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

MISSING IMAGE

Material Information

Title:
Translation of the penal code in force in Cuba and Porto Rico
Uniform Title:
Código penal (1879)
Portion of title:
Penal code in force in Cuba and Porto Rico
Physical Description:
175 pages :
Language:
English
Spanish
Creator:
Cuba
Spain
United States -- Division of Customs and Insular Affairs
Puerto Rico
Publisher:
G.P.O.
Place of Publication:
Washington
Publication Date:

Subjects

Subjects / Keywords:
Criminal law -- Cuba   ( lcsh )
Criminal law -- Puerto Rico   ( lcsh )
Derecho penal -- Cuba   ( bidex )
Derecho penal -- Puerto Rico   ( bidex )
Criminal law   ( fast )
Cuba   ( fast )
Puerto Rico   ( fast )
Genre:
legislation   ( marcgt )
federal government publication   ( marcgt )
non-fiction   ( marcgt )

Notes

Statement of Responsibility:
Division of Customs and Insular Affairs, War Department.
General Note:
Includes index.

Record Information

Source Institution:
Fordham and New York Law Institute
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
oclc - 654409157
ocn654409157
Classification:
lcc - KGJ962 .A48 1900
System ID:
AA00021568:00001

Table of Contents
    Front Matter
        Page i
        Page ii
    Title Page
        Page 1
        Page 2
    Table of Contents
        Page 3
        Page 4
        Page 5
        Page 6
    Royal decree
        Page 7
        Page 8
    Book I. General provisions regarding crimes and misdemeanors, the persons liable, and the penalties
        Page 9
        Page 10
        Page 11
        Page 12
        Page 13
        Page 14
        Page 15
        Page 16
        Page 17
        Page 18
        Page 19
        Page 20
        Page 21
        Page 22
        Page 23
        Page 24
        Page 25
        Page 26
        Page 27
        Page 28
        Page 29
        Page 30
        Page 31
        Page 32
        Page 33
        Page 34
        Page 35
        Page 36
        Page 37
        Page 38
    Book II. Crimes and their penalties
        Page 39
        Page 40
        Page 41
        Page 42
        Page 43
        Page 44
        Page 45
        Page 46
        Page 47
        Page 48
        Page 49
        Page 50
        Page 51
        Page 52
        Page 53
        Page 54
        Page 55
        Page 56
        Page 57
        Page 58
        Page 59
        Page 60
        Page 61
        Page 62
        Page 63
        Page 64
        Page 65
        Page 66
        Page 67
        Page 68
        Page 69
        Page 70
        Page 71
        Page 72
        Page 73
        Page 74
        Page 75
        Page 76
        Page 77
        Page 78
        Page 79
        Page 80
        Page 81
        Page 82
        Page 83
        Page 84
        Page 85
        Page 86
        Page 87
        Page 88
        Page 89
        Page 90
        Page 91
        Page 92
        Page 93
        Page 94
        Page 95
        Page 96
        Page 97
        Page 98
        Page 99
        Page 100
        Page 101
        Page 102
        Page 103
        Page 104
        Page 105
        Page 106
        Page 107
        Page 108
        Page 109
        Page 110
        Page 111
        Page 112
        Page 113
        Page 114
        Page 115
        Page 116
        Page 117
        Page 118
        Page 119
        Page 120
    Book III. Misdemeanors and their penalties
        Page 121
        Page 122
        Page 123
        Page 124
        Page 125
        Page 126
        Page 127
        Page 128
        Page 129
        Page 130
        Page 131
        Page 132
    Appendix
        Page 133
        Page 134
        Page 135
        Page 136
        Page 137
        Page 138
        Page 139
        Page 140
        Page 141
        Page 142
        Page 143
        Page 144
        Page 145
        Page 146
        Page 147
        Page 148
        Page 149
        Page 150
        Page 151
        Page 152
        Page 153
        Page 154
        Page 155
        Page 156
        Page 157
        Page 158
        Page 159
        Page 160
        Page 161
        Page 162
        Page 163
        Page 164
    Index
        Page 165
        Page 166
        Page 167
        Page 168
        Page 169
        Page 170
        Page 171
        Page 172
        Page 173
        Page 174
        Page 175
Full Text


















This volume was donated to LLMC
to enrich its on-line offerings and
for purposes of long-term preservation by

Fordham and New York Law Institute








TRANSLATION

















THE PENAL CODE






IN FORCE IN







CUBA AND PORTO RICO.









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









CLI 2-Y1WASHINGTON:
GOVERNMENT PRINTING OFFICE.
1900.









TRANSLATION

r




OF









THE PENAL CODE






IN FORCE IN







1 CUBA AND PORT RICO.









DIVISION OF CUSTOMS AND INSULAR AFFAIRS,
WAR DEPARTMENT.
,1111y, 1900.









WASHINGTON:
GOVERNMENT PRINTING OFFICE.
1 900.



















TABLE OF CONTENTS.

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

BOOK 1.-General provisions regarding crimes andmrisdemeanors, the persons liable, and the penalties.

TITLE 1.-Crimes and misdemeanors, circumstances which exempt from,
extenuate, or aggravate criminal lialbility--------------------------------- 9
Chapter 1. Crimes and misdemeanors---------------------------------- 9
Chapter IL. Circumstances which exempt from criminal liability ----------10
Chapter II1. Circumstances which extenuate criminal liability ------------12
Chapter TV. Circumstances which aggravate criminal liability -------------12
TITILE 1.-Persons liable for crimes and misdemeanors---------------------- 14
Chapter 1. Persons criminally liable for crimes and misdemeanors ----------14
Chapter 11. Persons civilly liable for crimes and misdemeanors ------------15
TITLE IlL.-Penalties------------------------------------------- --------- 16
Chapter 1. Penalties in general---------------------------------------- 16
Chapter 11. Classification of penalties------------------------ --------- 17
Chapter III. Duration and effect of penalties---------------------------18s
Section 1. Duration of penaltiesQ---------------------------------18
Section IT. Effects of penalties according to their respective natures- 19 Section III. Punishments which include other accessory Penialties -- 22
Chapter IV. The application of penalties ------------- ------- -----------23
Section 1. Rules for the application of penalties to principals in a
consummated crime, frustrated crime, andl attempt; and to accomiplices; and accessories thereto ------------------------------------ 23
Section 11. Rules for the application of penalties with regard to
extenuating and aggravating circumstances----------------------- 26
Section III. Provisions common to the two preceding sections ---------28
Chapter V. Execution of penalties and their fulfillment -------------------31
Section 1. General provisions---- --------------------------------- 31
Section II. Principal penalties ------------------------------------ 31
Section I1I. Accessory penalties -- --------------------------------- 34
TITLE TV-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 1. Penalties incurred by those who violate thcir sentence ---------35
Chapter 11. Penalties incurred by those wvho commit anlothier offense after
having, been condlemined by filial sentence, either before or while ser-ing it---------------- ----------------------- ------- ---------------- 37
TITLE VT-Extinction of penal liability- ------- ---------------------------37

BooK II.-C(rioex otod their pealtieR.

