Arrest mayor in
its maximum de-
gree to presidio
., :igS
~i-j'liA *I- tr .


Penalty pertain-
ing to an acces-
sory in a frus-
trated crime
and accom-
plices in at-
tempt.


Presidio mayor....
Presidio correceio-
nal.
Arrest mayor in
Maximum
]. L. to pre-
Scorreceio-
-"/in it- medi-
Fine anh arrest
mayor in its
minimum and
medium de-
grees.


Penalty pertain-
ing to an acces-
sory in a attempt
to commit a
crime.


Presidio correecio-
nal.
Arrest mayor.
Fine and arrest
iqysor in its
minimum and
medium degrees.

Fine.


SECTION II.- Rules for the application of penalties with regard to
I' '.' .' and '.,,, ...,,l','! .,; circumstances.

ART. 76. Extenuating or aggravating circumstances shall be taken
into consideration in i-.1.i ii; or increasing the penalty in the cases
and in accordance with the rules prescribed in this section.
ART. 77. Aggravating circumstances which in themselves constitute
a crime specially punished by law, or which the law has mentioned in
describing and penalizing it, shall not have the effect of increasing a
penalty.
Nor shall this t. I t be produced by .tL_'ravia;:itii circumstances that
are inherent in such manner to the crime that without the attendance
thereof the crime could not be committed.
ART. 78. The I'._ I. .ii.I or extenuating circumstances that consist
in the moral condition of the delinquent in his private relations with
the injured party, or in any other personal cause, shall serve to
aggravate or diminish the liability of only the principals, accom-
plices, or accessories who may be affected thereby.
The circumstances which consist in the material execution of the
deed or in the means employed to accomplish it shall serve to aggra-
vate or diminish the liability of those persons only who were acquainted
with them at the moment of the commission of the crime or of their
cooperation therein.
ART. 79. In cases in which the law prescribes only one indivisible
penalty the courts shall apply it without consideration of the aggra-
vating or extenuating circumstances attending the deed.
In cases in which the law prescribes a punishment composed of two
indivisible penalties the following rules shall be observed in the
application thereof:
1. If an a..-.i itig circumstance alone should have attended the
deed, the higher penalty shall be applied.








2. If neither extenuating nor aggravating circumstances should
have attended the deed the lesser penalty shall be applied.
3. If an extenuating circumstance and no aggravating one should
have attended the deed the lesser penalty shall be applied.
4. If both aggravating and extenuating circumstances should have
attended the deed the courts shall make reasonable allowance therefore,
with regard to their number or importance, in applying the penalty
in accordance with the foregoing rules, according to the result pro-
duced by such allowance.
ART. 80. In cases in which the penalty prescribed by law contains
three degrees, whether it be a singe divisible penalty or composed of
three different penalties, each of which forms a degree, in accordance
with the provisions of articles 95 and 96, the courts shall observe for
the application of the penalty the following rules, according as to
whether there are or not extenuating or aggravating circumstances:
1. If neither ,ir'r. a.tin nor extenuating circumstances should
have attended the deed they shall impose the penalty prescribed by
law in its medium degree.
2. If only an extenuating circumstance should have attended the
deed they shall impose the penalty in its minimum degree.
3. If only an *.e.'.o.~ itiir.. circumstance should have attended the
deed they shall impose the penalty in its maximum degree.
4. If both extenuating and aggravating circumstances should have
attended the deed they shall make a reasonable allowance in the desig-
nation of the penalty by counterbalancing the weight of the one and
the other.
5. If two or more very marked extenuating circumstances and no
i_! i .itiii circumstance should have attended the act the court shall
impose the penalty next lower to that prescribed by the law, in the
degree that it considers proper, according to the number and importance
of such circumstances.
6. Whatever may be the number and importance of the :I:, 1. at i i._
circumstances, the courts shall not impose a higher penalty than that
prescribed by law in its maximum degree.
7. Within the limits of each degree the courts shall determine the
extent of the penalty, in view of the number and importance of the
aggravating and extenuating circumstances and the greater or lesser
extent of the evil produced by the crime.
ART. 81. In those cases in which the penalty prescribed by law is
not composed of three degrees the courts shall apply the rules con-
tained in the fli,- ..;il. article, dividing into three equal periods the
term embraced in the penalty imposed, forming one degree of each of
the three periods.
ART. 82. In the application of fines the courts may go to the full
limit within which the law permits their imposition, taking into con-
sideration, in order to determine their amount in each case, not only








the .:l.'r. itin ilL and extenuating circumstances of the act, 'ut chiefly
the wealth or means of the culprit.
ART. 83. If all the conditions necessary to exempt from liability in
the case of No. 9 of article 8 should not be attendant, the provisions of
article 590 shall be observed.
AIT. 84. Upon a person under 15 but over 9 years of age, who is
not exempt from liability by reason of the court having declared
that he acted with the exercise of judgment, a discretionary penalty
shall be imposed, but always lower by two degrees at least than that
prescribed by law for the crime which he committed.
Upon a person over 15 and under 18 years of age the penalty shall
always be imposed in the proper degree which is next lower than that
prescribed by law.
ART. 85. A penalty lower by one or two degrees than that prescribed
by law shall be imposed if the deed were not wholly excusable by
reason of the lack of some of the conditions required to exempt from
criminal liability in the respective cases mentioned in article 8, pro-
vided that the greater number thereof be attendant, the penalty being
imposed in the degree the courts may consider proper, taking into
consideration the number and importance of the requisites absent or
present.
This provision is understood without prejudice to that contained in
article 83.

SECTION III.--Provis ions co)?on to the two preceding sections.
ART. 86. Upon a person _gil t of two or more crimes or mis-
demeanors shall be imposed all the penalties corresponding to the
various violations of the law, to be simultaneously served if possible,
in view of the nature and effects of such penalties.
ART. 87. If all or any of the penalties corresponding to the various
violations of the law could not be simultaneously served by the person
condemned, the t. II..'.. !,; rules shall be observed with regard thereto:
1. In the imposition of the penalties, the order of their respective
severity shall le observed for their successive fulfillment, so far as
possible, by the person condemned by reason of having obtained
pardon for. or .served out, those first imposed.
For the observance of the provisions of the preceding paragraph,
the respective severity of the penalties shall be determined in accord
ance with the following scale: Death, cadena poeretua, cadena ten-
,ral'1, r edlusti'dn p iretua, reeldusion tmporal, presidio mayor, prisn
1o0 yor. j,'esidio e(i i'eeiona, p;risid correccional, anresto mayor, rele-
/('iO;l jp ''pltea, relltgaei4n tempt'oal, perpetual expulsion, temporary
expulsion, .... banishment.
2. N. 'r ;ilil-.ii.n- the provisions contained in the preceding rule,
the maximum duration of the sentence of the culprit shall not exceed
three times the time which the most severe of the penalties that he








may have incurred should have imposed on him; and there shall not
be imposed on him other proper penalties when those already imposed
shall have covered the maximum of the aforementioned term.
In no case shall such maximum term exceed forty years.
For the application of the provisions of this rule, the duration of a
perpetual penalty shall be reckoned at thirty years.
ART. 88. The provisions of the foregoing article are not applicable
to a case in which a single act should constitute two or more crimes,
or if one of them should be a necessary means for committing the
others.
In such cases, only the penalty corresponding to the more serious
crime shall be imposed in its maximum degree.
ART. 89. Whenever the courts should impose a penalty that includes
other punishments by provision of law, according to the prescriptions
of Section III of the preceding chapter, they shall also specifically
sentence the culprit to the said penalties.
ART. 90. In cases for which the law prescribes a penalty lower or
higher by one or two degrees than another given penalty, the rules
prescribed in articles 74 and 75 shall be observed in graduating it.
The lower or higher penalty shall be taken from the graduated scale
in which the given penalty may be included.
If a penalty higher than that of arrest mayor is to be applied, it shall
be taken from the scale including the penalties prescribed for the graver
crimes of the same character as that punished with arresto mayor.
The courts shall bear in mind, in making application of a lower or
higher penalty, the following graduated scales:
Scale No. 1.-(1) Death, (2) cadena perpetuu, (3) cadena temporal,
1I2 presidio mayor, (5) presidio correccional, (6) arrest.
Scale No. 2.-(1) Death, (2) reclusi(n perpetual, (3) reclusiodn tem-
poral, (4) priisi;n mayer, (5) prisiin correccional, (6) arrest.
Scale No. 3.-(1) Relegaci6n perpetual, (2) elegacidn temporal, (3)
ceMfinamiento, (4) banishment, (5) public censure, (6) caution.
Scale l'. 4.-(1) Perpetual expulsion, (2) temporary expulsion, (3)
... *.... '..., (4) banishment, (5) public censure, (6) caution.
Scale No. 5.-(1) Perpetual absolute di-,1i.il hn. ItI.ii, (2) temporary
absolute dili.ri.l-,,iti., (3) suspension from public office, right of
suffrage, active and passive, profession or trade.
Scale V.. 6.-(1) Perpetual special disqualification, (2) temporary
special disqualification, or (3) suspension from public i.ti. right of
suffrage, active and passive, profession and trade.
ART. 91. The fine shall be considered as the last penalty in every
'.n.' of th. preceding graduated scales.
If it -hould be imposed in this character, the subsidiary li l-ility cor-
ii-ponlir.nl thereto by reason of the insolvency of the culprit, estab-
i-hbed in articlee 49, can not exceed the duration of the term pertaining
t, tihe pt alty immediately higher in the respective scale.









ART. 92. In cases to which the law prescribes a penalty higher than
another determined penalty, without pl.-. iti .lly designating i hat it
may be, if there should be no higher penalty in the respective scal-.
or if the former should be that of death, the following shall be con_,id-
ered as penalties immediately higher:
1. If the penalty determined were that of cadena or re ,.;i.,' p" -
petua, or perpetual, absolute, or special disqualification, the sanlr peu-
alties, with the proviso that the condemned person shall not enjoy the
benefit established in article 27 of this code until the completion of
forty years.
2. If it should be that of relegacin, perpetua, the penalty of ri-, *.el.~
perpetuta.
3. If it should be that of perpetual expulsion, the next higher pen-
alty shall be that of relegaci~n perpetual.
ART. 93. Whenever it may be necessary to increase or reduce the
penalty of fine by one or more degrees, it shall be increased or reduced
respectively for each degree by the fourth part of the maximum
amount prescribed by law, and in order to reduce it the reverse opera-
tion shall take place.
The same rules shall be observed with regard to fines that do not
consist of a fixed amount, but of a proportional amount.
ART. 94. When women shall commit crimes which this code pun-
ishes with the penalties of cadenm p)erpttua or cadena temporal, or
with those of preteidio 'iaiyor or presidio correccional, there shall be
respectively imposed upon them those of reclusidn peipetua or reclu-
sin tenmporal, lpri.'id iin /yo-r or p/ii'sin-correccional.
ART. 95. In the divisible penalties the legal term of duration is
understood as distributed into three parts, forming the three degrees;
that is, the minimum. medium, and maximum, in the !anner shown
in the following:

Table showing the duratlion f divisibl e ipenllties and the time which each one of their degrees
orularces.

T' '.....** I N I I i l'Ti ed inclu i Time included in Time included in
Penalties. iI. I 1, itis minimum its medium de- itsmaximumde-
its enirety. degree. gree. gree.

Tem porary edciln. Froml2 yearr nd Fri...l .i ,, .. From 141 years, 8 From 17 years, 4
r iesin, rl 1l yto 20 ears. l I 1 u months, and 1 months, and 1
cidn, expnusi on. :.. I 1,, ,. day, to 17 years day to 20 years
iand 4 months.
IPr/ tndian i j 'From 6 yeirs I and Flro U 6 years and From 8 years and 1 From 10 years and
n'ior,, li ay to 1 eart".. 1 ldy to 8 years. day to 10 years 1 day to 12 years.
rule tcmporttry,
cial distnalihlrin-
tioln.
P.niinliandriiiti Fronm onths From nI mnti ron nths Fromn 2 years, 4 From 4 i.t r, 2
orrr ionmnat and and 1 day to 6 and 1 day to 2 ,.i .... 1 and 1 months, -i.nI 1
hantninient. <,ars. year and 4 1.. i. 4 years day to years.
nionths. and 2 months.
Sotpntsion.......... From I nonnth From I month Fromn 2 years and I From 4 years and
and 1 day to 6 and 1 day to 2 day to 4 years. 1 day to 6 years.
yenrs. ytars.
Arrmnie a ly ..yr...... Froin 1 monlil l 1 From I to 2 1] .. i, ,ri, In, i From 4 months
and I dLy ito 1i months. .1 ,, i i .. .,tr.. and 1 day.to 6
months. t 2 months.
Ari nieii ....... IT'oir 1 to 30 dy si. Front 1 to 10 days. From 11 to 20days From21 to 30 days.








ART. 101. Until there shall be a place provided in the jail- for the
public execution of the death penalty, the person senten edJ thereto,
who shall be dressed in a black cassock, shall be taken to the -tcaflold
in the carriage provided for that purpose, or in a cart in the absence
of the former.
ART. 102. The corpse of the person executed shall be exposed on
the scaffold for four hours, after which it shall be bu ied; heing
delivered to his relatives or friends for this purpose if trjey should
solicit it. The funeral must be held without display.
ART. 103. The penalty of death shall not be inflicted upon a woman
while she is I.t. .1' iit: nor shall she be notified of the sentence that
has been imposed upon her until forty days after her delivri-V.
ART. 104. The penalties of cadena perpetual and cade... !.,' 'e*,,id
shall )e served in any of the places provided for such purpose, to the
exclusion of the islands of Cuba and Porto Rico.
ART. 105. Those sentenced to cadena temporal or cadena perpetual
shall labor for the benefit of the "t.ar.; they shall always carry a
chain at the ankle, hanging from the waist; they shall be employed in
hard and painful labor and shall receive no assistance whatsoever
from without the institutions.
Nevertheless, if the court, taking into consideration the age, health,
condition, or any other personal circumstance of the delinquent, should
believe that he should undergo his penalty in labors within the insti-
tution, it shall so declare in the sentence.
ART. 106. Those sentenced to cad)na temnploral or cadena perpetua
can not be assigned to private works or to public works that are exe-
cuted by business enterprise or by contracts with the Government.
AuT. 107. A person condemned to cadena temporal or cadena per-
pehfa who should have attained the age of 60 years before the passing
of sentence, shall serve his sentence at a prison for serving the penalty
of ptresidio mayor.
If he should attain said age ,Ii1I. tI1.r._-..in,. his sentence, he shall
he transferred to the latter penal institution, in which he shall remain
for the time prescribed in the sentence.
ART. 108. -Recleluiw, p(6i ji ta and rccluridn teimporal shall be served
in institutions within or without the islands of Cuba and Porto Rico.
Those condemned thereto shall be subject to forced labor for the
benefit of the State within the precincts of the institution.
ART. 109. The penalties of r1lyacidn pe-p)etua and relegacidm tem-
peral shall be served without the islands of Cuba and Porto Rico, at
the places provided therefore by the Government.
Those IIil. ._:, .ir,' this sentence may devote themselves freely, under
the surveillance of the authorities, to their profession or trade within
the radius to which the limits of the penal institution extend.






34

Those sentenced to banishment shall be precluded from entering the
place or places designated in the sentence or within the i.idius therein
designated, which shall include a distance of 25 kilometers at least and
250 kilometers at most from the place designated.
ART. 115. The person sentenced to public censure shall receive it in
person at a sitting of the court, with open doors.
The person sentenced to private censure shall receive it in person
at a sitting of the court and in the presence of the secretary, behind
closed doors.
ART. 116. A-rrveto mayor shall be served in the public building pro-
vided for the purpose in the seats of judicial districts.
The provisions contained in the second paragraph of article 113 are
applicable in their respective cases to those condemned to this penalty..
ART. 117. Arresto menu shall be served at the town halls or other
public buildings, or in the house of the culprit himself, if the sentence
shall so declare, without his being allowed to leave the same during
the entire period of the sentence.
Apprentices, serfs (colono.), and slaves shall suffer the penalty at
the house of their master, patron, or owner on the same terms as those
expressed in the preceding paragraph.

SECTION III.-Accessory penalties.

AnT. 118. A person sentenced to degradation shall, at a-public sit-
ting of the court, be stripped by a bailiff of his uniform, robes of
office, insignia, and decorations.
The stripping off shall be carried out at the command of the presid-
ing judge, who shall order it, in the following manner: "Strip (tMe
nmin of tli person s nt-nced) of his insignia and decorations, to wear
which the law declares him unworthy. The law degrades him because
he has degraded himself."

TITLE IV.
CIVIL LIABILITY.
ART. 119. The civil liability established in Chapter II, Title II, of
this book includes: (1) Restitution, (2) reparation for the damage
caused, (3) indemnification for losses, (4) enforced manumission.
ART. 120. The restitution of the thing itself must be made, if pos-
sible, with payment for deteriorations or diminutions of value, to be
appraised by the court.
Restitution shall be made, even though the thing may be in the pos-
session of a third person who had acquired it in a legal manner, reserv-
ing, however, his action against the proper person.
This provision is not applicable to a case in which the third person
has acquired the thing in the manner and with the requisites estab-
lished by law to make it unrecoverable.






35

ART. 121. The reparation shall be made by the appraisal of the
amount of damage by the court, taking into consideration the value
of the thing whenever possible, and the value as a keepsake to the
party aggrieved.
ART. 122. Indemnification for losses shall include not only those
which may have been caused the aggrieved party, but also those that
may have been inflicted upon his family or upon a third person by
reason of the crime.
The courts shall regulate the amount of such indemnification upon
the same terms as prescribed for the reparation of damage in the
foregoing article.
AnT. 123. The obligation to make restitution, to repair the dam-
ages or indemnify the losses, is transmitted to the heirs of the person
liable.
The action to demand restitution, reparation, or indemnification is
also transmitted to the heirs of the person injured.
ART. 124. If there are two or more persons civilly liable for a
crime or misdemeanor, the courts shall determine the share for which
each shall be liable.
ART. 125. Notwithstanding the provision contained in the preceding
article, the principals, accomplices, and accessories, each within their
respective class, shall be held jointly liable among themselves for
their shares, and -.i-,l i iril for those of the other persons liable.
The subsidiary liability shall be enforced, first against the property
of the principals, next against that of the accomplices, and finally
against that of the accessories.
In cases in which the joint liability has been enforced as well as the
subsidiary li il'ility, the right of action is reserved by the person who
has paid, against the others for the shares due from each.
ART. 126. Whosoever may have gratuitously shared in the proceeds
of a crime or misdemeanor is obliged to make indemnification in so
far as he may have participated therein.

TITLE V.
PENALTIES INCURRED BY THOSE WHO VIOLATE THEIR SENTENCE, AND BY
THOSE WHO COMMIT A NEW CRIME WHILE SERVING SENTENCE.
CHAPTER 1.
PENALTIES INCURRED BY THOSE WHO VIOLATE THEIR SENTENCE.
A.ii. 127. Persons serving a sentence who should violate it,shall
-utH.-r ;m ;i.rgravation of their punishments, subject to the provisions
of tb.- t. llI.iwing rules:
1. Thh..-e sentenced to cadena or reclusidn shall complete their
reC-,:.tl.v terms, and be made to suffer, during a space of time not
-exeerdil.r three years, the greatest deprivations authorized by the
regulati...in, and shall be assigned to the most painful tasks.