TrILE .-Crimes against the external security of the State --------------------39
Chapter 1. The crime of treason --- ----------------------------------- 39
Chapter 11. Crimes that endanger the peace or independence of the State. 40
3






4

TITLEF 1.-Crimes against the external security of tile Stat e-Continuted. Page.
Chapter 111. Crimes against international law--------- ----------------- 42
Chapter IV. Crimes of piracy----------------------------------------- 43
TIq'LEF 1.-Crimes against the constitution------------------------------ --- 43
Chapter I. Crimes of l ,se mnajest6, against the Cortes, thle Council of Ministers, and against the form of government ---------------------------43
Section 1. Crimes of 10ese 'najest6----------------------------- ----- 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 commni to tile three preceding sections --------47
Chapter IT1. Crines committed oil the occasion of the exercise of thle individual rights guaranteed by the con~stitutioln-------------------- ----- 47
Section I. Crimes committed by idividuals on the occasion (If thle
exercise of ind~ivi(IuaI rights guaraniteedl by the constitution ---------47
Section IT. Crimes coinnitted by public officials against the exercise
of individual rights guaranteed by the constitution -----------------50
Section 111. Crimes in violation of the constitutional provisions relating to religion and worship-------------------------------------- 56
Section IV. Provisions comnoi to the three preceding sections ---------58 Tiiaij 11.-Crimes against public order ----------------------------------- 58
Chapter I. Rebellion ------------------------------------------------ 58
Chapter I1. Sedition ------------------------------------------------ 60
Ch' apter 11I. Provisions common to the two preceding chapters -----------61
Chapter TV. Criminal attempts against the authorities and their agents,
resistance, and disobedience ------------- --------------------------- 62
Chapter V. Acts of disrespect, insults, acts of contumely antI threats
against authorities, and insults, acts of contunnely andl threats against
their agents and other public officials-------------------------------- 62
Chapter VI. Public disorders------------------------------- ---------- 63
Chapter VII. Provisions commonly to the three preceding chapters ----------64
TITLE IV.-Falsities and falsifications ------------------------------------- 65
Chapter I. Falsification of the royal signature or stamp, the signature of
muinisters, seals and marks ------------------------------- ---------- 65
Section I. Falsification of the royal signature or stamp and the signature of ministers --- ------------------------------------------- 65
Sectioni 1I. Falsification of seals and marks ------------------------- 65
Chapter 11. Counterfeitinlg of money.-- ---------_--------- ------------67
Chapter 111. 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 1. Falsification of official and commercial documents and telegraphic (dispatches --------------------------------------------- 69
Section IT. Falsification of private document s---_------------_------70
Section 111. Falsification of passports, cidnlos of residence, and certificates------------------------------------------------------ 70
Chapter V. Provisions applicablle to the four preceding chapters -----------71
Chapter VI. Fraudulent concealment (If property or industry, false testimony and false accusation aILd (denunciation----------------------. 72
Chapter VII. Usurpation of office, rank, and title, and improper use of
names, dress, insignia, and decorations ------------------------------ 74
TITmLE V.-Violation of laws relating to interments, violation of sepulchers
anl (offenses against the public health -------------------- --------------- 75
Chapter 1. Violation of laws relating to interments and the violation of
sepulchers;-- --------------------------------------------------- 7
Chapter II. Offenses against the public health ------------------------- 76








5

Pauge.
TITLE VI.-Gambling anl ratles ---- --- -- -------- ----- 7
TiTrmc VI.-Offenses committed by pubihc employees iii the discharge of their
office-------------------------------------------------------------- 7
Chapter 1. Dereliction of duty ------------------------- ----------- 7
Chapter 11. Faithlessness in the custoly of prisoners ---------------------79
Chapter 111. Faithlessness iii the custody of documents -------------------79
Chapter IV. Violation of secrets----------------------------------------80o
Chapter V'. IDisobedience and refusal oif cooperation ----------------------Mi
Chapter VtI. Anticipation, prolongation and abandonment of public
dltties ------------------------------------------------------------- 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. Frands and illegal exactions ------------------------------ 86
Chapter XII. Transactions forbidden public employees -------------------87
Chapter XIII. General provisions ------------------------------------- 87
TITLE VIII.-Crin-es against persons -------------------------------------- 87
Chapter 1. Parricide------------------------------------------------ 87
Chapter 11. Assassination---------------------------------------------8S7
Chapter TITI. Homicide----------------------------------------------- 88
Chapter JV. Provisions common to the three preceding chapters -----------9
Chapter V. Infanticide----------------------------------------------- 89
Chapter VL. Abortion------------------------------------------------ 89
Chapter VII. Personal injuries inflicted by violence (lecaioorx) -------------90
Chapter VIII. General provisions------------------------------------- 92
Chapter IX. Dueling ------------------------------------------------ 92
TITLE IX.-Crimes against chastity---------------------------------------- 94
Chapter I. Adultery ------------------------------------------------- 94
Chapter 11. Rape (violaci(o) and abuse of chastity----------------------- 95
Chapter I1I. Crimes of public scandal --------------------------------- 95
Chapter IV. Seduction and corruption of minors -------------------------96
Chapter V. Abduction (rato) ---------------------------------------- 97
Chapter VI. IProvisions common to the preceding chapters ----------------97
TITLE X.-Crimnes against honor ------------------------------------------ 98
Chapter L Calumny ------------------------------------------------- 98
Chapter 11. Contumely----------------------------------------------- 99
Chapter 111. 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 I1. Celebration of illegal marriages ---------------------------- 101
rFLTLE XII.-Crimies against liberty and security ---------------------------- 102
Chapter 1. Unlawful detentions--------------------------------------- 102
Chapter I1. 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 dwelling---------------------- ----------104
Chapter VI. Threats and acts of compulsion --------------------------- 105
Chapter VII. Discovery and revelation of secrets ----------------------- 105
TITLE XIII.-Crimes against property------------------------------------- 106
Chapter 1. Robbery ------------------------------------------------- 106
Chapter HI. Theft --------------------------------------------------109g







6

Trn.i XIII.-Crimes against property-Continued. Page.
Chapter 111. Appropriation of slaves belonging to others andI flight of
slaves ---------------------------------------------------------- 110
Chapter IV. Usurpation --------------------------------------------- 110
Chapter V. Frauds-------------------------------------------------11II
Section I. Absconding and criminal failure and insolvency --- ---------11
Section 11. Swindles and other false pretenses ---------------------- 113
Chapter VI. Plots to alter the prices of things ------------ ------------- 115
Chapter VII. Pawnbroking establishments----------------------------- 115
Chapter VII1. Arson and other malicious destruction of property ---------116 Chapter IX. Damage to property -------------------------------------1418
Chapter X. General provisions --------------------------------------- 119
TITLE XI.-Reckless negligence ------------------------------------------ 119

BOOK 111.-llisdemeonors ond theirpjenolties.

TITLE I. Misdemeanors against public order-------------------------------- 121
TITLE II. Misdemeanors against public interests and the government of towns 122 TITLE III. Misdemeanors against the person ------------------------------- 125
TITLE IV. Misdemeanors against property --------------------- ----------- 127
TITLE V. Provisions common to all misdemneanor--------------------------- 130
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, April10, 1900----------------------------------------- 139
165, April 19,1900----------------------------------------- 139
217, May 28,1900 ------------------------------------------ 140
239, Junel12,1900 ------------------------------------------ 142
headquarters Department of Porte 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, Marchl12,1900--------------------------------- 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 authority 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 published and go into effect from the date of its publication in the territory 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 Government shall inforin 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.
A LFONSO.
SALVA1OR DE ALBACETE,
Colonial &6cretetry.
7



















PENAL CODE.


BOOK 1.

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

TILE 1.

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

CHA1'TElt 1.

CRIMES AND1 MISD)EMEANORS.
ART. 1. Crime- 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 corunlitting a crime o i misdemeanor shall incur criminal liability, even though the wrongful act committed he different from that which hie 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 Goverment 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, stating 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 cimne is frustrated when the guilty person performs all of the acts of execution which should produce the crime as their consequlence, but nevertheless do not constitute it by reason of causes independent of the will of the perpetrator.






10

There is an attempt when the guilty person makes a beginning in the commission of a crime directly by overt acts, and does not perform 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 punishable 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 commiit 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 any 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 light penalties.
ART. 7. Crimes which are punished by special laws are not subject to the provisions of this code.

CHAPTER I I

CIRCUMSTANCES WHICH EXEMPT FROM CRIMINAL LIABILITY.

ART. 8. The following are miot delinquent and are therefore exempt from criminal liability:
1. An imbecile or lunatic, except when thie latter lias acted (hiring, 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 111 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 circunistances, 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 1.5, unless he has acted with the exercise of judgment.







11

The court shall inake 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. Ile who acts in defense of his person or rights, provided there are the following attendant circumstances:
(1) Illegal aggression.
(2) Reasonable necessity of the ineanis employed to prevent or repel it.
(3) Lack of sufficient provocation on the part of the person defending himself.
5. Ile who acts in defense of the person or rights 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 f oregoing 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 at 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.







12

11. He who acts under the unipulse 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 legitimnate or insuperable causes.

CHAPTER 111.

CIRCUMSTANCES WHICH EXTENUATE CRIMINAL LIABILITY.

ART. 9). The following are extenuating circumstances:
A. 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 commlitted1 against the author of the crime, his spouse. ascendants, descendants, his legitimate, natural, or adopted brothers or sisters, or relatives by affinity in the same degrees.
63. When the act was committed in a state of intoxication, if the latter were not habitual or subsequent to the plan to commit the crme.
The courts shall decide in view of the circumstances of the persons and of the acts when intoxication is to be considered habitual.
T. 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 A(GGRAVATE CRIMINAL LIABILITY.
ART. 10. The following are aggravating cirellmustances:
L. When the injured person is the spouse or ascendant, descendant, legitimate, natural, or adopted brother or sister, or- relative by affinity iu 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 persons employing means, methods, or forms in the execution thereof which tend to directly and specially insure it without risk to the person of the criminal arising from the defense the injured party might make.
4. When the crime is committed in consideration of a price, reward, or promise.
5. When it is committed by means of inundation, fire, poison, explosionstraiiding of a, vessel or intentional damage, derailment of a locomotive, 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. Whet) the evil accomplished by the critne is deliberately fhereased bY causing other evils unnecessary 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, shipwreck, or other calamity or misfortune.
15. When the crime is committed with the assistance of armed persons, 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 bv 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.






14

20. When the crime is committed in a sacred place, in the palace of the Governor-General, or ini 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 bv courts according to the nature and characteristics of the crime.
23. When the act is committed by wrongfuli entry.
Wrongful entry is such as is effected through any way not intended for the purpose.
24. When it is commlittedi ly lbreaking, through a wall, roof, or door, or by forcing doors or windows.
25. When the culprit is a'vagrant.
By a vagrant is understood a person who ipossesses no property ofincome, does not habituall '- 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 11.

PERSONS LIABLE FOR CRIMES AND MISDEMEANORS.

CHAPTER I.

PERSONS CRIMINALLY LIABLE FOR CRIMES ANI) MISDEMEANORS.

ART. 11. The following are crimninally liable for crimes:
1. Principals.
2. Accomplices.
3. Accessories.
The following are criniinally liable for- misdemeanors:
1L Principals.
2. Accomplices.
ART. 12.' The following are considered lprinlcipals:
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 DIvisiu (if Cuba, June 1, 1899, page 135.