36

If the penalty should be perpetual, they shall not enjoy the benefit
granted by article 27 until after having served the .i"r.,'atioin of
penalty imposed upon them.
If the penalty should be temporary and the aggravation of penalty
could not be served within the term fixed in their original sentence,
they shall continue subject thereto until the period of the aggravation
has expired.
2. Those sentenced to relegacidn or expulsion shall be condemned
to pris'id; correctional for a period not to exceed three years, which
must be served, in case of those sentenced to relegacidn, at the place
of rclqeacidn if possible, and, otherwise, at the nearest possible place
thereto; and those sentenced to expulsion, at one of the penal institu-
tions of the Kingdom.
When these sentences have been served, they shall serve out their
original sentences.
3. Those sentenced to presidio, prision, or arrest shall suffer an
increase of the said penalties, not to exceed the one-sixth part of the
time still lacking for the completion of their original sentence.
4. Those sentenced to cwnfinamiento shall be condemned to prisid
correccional not to exceed two years; and after this penalty is served,
they shall serve out that of confinanolento.
5. Persons banished shall be condemned to arrest mayor, after
serving which they shall serve out their term of banishment.
6. Those disqualified from office, from the right of suffrage, profes-
sion, or trade, who shall obtain or exercise the same shall be condemned
to amrrsto mayoe and a fine of from 250 to 2,500 pesetas, if their act
should not constitute a special crime.
7. Those suspended from (o11;. the right of suffrage, profession, or
trade, who shall nevertheless practice it, shall suffer an increase for a
period equal to that of the original sentence and a fine of from 150 to
1,500 pesetas.
8. Those placed under the surveillance of the authorities who fail
to observe the rules they ought to observe shall be condemned to
wr,' (sto ,i aywl having completed which term they shall continue sub-
ject to the surveillance of the authorities until the expiration of such
penalty.
ART. 128. The aggravations prescribed in the preceding article with
regard to those deprived of their liberty shall not be applied to those
who escape from penal institutions or the stations thereof without
violence, intimidation, or resistance, without breaking doors or win-
dows, walls, roofs, or floors, without the use of picklocks or false
keys, without scaling walls, and without an understanding with other
convicts or attendants of the institution.
The violation of a sentence without one or more of these attendant
circumstances shall be punished with one-fourth of the enau.lty rIesptc-
tively prescribed in article 127.








CHAPTER II.

PENALTIES INCURRED BY THOSE WHO COMMIT ANOTHER OFFENSE AFTER
HAVING BEEN CONDEMNED BY FINAL SENTENCE, EITHER BEFORE OR
WHILE SERVING IT.

ART. 129. Those who should commit any crime or misdemeanor
after -.i .i.' been condemned by a final sentence before beginning to
serve it, or during the time of their punishment, shall be punished in
accordance with the following rules:
1. The maximum degree of the penalty prescribed by law for the
new crime or misdemeanor shall be imposed upon them.
2. The courts shall observe, in so far as applicable to this case, the
provisions contained in article 86 and rule 1 of article 87 of this Code.
3. The prisoners mentioned in this article shall be pardoned at the
age of 70 years if they should already have served out their original
sentences, or when they shall have completed their terms after attain-
ing said age, unless they should not be worthy of this act of grace, on
account of their bad conduct or any other circumstances.

TITLE VI.
EXTINCTION OF PENAL LIABILITY.
ART. 130. Penal liability is extinguished-
1. By the death of the culprit always, in so far as personal penalties
are concerned; and with regard to pecuniary liabilities, only when no
final sentence had been imposed at the time of his death.
2. By the completion of his term.
3. By amnesty which completely extinguishes the penalty and all its
effects.
4. By pardon.
A person freed by a pardon can not reside in the place of residence
of the loth.ni. ,1 party without his consent during the time that the
sentence would have lasted had it not been for the pardon, said pardon
granted being otherwise void.
5. By condonation granted by the offended party, should the penalty
have been imposed for crimes in which public prosecution can not be
instituted.
6. By prescription of the crime.
7. By prescription of the penalty.
ART. 131. Crimes prescribe twenty years after their commission,
when the law fixes the penalty of death or of cadcna pcrpetua for the
crime.
After fifteen years, when the penalty fixed is any other corporal
penalty.
After ten years, when the penalties fixed are correctional.








The crimes of calumny and contumely are excepted, the first of
which shall prescribe after one year and the second after six months.
Mi-,. ii111. ,. prescribe two months after their commis ion.
When the penalty prescribed is a compound penalty, the higher pen-
alty shall be observed in the application of the rules contained in the
first, second, and third paragraphs of this article.
The term of the prescription shall commence to run from the day on
which the crime was committed; and if not known at the time, from
the day of its discovery and the beginning of the judicial proceediings
for investigation and punishment.
This prescription shall be interrupted from the comm'ni,.em-nt of
the proceedings against the culprit, and the term of prescription :ii hall
commence to run again from the time when such proceedings termi-
nate without the culprit being convicted or the proceedings have
stopped, unless it be through the default of the culprit being tried.
ART. 132. The penalties imposed by final sentence prescribe:
Those of death and cadunapperpetua after twenty years.
The remaining corporal penalties after fifteen years.
The correctional penalties after ten years.
Light penalties after one year.
The term of this prescription will begin to run from the day on
which the culprit was personally notified of the final sentence; or from
the day of his breaking the sentence, if he had begun to serve it.
It shall be interrupted, the time which has elapsed remaining with-
out effect, in case the culprit should present himself or be captured, if
he should have gone to a foreign country with which Spain may not
have celebrated extradition treaties; or if, although she should have
them, his crime should not be included in their provisions; or if he
should commit a new crime before completing the term of the pre-
scription-without prejudice, however, to the latter beginning to run
anew.
ART. 133. Civil liability arising out of crimes or misdemeanors shall
be --.l ii .. i-1, .1 in the same manner as other obligations in accordance
with the rules of civil law.














BOOK II.


CRIMES AND THEIR PENALTIES.

TITLE I.
CRIMES AGAINST THE EXTERNAL SECURITY OF THE STATE.

CHAPTER I.

THE CRIME OF TREASON.

ART. 134. A Spaniard who shall induce a foreign power to declare
war on Spain, or shall plot with it to the same end, shall be punished
with the penalty of cadena perpetual to death if war should actually
be declared, and otherwise with the penalty of cadena temporal in its
medium degree to that of cadena perpetua.
ART. 135. The following shall be punished with the penalty of cadenat
perpetua to death:
1. A Spaniard who shall facilitate the enemy's entrance into the
Kingdom, the capture of a fortified place, military post, national ves
sel, or stores of military or food supplies.
2. A Spaniard who shall seduce Spanish troops or troops in the serv-
ice of Spain to go over to the enemy's ranks or to desert their flag
while in the field.
3. A Spaniard who shall recruit people in Spain to make war upon
the country under the flag of a hostile power.
Frustrated crimes of the character specified in the preceding num
bers shall be punished as though consummated, and the attempts shall
be punished with the penalty next lower by one degree.
ART. 136. The f,-.11,.Wl\ ,. -.l.ll be punished with the penalty of cadena
temporal in its maximum degree to death:
1. A Spaniard who shall take up arms against his country under
hostile flags.
2. A Spaniard who shall recruit people in Spain for the service of
a hostile power in case such recruits were not to take a direct part in
the war against Spain.
3. A Spaniard who shall furnish troops of a L.,-ti- power with
money, arms, transports, articles or munitions of war, food, or other
means, direct and effectual, for carrying on hostilities against Spain,
or who shall favor the Tpro'.ri of the hostile arms in a manner not
specified in the preceding article.






40

4. A Spaniard who shall furnish the enemy with topoer- ra phic al maps,
or plansof fortifications, documents, or informationwhi.-h shall di rectly
lead to the same end of committing hostilities on Spain ..ir favoring
the progress of the hostile arms.
5. A Spaniard who in time of war shall prevent the intional trops
from receiving the assistance referred to in No. 3 .or the data and
information referred to in No. 4.
ART. 137. Conspiracy to commit any of the crimes im. nti'o.,d iii he
three preceding articles shall be punished with the pen:tlly ...f p,.. ;l;.
mayr, and the proposition to commit the said crimes with that of j"r. -
sid/o correccional.
ART. 138. A foreigner residing in Spanish territory who shall com-
mit any of the crimes specified in the preceding article shall be pun-
ished with the penalty next lower than that fixed therein, reserving
the provisions of treaties or international law relating to diplomatic
officials.
ART. 139. Those who shall commit the crimes specified in the pre-
ceding articles against a power allied to Spain, in the case of said power
'.. ;Ir' in the field against the common enemy, shall be punished with
the penalties lower by one degree than those respectively prescribed.
ART. 140. The ministers of the Crown shall incur the penalty of
cadetna perpetua to death who, in violation of article 55 of the consti-
tution, shall authorize a decree to any of the following ends:
1. Alienating, ceding, or exchanging any part of the Spanish terri-
tory.
2. Authorizing the entrance of foreign troops into the Kingdom.
3. Ratifying treaties of offensive alliance, which may have brought
about war between Spain and another power.
Art. 141. The persons mentioned in the foregoing article shall be
punished with the penalty of canden ternporal in its medium degree
to cadcm n ppetlua, who, in violation of article 55 of the constitution,
shall authorize a decree:
1. Ratifying treaties of offensive alliance which may not have
brought about war between Spain and another power.
2. Ratifying treaties in which the stipulation is made to give sub-
sidies to a foreign power.
CHAPTER II.
CRIES THAT ENDANGER THE PEACE OR INDEPENDENCE OF THE STATE.
ART. 142. The ecclesiastical minister who, in the performance of
his .illi. shall publish or enforce bulls, briefs, or dispatches from
the Holy See, or other provisions or declarations that attack the peace
or independence of the S.r:ii or that oppose the observance of its laws,
or. n 11r... _, their nonobservance, shall incur the penalty of temporary
expulsion.






41

Any layman committing such acts shall incur the penalty of pris'dn
correccional in its minimum and medium degrees, and a fine of from
625 to 6,250 pesetas.
ART. 143. Any person who shall introduce, publish, or enforce
within the Kingdom any order, provision, or document emanating
from a foreign government, that attacks the independence or security
of the State, shall be punished with the penalties of prison correc-
cional in its minimum and medium degrees, and a fine of from 625 to
6,250 pesetas, unless such crime directly produces others of greater
gravity, in which case he shall be punished as the principal therein.
Art. 144. If any of the crimes mentioned in the two foregoing
articles should be committed by any official of the State taking advan-
tage of his character or duties, there shall be imposed upon him, in
addition to the penalties established in said articles, that of perpetual
absolute disqualification.
ART. 145. He who by unlawful acts or not duly authorized should
provoke or furnish a pretext for a declaration of war against Spain
on the part of another power, or should expose Spaniards to annoy-
ance or reprisals on their persons or property, shall be punished with
the penalty of reclhsidn tenporal if he be a State official, and other-
wise with that of prisi'n mayor.
If the war be not actually declared, or the reprisals or annoyances
do not take place, the respective penalties shall be imposed in the
next lower degree.
ART. 146. The penalty of reclu.sidn temporal shall be imposed on
any person violating a truce or armistice agreed to between the Span-
ish nation and a hostile nation, or between their belligerent forces,
land or naval.
ART. 147. A public official who, taking advantage of his office,
should in any way not specifically mentioned in this chapter endanger
the dignity or interests of the Spanish nation, shall be punished with
the penalties of p)risqwn mayor and perpetual di-.pillhn l' iLt!un from the
office he may hold.
ART. 148. Hewho, v. ith.lt ut l i It .il.l Ir. :I i .'- i, shall raise troops
within Spain for the service of a foreign nation for any object or pur-
pose whatsoever, whatever be the nation against which hostility be
contemplated, shall be punished with the penalties of pris'dn nayar
and a fine of from 12,500 to 125,000 pesetas.
He who, without sufficient authorization, should send out vessels
for privateering shall be punished with the penalties of reclusidn tem-
poral and a fine of from 6,250 to 62,500 pesetas.
ART. 149. He who in time of war holds correspondence with the
hostile country or territory occupied by its troops shall be punished:
1. With the penalty of pris;in mayor, if such correspondence is
carried on by ciphers or codes agreed on between the parties.






42

2. With that of prisidn correctional, if it be carried on in the usual
form and the Government should have forbidden it.
3. With that of reclusidn temporal, if there were given therein
notice or information of which the enemy could take advantage, what-
ever be the form of such correspondence, and even though the Gov-
ernment should not have forbidden it.
The same penalties shall be incurred by the person cominitting the
crimes mentioned in this article, even though he should send the Lor-
respondence through friendly or neutral territory in order to elude
the law.
If the culprit should intend to help the enemy with his notices or
information, the provisions of article 135 and 136 shall be ob:.erved.
ART. 150. Any Spaniard guilty of an attempt to enter a hostil': c. :un-
try, if the Government should have prohibited it, shall be subjlie. t the
penalties of arresto mayor and a fine of from 375 to 3,750 pe-eta-.'

CHAPTER 111.

CRIMES AGAINST INTERNATIONAL LAW.

ART. 151. He who should kill a monarch or the head of another
St iL. residing in Spain, shall be punished with the penalty of ,... :'.,'. i
tenmporal in its maximum degree, to death.
He who should inflict serious wounds upon the said person ..hall hie
punished with the penalty of reclusihi temporal, and if thL wound-.
were slight with that of prisin5 Inayor.
Those who should commit any other attempt at crime not sp,-,:i ria lly
mentioned in the foregoing paragraphs, against the same Ip-r-ons
shall incur the last-named penalty.
ART. 152. He who should violate the personal immunity .rI the
domicile of a monarch or head of another State received in Spain in
their official character, or who shall violate that of a r, pr''-int iti e of
another power, shall be punished with the penalty of pris'...', e.l r:.'
cional.
If the crimes mentioned in this and in the preceding artici: should
have no reciprocal penalties fixed therefore in the laws of the nation to
whom the persons offended belong, the i:llt\- shall be impo-.-d upon
the delinquent which would be proper for the crime, in ac- ordnire
with the provisions of this code, if the person offended should not
have had the official character mentioned in the foregoing pariagrpb.

'See Gen. Orders No. 109, Headquarters Department of Porto Rico, Jr I .:1. I 'j
page 143.









CHAPTER IV.

CRIMES OF PIRACY.

ART. 153. The crime of piracy committed against Spaniards or the
subjects of another nation not at war with Spain shall be punished
with the penalty of cadena temporal to cadena perpetual.
If the crime should be committed against nonbelligerent subjects of
mother nation at war with Spain it shall be punished with the penalty
of presidio mayor.
ART. 154. Those who commit the crimes referred to in the first para-
,raph of the preceding article shall incur the penalty of cadena per-
petua to death; and those who commit the crimes referred to in the
second paragraph of the same article that of cadena temporal to
adena perpetual:
1. Provided that they have taken any vessel by boarding or firing
ipon her.
2. Provided that such crime should be accompanied by assassination,
homicide, or by any of the physical injuries inflicted on persons speci-
led in articles 427 and 428 and in numbers 1 and 2 of article 429.
3. Provided that it was accompanied by any of the outrages against
chastity specified in Chapter II, Title IX, of this book.
4. Provided that the pirates should have abandoned any persons
without means of saving themselves.
5. In every case, the captain or leader of the pirates.

TITLE II.

CRIMES AGAINST THE CONSTITUTION.

CHAPTER I.

CRIMES OF LPSE-MAJESTE, AGAINST THE CORTES, THE COUNCIL OF
MINISTERS, AND AGAINST THE FORM OF GOVERNMENT.

SECTION I.--rimes r lese-majeste.

ART. 155. Upon any person who shall kill the King there shall be
;Il...-id the penalty of reclusidn prpetua to death.
ART. 156. If the crime referred to in the foregoing article be frus-
tr'at.-. or attempted, it shall be punished with the penalty of reclusidn
!,,0, -,i. ., in its maximum degree to death.
The ,'..nspiracy to execute with that of reclusi n tneporal.
Anu.l the proposition with that of prisidn mayor.
ART. 157. The following shall be punished with the penalty of
r I,,.,. ,, temporal to reclusive perpetual:
1. Those who shall deprive the King of his personal liberty.








2. Those who shall force him, by violent means or by grave intimi-
dation, to perform any act contrary to his will.
3. Those who shall cause him grave physical injuries noting. Ihiri.t in
the first paragraph of article 156.
ART. 158. If the violence, intimidation, or physical injurie- rft' rr..d
to in numbers 2 and 3 of the preceding article be not grave. the pen-
alty of reel'usion temporal shall be imposed on the guilty per-on.
ART. 159. The penalty of reclusidn temporal shall likewise he
imposed:
1. Upon a person who shall outrage or threaten the K'n,_ in hlli
presence.
2. Upon a person who shall enter the King's residence with \ iolen, .
ART. 160. Any person who shall threaten or outrage the inm;- 1',li-
licly in wi itiir.- outside of his presence, shall be punished with the
penalties of prison mayor and a fine of from 1,250 to 12,5011 1ps-.tai-.
Outrages and threats couched in any other form shall be punihb-,l.
if they should be grave, with the penalty of arrest nmay. in it,
medium degree to prisidn correccional in its minimum degr -, :>11nd if
they should be light, with the penalty of arrest mayor in it, n.,diiuni
degree to prision correctional in its minimum degree.
ART. 161. He who shall kill the immediate successor to th.- ('ri.own
or the Regent of the Kiig.l.iii shall be punished with the- p.nalty
of ,reclusion temporal in its maximum degree to death.
If the crime be frustrated or attempted, with the penalty o: ,.... ..,
temporal to death.
The conspiracy with that of prisi6n mayor in its medium mIId rni:xi-
mum degrees.
And the proposition with that of prison correctional in it ni.1ri-
mum degree to prisi d mayor in its minimum degree.
ART. 162. If the crimes mentioned in the preceding artich.- of thi,
section, with the exception of those comprised in the last ;rtilr-.
should be committed against the immediate successor to thr n.'r..,nn,
the consort of the King or the Regent of the Kingdom, they -hb1ll he
punished with the penalties lower by one degree than those prLe..-ril'ld
therein.
SECTION II.--Crinms against tIe Cortes and its minbgers an,/ ,,,,,.,;..'
the council -r' ministers.
ART. 163. In case there should he a vacancy of the Crown. or in
ease the King should be disabled in any manner whatsoever f iotm ,ov -
erning the nation, those members of the ir..vil f:ainii-, riini-ter,.
authorities, and other civil or military officials who shall disol N- the
Regent after he has taken the oath that the constitution reoui.n,, or
the council of ministers during the time that they are pro viionalIly
governing the Kingdom in accordance therewith, shall be puuinhi.d








with the penalty of relegacin temporal in its maximum degree to
;, 1.......,,* pc- petua.
ART. 164. The penalty of ...... .... -shall be incurred by those
who, forming part of an armed force, shall collectively address peti-
tions to either of the co-legislative bodies, even though such petitions
should not be personally presented.
The same penalty shall be incurred by those who, forming part of
an armed force, should present them individually, but not according
to the laws of their organization, in so far as they have relation
thereto.
The penalties prescribed in this article shall be respectively imposed
in their maximum degree on those who hold a command in the armed
force.
ART. 165. The following shall also incur the penalty of confinu-

1. Th....-: who shall outrage or threaten a senator or 1. !.aI on
account of the opinions he may have expressed or the votes cast in the
senate or chamber of deputies.
2. Those who use force, intimidation, or serious threat to prevent a
senator or deputy from attending the co-legislative body to which he
belongs, or who by the same means should coerce the free declara-
tion of his opinions or the casting of his vote.
In the cases provided for in the two preceding numbers of this
article, a challenge to fight a duel shall be considered as a serious
threat.
ART. 166. If the outrage, threat, force, or intimidation referred to
in tih preceding article were not serious, the delinquent shall suffer the
p-.nalIy of banishment and a fine of from 325 to 3,250 pesetas.
A\.r. 167. The penalties prescribed in the three preceding articles
..hll ibe imposed in their maximum 1d. .i if the guilty persons are
rv-.'; lists.
Air. 168. The public official who, when the Cortes is in session,
,h,.uil.i, without due permission of the respective legislative body,
de.Itai. arrest, or commit for crime any senator or deputy, unless he
b.,li Ien taken in ... ..... shall incur the penalty of temporary
pii i:d di-.li:iliti,.. tiii .
The same penalty shall be incurred by the judge who, having passed
sentence on a senator or deputy, in a trial instituted without the per-
mimiion referred to in the preceding paragraph, should carry out
-aid sentence without the legislative body to which the accused belongs
hav ing authorized its execution.
There shall also be punished with the same penalty of temporary
special disqualification the administrative or judicial officials who
should detain a senator or deputy in r..,.. ., and fail to report it
to:i the Cortes immediately if in session; or who should fail likewise








to report to the Cortes as soon as it assembles the arrest of any of its
members which they may have ordered, or the proceeding, they may
have instituted against such members during the interval of thi -i,-- I-.i,.