15

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 commission 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 instruMents of the crime in order to prevent its discovery.
3. By harboring, concealing, or assisting in the escape of the culprit, provided any of the following circumstances are attendant:
(1) When the accessory takes adIvantage of any public office he may be holding.
(2) When the delinquent is gatilfy 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. 1,5. Those who are accessories of their spouses, ascendants, descendants, legitimate, natural, or adopted brothers or sisters, or relatives 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 ibe included in No. 1 of the preceding article.

CHAPTER 1II.

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 liability, 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 juidgmlenit, are those who have them under their authority, legal guardianship, 0or power, unless they prove that there was no blame or negligence on their part.
Should there be no person having them under his authority, legal guardianship, or power, or if such person be insolvent, the said lunatics, imbeciles, or minors shall answer with their own property, excepting that part which is exempted for their support in accordance with the civil law.






16

(2) In the case of No. 7, those persons are civilly liable from whom the injury was warded off in proportion to the lbenctit they may have derived.
The court shall fix, according to its judgment, the proportional amount for which each interested party shall be liable.
When the respective amounts can not be equitably apportioned, even approximately, or when the liability extends to the State or the greater part of a town, and in any case, if the damage were caused with the, assent of the authorities or their agents, indemnity shall be niade in the manner prescribed by special laws and regulations.
(3) In the case of No. 11, those who caused the fear shall be principally liable, and subsidiarily, in the absence of the former, those who committed the act, reserving with regard to the latter the benefit of competency.
ART. 18. Innkeepers, tavern keepers, andl anY other persons or enterprises shall be civilly liable, in thie absence of persons criminally so, for crimes committed within their establishments, whenever any' infraction of general or special police regulations by them or their employees mnay have occurred.
Innkeepers are furthermore subsidiarily liable for the restitution of effects robbed or stolen within their houses fromt persons who are stopping therein, or for the indemnification of said goods, provided the persons have notified in advance either the innkeeper himself, or the person representing him, of the deposit of said effects in the inn; and provided furthermore, that they have heeded the warnings that said innkeepers or their substitutes may have given them with regard to the care and vigilance of their effects. There shall be no liability in case of robbery by violence or intimidation of persons, ceept it lie committed by the employees of the inn.
ART. 19. The sub~sidiary liability established in the preceding article shall also apply to masters, teachers, persons, and enterprises engaged in any kind of industry, for crimes and misdemeanors committed by their slaves, pupils, officers, apprentices, or employees in the discharge of their obligations or service.

TITLE 111.

PENALTIES.
CHAPTER 1.

PENALIES IN GENERAL.

ARmT. 20. No crime or misdemeanor shall be punished by a penalty which was not established by law prior to its commission.
ART. 21. Penal laws shall have a retroactive effect in so far ats they favor the person guilty of a crime or misdemeanor, eyen though at





17

the time of the publication of said laws a final sentence should have been pronounced and the convicted person is serving his sentence.
ART. 22. The pardon of the offended 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 proceedings, or in order to institute them.
3. Fines and other corrections which, in the use of their administrative or disciplinary powers, superiors may impose upon their subordinates or upon those under their direction.
4. Deprivation of rights and reparations, which the civil laws may establish in penal form.
CHAPTER 11.
CLASSIFICATION OF PENALTIES.

AaRT. 24.' The penalties which may be imposed according to this code, and their different classes, are those included in the following general scale:
Corporal penalties.--Death; caden a perpetua; reclusion perpetual ; relegacion perpetur; perpetual expulsion; cadena temporal; reclusion tempqoral; relegacidn temporal; temporary expulsion; pjres1dio mnayor; pi', s;in mayor; con)flamiento; 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 disqualification from a public office, the right of suffrage, both active and passive, and from the exercise of a profession or trade.
Correctional penalties.-Presidio correccional; prisihn correccion al;
banishment; public censure; suspension from public office, active and passive right of suffrage, and from the exercise of a profession or trade; arresto mayor.
Light penalties.u-Arresto menor; private censure.
Penalties common to the three preceding 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 ID)ivision 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 :125 pesetas.
AR'T. 26. The penalties of disqualification and suspension from public 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 proceedings are understood to be imposed by law upon those criminally liable for any crime or misdemeanor.

CHAPTER II.

)URATION AND EFFECT OF PENALTIES.
SECTION I.--Daration ofpenaltzc,.
ART. 27. Persons condensed to cadeva, rcboion, and releacin perqj)tas, or to perpetual expulsion, shall be pardoned after having served thirty years of their sentence, unless on account of their conduct or for other serious reasons they shall not be worthy of pardon in the opinion of the Government.
The penalties of cadena, mciasidn, and rih-cyacin finporal"s, and temporary expulsion, shall last for twelve years and one day to twenty years.
Those of _presidio and prt i~n mayorcs8 and confinamienlo 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 (lay to twelve years.
Those of prvidio correctional and prison 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 arresto mayor shall last from one month and one day to six months.
That of arresto mcnor shall last from one to thirty days.
That of caution shall last for the time the court may determine.
ART. 28. 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 condemnatorv sentence was made final.
When the guilty person may not be imprisoned, the duration of penalties 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, confnawiento, and banishment shall commence only from the day on which the guilty person commenced to serve his sentence.






19

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 IJ.-tljeotS (f PeWialticN accord)hnq to their respective n-ature.
ART. 30. The penalty 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 employments and offices which he may be holding, even though the latter conic from popular election.
2. The deprivation of the rights to vote and to be elected to public offices of popular election.
3. The disqualification to acquire the honors, offices, employments anti rights Intionedl.
4. The loss of all right to retirement with pay, suspension with part pay, or any other pension for offices 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.
ART. 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 enjoying, and of all public employment and offices which he may be holding, although the latter be filled by popular election.
2. The deprivation of the right of voting and being elected to pub)lic office by popular election during the term of the sentence.
3. The disqualification of acquiring the honors, employments, offices, and rights mentioned in No. 1, likewise during the term of the sentence.
ART. 32. Perpetual special disqualification from public office shall produce the following effects:
1. The loss of the office or employment which it affects, and of the honors attached thereto.
2. Disqualification to acquire other similar ones.
ART. 33. Perpetual special disqualification f rom 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 office or employment which it affects, as well as the honors attached thereto.
2. Disqunalification to acquire other similar offices or employmients during the term of the sentence.