SECTION 11I.--Crimes against the form of Government.

ART. 169. Persons who shall execute any kind of acts or deeds
directly tending to obtain by force any of the following ends, shall be
Considered guilty of crimes against the form of Government established
by the constitution:
1. To substitute for the constitutional monarchical Government an
absolute monarchical or republican government.
2. To deprive, in whole or in part, the King, the Regency, or the
Cortes of the privileges and powers vested in them by the constitution.
3. To change the legitimate order of the succession of the Crown,
or to deprive the dynasty of the rights granted it by the constitution.
4. To deprive the council of ministers of the right to govern the
Kingdom provisionally until the Regent takes the oath in accordance
with the constitution.
ART. 170. The following shall also commit crimes against the form
of Government:
1. Those who in any kind of public meetings or places of numerous
assemblage shall raise cheers or other outcries that shall provoke
acclamations tending to the accomplishment of any of the purposes
specified in the preceding article.
2. Those who in said meeting and places make speeches or read or
distribute printed matter or carry emblems and banners, tending to
the realization of the objects mentioned in the ]pr.i. tdinlli. article.
ART. 171. Public ,.t!i. i I- who should execute any mandate or order
issued by the King in the exercise of his constitutional authority
without being signed by the proper minister shall also be considered
guilty of a crime against the form of Government.
ART. 172. Those who, publicly and in open h.;tilit, should rise
in arms, in order to perpetrate any of the crimes provided for in article
1I',-. shall be punished with the following penalties:
1. Those who may have instigated, supported, or directed, said rising
or who appear as its principal leaders, with the penalty of reclhsidn
t ,mopral in its maximum degree to death.
2. Those in charge of a subaltern command therein, with that of
,redcluin lrpw ral to death, should they be persons filling civil or
ecclesiastical i.thl., or if there should have been any engagement
between the forces under their command and the public forces loyal to
the government, or if their forces should have caused ravages among
the properties of private persons, of towns, or of the State, or have
cut the telegraph wires or the railroad lines, or have committed any








acts of gross violence against individuals, or exacted contributions, or
diverted public funds from their lawful purpose.
With the exception of these cases, the penalty of reclusidn temporal
shall be imposed on the culprit.
3. The mere participants in the rising, with that of prison mayor
in its medium degree to reclusidn tenmporal in its minimum degree, in
the cases provided for in the first paragraph of the preceding number,
and with that of prisidn mayor in its full limit, in the cases mentioned
in the second paragraph of the same number.
ART. 173. Those who, without rising in arms and in open hostility
against the Government, shall commit any of the crimes provided for
in the said article 169 shall be punished with the penalty of prisid
mayor.
ART. 174. He who shall commit any of the crimes included in article
170, shall be punished with the penalty of banishment.
ART. 175. A public official who is responsible for the crime men-
tioned in article 171, shall suffer the penalty of temporary special
disqualification.

SECTION IV.-Provisions common to the three preceding section..

ART. 176. The provisions contained in the articles included in this
chapter are understood without prejudice to the prescriptions of other
articles of this code which fix a higher penalty for any one of the
acts punished in the former.

CHAPTER II.

CRIMES COMMITTED ON THE OCCASION OF THE EXERCISE OF THE
INDIVIDUAL RIGHTS GUARANTEED BY THE CONSTITUTION.

SECTION I.--crimes committed by individuals on the occadsion of the
exercise of individual rights guaranteed by the constitution.

ART. 177. The following are not peaceful meetings or demonstra-
tions:
1. Those which are held in violation of the police rules of a general
or permanent character of the locality where the meeting or demon-
stration takes place.
2. Open-air meetings or political demonstrations held at night.
3. Meetings or demonstrations where a certain number of people
assemble with firearms, lances, sabres, swords, machetes, or any other
similar weapons.
4. Meetings or demonstrations which are held for the purpose of
committing any of the crimes punished by this code, or those where,






49

1. The founders, directors, and presidents of associations which
may be organized and are included in any of the numbers of the pre-
ceding article.
If the association should not have been organized, the personal
penalty shall be that next lower in degree.
2. The founders, directors, and presidents of associations which
may be organized without notice to the local authorities of their pur-
pose and by-laws eight days before their first meeting, or of the place
of the meeting twenty-four hours before the respective meeting,
even if the first place selected for the meeting should later he changed
for another.
3. The directors or presidents of associations who do not admit the
authorities or their agents or do not give them the right of attending
the meetings.
4. The directors or presidents of associations who do not stop
meetings on the second notice to do so of the authorities or their
agents.
ART. 188. The following shall incur the penalty of arrest mayor:
1. The individual members of the associations mentioned in article
186.
If the association should not have been organized, the penalties shall
be public censure and a fine of from 325 to 3,250 pesetas.
2. The individual members who commit the crime mentioned in
No. 3 of the foregoing article.
3. The individual members who do not withdraw from the meeting
on the second notice given by the authorities or their agents that the
meeting must be suspended.
ART. 189. The founders, directors, presidents, and members of asso-
ciations who again hold a meeting after its having been suspended by
the authorities or their agents, provided that the judicial authority has
not revoked the suspension ordered, shall incur the penalties next
higher in degree than those respectively prescribed in the last two
articles.
ART. 190. Those who establish and direct institutions of learning in
violation of the laws in force on the subject shall incur the penalty of
arrest mayor and a fine of from 500 to 5,000 pesetas.
ART. 191. The following shall incur the penalty of arrest wyor:
1. The authors, directors, editors, and printers in their respective
cases of secret publications.
By such shall be considered those which do not bear the printer's
name upon the copies printed or which bear a fictitious one.
2. The directors, editors, or printers (also in their respective cases)
of the periodical publications who have not complied with the precepts
of the special law of the press.
1571---4






51

ART. 197. If the person of the criminal shall also have been demanded
and surrendered, the penalties shall, in their respective cases, be those
next higher in degree than those prescribed in the preceding article.
ART. 198. The public official who, unless it be by reason of a crime,
should detain a person without being authorized to do so by law, the
constitutional guaranties not being suspended, shall incur the penalty
of a fine of from 325 to 3,250 pesetas, if the detention should not
have exceeded three days; the penalty of suspension in its minimum
and medium degrees, if it should have exceeded said period and not
been more than fifteen days; that of suspension in its maximum degree
to temporary absolute disqualification in its medium degree, if it
should not have been less than fifteen days nor have reached one
month; that of prisidn correccional in its maximum degree to
prisidn mayor in its minimum degree, if it should have been more
than one month and should not have exceeded a year; and that of
prision mayor in its medium degree to reclusion temporal to its full
limit, if the detention should have exceeded one year.
ART. 199. The public official who should delay complying with a
judicial order to release a person imprisoned or detained whom he
may have under his control, shall be punished with the penalties next
higher in degree than those prescribed in the preceding article in
proportion to the duration of the delay.
ART. 200. The public official who, not being a judicial authority
and the constitutional guaranties not having been suspended, shall
detain a person for a crime and shall not deliver him to the judicial
authority within the twenty-four hours after the detention took place,
shall respectively incur the penalties next higher in degree than those
prescribed in the said article 198.
ART. 201. The following shall also incur the same penalties in their
respective cases:
1. The warden of a jail or any other public official who shall receive
as a prisoner any person whatsoever and shall allow twenty-four hours
to elapse without informing the judicial authority thereof.
2. The warden of a jail or other public official who does not liberate
a prisoner who should not have been committed to prison within the
seventy-two hours next after due notice of his detention should have
been given to the judicial authorities.
3. The warden of a jail or other public official who shall receive a
person in the p.-itv of a prisoner, unless by virtue of a judicial
order, or shall keep him in prison after seventy-two hours have
elapsed from his having been received in such capacity or having been
notified of the warrant for his commitment, unless during that time
the prisoner should also have been notified of the writ ratifying the
former.






52

4. The warden of a jail or any other public official who shall conceal
a prisoner from the judicial authority.
5. The warden of a jail or other penal institution who, without an
order of the judicial authority, shall have placed a prisoner or one
under sentence either in solitary confinement or in a place different
from that where he belongs.
6. The warden of a jail or head of a penal institution who should
impose upon prisoners or those under sentence improper deprivations
or treat them with unnecessary severity.
7. The warden of a jail or the head of a penal institution who should
deny to a person detained or a prisoner, or to whomsoever may repre-
sent him, a ('-r iti, .it- of his detention or imprisonment, or who should
not forward any petition relative to his release.
8. The head of a penal institution who should retain a person in the
institution after having received official notice of his pardon or after
his term of imprisonment had expired.
The provisions of Nos. 1, 2, 3, and 5 shall not be applicable when
the warden of a jail or head of a penal institution or public official acts
in compliance with an order of the civil or military authority issued
in the exercise of legal powers.
ART. 202. The following shall incur the penalty of suspension in its
minimum and medium degrees:
1. The judicial authority who should neither set at liberty nor
commit a prisoner by a warrant, stating the reasons therefore (auto
motivado), within 72 hours following that in which he may have been
placed at his disposal.
2. The judicial authority who shall not ratify a warrant of commit-
ment or declare it null within 72 hours after it may have been issued.
3. The judicial authority who, with the exception of the cases men-
tioned in the two preceding numbers, shall detain in the capacity of
prisoner a person whose release is proper.
4. The judicial authority who should improperly order or prolong
the solitary confinement of a prisoner.
5. The clerk or secretary of a superior or inferior court who shall
permit the term referred to in No. 1 of this article to elapse with-
out notifying the prisoner of the warrant committing him to prison or
the writ terminating his detention.
6. The secretary or clerk of a superior or inferior court who shall
unduly delay the notification of the warrant or writ raising solitary
confinement or setting a prisoner at liberty.
7. The clerk or secretary of a superior or inferior court who shall
delay informing them of any petition of a person detained or impris-
oned, or of his representative, relating to his freedom.
If the delay referred to in the foregoing numbers shall have lasted
more than one month and shall not have exceeded three, the culprits








shall incur, in their respective cases, the penalty of suspension in its
maximum degree to temporary absolute disqualification in its medium
degree and a fine of from 325 to 3,250 pesetas; and if it should have
exceeded said period, that of temporary absolute disqualification in its
maximum degree to perpetual absolute disqualification and a fine of
from 1,250 to 12,500 pesetas.
ART. 203. The following shall incur the penalties of suspension in
its minimum and medium degrees and a fine of from 325 to 3,250
pesetas:
1. The public official who, not being a judicial authority and the
constitutional guaranties not having been suspended, shall enter the
domicile of a Spaniard or foreigner without his consent, except in the
cases and in the manner expressly prescribed by law.
2. The public official who, without being authorized by law and not
being a judicial authority, and the constitutional guaranties likewise
not being suspended, shall make a search through the papers of a
Spaniard or of a foreigner and the effects which may be found in his
domicile, unless their owner should have given his consent.
If he should not return at once to the owner the papers and effects
thus examined immediately after making the search, the penalty shall
be that next higher in degree.
If the crimes punished in the two preceding numbers should be com-
mitted at night, the penalties shall be those of suspension in its medium
and maximum degrees and a fine of from 625 to 6,250 pesetas, reserv-
ing the provisions of the second paragraph of No. 2, with regard to
which the penalty shall be that next higher in degree than those
prescribed therein.
ART. 204. The public official who, on the occasion of a search
through the papers and effects of a person, shall commit any other
unjust vexation against persons or wanton damage to their property,
shall lik,-n ;.- incur the penalties of suspension in its minimum and
medium degrees and a fine of from 325 to 3,250 pesetas.
If he should remove such property and appropriate it to himself, he
shall be punished as guilty of the crime of robbery with violence
against the person.
ART. 205. The judicial authority who, with the exception of the
cases prescribed and in violation of the forms established by law, and
the constitutional guaranties not being suspended, should enter by
night the domicile of a Spaniard or f,.ira-iLi'.-r without his consent,
shall incur the penalty of suspension in its minimum and medium
degrees and a fine of from 325 to 3,250 pesetas.
ART. 206. The same penalty shall be incurred by any authority who
shall make an examination of papers and ctr'.- t, in the domicile of a
Spaniard or foreigner, unless in the presence of the interested person
or in that of a member of his family, or, in their absence, in that of
two witnesses from the same locality.






54

ART. 207. The public official who, not being a judicial authority,
shall detain private correspondence intrusted to the mails shall incur a
fine of from 325 to 3,250 pesetas.
ART. 208. The public official who, not being a judicial authority,
shall open private correspondence intrusted to the mails shall incur a
fine of from 325 to 3,250 pesetas.
The public official who shall open a telegraphic message intrusted to
him for delivery at a domicile shall incur the same penalty.
ART. 209. The public official who shall extract letters from the mails
shall be punished with the penalty of a temporary absolute disqualifi-
cation in its minimum and medium degrees and a fine of from 1,250 to
12,500 pesetas.
ART. 210. The public official who, without being expressly author-
ized by law, and the constitutional guaranties not being suspended,
shall banish a person to a distance greater than 250 kilometers from
his domicile, unless by virtue of a judicial sentence, shall incur the
penalty of a fine of from 325 to 3,250 pesetas.
The public official who, without being expressly authorized by law,
and the constitutional guaranties not being suspended, shall compel a
person to move his domicile or residence, shall be punished with the
penalty of banishment and a fine of from 625 to 6,250 pesetas.
ART. 211. The public official who, without being authorized bylaw,
shall deport or exile from the territory of the kingdom any person,
unless by virtue of a final sentence, shall be punished with the pen-
alty of <. .;: ... .. and a fine of from 1,250 to 12,500 pesetas.
ART. 212. A public official who orders the payment of a general,
provincial, or municipal tax not legally authorized shall be punished
with the penalty of suspension in its maximum degree to. temporary
absolute disqualification in its minimum degree and a fine of from 625
to 6,250 pesetas.
ART. 213. The public officials who shall exact from taxpayers to
the State, province, or municipality the payment of taxes not author-
ized according to their respective classes by the Cortes, the provin-
cial deputation, or the municipal council, shall incur the penalty of
suspension in its medium and maximum degree to temporary abso-
lute disqualification in its medium degree and a fine of from 625 to
6,250 pesetas.
If such exaction should have been consummated, the fine shall be an
amount equal to three times that of the amount collected.
If the exaction should have been effected by employing compulsion
or any other means of coercion, the penalty shall be that of temporary
absolute disqualification and the aforesaid fine.
Art. 214. If the amount collected should not have been paid accord-
ing to its character into the treasury of the province or municipality
by the fault of the person who may have collected it, he shall be ipun








isned as a swindler by the maximum degree of the proper punishment
therefore.
ART. 215. The authorities who shall give their aid and cooperation
to the officials referred to in the two preceding articles shall incur
the penalties of temporary absolute disqualification and a fine of from
325 to 3,250 pesetas.
If they should have received profits from the amounts collected,
they shall be punished as equal principals in the crime punished in the
preceding article.
ART. 216. The public official who shall condemn the property of
any person, unless by virtue of a mandate from the competent author-
ities, for reason of public utility, before proper indemnification made
therefore, shall incur the penalties of suspension in its medium and
maximum degrees and a fine of from 625 to 6,250 pesetas.
If he shall disturb any person in the possession of his property,
unless by virtue of a judicial writ or a mandate from the competent
authority, issued in accordance with the express provisions of the laws,
he shall incur the same penalty.
ART. 217. The following shall be punished with the penalties of
suspension in its minimum and medium degrees and a fine of from 325
to 3,250 pesetas:
1. The public official who, the constitutional guaranties not being
suspended, should forbid or prevent a person, neither under arrest
nor a prisoner, from attending any meeting or demonstration that is
legal in accordance to law.
2. The public official who, under the same conditions, should pre-
vent or prohibit a person from forming part of any association,
unless it be one of those included in article 186 of this code.
3. The public official who, under the same conditions as of the pre-
ceding articles, should prevent or forbid a person to address, either
by himself or together with others, petitions to the Cortes, the King,
or the authorities, unless it should have been forbidden to them by
law.
ART. 218. A public official who, being neither authorized by law
and the constitutional guaranties not being suspended, shall in any
manner whatsoever prevent the holding of a peaceful meeting or demon-
stration of which he had official notice, or the foundation of any asso-
ciation not included in article 186 of this code, or the holding of its
meetings, unless it be those in which any of the crimes punished in
Title III, Book Il of the same, should have been committed, shall incur
the penalty of suspension in its medium and maximum degrees and a
fine of from 625 to 6,250 pesetas.
ART. 219. The public official who, not being authorized by a law
and the constitutional guaranties not being suspended, shall order the
dissolution of any meeting or pacific demonstration, or the suspension






56

of any association not included in article 186 of this code, shall be pun-
ished with the penalty of suspension in its maximum degree, to tem-
porary absolute disqualification in its minimum degree,'and a fine of
from 625 to 6,250 pesetas.
ART. 220. The public official who does not bring to the notice of
the judicial authorities his suspension of an unlawful i.;siciation or the
meeting of any other association whatsoever, and the reasons of the
suspension ordered, within the twenty-four hours following his action,
shall incur the penalty of suspension in its medium and maximum
degrees and a fine of from 625 to 6,250 pesetas.
ART. 221. The same penalties shall be incurred by the public offi ial
who shall order the closing or dissolution of any private educational
institution, unless for sufficient reasons of hygiene or morals or other
causes expressly provided by law, and he who shall not inform the
judicial authorities of such closing or dissolution within the twenty-
four hours following its having taken place.
ART. 222. The penalty of banishment shall be incurred by the pub-
lic official in its minimum and medium degrees, who without having
demanded two successive times the dissolution of any meeting or demon-
stration, or the suspension of the session of an association, should
employ force to dissolve or suspend it, unless there should have been
previous violent ailr,:.--i..n on the part of those taking part in the
meeting, demonstration, or session of the association.
If slight injuries should result from the employment of force to one
or more of those present, the penalty shall be that of banishment in
its medium and maximum degrees and the same fine.
If the injuries should be grave, the penalty shall be that of confina-
miento in its minimum and medium degrees and a fine of from 1,250
to 12,500 pesetas.
If death should have resulted therefrom, the penalty shall be that of
coufnamiento in its maximum degree to .,7,,-..'. ',, temporal and a fine
of from 3,125 to 31,250 pesetas.
ART. 223. A public official who, after a meeting or demonstration
has been dissolved or any association or its meetings suspended, should
refuse to give information to the judicial authority requesting it, of
the causes which g ,.. rise to said dissolution or suspension, shall be
punished with the penalty of temporary absolute disqualification and
a fine of from 625 to 6,250 pesetas.

SECTION III.--Crinmes in e(twltion r the constitutional proviso
relating to i .;.. ',,, and worship.
ART. 224. Those who by violence, disorderly conduct, threats, or
tumults, prevent, interrupt, or disturb the functions, acts, ceremonies,
or manifestations of the religion of the State shall be punished with
the penalty of priedsn con'ciconal and a fine of from 65 to 650 pesetas






57

if the crime were committed in churches, chapels, or places devoted
to worship; and with that of arrest mayor to prisi6d correctional in
its minimum degree, and a fine of from 50 to 500 pesetas if the offense
be committ-ed in any other place.
ARr. '25. He who with the intention of offending the Catholic reli-
gion .bh:uld trample, cast on the ground, or in any other manner pro-
fane the aicred elements of the Eucharist shall be punished with the
penalty utf 'j isin mayor.
ART. "2i. Those who in offense of the State religion shall trample,
destroy, break, or profane sacred objects devoted to worship within
- hurhbes or without them, shall incur the penalty of prisidn cor-
reeional.
ART. 227. He who with deliberate intention makes ridicule of the
Catholic religion by word or writing, publicly contemning its dogmas,
rites, or ceremonies, shall be punished with the penalty of arrest mayor
to prisidn correccional in its minimun degree if the deed should have
occurred in churches or on the occasion of acts of worship; and with
that of arrest mayor if the crime should have been committed in
other places and not on the occasion of such acts of worship.
ART. 228. He who shall practice outside the precincts devoted to
worship other than that of the Catholic religion public ceremonies or
celebrations belonging to the same, shall incur the penalty of confna-
miento.
For the purposes of this article the respective cemeteries of the dis-
senting religions shall be considered as precincts similar to those
wherein they worship.
ART. 229. He who shall physically maltreat a minister of the Catho-
lic religion while performing the offices of his ministry shall incur
the penalty of prisid correctional.
He who shall offend under similar circumstances by word or ges-
ture, shall be punished with the penalty of arrest mayor in its
m-dimiin degree to prsiin correctional in its maximum degree.
ART. 230. He who by means of threats, violence, or other lawless
cr iri shall force any person to perform acts of worship or to
attend the rites of a religion not his own, shall incur the penalty of
prisuin correctional in its medium and maximum degrees and a fine
of from 625 to 6,250 pesetas.
ART. 231. He who by the same means shall prevent any person
from performing the acts of worship of the religion which he pro-
fes.e-. or from attending its rites, shall incur the penalties prescribed
in the preceding article.
A aR. 232. The following shall incur the penalty of arrest mayor
in it, maximum degree to prii,6n. cw rrccional in its minimum degree
and a fine of from 300 to 3,000 pesetas:
1. He who by the means mentioned in the preceding article shall








ART. 244. Conspiracy to i-,ommit the ritrme of rebellion shall be pun-
ished with the penalty of 1, '>;.... ...c -.;i >,,,l in its medium and maxi-
mum degree.
Theproposal to do -o -hall he puni-bed with that of riclsainn tem-
poral in its minimum and medium degree.

CHAPTER R 11.

SEDITION.

ART. 245. Thos,- h.. -hall ii-i' publicly ind tumultuously in order
to attain by force, .r nuIt-lde .f rlgal methods. any one of the follow-
ing objects, are guilty of -d.lit;:on:
1. To prevent th,, prunil'aiti:'n ,.ir execution of laws, or the free
holding of popular --let iu- in .1 inv ,lr.,vii:-.-, irIcumcription, or elect-
oral district.
2. To prevent ay NuLth.-'rit., .I irploriti-,i. official. or public officer
from freely exerc:-in'g hi- luti'- ori the- tx.-c-ution ot hi, judicial or
administrative orde -.
3. To wreak any dIee-d 1.,f h:Ut.- r 1i vi-n.- u)pon the person or prop-
erty of any authority .-r it, .l:r.nt
4. To wreak, with p,.liti.-al (Wr '-u ial oijer( t, any (ded of hate or
revenge upon indivi\.lul i.r iip'ln ;iny la-., in the State.
5. To despoil, with :I p.litic..l .'r -,irial .ihjec.t, any cla.Is of persons,
the municipality, the pr-'\ ii. v, .wr tlh. State .ft' all oir iany part of their
property, or to lay wa';I-t- or di-.tro\ -tii h pr,,perty.
ART. 246. Those' who by in.itini_] tIb -..'ditiou- and making them
resolute shall have>I irIuomtt-'l Aii-ndi ippI.orted -.tdition and its principal
leaders, shall be )pni hii-. with th- p,- nalty of r,.. I i,l"'i tI-rIiporal,
should they be included ill aiy -.It t h- 'a-. ;:- .pe-ifit-d in the tirst para-
graph of No. 2 of arti. I. 1;'. an11 with that *..f t'./i,.;', ii, w, if they
are included in none ..,f th.-s -.
ART. 247. Mere pIll. ipaiit., in -i.lition Ahiall In- pulni.hcd with the
penalty of priv n ... .., '..,i,. itn It- unliiini and iiimaimuum degrees in
the cases specified it th.-- ir-t piragirapl, I.f No. -' of -aid article 172,
and with that of in.........'. *..-:...,,," in it-, munimmn and medium
degrees if not includdil t h- rrei
ART. 248. The proi i'i.'on'. t artii II. :42' are applicable to the ca e of
sedition which ha, ,,i t b.-i-n -iu-ani/ d b\ kn nown leaders..
ART. 249. A con--pira. t I .,unnmit the crim,- of -edition shall be
punished with the pe.laltly .-f .j/r.-', liu,.-Ir to pri -.i ,Pirrxtv'i 'mal in
its minimum degree.'
'See General Order lr kU-a.l.lanr r,. I r, i.lnar .-nt ..f P..rt.. Rico., July 31, 1899,
page 143.






61

I ART. 2510. Those who shall seduce troops, or any other class of land
or naval armed forces whatsoever, to commit the crime of sedition,
Shall be punished with the penalty of prison correctional in its medium
,and maximum degree.
If the sedition should have been effectual, the seducers shall be con-
sidered as promoters thereof and shall suffer the penalty prescribed in
article 246.
ART. '251. If the sedition should not have reached the point of
embarrassing in a serious manner the exercise of public authority, nor
having caused the perpetration of any other grave crime, the courts
hall reduce the penalties prescribed in this chapter by one or two
degrees.

CHAPTER 1II.

PROVISIONS COMMON TO THE TWO PRECEDING CHAPTERS.

ART. 25". The courts shall reduce by one or two degrees the penal-
tie prescribed in the two preceding chapters in the case of rebels and
.editiou- persons who may disband or submit to the lawful authorities
It the tir.t -unmmons to do so, provided that they were not public
employees..
ART. 253. Individual crimes committed during a rebellion or sedi-
tion, or on the occasion thereof, shall be respectively punished accord-
ing to the provisions of this code.
If the authors thereof can not be discovered, the principal leaders
of the rebellion or sedition shall be punished as such.
ART. 254. The authorities directly appointed by the government
who shall not have resisted the rebellion or sedition by all the means
within their power, shall suffer the penalty of temporary to perpetual
absolute disqualification.
Those not directly appointed by the government shall suffer the
penalty of suspension in its maximum degree to temporary absolute
disqualification in its medium degree.
ART. 255. The employees who continue to discharge their duties
under the orders of those in uprising, or who, without having had
their resignation from ofti>e ,11 ceptvel, abandon it when there is danger
of rebellion or sedition, shall incur the penalty of temporary special
disqualification.
ART. '25. Those who shall accept office from rebels or seditious
persons -hall be punished with the penalty of temporary absolute dis-
qualification for public office in its minimum degree.
ART. 257. The penalties of prisi6n mayor and prison correctional,
which are imposed for the crimes included in Chapters 1 and II, shall
be served in institutions within or without the islands of Cuba or
Porto Rico.









CHAPTER IV.

CRIMINAL ATTEMPTS AGAINST THE AUTHORITIES AND THEIR AGENTS-
RESISTANCE AND DISOBEDIENCE.

ART. 258. The following commit criminal attempt:
1. Those who, without public uprising, employ force or intimida-
tion for any of the purposes mentioned under the crimes of rebellion
and sedition.
2. Those who attack the authorities or their agents, or employ force
against them, or gravely intimidate them, or offer an equally grave
resistance while they are discharging the functions of their office or
on the occasion thereof.
ART. 259. The criminal attempts included in the preceding article
shall be punished with the penalties of prisidn correctional in its
medium degree to prisi6n mayor in its minimum degree, and a fine of
from 625 to 6,250 pesetas, provided that any of the following circum-
stances are attendant:
1. If the aggression were accomplished by weapons.
2. If those guilty thereof were public officials.
3. If the delinquents laid hands upon the authorities.
4. If in consequence of compulsion the authorities should have
yielded to the exactions of the delinquents.
Without these circumstances the penalty shall be prisidn correc-
cional, from its minimum to its medium degree, and a fine of from 375
to 3,750 pesetas.
ART. 260. The penalty prescribed in the last paragraph of the fore-
going article shall be imposed in its maximum degree upon culprits if
they employ the force or intimidation mentioned in number 1 of article
258 for the purpose mentioned in number 1 of article 237, or if they
should have laid hands upon persons who may have come to the assist-
ance of the authorities, or upon their agents, or upon public officials.
ART. 261. The persons who, without being included in article 258,
should resist the authorities or their agents, or should grossly disobey
them in the performance of the duties of their office, shall be punished
with the penalties of arrest mayor and a fine of from 325 to 3,250
pesetas.

CHAPTER V.
ACTS OF DISRESPECT, INSULTS, ACTS OF CONTUMELY AND THREATS
AGAINST AUTHORITIES; AND INSULTS, ACTS OF CONTUMELY, AND
THREATS AGAINST THEIR AGENTS AND OTHER PUBLIC OFFICIALS.

ART. 262. The following commit an act of disrespect:
1. Those who, while a minister of the Crown or an authority is in






63

the exercise of his functions or on the occasion thereof, shall calum-
i niate, out rage, or insult him by deed or word, in his presence or in a
writing addressed to him, or who shall threaten him.
2. The public official who, while his hierarchical superior is in the
exer.:ise of hi, office, shall calumniate, outrage, or insult him by act or
word, in hi- presence or in any writing addressed to him, or who
hall threaten him.
ART 2-'.. If the calumny, insult, outrage, or threat referred to in the
foregoing article should be grave, the delinquent shall suffer the
penalty of pi ;sid~ correctional in its minimum and medium degrees
and a tin- of from 375 to 3,750 pesetas.
If they shouldd be less grave, the penalty shall be that of arrest
rleayor in it maximum degree to prisidn correctional in its minimum
degree and a tine of from 325 to 3,250 pesetas.
ART. 264. Provocation to fight a duel, even though dissembled or
having an appearance of privacy, shall be considered a grave threat
for the purposes of the foregoing.
ART. 265. Those who, while a minister of the Crown or an authority
is in the exercise of his functions or on the occasion thereof, shall
calumniate, outrage, or insult him by deed or word, outside his presence,
or in a writing not addressed to him, shall be punished with the penalty
of irresto mayor.
ART. 266. The penalty of arrest mayor shall also be imposed on
those who outrage, insult, or threaten, by act or word, public officials
or agents of the authorities, in their presence or in a writing
addressed to them.

CHAPTER VI.

PUBLIC DISORDERS.

ART. 267. Those who shall raise a tumult or grossly disturb order
at the hearing of a superior or inferior court at the public acts
pertaining to any public authority or corporation at any electoral col-
lege, offices, or public institutions, at public spectacles or solemnities,
or a large meeting, shall be punished with the penalties of arrest
rrmay.r in its medium degree to prisidn correctional in its minimum
degree and a fine of from 375 to 3,750 pesetas.
Those who shall cause a tumult or grossly disturb order on farms or
plantation, by refusing to work or by disobeying or resisting the per-
sons in charge of their direction or management shall incur the same
penalties.
A r. _. Those who shall grossly disturb public order in order to
offer an outrage or other wrong to any individual person shall incur
the pernl]t) of arrest mayor.








If the purpose of the offense were to prevent an' person from
exercising his political rights, the said penalty of .rr.t'in riay.,r in it,
maximum degree shall be imposed on the culprit.
ART. 269. The penalty of arrest mayor shall also be ilpo-,ed, unless
a higher penalty is applicable in accordance with other ailticlel. of this
code, on those who shall raise cries provocative of rebellion nr -edition
at any meeting or association, or in any public plac-., or who shall
show in the same places badges or banners which might directly
provoke the disturbance of public order.
ART. 270. Those who shall extricate from jails or penal institutions
any person detained therein, or who facilitate his e-ncape. shall he
punished with the penalty of arrest mayor in its maximum degree to
prisidn correctional in its minimum degree, if they -bh.uld employ
violence, intimidation, or subornation for the purpose. anmd with the
penalty of arrest mayor should they make use of other nmans.
If the escape of the prisoner should be effected outside ,if -aid insti-
tutions by means of surprising those charged with the-ir :..nduction,
the same penalties shall be applied in their minimum degree.
ART. 271. Those who shall place obstructions or d:nmage railroad
tracks, or obstruct or damage telegraph lines or intercept ime-sage< or
correspondence, shall be punished with the penalty of ", n.s';, ,.rr,'c-
cional in its minimum to its medium degree.
ART. 272. Upon those who destroy or injure picture-,-. t3ati-, or
any other public monument of usefulness or ornamentatir-.n -hall be
imposed the penalty of arrest mayor in its medium degree t)o ,ri'-.i;n
correctional in its minimum degree.

CHAPTER VII.

PROVISIONS COMMON TO THE THREE PRECEDING CFIAPTERS.

ART. 273. For the purposes of the articles included in the three pre-
ceding chapters, a person who, by himself alone, or as ,i member of
any corporation or tribunal, shall exercise special jurisdic tion,. shall be
considered as an authority.
The officials of the Department of Public Prosecut'or (Ilinisterio
Fiscal) shall also be considered authorities.
ART. 274. If the person I. .iiittini anyof the crimes sp,:-cified in the
three preceding chapters should be a civil or ecclesiastial authority,
he shall be punished with the maximum of the respective penalty and
with temporary absolute disqualification.
ART. 275. The ministers of a religion who, in the exercise of their
calling, provoke the execution of any of the crimes included in the
three preceding chapters, shall be punished with the penalty of banish-








ment, if their provocations were of no effect, and with that of confi-
na ini t,- mayor if they did .produce effect, unless a greater penalty is
prescribed in other articles of this code for the crime committed.


TITLE IV.

FALSITIES AND FALSIFICATIONS.

CHAPTER I.

FALSIFICATION OF THE ROYAL SIGNATURE OR STAMP, THE SIGNATURE
OF MINISTERS, SEALS, AND MARKS.

SECTION I.--F7,, .!.','. of the royal signature or stamp and the sig-
nature of ministers.

ART. 276. He who shall counterfeit the stamp of the King or of
the Regent of the Kingdom, or the signatures of the ministers of the
Crown, shall be punished with the penalty of cadena temporal.
ART. 277. He who shall counterfeit the signature or stamp of the
head of a foreign power, or the signature of his ministers, shall be
punished with the penalty of presidio mayor if the culprit should
have made use in Spanish territory of the counterfeited signature or
stamp, and with that of presidio correctional in its medium to its max-
imum degree if he should have made use of them outside of said
territory.
ART. 278. He who should knowingly make use of a counterfeited
signature or stamp of the classes referred to in the preceding article,
shall incur the penalty next lower in degree than that prescribed
therein for the counterfeiters thereof.

SECTION II.-Falsification of seals and marks.

ART. 279. He who shall counterfeit the great seal of the State
shall be punished with the penalty of cadetna temporal.
He who should knowingly make use of the counterfeit seal of the
State shall be punished with the penalty next lower in degree than
that prescribed in the i'- ,-'..liilL' paragraph.
ART. 280. He who shall counterfeit the seal of the ,tute of a for-
eign power, and make use of it in Spanish territory, shall be punished
with the penalty of presidio mayor, and with that of presidio correc-
eional in its medium to its maximum degree, if he should have made
use of it outside of the said territory.
1571-5








ART. 281. He who, knowing of the falsity of the seals referred to in
the two preceding articles, but without having participated in their
falsification, should avail himself of or use them, shall be puni.-hed
with the penalty next lower in degree than that prescribed in the .:sid
articles for the counterfeiters.
ART. 282. The counterfeiting of marks and seals of inspecttr- of
weights and measures shall be punished with the penalties of pr -,;,'u
mayor and a fine of from 625 to 6,250 pesetas.
ART. 283. Those who knowingly expose for sale objects of gold or
silver marked with false stamps of assay shall be punished with the
penalty prescribed in the preceding article.
ART. 284. The counterfeiting of the seals used by any authority,
tribunal, official corporation, or public office shall be punished with
the penalty of presidio correccional in its minimum and medium
degrees and a fine of from 375 to 3,750 pesetas.
The mere use of seals of this kind with knowledge of their falsity
shall be punished with the same penalties, if gain to the prejudice of
the public funds were intended; otherwise, the penalty next lower in
degree shall be imposed on the culprit.
ART. 285. The falsification of the seals, marks, and countersigns
which are employed in the offices of the State in order to identify some
object or to insure the payment of taxes, shall be punished with the
penalties of presidio correccional in its minimum and medium degrees
and a fine of from 375 to 3,750 pesetas.
ART. 286. If the falsifications referred to in the two preceding
articles should have been accomplished without the employment of
stamps or dies or other mechanical instruments used in counterfeiting,
the penalty next lower in degree than those prescribed for such crimes
shall be imposed on the culprit.
ART. 287. The falsification of seals, marks, tickets, or countersigns
which industrial or commercial establishments make use of, shall be
punished with the penalties of presidio correctional in its minimum
and medium degrees.
ART. 288. He who shall place on sale objects of commerce, substi-
tuting for the mark or name of the real manufacturer the mark or
name of a fictitious one, shall be punished with the penalty of arrest
mayor and a fine of from 325 to 3,250 pesetas.
ART. 289. He who removes from any seal, ticket, or countersign
the mark or -ig i that indicates that it had already been used or was
useless for the object of its issue, shall also incur the penalty of arrest
mayor and a fine of from 325 to 3,250 pesetas.
He who knowingly makes use of such class of seals or countersigns
shall incur a fine of from 325 to 3,250 pesetas.






69

ART. 305. He who knowingly shall negotiate or make profit in any
other manner, to the prejudice of a third person, of a counterfeit
security of those included in the preceding articles, shall incur the
penalties of presidio correctional in its medium and minimum degrees
anda fine of from 375 to 3,750 pesetas.
ART. 306. He who shall present in any judicial proceedings any
security payable to the bearer, or its coupons, knowing their falsity,
shall incur the penalties of presidio correccional in its medium and
minimum degrees and a fine of from 325 to 3,250 pesetas.
ART. 307. He who shall counterfeit stamped paper, telegraph or
postage stamps, or any other class of stamped articles whose sale is
reserved to the State, shall be punished with the penalty of presidio
mayor.
The same penalty shall be imposed on those who introduce the same
into the territory of Cuba or Porto Rico, or on those who circulate
them in connivance with the counterfeiters or introducers thereof.
ART. 308. Those who, without being in connivance with the coun-
terfeiters or introduces thereof, shall knowingly acquire false paper,
stamps, or articles of the kind mentioned in the preceding article, in
order to circulate them, shall be punished with the penalty of presidio
correctional in its minimum and medium degrees and a fine of from
375 to 3,750 pesetas.
ART. 309. Those who, having in good faith acquired public securi-
ties of the character mentioned in the foregoing article shall circulate
them, knowing their falsity, shall incur the penalty of arrest mayor
in its maximum degree to prisid? correctional in its minimum degree.
Those who merely use them, having knowledge of their falsity,
shall incur a fine of from five to ten times the value of the genuine
paper or securities they may have used.

CHAPTER IV.

FALSIFICATION OF DOCUMENTS.

SECTION I.-Falsification of official and commercial documents and
telegraphic dispat/els.

ART. 310. The penalties of ead&na temporal and a fine of from 1,250
to 12,500 pesetas shall be imposed on a public official who, taking
advantage of his authority, shall commit a falsification-
1. By counterfeiting or f. i-'ii any vwr tin-g. signature, or rubric.
2. By including in any act the participation of persons who had no
such participation.
3. By attributing to those who were present threat declarations or
statements different from those which they made.








4. By falsifying the truth in a narration of facts.
5. By altering true dates.
6. By making in a genuine document any alteration or interlineation
altering its meaning.
7. By giving out an authentic copy of a fictitious document, or by
stating therein a contrary or different thing from that contained in
the genuine original.
8. By intercalating any instrument in a protocol, register, or official
book.
An ecclesiastical minister who shall commit any of the offenses
included in the foregoing numbers, with'regard to acts or documents
which might affect the civil status of persons, shall incur the penalty
prescribed in the first paragraph of this article.
ART. 311. An individual who shall commit any of the falsifications
specified in the preceding article in public or official documents or in
bills of exchange, or any other class of commercial paper, shall be
punished with the penalties of presidio mayor and a fine of from 1,250
to 12,500 pesetas.
ART. 312. He who shall knowingly present in judicial proceedings
or should use with intent of gain a false document of the kind men-
tioned in the foregoing articles, shall be punished with the penalty
lower by two degrees than that prescribed for the falsifiers.
ART. 313. A public official in charge of the telegraph service who
shall invent or falsify a telegraphic message shall incur the penalty of
prid~in correctional in its medium and maximum degrees.
He who shall make use of the false message with intent of gain or
desire to prejudice another shall be punished as the principal in the
falsification.