20

ART. 35. Temporary special disqualification from the right of suffrage 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.
AwT. 37. Suspension from the right of suffrage shall likewise disqualify the person for the exercise thereof during the term of the sentence.
ART. 38. When anl 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 salary3 to which hie 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 sanie.
Temporary disqualification therefor shall deprive him ill the same manner during the terni 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 propert 'y, participation in the family council, niarital authority, the administration of property, and the right to dispose of his own property by acts inttr r-ivos. '[hose cases are excepted in which the law explicitly limits its effects.
ART. 42. Subjection to the surv-eillance 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 hie 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.
ART. 43. The penalty of caution shall oblige the pecrsonl punished to secure a sufficient bondsman, who shall guarantee that said perso will not commit the injury which it is endeavored to prevent, otherwise binding himself to pay the sumn which the court may have fixed in the sentence.






21

The, court shall fix the term of the bond in its dizeretion.
If the person punished should not furnish bond, lie 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, unles's said rehabilitation 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 inay 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.
Should 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 subsidiary personal liability at the rate of one day for every 121 pesetas, according to the following 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 eontinue 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





22

for a term which can not exceed six months in any case, should he have been prosecuted for a crime, or fifteen days should lie have been prosecuted 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 correcc'ional.
ARiT. 51. The personal liability which the criminal mnay have incurred by reason of insolvency shall not exempt him 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 IJJ. -Paishments 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 disqualification 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 cadenayeip7etua shall include the following accessory penalties:
1. Degradation, in case the principal penalty of cadena perpetua 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 permanent 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 penalty, he shall suffer that of perpetual absolute disqualification and subjection to the surveillance of the authorities during his life, unless this accessory penalty has been remitted in the pardon of the pinIcipal one.
ART. .54. The penalties .of reclasi()'n _pe-tpetua, relegaoe6? _perpetua, and perpetual expulsion shall include that of perpetual absolute disqualification 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 cadema temporal shall include the following accessory penalties:
1. Civil interdiction of the person punished during the term of the sentence.
2. Perpetual absolute disqualification.





23

3. Subjection to the surveillance of the authorities during the life of the person punished.
ART. 56. The penalty of presVdio mayor shall include those of absolute 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 corrcccional shall include suspension from any public office, profession, trade, or from the right of suffrage.
ART. 58. The penalties of reelusin temporal, rdlegacicn temporal, and temporary expulsion shall include temporary absolute disqualification 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 conXnamiento shall include that of temporary 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 _prisin mayor and prisiin eorr(1 (,/oYal and arresto 9nayor 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 instruments 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 person punished, or shall be rendered useless if they are illicit.

CHAPTER IV.
THE APPLICATION OF PENALTIES.
SECTION 6.-Rul&s for tkc apljca boo oj j)enities to principals in a

eon summate(I crime, frustrated cri'ne, anm attempt, and to aecomplces
and accessories th'reto.
ART. 62. Upon the principals in a crime or misdemeanor the penalty 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.






24

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 imposed on him, also ini 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, i which case that corresponding to the attempt or frustrated crime shall be imposed in its maximum degree.
ART. 64. Upon the principals in a f rustrated crime shall be imposed the penalty next lower in degree than that prescribed by the law for the consummated crime.
'[he same rule shall be observed regarding the principals i frustrated misdemeanors.
ART. 65. Upon the principals in an attempt to commit a crime shall be imposed a penalty lower by two degrees thani that prlescribed 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 lowel- by two degrees than that prescribed by law for the consummated crime.
ARiT. 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.
AliT. 69. Upon the accessories in afrustrated crimeshall be imposed the penalty lower by two degrees than that prescribed by law for the frustrated crime.
ART. 70J. 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 prescribed by law for the attempt to commit the crime.
ART. 72. There are excepted from the provisions of articles 67, 69, and 71 the accon i prices mentioned in No. 3 of article 14, in whose






25

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 (eneubrha icnto) are specially penalized by law.
ART. 74. In order to graduate the penalties which, in accordance with the provisions of articles 64 to 72, i elusive, 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 indivisible 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 miniInUm degrees 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 various degrees, corresponding to several divisible 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 immediate, which will be taken from the penalty imposed, if it should have any, and otherwise from the penalty following in number in the respective graduated 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 correspo tiding to principals, accomplices, and accessories in a frustrated crime and inan attempt to commit a crime.
ART. 75. When the penalty prescribed by law for it crime should have been included in two scales, the graduation prescribed in the preceding 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 contained.






26
Demonstrative table of the provisions of this chapter.

lrtnPenalty pertain- Penalty pertaining
ing to the prin- to the principal Penalty pertaincipal in a frus- in an attempt at ing toan acces Penalty pertainPenalty prescribed trated crime consummated sory in a frus- ing to an aceesfor the crime, and the accoi crime, accessory trated crime sory in a attempt lice in a con- in thesame crime, aind accom- to commit a sul m M a te and accomplices plices in at- crime.
crime. in a frustrated tempt.
eriime.

First case, death .... Cadenat perpetu t.. Cadena temporal .... Presidio mayor.... Presidio correccional.
Second case, eadtna Cadent temporal. Presidio mayor ...... Presidio correccio- Ar.lresto mayor.
p rpWtua to death. nal.
Third ease, cadeto Presidio mayor in Presidio correccio- Arresto mayor in Fine and arreslo tewmporal in its its maximum nal in its maxi- its maximum mayor in its maximum degree degree to a- mum degree to degree to pre- minimum and to death. de t t temtporal presidio mayor in I sidio correccio- medium degrees.
in its medium its medium de- nalin its medidegree. gree. Um degree.
Fourth case, pre- Presidio correc- Arresto mayor in Fine an arresto Fine. silio mayor in its cional in its its maximm de mayor in its maximum degree maximum de- gree to presidio minimum and to cadena tempo- gree to presidio correeeional in its min edi um deral in its medium mayor in its me- medium degree. grees. degree. dium degree

SECTION II.-Ru les for the application of enalties wit regard to
extenuating and aggravating circumstances.
ART. 76. Extenuating or aggravating circumstances shall be taken into consideration in reducing 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 effect be produced by aggravating circumstances that are inherent in such manner to the crime that without the attendance thereof the crime could not be committed.
ART. 78. The aggravating 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, accomplices, 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 aggravate 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 aggravating 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 aggravating circumstance alone should have attended the deed, the higher penalty shall be applied.






27

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 therefor, with regard to their number or importance, in applying the penalty in accordance with the foregoing rules, according to the result produced 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 aggravating 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 aggravating 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 it reasonable allowance in the designation of the penalty by counterbalancing the weight of the one and the other.
5. If two or more very marked extenuating circumstances and no aggravating circumstance should have attended the act the court shall impose the penalty next lower to that prescribed by the law, in the degreethatit considers proper, according to the Dumber and importance of such circumstances.
6. Whatever may be the Dumber and importance of the aggravating 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 contained in the foregoing 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 consideration, in order to determine their amount in each case, not only






28

the aggravating and extenuating circumstances of the act. but 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.
ART. 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, provided 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 Il. -P-- rovi, isol.s coTno to tMe two j)reecdua/ 'ecton.
ART. 8;. Upon a person guilty of two or more crimes or nisdemeanors 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 following rules shall be observed with regard thereto:
1. In the imposition of the penalties, the order of their respective severity shall be 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, (adefla j), /) t1o, cadMI~t toinpoial, recluicn j,( ipctua, relus~i6 t&i-nj)oral, JsICAdio mayor, J)isi8on mayor, presidede' (o'rrvtonal, eorin coreceiodal, -r, to mayor, Yel cgaci6n peqp'tua, relegaci6n tentporal, perpetual expulsion, temporary expulsion, coonamien to, banishment.
2. Notwithstanding 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





29

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 Ill 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 atrrto 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 arrest mnayor.
The courts shall bear in mind, in making application of a lower or higher penalty, the following graduated scales:
Scale Vo. 1.-(1) Death, (2) eadetta peipctoa, (3) ca/ena temnporal,
(4) presidio mayor, (5) presidio correceu'onal, (6) arreto.
Scale No. 2- (1) Death, (2) reclusain perpetna, (3) reclmlian temporal, (4) pri(n ,mayor, (5) prisidnv eorreeclonal, (6) arresto.
Scale No. 3.---(1) Ielegac)4v perpetua, (2) relegaci5n temooral, (3) c1finamievto, (4) banishment, (5) public censure, (6) caution.
Scale X). 4.-(1) Perpetual expulsion, (2) temporary expulsion, (3) covffnanienlo, (4) banishment, (5) public censure, (6) caution.
Scale No. 5.-(1) Perpetual absolute disqualification, (2) temporary absolute disqualification, (3) suspension from public office, right of suffrage, active and passive, profession or trade.
Scale No. 6. (1) Perpetual special disqualification, (2) temporary special disqualification, or (3) suspension from public office, right of suffrage, active and passive, profession and trade.
ART. 91. The fine shall be considered as the last penalty in every one of the preceding graduated scales.
If it should be imposed in this character, the subsidiary liability corresponding thereto by reason of the insolvency of the culprit, established in article 49, can not exceed the duration of the term pertaining to the penalty immediately higher in the respective scale.






30

ART. 92. In cases to which the law prescribes a penalty higher than another determined penalty, without specifically designating what it may be, if there should be no higher penalty in the respective scale, or if the former should be that of death, the following shall be considered as penalties immediately higher:
1. If the penalty determined were that of cadena or reclusidn perpetua, or perpetual, absolute, or special disqualification, the same penalties, 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 relegacidn perpetaa, the penalty of reclusidn perpetua.
3. If it should be that of perpetual expulsion, the next higher penalty shall be that of releacin perpetia.
AnT. 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 operation 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 punishes with the penalties of cadena perpetca or cadena temporal, or with those of presidio mayor or presidio correctional, there shall be respectively imposed upon them those of r(clwusidnpepetua or reclusidn temporal, prisidn n~nayor or prisidn correctional.
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 manner shown in the following:
Table showing the duration of dirisible penalties and the time which each one of their degrees embraces.
Timeincludedby Time included in Time included in Time included in
Penalties, the penalty in its minimum its medium de- itsmaximumdeits entirety, degree. gree. gree.
Temporary cadena, From 12yearsand From 12 years and From 14 years, 8 From 17 years, 4 reclusi6n, relega- 1 day to 20 years. 1 day to 14 years I months, and I months, and 1 cibn, expulsion, and 8 months, day, to 17 years day to 20 years.
and 4 months.
Presidio and prisi~n From 6 years andl From 6 years and From 8 years and I From 10 years aind mayor, confinali- I day to 12 years. I day to 8 years. day to 10 years. I day to 12 years. ento, temporary,
absolute, or special, disqualification.
Presidio and prisid6n From 6 months From 6 months From 2 years, 4 From 4 years, 2 correctional, and and 1 day to 6 and 1 day to 2 months, and 1 months, and 1 banishment. years. years and 4 day, to 4 years day to 6 years.
months, and 2 months.
Suspension......... From 1 month From 1 month From 2 years and I From 4 years and
and 1 day to 6 and 1 day to 2 day to 4 years. 1 (lay to 6 years.
years. years.
Arresto mayor ..... From 1 month From 1 to 2 From 2 months and From 4 months
and 1 day to 6 nmOnths. I dayto4 Imonths. and 1 d(lay to 6
months. months.
Arresto menor ....... From 1 to 30 days. From 1 to 10 days. From 11 to 20 days..' Fron 21 to 30 days.






31

ART. 96. Tn cases in which the law prescribes a penalty composed of three distinct penalties, each one shall form a degree; the lightest of them the ininimuni, the next the iiiedium, and the most severe the maximum degree.
Whenever the penalty prescribed does not have one of the forms specially provided for in this book, the degrees shall be distributed by applying by analogy the rules fixed.

CHAPTER V.

EXECUTION OF PENALTIES AND THEIR FULFILLMENT.
SECTION
ART. 97. No penalty shall be executed unless by virtue of final sentence.
ART. 98. -Nor shall any penalty be executed in any other form than that prescribed by law, or with any other circumstances or incidents than those mentioned in its text.
Besides the provisions of the law, the prescriptions of the special regulations for the management of the institutions in which the penalties are to be undergone shall also be observed with regard to the character, time, and other circumstances of the labors, the relations of the convicts among themselves and with other persons, the relief they may receive, and their diet.
The regulations shall provide for the separation of the sexes in different institutions, or at least in different departments.
ART. 99. If a delinquent should become insane or an imbecile after final sentence should have been pronounced upon him, the execution thereof shall be suspended onl v with regard to the personal penalty v, the provisions of the second and third paragraphs of No. I of article
8 being, observed in the respective cases.
At any time when the delinquent shall recover his reason he shall complete his sentence, unless the penalty should have prescribed in accordance with the provisions of this code.
The proper provisions of this section shall also be observed if the insanity or imbecility should occur while the convict is undergoing his sentence.
SECTION
ART. .100. The penalty of death shall be excited by the garrote upon a scaffold.
The execution shall take place twenty-four hours after the notification of sentence, by day, in public, and in the place generally set aside for the purpose, or in the one the court may determine, when there are especial reasons therefor.
This penalty shall not be carried out upon religious or national holidays.