SECTION II.-Falsification ofpfrivate documents.
ART. 314. He who, to the prejudice of a third person or with intent
of causing it, shall, in a private document, commit any of the falsifica
tions specified in article 310, shall be punished with the penalties of
pr'sdio correcicnal in its minimum and medium degrees and a fine of
from 625 to 6,250 pesetas.
ART. 315. He who, without having taken part in the falsification,
should present in judicial proceedings or shall use with intent of gain
or to the prejudice of a third person, knowingly, a false document of
those included in the preceding article, shall incur the penalty lower
by one degree than that prescribed for the falsifiers.

SECTION III.--.I,.1'ri.,,ti,' of passports, cedulas of residence, and
t r'/'!b ll .l!,.'.

ART. 316. A public official who, taking advantage of his otlice, shall
issue a passport or a cddula of residence under a fictitious name, or






71

shall give it in blank, shall be punished with the penalties of prisidn
corrtcc.:;>o, I its minimum and medium degrees, and temporary special
disqualifica ion.
ART. 317. He who shall make a false passport or ceddla of residence
shall be punished with the penalty of arrest mayor in its maximum
degree, to prisi6n correctional in its minimum degree, and a fine of
325 to 3,250 pesetas.
The same penalties shall be imposed on the person who, in a genuine
passport or cedula of residence, shall change the name of the person
in whose favor it may have been issued, or of the authority which
issued it, or who shall alter it in any other essential particular.
ART. 318. He who shall make use of the passport or cddula of resi-
dence referred to in the preceding article shall be punished with a
fine of from 325 to 3,250 pesetas.
Those who shall make use of a genuine passport or cedula of resi-
dence issued in favor of another person shall incur the same penalty.
ART. 319. The physician who shall deliver a false certificate of illness
or physical injury, for the purpose of exempting a person from any
public service, shall be punished with the penalties of arrest mayor
in its maximum degree to prisidn crreccional in its minimum degree
and a fine of from 325 to 3,250 pesetas.
ART. 320. A public official who shall issue a false certificate of merit
or service, of good conduct, of poverty, or of other similar circum-
stances shall be punished with the penalties of suspension in its
medium and maximum degrees and a fine of from 325 to 3,250 pesetas.
ART. 321. An individual who shall falsify a certificate of the kinds
mentioned in the preceding articles shall be punished with the penalty
of arrest mayor.
This provision is applicable to the person who shall make use of such
false certificate knowingly.

CHAPTER V.

PROVISIONS APPLICABLE TO THE FOUR PRECEDING CHAPTERS.

ART. 322. He who shall manufacture or introduce dies, seals, marks,
or any other kind of tools or instruments whatsoever knowingly
destined to the falsifications referred to in the pi n..;. iid chapters of
this title, shall be punished with the same pecuniary penalties and with
the personal penalties next lower in degree than those respectively
prescribed for falsifiers.
ART. 323. He who shall have in his possession any of the tools or
instruments referred to in the preceding article, and should not give a
satisfactory explanation as to their acquisition or 1ii .t.;i-,t shall
be punished with the same pecuniary penalties and the personal pen-








alties lower by two degrees than those corresponding to the falsification
for which they are proper.
ART. 324. The official who, in order to execute any falsification to
the prejudice of the State, of a corporation, or of an individual, in
whose service he may be, shall make use of legitimate tooL6 or instru-
ments intrusted to him, shall incur the same pecuniary and personal
penalties that correspond to the falsification committed, being imposed
upon him in their maximum degree; and he shall furthermore incur
a penalty of from temporary absolute disqualification in its maximum
degree to perpetualabsolute disqualification.
ART. 325. Those who without being included in the preceding article
shall take possession of the legitimate tools or instruments mentioned
in the same, and shall make use of them to execute any falsification to
the prejudice of the State, corporation, or individual to whom they
belong, shall incur the same pecuniary penalties and the personal
penalties next lower in degree that correspond to the falsification
committed.
ART. 326. If the profit which those guilty of the falsification pun-
ished in this title may have derived, or which they proposed to gain,
can be estimated, there shall be imposed upon them a fine of an amount
equal up to three times that of such profit, unless the maximum thereof
were less than the minimum penalty prescribed for the crime, in which
case the latter shall be applied.

CHAPTER VI.
FRAUDULENT CONCEALMENT OF PROPERTY OR INDUSTRY, FALSE TESTI-
MONY,' AND FALSE ACCUSATION AND DENUNCIATION.
ART. 327. He who, upon being questioned by the competent admin-
istrative official, shall conceal all or part of his property, or the trade
or industry in which he is engaged, for the purpose of eluding thereby
the payment of the taxes that ought to be paid upon the former or
for the latter, shall incur a fine of an amount equal to up to five times
the value of the taxes which he ought to have paid, but in no case
shall it be less than 325 pesetas.
ART. 328. He who, in a criminal cause, shall give false testimony
against the accused shall be punished:
1. With the penalty of cadena temporal in its maximum degree to
cadena perpetua, if the accused should have been in such cause sen-
tenced to the penalty of death, and it should have been carried out.
2. With the penalty of cadena '. .. ..... if the accused should have
been condemned in the cause to cadena perpetua and should have
begun to nari.-r.. said penalty.
'See Order No. 116, Headquarters Division of Cuba, March 17, 1900, page 138.








3. With the penalty of presidio mayor, if the accused should have
been condemned in the cause to cadena perpetual and should not have
begun to undergo the same.
4. With the penalty of presidio correctional, in its maximum degree
to that o:f pi y.',io mayor in its medium degree, if the accused should
have been condemned in the cause to suffer any other corporal pun-
ishment, and should have begun to undergo the same.
5. With the penalty of presidio correccional in its medium degree
io pre. sI'd mayor in its minimum degree, if the accused should have
been condemned in the cause to any other corporal penalty and
should not have begun to undergo the same.
6. With the penalties of presidio correccional in its medium and
maximum degrees and a fine of from 625 to 6,250 pesetas, if the
accused should have been sentenced in the cause to a correctional pen-
alty and should have begun to undergo the same.
7. With the penalties of presidio correctional in its minimum and
medium degrees and a fine of from 375 to 3,750 pesetas, if the accused
should have been sentenced in the cause to a correctional penalty and
should not have begun to undergo the same.
8. With the penalties of arrest mayor in its maximum degree to
presidio correccional in its minimum degree and a fine of from 325 to
3,25,i pesetas, if the accused should have been condemned to a light
penalty and should have begun to undergo the same.
9. With the penalties of arrest mayor and a fine of from 325 to
3,i25t pesetas, if the accused should have been condemned to suffer a
light penalty and should not have begun to undergo the same.
ART. 329. He who, in a criminal cause, shall give false testimony
in favor of the accused shall be punished with the penalties of arrest
mayor in its maximum degree to prisin correccional in its medium
degree and a fine of from 375 to 3,750 pesetas, if the cause were for
a crime; and with that of arrest mayor if it were for a misdemeanor.
ART. 330. The penalty of arrest mayor in its minimum and medium
degree, shall be imposed on the person who, in a criminal cause for a
crime, shall give false testimony that neither prejudices nor favors
the accused.
ART. 331. False testimony given in a civil cause shall be punished
with the penalty of arrest mayor in its maximum degree to pre-
idio correctional in its medium degree and a fine of from 625 to
6,5'-r, pesetas.
If the amount of the claim should not exceed 625 pesetas, the pen-
altiep .-hall be those of arrest mayor and a fine of from 625 to 6,250
pesetas.
ART. 332. The penalties of the preceding articles are applicable in
their maximum degree to the experts who testify falsely in judicial
proceeding..






74

ART. 333. Whenever the false statement of the witness or expert
shall have been given on account of subornation, the penalties shall be
those next higher in degree to those respectively fixed in the preceding
articles, there being imposed furthermore a fine of an amount equal up
to three times that promised or the value of the gift.
The latter shall be confiscated should it have been delivered to the
person suborned.
ART. 334. When the witness or expert without essentially pervert-
ing the truth shall distort it by his reticence or inexact statements the
penalties shall be:
1. A fine of from 375 to 3,750 pesetas should such falsification take
place in a criminal cause; and
2. From 325 to 3,250 pesetas if it should take place in a cause of a
misdemeanor or in a civil action.
ART. 335. He who shall knowingly offer perjured witnesses or false
documents in a judicial proceeding shall be punished as guilty of false
testimony.
ART. 336. The crime of false accusation or denunciation is com-
mitted by falsely imputing to any person acts which, if they were true,
would constitute a crime that would give rise to proceedings ex officio,
if the imputation were made before an administrative or judicial official
who would be obliged to proceed td its investigation or punishment by
reason of his office.
The denouncer or accuser, however, shall not be proceeded against
unless by virtue of a final sentence or writ, equally final, of the court
which took cognizance of the crime imputed, dismissing the complaint.
The latter shall proceed ex officio against the denouncer or accuser,
provided that the principal cause should show sufficient grounds for
instituting a new action.
ART. 337. A person guilty of false accusation or denunciation shall
be punished with the penalty of presidio correctional in its medium and
maximum degrees, if the crime imputed were grave; with that of
prisi6n correctional in its minimum and medium degrees, if the crime
imputed were "less grave;" with that of arrest mayor, if the impu-
tation should have been a misdemeanor; and with the additional impo-
sition in each case of a fine of from 625 to 6,250 pesetas.

CHAPTER VII.
USURPATION OF OFFICE, RANK, AND TITLES, AND IMPROPER USE OF
NAMES, DRESS, INSIGNIA, AND DECORATIONS.
ART. 338. He who, without warrant or legitimate cause, shall exer-
cise acts pertaining to an authority or public official, attributing to
himself an official character, shall be punished with the penalty of
prsis5 correcional in its minimum and medium degrees.









ART. 339. He who, attributing to himself the rank of professor,
shall publicly perform acts belonging to a faculty, which can not be
tilled without an official title, shall incur the penalty of arrest mayor
in its maximum degree to prisidn correctional in its minimum degree.
ART. 34'0. He who shall usurp the character which would enable
him to exerci-e the functions belonging to ministers of a religion that
has adherents in the land, or should perform said functions, shall
incur the penalty of arrest mayor in its maximum degree to prison
.corr-i.'';,,, in its minimum degree.
ART. 341. He who shall assume and publicly attribute to himself
titles of nobility that do not belong to him shall incur a fine of from
625 Lo 6,250 pesetas.
ART. 342.' He who shall publicly use an assumed name shall incur
the penalties of arrest mayor in its minimum and medium degrees
and a fine of from 325 to 3,250 pesetas.
If the purpose of the use of the assumed name were the concealment
of any crime, the evasion of a penalty, or the causing of any prejudice
to the State or to individuals, there shall be imposed on the culprit
the penalties of .rr,.t mayor in its medium and maximum degrees
and a ine of from 37:. to 3,750 pesetas.
Notwithqtanl.hig the provisions of this article, the use of an assumed
name may be temporarily authorized by the superior administrative
authority fur -ut.ii.'rnt cause.
ART. :3-3. Tbhe public official who, in the duties belonging to his
office. sball attribute to any person, in connivance with him, titles of
nobility, or a rnaim that does not belong to him, shall incur a fine of
from 375 to .4,735 pesetas.
Aar. 344. HP who shall publicly and unlawfully wear a uniform or
dres-, hb-longing t.- an. office which he does not hold, or of a class to
which he does not belong, or of a rank not his own, or insignia or
decoration- that he is not authorized to wear, shall be punished with
the p-nalty of a fine of from 325 to 3,250 pesetas.

TITLE V.
VIOLATION OF THE LAWS RELATING TO INTERMENTS, VIOLATION OF
SEPULCHERS, AND OFFENSES AGAINST PUBLIC HEALTH.
CHAPTER 1.
VIOLATION OF LAWS RELATING TO INTERMENT AND VIOLATION OF
SEPULCHERS.
ART. 345. He who shall conduct or cause to be conducted an inter-
ment in contravention to the provisions of the laws or rIgiulaitiuns
with regard to the timn,' place, and other formalities prescribed for
'Nee Order No. 150, Head.quarters Division of Cuba, April 10, 1900, page 139.






76

interments, shall incur the penalties of arrest mayor and a fine of
from 375 to 3,750 pesetas.
ART. 346. He who shall violate sepulchers or graves, committing
any acts whatsoever directly tending to detract from the respect due
the memory of the dead, shall be sentenced to the penalties of arreto
mayor and a fine of from 325 to 3,250 pesetas.

CHAPTER II.

OFFENSES AGAINST PUBLIC HEALTH.

ART. 347. He who, without having been duly authorized, shall man-
ufacture substances injurious to health, or chemical products capable
of causing great destruction, for the purpose of dealing therein, or
who shall send them out, or sell or deal in them, shall be punished
with the penalties of arrest mayor and a fine of from 625 to 6,250
pesetas.
ART. 348. He who, being authorized to deal in substances which
might be injurious to health, or chemical products of the kind men-
tioned in the preceding article, shall transmit them or supply them
without complying with the formalities prescribed in the respective
regulations, shall be punished with the penalties of arrest mayor and
a fine of from 325 to 3,250 pesetas.
ART. 349. Pharmacists who shall send out adulterated medicines, or
shall substitute certain ones for others, or shall dispense them with-
out complying with the formalities prescribed in the laws and regula-
tions, shall be punished with the penalties of arrest mayor, in its
maximum degree to prisidn correctional in its minimum degree and a
fine of from 325 to 3,250 pesetas.
If by reason of the sending out of such medicines the death of a
person should have resulted, the penalty of prision correctional in its
medium and maximum degrees, and a fine of from 625 to 6,250 pesetas
shall be imposed upon the culprit.
ART. 350. The provisions of the two preceding articles are applica-
ble to those who deal in the substances or products mentioned therein,
and the employees of the pharmacists, if they should be the culprits.
ART. 351. He who shall exhume or transfer human remains, in vio-
lation of the regulations and other sanitary provisions, shall incur the
penalty of a fine of from 325 to 3,250 pesetas.
ART. 352. He who shall alter beverages or articles of food destined
for public consumption by any composition whatever noxious to
health, or who shall sell spoiled goods, or who shall manufacture or
sell objects whose use would be necessarily injurious to health, shall
be punished with the penalties of arrest mayor in its maximum degree








topr&iin corrrec:.,,,nl in its minimum degree and a fine of from 325
to 3,250 pesetas.
The adulterated goods and the articles injurious to health shall
always be destroyed.
ART. 353. The penalty prescribed in the foregoing article shall also
be imposed--
1. Upon a person who shall secrete or remove articles intended for
destruction or diLinfection, with the object of selling or buying them.
2. Upon a person who shall throw into a spring, cistern, or river
the water of which i- used for drinking purposes, any object which
should make the water injurious to health.

TITLE VI.
GAMBLING AND RAFFLES.
ART. 354. The bankers and proprietors of houses where games of
chance, stakes, or hazard are played, shall be punished with the penalty
of rr.stoi t.mayor and a fine of from 625 to 6,250 pesetas, and in case
of a repetition with those of arrest mayor in its maximum degree to
pr,'sin ,r, ,rreccional in its minimum degree and a fine double the above
mentioned.
The players who assemble at the houses referred to shall be pun-
ished with those of arrest mayor in its minimum degree and a fine of
from 325: to 3,250 pesetas.
In case of repetition, with that of arrest mayor in its medium degree
and double the fine.
ART. 355. The managers of and circulators of tickets in unauthorized
lotteries or raffles shall be punished with the penalty of arrest mayor
in its, minimum and medium degrees and a fine of from 325 to 3,250
pesetas.
Those who use fraudulent devices to insure winning in games of
chance or raffles shall be punished as swindlers.
ART. 356. The money or other articles and the instruments and tools
used in gambling or raffles shall be confiscated.

TITLE VII.
OFFER ES COMMITTED BY PUBLIC EMPLOYEES IN THE DISCHARGE OF THEIR
OFFICES.
CHAPTER 1.
DERELICTION OF DUTY.
ART. 357. The judge who shall knowingly pass an unjust sentence
upon a guilty person in a criminal prosecution for crime, shall incur
the penalty imposed by such sentence, if it should have been executed,
and in addition that of temporary absolute di-.luilitkafion in its maxi-
mum degree up to perpetual absolute disqualification.








ART. 358. The judge who shall knowingly pass an unjust sentence
upon a guilty person, if it should not have been put into execution,
shall be punished with the penalty next lower in degree than that
which he had imposed by such unjust sentence, if the crime were a
grave crime, and with that next lower by two degrees than the .sen-
tence imposed if the crime were less grave.
In all the cases of this article there shall also be imposed on the cul-
prit the penalty of temporary special disqualification in itq maximum
degree to perpetual special disqualification.
ART. 359. If the unjust sentence should be knowingly passed upon
criminal in a trial for a misdemeanor, the penalties shall be those of
arrest mayor and temporary special disqualification in its maximum
degree to perpetual special disqualification.
ART. 360. The judge who in a criminal prosecution shall knowingly
pronounce an unjust sentence in favor of a criminal, shall incur the
penalty of prisidn correctional in its minimum and medium degrees
and temporary special disqualification in its maximum degree to per-
petual special disqualification if the cause were for a grave crime, and
that of arrest mayor in its maximum degree to p1isidsn eir,. r.;'.il
in its minimum degree and the same disqualification, if the prorecu-
tion were for a less grave crime, and that of arrest mry.,,r in its
minimum degree and suspension, if the prosecution were for a misde-
meanor.
ART. 361. The judge who shall knowingly render an unjust judg-
ment in a civil cause shall incur the penalties of arrest ;. ,m..," in its
medium degree to prison correccional in its minimum degree, and
temporary special disqualification in its maximum degree to perpet ual
special disqualification.
ART. 362. The judge who, on account of inexcusable neglig.cnue or
ignorance, shall render judgment or pass sentence in a civil or criim-
inal case that is manifestly unjust, shall incur the penalty of temporarily
special disqualification in its maximum degree to perpetual -pec-ial
disqualification.
ART. 363. The judge who shall knowingly pronounce an unjust
interlocutory decree shall incur the penalty of suspension.
ART. 364. The judge who shall refuse to pass upon a cause, under
pretext of obscurity, insufficiency, or silence of the law, shall be pun-
ished with the penalty of suspension.
The judge guilty of malicious delay in the administration of justice
shall incur the same penalty.
ART. 365. The public official who shall knowingly render or advise
an unjust interlocutory decree or decision of administrative litigation
or in a matter merely administrative, shall incur the penalty of tem
porary special disqualification in its maximum degree up to perpetual
special di-i -lLhlith:di iOn.








The public official who shall render or advise, through inexcusable
negligence or ignorance, a manifestly unjust interlocutory decree or
decision in a matter of administrative litigation, or merely administra-
tive, shall be punished with the same penalty.
ART. 366. The public official who, neglecting the duties of his office,
shall maliciously fail to move the prosecution and punishment of delin-
quents shall incur the penalty of temporary special disqualification in
its maximum degree to perpetual special disqualification.
ART. 367. The attorney or solicitor who, in malicious abuse of his
profession or through inexcusable negligence or ignorance, shall preju-
dice his client or disclose his secrets of which he had gained knowledge
in the course of his professional duties shall be punished with a fine
of from 625 to 6,250 pesetas.
ART. 368. The attorney or solicitor who, having been retained to
defend the cause of one party, shall subsequently, without his consent,
defend the opposite side in the same action or give counsel to the same,
shall be punished with the penalties of temporary special disqualifica-
tion and a fine of from 325 to 3,250 pesetas.

CHAPTER II.

FAITHLESSNESS IN THE CUSTODY OF PRISONERS.