32

ART. 101. Until there shall be a place provided in the jails for the public execution of the death penalty, the person sentenced thereto, who shall be dressed in a black cassock, shall be taken to the scaffold 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 buried; being delivered to his relatives or friends for this purpose if they 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 pregnant; nor shall she be notified of the sentence that has been imposed upon her until forty days after her delivery.
ART. 104. The penalties of cadena _perpetua and cadena tempyjoral shall be served in any of the places provided for such purpose, to the exclusion of the islands of Cuba and Porto Rico.
AnT. 105. Those sentenced to cadena teq)oral or cadena peryp 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 institution, it shall so declare in the sentence.
ART. 106. Those sentenced to cadena tem )oral or ART. 107. A person condemned to cadena temzporal or cadena perpetua 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 presidio mayor.
If he should attain said age while undergoing his sentence, he shall be transferred to the latter penal institution, in which he shall remain for the time prescribed in the sentence.
ART. 108. Reclusi,,d&.erpetua and reclusiin temporal 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 relegaci6n peipetua and relegac;4n tem.poral shall be served without the islands of Cuba and Porto Rico, at the places provided therefor by the Government.
Those undergoing 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.






33

ART. 110. A person sentenced to expulsion shall lbe expelled from Spanish territory forever, if the sentence were perpetual, and for the term of the sentence if temporary.
AiRr. 111. The penalties of _presidio shall be served in the institutions provided therefor, which are situated, those for pZresidi?.o mayor within the islands of Cuba and Porto Rico and adjacent islands, and for prsdocorrecewonal within the islands of Cuba and Porto Rico respectively.
Those sentenced to presidio shall he subject to forced labor within the institution in which they are serving their sentence.
ART. 112. The product of the labor of those condemned to presidio shall -be devoted.
1. To meet the civil liabilities of the prisoners arising from their crimes.
2. To indemnify the institution for the expenses they may occasion.
3. To provide them with somec advantage or savings during their detention, should they deserve it, and to create a reserve fund, to be delivered to them upon their discharge from the _presidio, or to their heirs should they die there.
ART. 113. The penalties of p'iinshall be served at the institutions provided for this purpose, which will be situated, those for pi no(n mayor within the islands of Cuba and Porto Rico and adjacent islands, and those for prisi4n eopreeeional within the territorial jurisdiction of the audiencia (court) which imposed the sentence.
Those condemned to riinshall not go outside of the institution in which they are undergoing their punishment, during the term of their sentence, and shall engage, for their own benefit, in such works as they may choose, provided they be compatible with the discipline established by the regulations. They shall be, nevertheless, subject to the labors of the institution until they shall have met their liabilities mentioned in Nos. 1 and 2 of the preceding article. Those having no trade or known and honest means of livelihood shall be also subject thereto.
ART. 114. Those sentenced to eonftiwmiento shall be taken to a town or district situated in the adjacent islands, where tI. y shall remain at complete liberty, under the surveillance of the authorities.
The courts, in designatingg the place where this penalty is to be served, shall take into consideration the trade, profession, or means of livelihood of the condemned person, in order that he may earn his living.
Those who, by reason of their age, health, and good conduct, should be tit for military service, may be, with their consent, assigned thereto by the Govertnment.
See General Order No. 152, Headquarters Department of Porto Rico, September 29, 1899, p). 147.
1571--3






34

Those sentenced to banishment shall be precluded from entering the place or places designated in the sentence or within the radius 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. Arrento n?.ayor shall be served in the public building provided 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. Arreslo menr shall )e 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 (colonos), 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. -Accex sur,/Jw,) aiu. .

ART. 118. A person sentenced to degradation shall, at a public sitting 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 presiding judge, who shall order it, in the following manner: "Strip (t/te namc qf tie person &ntenced) 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. 11). The civil liability established in Chapter ii, Title 11, of this book includes: (1) Restitution, (2) reparation for the damage caused, (3) indemnification for losses, (4) enforced man unission.
ART. 120. The restitution of the thing itself must be made, if possible, 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 possession of a third person who had acquired it in a legal manner, reserving, 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 established 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.
AliT. t22. Indemnification for losses shall include not onlyN 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.
ART. 123. The obligation to make restitution, to repair the damages 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.
Airr. 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 subsidiarily 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 liability, the right of action is reserve 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.
CIIAvER I.
PENALTIES INCURRED BY THOSE WHO VIOLATE THEIR SENTENCE.
ART. 127. Persons serving a sentence who should violate it,,shall suffer an aggravation of their punishments, subject to the provisions of the following rules:
1. Those sentenced to cadcna or n elusidn shall complete their respective terms, and be made to suffer, during a space of time not exceeding three years, the greatest deprivations authorized by the regulations, 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 aggravation 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 rd (acwn or expulsion shall t)e condemned to j)risidn correccional for a period not to exceed three -ears, which must be served, in case of those sentenced to rele/flc?(mJ, at the place of rclegacion if possible, and, otherwise, at the nearest )ossible place thereto; and those sentenced to expulsion, at one of the penal institutions of the Kingdom.
When these sentences have been served, they shall serve out their original sentences.
3. Those sentenced to p)residio, 1)risu/in, or arrsto' 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 con finamn bnto shall be condemned to jn;cd correccional not to exceed two years; and after this penalty is served, they shall serve out that of conflnaioioento.
5. Persons banished shall be condemned to air(i(to mayor, after serving which they shall serve out their term of banishment.
6. Those disqualified from office, from the right of suffrage, profession, or trade, who shall obtain or exercise the same shall be condemned to arresto nayoi' and a fine of from 250 to 2,500 pesetas, if their act should not constitute a special crime.
7. Those suspended from office, 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 arrest mayor, having completed which term they shall continue subject 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 windows, 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 penalty respectively prescribed in article 127.