ART. 369. The public official guilty of connivance in the escape of
a prisoner whose conveyance and custody may have been intrusted to
him shall be punished-
1. In case the fugitive should have been finally sentenced to undergo
any penalty, with that lower than the same by two degrees and that of
temporary special disqualification in its maximum degree to perpetual
special disqualification.
2. With the penalty lower by three degrees than that prescribed by
law for the crime for which the fugitive was being tried, should he not
as yet have been finally condemned, and with that of temporary
special disqualification.
ART. 370. The individual who, being in charge of the conveyance
or custody of a prisoner or person under arrest, shall commit any of
the crimes mentioned in the preceding article, shall be punished with
the penalties next lower in degree than those prescribed for public
officials.
CHAPTER mI.
FAITHLESSNESS IN THE CUSTODY OF DOCUMENTS.

ART. 371. The public official who shall steal, destroy, or hide docu-
ments or papers entrusted to him by virtue of his office, shall be
punished:






80

1. With the penalties of prisi6n mayor and a fine of from 625 to
6,250 pesetas, provided that a grave injury to a third person or the
public interests has resulted from his action.
2. With prisi6n correctional in its minimum and medium degrees
and a fine of from 325 to 3,250 pesetas, if the injury to the third per-
son or to the public interests were not grave.
In either case there shall furthermore be imposed the penalty of
temporary special disqualification in its maximum degree t.. )perpetual
special disqualification.
ART. 372. The public official who, having charge of the eu-tody of
papers or effects sealed by the authorities, should break the t-als. or
consent that they be broken, shall be punished with the prnaltie. of
prisidn correctional in its minimum and medium degrees, temporary
special disqualification in its maximum degree to perpetual -pe:.cial dis-
qualification, and a fine of from 625 to 6,250 pesetas.
ART. 373. The public official who, not being included in tbh forego-
ing article, should open, or consent to the opening, withoutt proper
authorization, of closed papers or documents whose custody may have
been entrusted to him, shall incur the penalties of arrest ..* ,, tem-
porary special disqualification, and a fine of from 325 to 3,2-'." per.etas.
The penalties prescribed in the three preceding articl- a.re alo
applicable to ecclesiastics and to individuals entrusted teimpirarily
with the transmission or custody of documents or papers, hy cornmis-
sion of the government or of officials to whom they may have been
entrusted by virtue of their office.

CHAPTER IV.

VIOLATION OF SECRETS.

ART. 374. A public official who shall reveal the secrets of which he
may have knowledge by virtue of his office, or who shall wrongfully
deliver papers or copies of papers which he may have in hi charge
and that should not be made public, shall incur the penalties of us.pen-
sion in its minimum and medium degrees and a fine of 325 to 3.'50
pesetas.
If serious injury to the public interest should be caused by the reve-
lation or the delivery of the papers, the penalties shall be temporary
special disqualification in its maximum degree to perpetual special dis-
qualification and prisidn correctional in its medium and maximum
degrees.
ART. 375. A public official who, by virtue of his office, knows the
secrets of an individual and reveals them, shall incur the penalties of
suspension, arrest mayor, and a fine of from 325 to 3,250 pesetas.









CHAPTER V.
DISOBEDIENCE AND REFUSAL OF COOPERATION.

ART. 376. The judicial or administrative orti. i.li, who shall openly
refuse to duly fulfill the sentences, decisions, or orders of a superior
authority, issued within the limits of its respective competency, and
rested with the legal formalities, shall incur the penalties of tempo-
rary special disqualification and a fine of from 375 to 3,750 pesetas.
Notwithstanding the provisions of the preceding paragraph, public
officials shall not incur criminal liability for not enforcing an admin-
istrative order constituting a manifest, clear, and definite violation of
a constitutional precept.
Neither shall public officials exercising authority incur criminal lia-
bility who do not enforce an order of the same character wherein any
other law is manifestly, clearly, and d, rtiri.it violated.
ART. 377. The official who may, for any reason whatsoever (not,
however, one of those specified in the second paragraph of the pre-
ceding article), should have suspended the execution of the orders of
his superiors, and should disobey after the former may have disap-
proved such suspension, shall suffer the penalty of perpetual special
disqualification and prisid correccional in its minimum and medium
degrees.
ART. 378. The public official who, upon the request of the compe-
tent authority, does not furnish him the proper cooperation in the
administration of justice or other public service, shall incur the pen-
alty of suspension in its minimum and medium degrees, and a fine of
from 325 to 3,250 pesetas.
If grave injury to the public interest or to a third person should
result from such omission, the penalties shall be those of perpetual
special disqualification and a fine of from 375 to 3,750 pesetas.
ART. 379. He who shall refuse or decline to occupy an elective
public office without presenting a legal excuse to the proper author-
ity, or after the excuse shall have been rejected, shall incur a fine of
from 375 to 3,750 pesetas.
The same penalty shall be incurred by any juror who shall wilfully
fail to perform his duties without an accepted excuse; and the expert
and the witness who likewise deliberately fail to appear before a court
to give their testimony when they have been duly cited to do so.

CHAPTER VI.
ANTICIPATION, PROLONGATION, AND ABANDONMENT OF PUBLIC DUTIES.
ART. 380. He who shall enter upon the performance of a public
employment or office without having taken the oath in due form or
1571 -6






82

given the bond required by law, shall be suspended from said employ-
ment or office until he complies with the respective formalities and
shall incur a fine of from 325 to 3,250 pesetas.
ART. 381. The public official who shall continue in the exeri-e of
his employment, office, or commission after he must cease th-,rein in
accordance with the laws or regulations or special provisions relating
thereto, shall be punished with the penalties of temporary special dis-
qualification in its minimum degree and a fine of from 325 to 3.:.50
pesetas.
ART. 382. The public official guilty of any of the offenses puni-hed
in the two preceding articles who should have received any fee., r
emoluments by reason of his office or commission before he was- Ii:li-
fied to exercise them or after he should have discontinued thir-in
shall be furthermore condemned to restore such sums, with a hnt- of
from 10 to 50 per cent of their amount.
ART. 383. The public official who shall abandon his employ umnt
without his resignation having been accepted, to the injury of the
public interests, shall be punished with the pI.-n.ilt of suspension in
its medium and maximum degrees.
If the abandonment of such employment were made in order not to
hinder, prosecute, or punish any of the crimes included in titles 1 :and
2 of Book II of this code, there shall be imposed upon the culprit th,'
penalty of prishin correccional in its minimum to its medium degree,
and that of arrest mayor if his purpose were not to prevent, proue-
cute, or punish any other kind of crime.

CHAPTER VII.

USURPATION OF PREROGATIVES AND ILLEGAL APPOINTMENTS TO OFFICE.

ART. 384. The public official who shall infringe upon the pr, roga-
tives of the legislative power, either by pr.' rilbiriv' regulation- ior
general provisions in excess of his powers or by annulling or si,-p,:nd-
ing the execution of a law, shall incur the penalty of temporary perial
disqualification and a fine of from 375 to 3,750 pesetas.
ART. 385. The judge who shall arrogate to himself preroga.tivit
belonging to the administrative authorities, or shall prevent th Inltter
from lawfully exercising their own, shall be punished with the perinlt)
of suspension.
The same penalty shall be incurred by every, official of the aduiniui
trative branch of the Government who shall arrogate to himself jidicinl
pi. i.._ iiti, or prevent the execution of an interlocutory decree or
decision rendered by a competent judge.
ART. 386. The public o(ll. i.i who, being legally warned by writ of
inhibition, should continue to act before the question of jurisdiction








has been decided, shall be punished with a fine of from 325 to 3,250
peetai.
ART. 387. The administrative or military official who shall give
orders or intimations to a judicial authority relating to causes or ques-
tions in controversy whose cognizance or decision is of the exclusive
competency of courts of justice, shall incur the penalties of suspension
in its minimum and medium degrees and a fine of from 625 to 6,250
pesetas.
ART. 388. The ecclesiastic who, when requested by the competent
court, shall refuse to forward to the same the files requested for the
decision of an appeal made to the civil jurisdiction from a decision
rendered by an ecclesiastical court, shall be punished with the penalty
of temporary special disqualification.
A second offense shall be punished with that of perpetual special
disqualification.
ART. 389. The public official who knowingly shall recommend or
nominate for public office a person who does not have the legal quali-
fications, shall be punished with the penalty of suspension and a fine
of from 325 to 3,250 pesetas.

CHAPTER VIII.

ABUSES AGAINST CHASTITY.

ART. 390. The public official who shall solicit a woman who has
applications before him ." iltiln, his decision, or on which he has to
make a report or consult his superior, shall be punished with the
penalty of temporary special ART. 391. The warden of the prison who shall solicit a woman in
his custody shall be punished with the penalty of prisidn cowreciumal
in its medium and maximum d. ?1 ..-
If the person solicited were the wife, daughter, sister, or a relation
by affinity within the same degrees of a person whom he had under his
charge, the penalty shall be pridi8 ctornccimnal in its minimum to its
medium degree.
In every case he shall in addition incur the penalty of temporary
special disqualification in its maximum -.I lI.. to perpetual special
disqualification.

CHAPTER IX.

BRIBERY.

ART. 392. The public official who shall receive, directly or through
an intermediary, a gift or present, or who shall accept offers or prom-
ises for his committing, in the discharge of his Mil.- an act consti-








CHAPTER X.

MISAPPROPRIATION OF PUBLIC FUNDS.

ART. 401. The public official who, by reason of his duties, has in his
charge public funds or property, and who should take or consent that
others should take the same shall be punished:
1. With the penalty of arrest mayor in its maximum degree to
presidio correccional in its minimum degree if the amount taken should
not exceed 125 pesetas.
2. With that of presidio correctional in its medium and maximum
degrees if it should have exceeded 125 and did not exceed 6,250
pesetas.
3. With that of presidio mayor if it exceeded 6,350 and did not
exceed 125,000 pesetas.
4. With that of cadena temporal if it exceeded 125,000 pesetas.
In any case with that of temporary special disqualification in its
maximum degree to perpetual absolute disqualification.
ART. 402. The public official who, through inexcusable abandonment
or negligence, should enable the peculation of public funds or property,
referred to in Nos. 2, 3, and 4 of the f.i. ..Ii,_- article, by another
person, shall incur the penalty of a fine equivalent to the value of the
money or property misappropriated.
ART. 403. The official who, to the detriment or hindrance of the
public service, shall apply to his own or to foreign purposes the money
or property placed under his charge, shall be punished with the
penalties of temporary special disqualification and a fine of from 20 to
50 per cent of the amount diverted.
If restitution be not made the penalties prescribed in article 401
shall be imposed on him.
If such unlawful use of the funds were without detriment to or
hindrance of the public service, he shall incur the penalties of sus-
pension and a fine of from 5 to 25 per cent of the amount diverted.
ART. 404. The public official who shall give to the funds or property
that be administers a public application different from that to which
they were d,,tini-.1. shall incur the penalties of temporary disqualifi-
cation and a fine of from 5 to 50 per cent of the amount diverted, if
detriment to or hindrance of the public service to which they were
assigned should result therefrom, and otherwise, that of suspension.
ART. 405. The public official who, as a holder of State funds, should
be obliged to make a t I\ I. nt and should not do so, shall be punished
with the penalties of suspension and a fine of from 5 to 25 per cent of
the amount unpaid.
This provision is applicable to the public official who, when required








CHAPTER XII.

TRANSACTIONS FORBIDDEN PUBLIC EMPLOYEES.

ART. 411. The judges, officials of the department of public prose-
cution (ministerio fiscal), the military, administrative or financial heads
of a province or district, with the exception of mayors, who, during
the discharge of their office, shall directly or indirectly take part in
exchange, trade, or gain transactions within the limits of their juris-
diction or command, with regard to objects not the product of their
own property, shall be punished with the penalties of suspension and a
fine of from 625 to 6,250 pesetas.
This provision is not applicable to those who shall invest their
funds in the stock of a bank or any enterprise or company, provided
they do not hold therein any office or exercise any direct interven-
tion, either administrative or financial.

CHAPTER XIII.

GENERAL PROVISION.

ART. 412. For the purposes of this and of the preceding Titles of this
book, every person shall be considered a public ..i;. i.l who, by the
immediate provisions of the law and by popular election or appoint-
ment by competent authority, takes part in the exercise of public
functions.

TITLE VIII.

CRIMES AGAINST PERSONS.

CHAPTER 1.

PARRICIDE.

ART. 413. He who shall kill his father, mother, or son, whether
legitimate or illegitimate, or any other of his ascendants or descend-
ants, or his spouse, shall be punished as a parricide, with the penalty
of cadenaperpetua to death.

CHAPTER II.

ASSASSINATION.

ART. 414. He who, without being included in the preceding article,
shall kill any person, is guilty of assassination if the deed is attended
by any of the following circtunstances: (1) With treachery; (2) for








price or promise of reward; (3) by means of flood, fire, or poison; (4)
with deliberate premeditation; (5) with vindictiveness, by deliberately
and inhumanly ii, ...i-:' the suffering of the person attacked.
A person guilty of assassination shall be punished with the penalty
of cadena temporal in its maximum degree to death.
ART. 415. The slave who shall kill his master or his master's spouse,
or any of the ascendants or descendants of the same living in his
household, with the attendance of any of the circumstances specified
in the preceding article, shall be punished with the penalty of cadena
perpetua to death.
The same penalty shall be imposed on the freedman who shall kill
his patron, if any of the aforesaid circumstances are attendant

CHAPTER III.

HOMICIDE.

ART. 416. He is guilty of homicide who, not being covered by the
provisions of article 413, shall kill another without the accompaniment
of any of the attendant circumstances specified in article 414.
A person guilty of homicide shall be punished with reclusi6n
te)nmporal.
ART. 417. A slave who, without the attendance of the circumstances
specified in article 414, shall kill his master or master's spouse, or any
of the ascendants or descendants of the same living in his household,
or the person charged by his master with his supervision, custody, or
direction, shall be punished with the penalty of reclsi6n temporal in
its medium degree to reclusi6n perpetual.
The homicide committed by a freedman upon the person of his
patron shall be punished with the same penalty.
ART. 418. When several persons are struggling and fighting together
confusedly and tumultuously, a death resulting therefrom, the author
of which can not be ascertained but those who inflicted serious wounds
are found, the latter shall be punished with the penalty of prison
ma ryor.
Should it not be proven who inflicted such serious wounds upon the
person assaulted, there shall be imposed upon everybody who used
violence against his person, that of prisid6 correctional in its medium
and maximum degrees.
AnT. 419. He who gives his assistance to another to commit suicide
shall be punished with the penalty of prisidn mayor; if his assistance
should extend to the point of himself taking such person's life, he
shall he punished with the penalty of reel a in temporal.








CHAPTER IV.

PROVISION- COMMON TO THE THREE PRECEDING CHAPTERS.

ART. 4l20. The courts, taking into consideration the circumstances
of the deed, may punish the frustrated crimes of parricide, assassina-
tion, and homicide with a penalty lower by one degree than that which
ought It be applied according to article 64.
They may al o reduce by one degree, according to the circumstances
of the deed, three penalty applicable to an attempt, according to article
65.
ART. 421. The act of discharging a firearm at any person shall be
punished with the penalty of prisidn correccional in its minimum and
medium degree-, if all the circumstances of the deed necessary to con
stitute a frustrated crime or attempt at parricide, assassination, homi-
cide, or any other crime for which a higher penalty is prescribed by
any of the article, of this code should not be attendant.

CHAPTER V.

INFANTICIDE.

ART. 4'2. The mother who, for the purpose of hiding her shame,
shall kill her child before it has reached the age of three days, shall
be punished with the penalty of prisidn correccimnal in its medium
and maximuni degrees.
The father or mother of a woman who, in order to hide their daugh-
ter's s-hame, r.nmmit this crime, shall be punished with the penalty of
)r;S.;'oh I/il .,
With the exception of these cases, he who kills a newly born infant
shall incur, a,. .irding to the cases, the penalties prescribed for parri-
cide or asas.ination.
CHAPTER VI.

ABORTION.

ART. 423. He who shall intentionally cause an abortion shall be
punished:
1. With the penalty of reelusimn temporal, if violence should have
been used against the person of the pregnant woman.
2. With that of prisid n mayor if, even though violence should not
have been uted, he acted without the consent of the woman.
3. With that of prisid6 correcconal in its medium and maximum
degree. if the woman should consent thereto.
ARJ. 424. He who shall occasion a miscarriage by his violence,
without th- intention of causing it, shall be punished with prisi6n
corec;ioral in it, mininunm and medium degrees.








account of said mutilation, shall incur the penalty of presid,, crr.
cional in its medium and maximum degrees.
ART. 436. He who should disable another, with his consent, for the
purpose mentioned in the preceding article, shall incur the penalty of
presidio correcciownal in its minimum and medium degrees.
If he should have done the deed for remuneration, the penalty shall
be that next higher in degree than that prescribed in the foregoing
paragraph.
If the person guilty of this crime were the father, mother, spouse,
brother, or brother-in-law of the person mutilated, the penalty hall
be that of arresto mayor in its medium degree to prisi6n, .',rri-ci.'ml
in its minimum degree.

CHAPTER VIII.

GENERAL PROVISIONS.

ART. 437. The husband who should surprise his wife in adultery
and shall kill her or her paramour in the act, or shall inflict upon them
any kind of grave physical injury, shall be punished with the penalty
of banishment.
If he should inflict upon them injuries of any other kind he shall be
exempt from punishment.
These rules are applicable under similar circumstances to fathers
with regard to their i1.iiih i, I under 23 yearsof age and their seducers
while the former are living under the paternal roof.
The benefit of this article shall not be extended to those who may
have instigated or facilitated the prostitution of their wives or daughters.

CHAPTER IX.

DUELLING.

ART. 438. The authority who shall receive information that a duel
is being arranged shall proceed to the detention of the challenger and
that of the challenged party, if he shall have accepted the challenge,
and shall not set them at liberty until they give their words of honor
to desist from their purpose.
He who shall break his word, challenging his adversary anew, shall
be punished with the penalties of temporary absolute disqualification
from public office and con !inimiento.
He who shall accept the challenge under similar circumstances shall
be punished with that of banishment.
ART. 439. He who shall kill his adversary in a duel shall be punished
with the penalty of pre;isin minayor.
'See General Order No. 129, I lallquarltrs Department of Porto Rico,August 24,
1809, page 145.








If be inflit-s upon him the injuries described in number 1, of article
129, with that ot' prisidn correctional in its medium and maximnun
degree.
In any other ,i-e whatsoever the penalty of arresto mayor shall be
imposed upon tbh combatants, even though no injury should result.
ART. -H4 In place of the penalties prescribed in the preceding arti-
cle there -hall be imposed, in case of homicide, that of ;
that of bani-hinent in case of the physical injuries included in number
1,of article 4 :, :nd that of a fine of from 325 to 3,250 pesetas in all
other ci.,F-:
1. Upon th- li.dllenged person who should fight because he had not
obtained from hi- adversary an explanation of the reasons for the duel.
2. Upon the challengedd person who should fight because of his
adver-ary havbiri refused to accept adequate explanations or proper
satisfaction tor the offense given.
3. Upon a per-.,n insulted who should fight because he had not been
able to obtain trim the offender an adequate explanation or proper
satisfa<.tion Im-nianded.
ART. 441. The penalties prescribed in article 439 shall be imposed
in their maxinimlt degrees:
1. Upon the lirson who shall challenge another to a duel without
explaining to hi- adversary, if he should demand them, the reasons
there fr.
2. Upln thb- person who, having issued a challenge, although he
should do ,. witth cause, should reject the adequate explanations or
proper sati.tfact in that his adversary may have offered him.
3. Upon the person who, having done his adversary any injury
whatsoever, -hall refuse to give him -iIhI. o ii explanations or proper
satisfaction.
ART. 442. He who shall incite another to send or accept a challenge
to a duel sh.ill be punished respectively with the penalties prescribed
in article 4394, if the duel should take place.
ART. 44-3. II- who shall revile or publicly discredit another for
having refu-ed a challenge shall incur the penalties prescribed for
grave outrage.
ART. 444. The seconds of a duel from which death or physical
injuries result ball be respectively punished as principals with pre-
meditation in -uch .lrh-i-.-, should they have incited the duel or
employed any manner of treachery in its conduct or in the .l r.m.r -
nent of its conditions.
They shall le considered as accomplices in the same crimes if they
should have planned it to the death, or with known advantage on the
part of one of the combatants.
The- shall incur the penalties of irri'.tt may(r and a line of from
625 to 6.25 i p,-,r-tas if th. y should not have done all in their power to






94

reconcile the disputants, or should not have agreed to arrange the
conditions of the duel in the manner the least dangerous possible to
the life of the combatants.
ART. 445. A duel which takes place without the attendance of two
or more seconds of legal age for each of the combatants, and without
their having selected the arms and arranged all the other i.onditions
thereof, shall be punished:
1. With prisidn correctional, if neither death nor wuilin rIst-ult.
therefrom.
2. With the general penalties of this code, if they should ri.-ult.
never falling below that of prisidn correctional.
ART. 446. There shall likewise be imposed the general penalt.i-s of
this code, and in addition that of temporary absolute dislualiti,:ation:
1. Upon the person who shall provoke or give rise to a challenge
with pecuniary interest or immoral purpose in view.
2. Upon the combatant who is guilty of treachery in disregarding
the conditions agreed upon by the seconds.

TITLE IX.
CRIMES AGAINST CHASTITY.

CHAPTER I.

ADULTERY.

ART. 447. Adultery shall be punished with the penalty of pri idn
correccional in its medium and maximum degrees.
Adultery is committed by the married woman who lies with a man
not her husband and by him who lies with her knowing that she is
married, although the marriage be afterwards declared void.
ART. 448. Adultery committed by a slave with the wife of his mas-
ter or a freedman with that of his patron, shall be punished with the
penalty of prision mayor.
ART. 449. No penalty shall be imposed for the crime of adultery
except upon the complaint of the aggrieved husband.
The latter can enter a complaint against both guilty parties if alive,
and never if he had consented to the adultery or pardoned either of
the culprits.
ART. 450. The husband I, 1\ at any time obtain the remission of the
punishment imposed upon his wife.
In such case the adulterer's penalty shall also be considered as
remitted.
ART. 451. The final judgment rendered in a suit for divorce on the
ground of adultery shall have full effect as to penal consequences if it
absolves the respondents.
If the judgment is condemnatory of the respondents, however, a









new proceeding shall be necessary in order to impose penalties upon
them.
ART. 452. The husband who shall keep a concubine in his home, or
out of it with scandal, shall be punished with the penalty of prisimd
orr.<.;,-rnal in its minimum and medium degrees.
The concubine shall be punished with banishment.
The provisi',ns of articles 449 and 450 are applicable to the case
referred to in this article.

CHAPTER II.

RAPF IN [OLACI6N) AND WRONGFUL ABUSE OF CHASTITY.

ARr. 4.-:,. The rape of a woman shall be punished with the penalty
of ,.. Rape i. c.nlmmitted by lying with a woman in any of the following
cases:
1. If f r..'.. -r intimidation shall be used.
2. If th: woman is from any cause deprived of reason or
uneonefl,lOu-.
3. If she is under 12 years of age, though none of the circumstances
mentioned in the two foregoing numbers be attendant.
ART. 454. The slave who shall violate a woman under whose servi-
tude he may be, or the wife, daughter, or granddaughter of his mas-
ter. L-r woman of the family of any of them, within the fourth degree
of relationship and living in their household, shall be punished with
the penalty of reclusic~i temporal in its medium degree to reclusidn

ART. 455. Whosoever shall offend lewdly the person of one of either
sex with the attendance of any of the circumstances mentioned in
arti le 453, shall be punished, according to the gravity of the case,
with thb- penalty of prisidn corfeceional in its medium and maximum
degrees.
If th.- lewd abuse referred to in the f.r .- .ii paragraph be com-
mitted iy the slave against any member of his master's family within
the fourth degree of relationship, the penalty shall be that of pi/ si;
rerr:',',, .. / in its maximum degree to prhisi;, mayor in its minimum
and medium degrees.

CHAPTER III.

CRIMES OF PUBLIC SCANDAL.

ART. 456. He who, being united by an indissoluble religious mar-
riage. shouldd abandon his spouse and contract another marriage
according to the civil law with another person, or vice versa, even
though the new religious marriage he should contract were not indis-






96

soluble, shall incur the penalty of arrest mayor in its maximum
degree to prisidn correctional in its minimum degree and public
censure.
ART. 457. Those who in any way should offend modesty or good
morals by acts of previous scandal or enormity, not expressly included
in other articles of this code, shall incur the penalties of aon i.s, mIaynr
and public censure.
ART. 458. Those who shall preach or proclaim, with publicity and
scandal, doctrines contrary to public morals, shall incur the penalty
of a fine of from 325 to 3,250 pesetas.

CHAPTER IV.

SEDUCTION AND CORRUPTION OF MINORS.

ART. 459. The seduction of a virgin over 12 and under 23 years of
age, committed by a public authority, priest, servant, d- nmectic, guard-
ian, or teacher in charge of her education or guardian -hip, under any
name whatsoever, shall be punished with the penalty of pri.;in, cur-
reccional in its minimum and medium degrees.
Whosoever shall commit incest with his sister or a de-cendant of his,
even though she were older than 23 years of age, shall irn.ur the same
penalty.
Seduction, when committed with fraud by any other person on a
woman over 12 years of age but under 23, shall be punished with the
penalty of arrest mayor.
Any other unchaste abuse committed by the same per-'ln- and under
similar circumstances shall be punished with the same penalty.
ART. 460. If the seduction were committed by a slave ,in the person
of his mistress, the daughter or granddaughter of hi- master, or a
woman of the family of any one of them related within the f,,urth
degree of relationship and living in their household, the penalty -hall
be that of prii4n correctional in its maximum degree to pi i;,,on mayor
in its minimum and medium degrees.
ART. 461. An unchaste abuse committed by a slave, through the
employment of fraud, upon a person over 12 years of age but under
23, belonging to the family of his master within the fourth degree of
relationship, shall be punished with the penalty of prif ;-;i cvrri. ctcl
in its minimum and medium degrees.
ART. 462. Whosoever shall habitually, or taking advantage of bis
;iithorit\ or another's trust, promote or facilitate the prostitution or
corruption of minors to satisfy the lusts of another, -hall be punished
with the penalty of prisi&M correctional in its minimum and medium
degrees; and temporary absolute disqualification if be were an
authority.









CHAPTER V.

ABDUCTION (RAPTO).

ART. 4ti3. The abduction of a woman, executed against her will and
with un hate designs, shall be punished with the penalty of reclusidn

The ;ame penalty shall be imposed in all cases if the person
abducted wei e under 12 years of age.
Anr. 464. If the crime foreseen in the preceding article should be
committed by a slave against the person of his mistress, or the wife,
daughter. or granddaughter of his master, or a woman belonging to the
family of any of them, within the fourth degree of relationship, and
living in their household, he shall be punished with the penalty of
i-edu..i.';, temporal in its medium degree to reclusid a perpetua.
ART. 465. The abduction of a virgin under 23 years of age and over
12, executed with her assent, shall be punished with the penalty of
prim'in correccional in its minimum and medium degrees.
The same crime committed by a slave against any of the persons
mentioned in the preceding article shall he punished with the penalty
of prisidn correccional in its maximum degree to prisidon mayor in its
minimum degree.
ART. 466. Those guilty of the crime of abduction who shall not give
the whereabouts of the person abducted, or satisfactory explanation
of her death or disappearance, shall be punished with the penalty of
cadena perpetual.

CHAPTER VI.

PROVISIONS COMMON TO THE PRECEDING CHAPTERS.

ART. 467. Criminal proceedings for seduction can only be instituted
on the complaint of the offended person, or her parents, grandparents.
or guardian.
In order to proceed in cases of rape and in those of abduction com-
mitted with unchaste d..-i.-i,. the denunciation of the interested party,
of her parents, grandparents, or guardians, shall .titl.., even though
th-ey do not present a formal petition to the judge.
If the person injured should, by reason of her ,2.- or mental condi-
tion, lack the requisite personality to appear in court, and should,
besides, be wholly unprotected, not having parents, grandparents,
brothers, or guardian of person or property to denounce the crime, the
proeuradoir sindico or the public prosecutor may do so, acting on the
strength of public rumor.
In all the cases of this article the express or implied pardon of the
1571 7








offended party shall extinguish penal action or the penalty if it should
have been already imposed on the culprit.
The pardon shall never be presumed, except by the lmarriagne if the
offended party with the offender.
ART. 468. Those guilty of rape, seduction, or abduction shall be con-
demned also, by way of indemnification-
1. To endow the injured woman, if she were unmarried or a wid,.,w.
2. To emancipate her if she were under his servitude.
3. To acknowledge the offspring if the character of it- origin shouldd
not prevent it.
4. In all cases to support the offspring.
ART. 469. The ascendants, guardians of persons or property, masters,
patrons, teachers, and any other persons whatsoever, who, taki ng ad an-
tage of their authority or trust, cooperate as accomplice; in the p1i'pe-
tration of the crimes included in the four preceding chapters, shall be
punished as principals therein.
Teachers, or those charged in any manner whatsoever with the edu-
cation or management of the young, shall, furthermore, lie condemned
to the penalty of temporary special disqualification in it- maximum
degree to perpetual special disqualification.
ART. 470. Those included in the preceding article, and .any others
whatsoever, guilty of the corruption of minors in the int-re-.t of a third
person, shall be punished with the penalties of interdiction in the right
to exercise guardianship and to be members of the family c-:uncil.

TITLE X.
CRIMES AGAINST HONOR.

CHAPTER I.

CALUMNY.

ART. 471. Calumny is the false imputation of a crime of tbo:e ,ub-
ject to prosecution at the instance of the Government (.'. ,.in;).
ART. 472. Calumny put into writing and made public shall be
punished with the penalties of prisidn correctional in its minimum
and medium degrees and a fine of from 1,250 to 12,500 pesetas if a
grave crime be charged, and with those of arrest mayor and a fine of
from 625 to 6,250 pesetas if the crime charged be less grave.
ART. 473. When the calumny is not made public and put into writ-
ing it shall be punished-
1. With the penalty of arrest mayor in its maximum degree and a
fine of from 625 to 6,250 pesetas, if a grave crime be charged.
'See Order No. 150, Headquarters Division of Cuba, April 10, 1900, page 139.







99

2. With that of arrest mayor in its minimum degree and a fine of
from 325 to 3,'251 pesetas, if a less grave crime be charged.
ART. 474. A person accused of calumny shall be exempt from all
punishment if he shall prove the criminal act charged.
The sentence establishing the calumny shall be published in the
official periodicals if the calumniated person should request it.

CHAPTER II.

CONTUMELY.

ART. 415. Contumely includes every expression pronounced or
action executed with a view to dishonoring or holding up to contempt
another prrs on.
ART. 47;. The following are grave acts of contumely:
1. Th- impulation of a crime of those subject to prosecution at the
instance of the government (de oficio).
2. That of i vice or a lack of morality the consequences of which
might .uonsiderailly damage the fame, credit, or interest of the person
offended.
3. Acts of contumely which by their nature, occasion, or circum-
stance are ignominious in public opinion.
4. Those which reasonably deserve the. ..-i i II..,i of grave acts
in view of the condition, dignity, and personal circumstances of the
offended party and the offender.
ART. 477. Grave acts of contumely put into i ilg and made pub-
lii: shall be punished with the penalties of banishment in its medium
to its maximum degree and a fine of from 625 to 6,250 pesetas.
If said circumstances should not be attendant they shall be punished
with the penalties of banishment in its minimum to its medium degree
and a fine of from 325 to 3,250 pesetas.
ART. 478. Slight acts of contumely shall be punished with the
penalties of arrest mayor in its minimum degree and a fine of from
325 to 3,2.50 pesetan-, if they are in writing and should be made public.
If these circumstances are not attendant they shall be punished as
misdemeanor,.
ART. 479. A person charged with acts of contumely shall not be
allowed to furnish evidence tending to prove the truth of his imputa-
tions, unless they shall have been directed at public officers about
matters concerning the performance of their duties.
In such case the defendant shall be acquitted if he prove the truth
of his imputations.








CHAPTER II.

GENERAL PROVISIONS.

ART. 480. The crime of calumny or contumely may be committed
not only openly, but by means of allegories, caricatures, emblem-. or
allusions.
ART. 481. Calumny and contumely shall be considered as baring
been committed in writing and made public when they are circulated
through the medium of printed, lithographed, or engraved papers, by
placards or lampoons posted in public places, or by manuscript com-
municated to more than ten persons.
ART. 482. Any person accused of the crime of calumny or con-
tumely, covert or equivocal, who shall refuse to furnish the court with
a satisfactory explanation thereof, shall be punished as guilty of open
calumny or contumely.
ART. 483. The editors or printers of newspapers in which the calum-
nies or contumelies Ii:, have been published, shall insert therein,
within the period fixed by law, or, in the absence thereof, by the
court, the apology or the condemnatory sentence, if the offended
party should so require.
ART. 484. An action for calumny or contumely may be brought by
the ascendants, descendants, spouses, and brothers of the deceased
S.I. nil- I party, provided the calumny or contumely reflects on them,
and in any case by the heir.
ART. 485. The action for calumny or contumely shall also be proper
when they should have been committed by means of publications in a
foreign country.
ART. 486.' No one can institute an action for calumny or contumely
committed in judicial proceedings without the previous permission of
the judge or tribunal having cognizance thereof.
No one shall be punished for calumny or contumely unless on com-
plaint of the offended party, except when the offense is directed against
the public authority, corporations, or determined classes in the State,
and in the cases prescribed in Chapter V of Title III of this book.
A person guilty of calumny or contumely against individuals shall
be relieved from the penalty imposed by the pardon of the offended
party.
For the purposes of this article the sovereigns and princes of friendly
or allied nations, their diplomatic agents, and foreigners with a public
character, that, according to treaties, should be included in this pro-
vision, shall be considered as authorities.
A special initiative of the government must precede any action
relating to the cases mentioned in the foregoing paragraph.
See Order No. 125, Headquarters Division of Cuba, July 31, 1899, page 137; and
Order No. 239, June 12, 1900, page 142.








TITLE XI.
CRIMES AGAINST THE CIVIL STATUS OF PERSONS.

CHAPTER I.

FICTITIOUS REPRESENTATIONS OF CHILDBIRTH AND USURPATION OF
CIVIL STATUS.

ARI. l7T. Fictitious representations of childbirth and the substitu-
tion of one child for another shall be punished with the penalties of
preddio mayor and a fine of from 625 to 6,250 pesetas.
The same punishments shall be imposed on any person who should
hide or expose a legitimate child with the intent to make him lose his
ciril status.
ART. 488. The physician or public official who, in taking advantage
of his profession or office, should cooperate in the commission of any
of the crimes mentioned in the foregoing article shall incur the same
penalties, and, furthermore, that of temporary special II-.." aiti Ih i,...
ART. 489. He who shall usurp the civil status of another shall be
punished with the penalty of presidio maywr.

CHAPTER 11.

CELEBRATION OF ILLEGAL MARRIAGES.

ART. 490. Any person who shall contract a second or subsequent
marriage without the prior marriage '..-ii.-- lawfully dissolved, shall be
punished with the penalty of prisi~ mayor.
ART. 491. He who, notwithstanding the existence of an impediment
for which no dispensation can be had, shall contract a marriage, shall
be punished with the penalty of prison corccional in its medium and
maximum degrees.
ART. 492. He who shall contract a marriage, notwithstanding the
existence of an impediment for which dispensation could be had, shall
be punished with a fine of from 325 to 3,250 pesetas.
If through his own fault he shall not, after dispensation within the
period fixed by the court, have caused the marriage to be validated, he
shall be punished with the penalty of pTri/in cercicinal in its medium
and maximum deg r.i. from which penalty he shall be released when
the marriage is made valid.
ART. 493. He who shall cause, thlii'oulh surprise or deceit, a parish
priest to take part in the celebration of an illegal 11 i .i i;..... valid, how-
ever, under the provisions of the church. shall he punished with the
penalty of prisi6n correcional.
If he should have caused him to take part through violence or intim-
idation, he shall be punished with that of p'rimain ,enr.








ART. 494. Any minor who shall contract marriage without the con-
sent of his or her parents, or of the persons who for s-ucb purposes
stand in their stead, shall be punished withprisidn co0r ir.',I.l in iLs
minimum and medium degrees.
The culprit shall be pardoned as soon as the parent- or persons
referred to in the foregoing paragraph approve the marriage cou-
tracted.
ART. 495. The widow who shall marry before three hundred and one
days have elapsed from the death of her husband, or before she i -on-
fined, if she were pregnant at the time of his death, -hall incur the
penalties of arrest mayor and a fine of from 125 to 1,2..i peseta-.
The same penalty shall be incurred by a woman whuse marriage
should have been declared null and void if she should marry before
her confinement or before three hundred and one day- have elapsed
from her legal separation.
ART. 496. He who, without previous dispensation, .-hall contractt a
marriage with one of his adopted children or descendants shall he
punished with the penalty of arrest mayor.
ART. 497. The guardians who, before the judicial approval of his
accounts, should contract a marriage with or should give his consent
to his children or descendants contracting it with the pjer,.,i whose
wardship he should have or should have had, unless th..- father of the
latter should have duly authorized such marriage, shall he punished
with the penalties of prisi6n correctional in its medium :nd nmaxinimm
degree and a fine of from 325 to 3,250 pesetas.
ART. 498. The ecclesiastical or civil authority who shall perform a
marriage forbidden by law, or in regard to which there is anly iupedi-
ment which can not be removed by dispensation, shall I'e punished
with the penalty of suspension in its medium and maximum degrees
and a fine of from 625 to 6,250 pesetas.
If the impediment could be removed by dispensation the penalties
shall be those of banishment in its minimum degree anil a ine of from
325 to 3,250 pesetas.
ART. 499. In all the cases of this chapter the person who <.ontlracted
marriage by deceit shall be adjudged to endow, according to his means,
the woman who contracted the marriage in good faith.

TITLE XII.
CRIMES AGAINST LIBERTY AND SECURITY.
CHAITK'E I.
UNLAWFUL DETENTIONS;
ART. 500. Any private person who shall lock up or detain another.
or in any way deprive him of his lil, I t reserving the provision- of
article 502, shall be punished with the penalty ofl priwi ,Ialyor.








CHAPTER III.

THE ABANDONMENT OF CHILDREN.

ART. 506. He who shall abandon a child under 7 years of age shall
be punished with the penalties of arrest mayor and a fine of from 395
to 3,250 pesetas.
If on account of the circumstances of the abandonment the death
of a child is caused, the culprit shall be punished with the penalty of
prisiu'n correccional in its medium and maximum degrees.
If the child's life should have only been endangered, the punihment
shall also be that of prision correctional, but in its minimum and
medium degrees.
The provisions of the two foregoing paragraphs must be considered
without prejudice to the punishment of the deed as may be proper if
it should constitute a graver crime.
ART. 507. He who being intrusted with the rearing or education of
a minor should place him in charge of any public institution or of
another person, without the assent of the person who had confided said.
minor to him, or of the public authorities in his absence, shall be pun-
ished with a fine of from 325 to 3,250 pesetas.

CHAPTER IV.

PROVISION COMMON TO THE THREE PRECEDING CHAPTERS.

ART. 508. Hle who shall unlawfully detain another person or abduct
a child under the age of 7 years, and should not give an account of his
whereabouts, or should not give evidence of having set him free, shall
be punished with the penalty of cadena temporal in its maximum
degree to cadena, pwpetua.
He who shall abandon an infant under 7 years of age shall incur the
same penalty, if he does not give evidence that he abandoned the infant
without committing another crime.

CHAPTER V.

FORCIBLE ENTRY OF DWELLINGS.
ART. 509, Any private individual who shall enter another's dwelling
against the will of the tenant thereof shall be punished with arrest
mayor and a fine of from 325 to 3,250 pesetas.
If the deed were committed with violence or intimidation, the penal-
ties shall be prison correc'ial in its medium and maximum degrees
and a fine of from 325 to ;;, '..'. pesetas.
ART. 510. The provisions of the foregoing article are not applicable
to a person who enters another's dwelling in order to avoid a grave
injury to himself, to the tenants, or to a third person; nor to him who








If he does not disclose them the penalties shall be arrrt -..i ,,nyFi and
a fine of from 325 to 3,250 pesetas.
This provision is not applicable to husbands, parents, Lnuardian,, or
persons acting in their stead with regard to papers or letter, belonging
to their wives, children, or minors under their custody.
ART. 518. The manager, clerk, or servant who in such _apa.-ity
may be informed of his employer's secrets, and shall divulge them,
shall be punished with the penalties of arrest mayor and a tine of
from 325 to 3,250 pesetas.
ART. 519. The manager, employee, or laborer in a factory or other
industrial concern who, to the prejudice of the owner's intere-.t, shall
disclose the secrets of his industry, shall be punished with the penalties
of prisi& correctional in its minimum and medium degrees and a tine
of from 325 to 3,250 pesetas.

TITLE XIII.
CRIMES AGAINST PROPERTY.

CHAPTER I.

ROBBERY.
ART. 520. Those who, with intent of profiting thereby, shall take
possession of the personal property of another with violence or intim-
idation of the person or by employing force with regard to the personal
property, are guilty of the crime of robbery.
ART. 521. A person guilty of robbery with violence or intimidation
of the person shall be punished:
1. With the penalty of cadena perpetual to death if on account or
on the occasion of the robbery there results homicide.
2. With the penalty of cadena temporal in its medium degree to
cadena perpetua, if the robbery should be accompanied by violation
or mutilation caused purposely, or if on account or on the occasion of
the robbery any of the injuries punished in No. 1 of article 429 should
be inflicted, or should the robbed person be detained for ransom or for
more than one day.
3. With the penalty of cadena temporal if on the same account or
occasion some of the injuries punished in No. 2 of the article men-
tioned in the foregoing number should be inflicted.
4. With the penalty of presidio mayor in its medium degree to
cadena temporal in its minimum degree if the violence or intimidation
that should have attended the robbery were of a gravity manifestly
unnecessary for its execution; or if in the perpetration of the crime
injuries of the kind mentioned in Nos. 3 and 4 of said article 429
should have been inflicted by the delinquents upon persons not respon-
sible for the crime.








5. With the penalty of lesidio correctional to presidio mayor in
its medium degree in othf-lr ases.
ART. 522. If the .rinw.- r,-terred to in Nos. 3, 4, and 5 of the fore-
going article ahoul b; i- h-ee-n committed in an uninhabited place and
by a gang, or by j-tt.a.kiii,-" moving train, or by entering passenger
compartment.-, or hy -urpri-ing passengers in any manner whatsoever
within the car., the i nuplty shall be imposed on the culprits in the
maximum degri-e.
Upon the chief of the- .ang, if it should be wholly or partially
armed, there -hall i.: imp,.-,-d, in the same cases, the penalty next
higher.
ART. 5'23. A ga nL exi-t- it more than three armed malefactors unite
in the robbery.
The malefactor- pre ntt ..t the commission of a robbery in an unin-
habited place and hy a .,-. l -hall be punished as principals in any of
the outragurs ,omumitted 1i\ the gang if there is no evidence that they
endeavored to 're\ -llt th-lin.
The malef:a .tor v h.. Itl-itl, dlly travels with the gang shall be pre-
sumed to hb e bee-ii pir -int at all the attempts committed by it,
unles- their e It- plt1 i to t l.- ) contrary.
ART. .'-'. -heh- att,'urmt .inI frustrated crime of robbery, committed
with the riniu mentio,:n,,d ii No. 1 of article 521, shall be punished
with the pi-nalty if ..I./.... ..aporal in its maximum degree to cadena
perpllidt., unle,- th,- h...n,. idle committed should deserve a higher
penalty a.'i ortlin n tI the Is.i. isions of this code.
ART. ;i".". lie who in orhl-r to defraud another should force him by
violent:e ii initimindalian t. -Ign, execute, or deliver a public instru-
ment or ldocurnent -hall I.- punished as guilty of robbery with the
penalties rerwne tn ,-ly pFir-s-.ribed in this chapter.
ART. .5-';. Tboh e who -hiilild with arms rob an inhabited house or
public buildingg. ,r ,,i, m i- ii. ated to religious %,,.i -hil, shall be pun-
ished with th.- p.-nalty .t.tt ,.-eidio mayor in its medium degree to
io'aenai le-ip,,,.,' in it- liilinmum il. ,.,s if the value of the articles
should ex. i:-,d 1.-2,' p,--r-t :and the malefactors should have entered
the house ..r huildin, whi.rI the robbery was committed, or any of its
dependencie-. I1,v ine of th. allowing means:
1. By wrongful -nitry
2. By breaking tlhri ii.jh ; wall, .ilii.. or floor, or by f.,r. ir.l a
door or window.
3. By making i- t. f f.il-, keys, picklocks, or other similar instru-
ments.
4. By hreakii ,g Ip.-n .o.rsi, wardrobes, etc., coffers, or any other
kind of furniture. ..i Il-sk,.,t .r sealed objects, or by taking the same
away to be tbriken l. tris 1 I >open outside the place of robbery.
.. article 10, No. 23.







5. By making use of fictitious names or simulation of authority.
If the malefactors should not carry arms, and the extent of the rob.
bery should exceed 1,250 pesetas, the penalty next lower shall be
imposed.
The same rule shall be observed if the malefactors do .-arry arms
but the extent of the robbery does not exceed 1,250 pesetas.
If they do not carry arms, nor does the extent of the rohhery
exceed 1,250 pesetas, the penalty prescribed in the two preceding
paragraphs shall be imposed on the culprits in its minimum degree.
ART. 527. If the crimes referred to in the foregoing artic ler -hould
have been committed in an uninhabited place and by a gang, or if the
property robbed should have been articles dedicated to religionu- wor-
ship, the penalty shall be imposed on the culprits in it manixinium
degree.
ART. 528. Any lodging that shall constitute the dwelling place of
one or more persons shall be considered an inhabited hou..e, even
if they should be accidentally absent therefrom when the robbery
takes place.
As dependencies of an inhabited house or public building, or one
dedicated to religious worship, shall be considered: Its .Iourts. corrals,
shops, granaries, mows, stables, stalls, and other divisions or inclo-
sures contiguous to the building, having interior (omniunicution
therewith, so that the whole constitutes one entire place.
The orchards and other grounds destined to the cultivation and
productt of the soil shall not be included in the foregoing paragraph,
e'en if they are fenced in, adjoin the building and bare interior
communication therewith.
ART. 529. If the robbery referred to in article 526 should have hben
committed in a dependency of an inhabited house, public, building, or
one dedicated to religious worship, by means of the culprit- entering
the same by climbing an exterior wall, and should have heeni limited
to the taking of nutritious grains, products, or wood, andI the value
of the things robbed should not exceed 75 pesetas, thcrr -bhall be
imposed on the culprits the penalty of arresto mayor in it. medium
degree to prison cowreciowl in its minimum degree.
ART. 530. The robbery committed in an uninhabited place, or in a
building that is not one of those mentioned in the first paragraph of
article 526 if the value of the objects robbed should exceed 1,25'.,
pesetas, shall be punished with the penalty of presidio correcional in
its medium and maximum d,.gr>.---, provided that any of the following
circumstances be attendant:
1. Wrongful entry.
2. The breaking of walls, roofs, or floors, the forcing of outer doors
or windows.
3. Having made use of false keys, picklocks, or other similar instru-
ments to enter the place of th, r,..o.--r.








4. The forcing of doors, wardrobes, etc., coffers, or any other kind
of furniture, or locked or sealed objects.
5. The removal of the locked or sealed objects referred to in the
preceding paragraph, even though they be broken into outside the
place of thi: robbery.
If the vulue of the objects robbed does not exceed 1,250 pesetas,
the penalty next lower shall be imposed.
ART. 531. In the cases of the pi ..l. 1i_ t. 1.-, a robbery not involv-
ing a value of more than 75 pesetas shall be punished with arrest
mn.iai in its medium and maximum degrees.
If the things robbed were of those mentioned in article 529, the
penalty next lower shall be imposed.
ART. 532. The robbery referred to in articles 529, 530, and 531,
shall be punished with the penalty next higher if the culprit were
a recidivist two or more times.
ART. 533. He who shall have in his possession picklocks or other
tools specially designed to commit the crime of robbery, and shall not
give satisfactory explanation as to the manner he acquired or kept
them, shall be punished with the penalty of arrest mayor in its maxi-
mum degree to presidio corrmccional in its minimum degree.
The same penalty shall be incurred by those who manufacture said
tools. If they be locksmiths, the penalty of presidio correcoional in
its medium and maximum degrees shall be imposed.
ART. 534. The following are considered as false keys:
1. The tools referred to in the preceding article.
2. True keys stolen from the owner.
3. Any others not used by the owner in opening the lock the crimi-
nal may have tampered with.

CHAPTER II.

THEFT.

ART. 535. The following are guilty of theft:
1. Those who with intent of gain and without violence or intimida
tion against the person or force against things shall take another's
personal property without the owner's consent.
2. Those who finding something lost and, knowing who its owner is.
appropriate it with the intent of profit.
3. Those committing damage to property, who remove or utilize(
the result or the object of the damage so caused, except in the cases
provided for in Nos. 1, 2, and 3 of article 615: No. 1 of article (i18 and
articles 619, 621, and 626.
ART. 536. Those guilty of theft shall be punished:
1. With the penalty of presidio correcci;nal in its tiwdium and maxi
mum degrees, if the value of the stolen property should exceed 6,250
pesetas.






110

2. With the penalty of presidio correccional in its minimum and
medium degrees, should it not exceed 6,250 pesetas and be more than
1,250.
3. With arrest mayor in its medium degree to pv,.sid;/i conrr)cional
in its minimum degree, should it not exceed 1,250 peserts and be more
than 250 pesetas.
4. With arrest mayor to its fullest extent, should it be more than
25 but not exceed 250 pesetas.
5. With arrest mayor in its minimum and medium degrees, if it
should not exceed 25 pesetas, or even though it should exceed said
amount, if the theft is of nutritious grains, fruits, or wood, provided
it does not exceed 50 pesetas.
ART. 537. The following shall also be punished with the penalty of
arrest mayor in its minimum and medium degrees:
He who shall enter an inclosed estate or a place where trespass is
forbidden, to hunt or fish, employing violence or intimidation against
the person or force against things.
He who under the same conditions shall hunt or fish on an estate
or fields without the permission of the owner, employing means
forbidden by the ordinances.
If the circumstances mentioned in the two foregoing paragraphs
shall occur simultaneously, the culprit shall be punished with the
penalty of arrrsto mayor in its maximum degree.
ART. 538. The theft shall be punished with penalties next higher in
degree than those respectively prescribed in the two preceding
articles-
1. If the stolen objects were things dedicated to worship or if the
deed were committed during a religious ceremony or in an edifice
dedicated to the celebration thereof.
2. If the thief were a domestic or if the deed were committed
through a gross breach of trust.
3. If the culprit were a recidivist two or more times.

CHAPTER III.

APPROPRIATION OF SLAVES BELONGING TO OTHERS AND FLIGHT OF
SLAVES.

This chapter includes articles 539 to 544, which are not applicable,
slavery having been abolished in Cuba by the law of February 13,
1880, and "patronage" by the royal decree of October 7, 1886.

CHAPTER IV.

USURPATION.
ART. 545. Whosoever with violence or intimidation against persons
Shall occupy any real property or usurp a property right of another








shall imcur, in addition to the penalties which he may have incurred
for the violence committed by him, a fine of from 50 to 100 per cent'
of the profit he may have derived therefrom, never being less than
325 peseta-.
Should it not be possible to estimate said profit, a fine of from 325
to 3,5,*, pe.-etas shall be imposed.
A Hr. 546. Whosoever shall alter boundaries or landmarks of towns
or estates or any other marks intended to fix the limits of adjoining
estatee, shall be punished with a fine of from 50 to 100 per cent of the
profit he may have derived or might have been able to derive there-
from.
Should it be impossible to estimate said profit, a fine of from 325 to
3,'251 pesetas shall be imposed upon him.

CHAPTER V.

FRAUDS.

SECTION I.-Ahsconding and cri'i,,ned, ful, anr d insolvency.

ART. 547. He who shall abscond with his property for the purpose
of defrauding his creditors shall be punished with the penalty of
presidio mayor, if he were a merchant, and otherwise with that of
pr,;.,id; correccional in its maximum degree to presidio mayor in its
medium degree.
ART. 548. The bankrupt merchant who should be declared guilty of
fraudulent insolvency in accordance with the Code of Commerce, shall
be punished with the penalty of presidio correccional in its maximum
degree to presidio mayor in its medium degree.
ART. 549. The bankrupt merchant who should be declared guilty of
culpable insolvency through any of the causes mentioned in article
1005 of the Code of Commerce, shall incur the penalty of prisiod
correctional in its minimum and medium degrees.
Bankrupt merchants who should not have kept books of account in
the manner and with all the requisites prescribed in the second section
of Title II, Book I, of the Code of Commerce, if, owing to the defects
and omissions therein, prejudice should have resulted to a third per-
son, and those who should not have declared themselves in bankruptcy
within the period and in the manner prescribed in article 1017 of said
code, shall be punished with the penalty of arresto mayor.
ART. 550. In the cases of the two preceding articles, if the loss
occasioned to the creditors should not reach 10 per cent of the respec-
tive credits, the penalties next lower than those prescribed in said
articles shall be imposed upon the bankrupt.
If the loss should exceed 50 per cent, the penalties prescribed in
the said articles shall be imposed in their maximum degrees.
ART. 551. The penalties prescribed in the three Ii" :liini articles








are applicable to merchants, even if not registered, if they are habit-
'ually engaged in trade.
ART. 552. Those who shall commit any of the act. mentioned in
article 1010 of the Code of Commerce shall be puni-bsed as accom-
plices in the crime of fraudulent insolvency.
ART. 553. The bankrupt not a merchant whose insolvency should
be the result, in whole or in part, of any of the following aune.., shall
incur the penalty of arrest mayor in its maximum degree to l.hIr.di
correccional in its minimum degree:
1. To have had domestic personal expenses in exce-. .,f and out of
proportion to his means, considering the circumstance, of his rank
and family.
2. To have lost in any kind of games sums in excess of what an
orderly father of family should risk by way of recreation in that
sort of entertainment.
3. To have suffered losses in heavy betting, fictitious purchases
and sales, or in any other exchange transactions whose success depends
exclusively on chance.
4. To have disposed of goods at a notable loss whose purchase price
was still unpaid.
5. To delay in declaring his bankruptcy when his liabilities are
three times his assets.
ART. 554. The bankrupt, not a merchant, whose insolvency should
have resulted in whole or in part from any of the following acts, shall
incur the penalty of presidio correctional in its maximum degree to
presidio mayor in its minimum degree:
1. From having included fictitious expenses, losses, or debts, or
concealed properties or rights in the statement of liabilities, the report
of his assets, or the reports presented by him to the judicial authority.
2. From having appropriated or diverted properties belonging to
others which had been placed on deposit with him or given him on
commission or for his management.
3. From having simulated the alienation or any encumbrance of,
property, debts, or obligations.
4. From having acquired properties for a valuable consideration in
the name of another person.
5. From having anticipated, to the prejudice of creditors, payments
not due until a period after the declaration of bankruptcy.
6. From having diverted after the declaration of bankruptcy
securities belonging to the assets.
ART. 555. The provisions contained in article 550 are applicable to
the two preceding articles.
ART. 556. The following shall be punished as accomplices in the
crime of fraudulent insolvency committed by a debtor not engaged
in commerce who shall perform any of the following acts:








1. Enter into an understanding with the bankrupt who is not a
merchant in order to create a fictitious liability as against him, or to
increai ;e any liability of his, or to alter its character or date, for the
purpose of obtaining preference in fraud of the other creditors, even
though this should take place before the declaration of bankruptcy.
2. Assi.t the bankrupt who is not a merchant in the concealment or
conveyan, e of his property.
3. (.'onceal from the trustees of the bankrupt who is not a merchant
the existence of property belonging to him which was in the posses-
o.i.n of the % ulprit, or delivered to the bankrupt instead of to said
trustee.
4. Make private agreements with the bankrupt who is not a
merchant in fraud of other creditors.
ART. 557. The penalties prescribed in this chapter shall be imposed
in their maximum to their minimum degrees upon the bankrupt who
is or i- not i merchant who should not restore any deposit made with
him under -tress or necessity deposito 0 isi'able 6 necesario).

SECTION II.-Swindles and oth/rW fde preten~iS.

Anr. .5.% A person who shall defraud another in the substance,
quantity, or quality of things he may deliver to him by virtue of an
obligation -hall be punished:
1. With the penalty of ar'resto mayor in its minimum and medium
degrees, if the fraud should not exceed 250 pesetas in amount.
-. With that of arresto mayor in'its medium degree to presidio
a-t.i. '.. .,a in its minimum degree if it should exceed 250 pesetas
and not be more than 6,250 pesetas.
3. With that of presidio correccional in its minimum and medium
degree. if it -hould exceed 6,250 pesetas.
Anr. 55.. The following shall incur the penalties of the preceding
article:
1. H.- who shall defraud others by using a fictitious name, by
a-Iuming tictitious pow er, influence, or attributes, or by pretending
to p.....s imaginary property, credit, commission, enterprises, or
bu,ine-., or by using any other similar deceit that is not one of those
mentioned in the following cases.
2. The -ilversmiths and jewelers who shall commit a fraud by
alt-ring th.l quality, alloy, or weight of articles pertaining to their art
or tui ni'er.e.
3. The traders who shall defraud others by using short :W.1, .ll or
umea-ire-, ii. the sale of the objects of their traffic.
4. Tho-e who shall commit a fraud under the false pretext of
having had to pay an unlawful gratuity to public employees, without
prejudice t... the action for calumny ii.t:ihaiiing to the latter.
15.1--8








The p" i:iti':- shall be imposed in their maximum derlree. on the
persons mentioned in the three preceding numbers.
5. Those who, to the prejudice of another, shall appropriate or
misapply any money, goods, or any kind of personal property which
they may have received as a deposit on commission, administration,
or in any other character producing the obligation to deli\ -r or return
the same, or who shall deny having received it.
The penalties shall be imposed in their maximum degrees iu ca-o of
deposits made under stress or necessity.
6. Those who shall commit any fraud by taking advantage of
another's signature in blank and by means thereof filling up any
document to his prejudice, or that of a third person.
7. Those who shall commit fraud by causing another to subscribe a
document by the use of deceit.
8. Those who shall employ fraud in gambling in order to insure
winning.
9. Those who shall commit fraud by withdrawing, concealing, or
destroying, in whole or in part, any process, record, document, or any
other paper of any character whatsoever.
If the same crime should be committed without the intent to defraud,
a fine of from 325 to :; -'.." pesetas shall be imposed on the author.
ART. 560. The crimes referred to in the three preceding numbers
shall be punished with the penalty respectively higher by one degree,
if the culprits should be two or more times recidivists in the same or
a similar kind of crime.
ART. 561. He who, pretending to be the owner of real property,
should convey, rent, encumber, or pledge it, shall be punished with
the penalty of arrest mayor in its minimum and medium degrees, and
a fine of from an amount equal up to three times the amount of the
loss lie may have caused.
The same penalty shall be incurred by the person who shall dispose
of any property as free and clear knowing it to be encumbered.
ART. 562. The following shall incur the penalties prescribed in the
foregoing article:
1. The owner of any personal property who shall abstract it from
the person who has it legitimately in his possession to the prejudice of
the same or of a third person.
2. He who shall execute a fictitious contract to the prejudice of
another.
ART. 563. Those who shall commit any fraud with regard to literary
or industrial property shall also incur the penalties prescribed in
article 561.
ART. 564. A person who, by taking advantage of the inexperience
or passions.of a minor, should induce him to execute to his preju-
dice any obligation, discharge, or transfer of property rights, in
consideration of a loan of money, a credit, or other personal property,