37

C-iAPTEII II.

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

AiT. 12. Those who should commit any crime or misdemeanor after having' been condemned L)v 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 cri1110 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 8 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 attaining 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 extinguished1. By the (ldath 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 completelyy Oxti ngu lilies the lienaMty and all its effects.
4. By pardon.
A person freed )y a pardon can not reside in the place of residence of the offended 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 caduna 3mpetua for the crime.
After fifteen years, when the penalty fixed is any other corporal penalty.
After ten years, when the penalties fixed are correctional.






38

The crimes of calumny and contumely are excepted, the first of which shall prescribe after one year and the second after six months.
Misdemeanors prescribe two months after their commission.
When the penalty prescribed is a compound penalty, the higher penalty 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 proceedings for investigation and punishment.
This prescription shall be interrupted from the commencement of the proceedings against the culprit, and the term of prescription shall commence to run again from the time when such proceedings terninate without the culprit being convicted or the proceedings have stopped, unless it be through the default of the culprit being tried.
Arr. 132. The penalties imposed by final sentence prescribe:
Those of death and c dwnap)cip'tua 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 without 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 proscription--without prejudice, however, to the latter beginning to run anew.
ART. 133. Civil liability arising out of crimes or misdemeanors shall he extinguished in the same manner as other obligations in accordance with the rules of civil law.














BOOK II.

CRIMES AND THEIR PENALTIES.
TITE 1.

CRIMES AGAINST THE EXTERNAL SECURITY OF THE STATE.

CHAPTER 1.
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 jperpetua to death if war should actually be declared, and otherwise with the penalty of caiduna tcJoral in its medium degree to that of cadena peu)et cc.
ART. 135. The following shall be punished with the penalty of eadena peq 0ta to death:
1. A Spaniard who shall facilitate the enemy's entrance into the Kingdom, the capture of a fortified place, military post, national yes sel, or stores of military or food supplies.
2. A Spaniard who shall seduce Spanish troops or troops in the service 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 following shall be punished with the penalty of ca(lena tuinpora 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 hostile 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 progress of the hostile arms in a manner not specified in the preceding article.
39





40

4. A Spaniard who shall furnish the enemy with topographical maps, or plans of fortifications, documents, or information which shall directly lead to the same end of committing hostilities on Spain or favoring the progress of the hostile arms.
5. A Spaniard who in time of war shall prevent the national troops 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 mentioned in the three preceding articles shall be punished with the penalty of ,,',d, mayor, and the proposition to commit the said crimes with that of presidio eo ccc;0o2(1d.
ART. 138. A foreigner residing in Spanish territory who shall commit any of the crimes specified in the preceding article shall be punished 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 criines specified in the preceding articles against a power allied to Spain, in the case of said power being in the field against the common enemy, shall be puiished with the penalties lower by one degree than those respectively prescribed.
ART. 140. The ministers of the Crown shall incur the penalty of cadna prpctat to death who, in violation of article 55 of the constitution, shall authorize a decree to any of the following ends:
1. Alienating, ceding, or exchanging any part of the Spanish territory.
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 ,mother power.
Art. 141. The persons mentioned in the foregoing article shall be punished with the penalty of cawhna temj)oral in its medium degree to cadeia _)e/ptta, 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 subsidies to a foreign power.
CHAPTER II.
CRIMES THAT ENDANGER THE PEACE OR INDEPENDENCE OF THE STATE.
ART. 142. The ecclesiastical minister who, in the performance of his office, 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 State, or that oppose the observance of its laws, or encourage their nonobservance, shall incur the penalty of temporary expulsion.






41

Any layman committing stich acts shall incur the penalty of prisidn corcc;onal in its mininmm and medium degrees, and a fine of from 625 to 6,250 pesetas.
Airr. 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 rbi.in coiree(o)(d in its minimum and medium degrees, and a fine of from 625 to 6,250 pesetas, unless such crinie 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 advantage 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 annoyance or reprisals on their persons or property, shall be punished with the penalty of reclus.wd/n einy)oral if he be a State official, and otherwise with that of pr/s;Wn iiaiyo.
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 recluse t( i oid shall be imposed on any person violating a truce or armistice agreed to between the Spanish nation and a hostile nation, or between their belligerent forces, land or naval.
Air. 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 J rSlidn yor and perpetual disqualification from the office he may hold.
ART. 148. le who, without sufficient authorization, shall raise troops within Spain for the service of a foreign nation for any object or purpose whatsoever, whatever be the nation against which hostility be contemplated, shall be punished with the penalties of pr/s i;n mayor 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 reeldasin tcmporal and a fine of from 6,250 to 6'2,500 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 _pris6n. rnayor, if such correspondence is carried on by ciphers or codes agreed on between the parties.





42

2. With that of _prisi&n correeconal, if it be carried on in the usual form and the Government should have forbidden it.
3. With that of reclus'idn temporal, if there were given therein notice or information of which the enemy could take advantage, whatever be the form of such correspondence, and even though the Government should not have forbidden it.
The same penalties shall be incurred by the person committing the crimes mentioned in this article, even though he should send the correspondence 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 185 and 136 shall be observed.
ART. 150. Any Spaniard guilty of an attempt to enter a hostile country, if the Government should have prohibited it, shall be subject to the penalties of arreoto ,mayor and a line of from 375 to 3,750 pesetas.'

CHATER III.

CRIMES AGAINST INTERNATIONAL LAW.
ART. 151. He who should kill a monarch or the head of another State residing in Spain, shall be punished with the penalty of ,clwin temporal in its maximum degree, to death.
He who should inflict serious i;ounds upon the said persons shall be punished with the penalty of r'eclhsi6n tempo al, and if the wounds were slight with that of jrisfl 'mayor.
Those who should commit any other attempt at cringe not specifically mentioned in the foregoing paragraphs, against the same persons shall incur the last-named penalty.
ART. 152. He who should violate the personal immunity or the domicile of a monarch or head of another State received in Spain in their official character, or who shall violate that of a representative of another power, shall be punished with the penalty of pywimin. cortectional.
If the crimes mentioned in this and in the preceding article should have no reciprocal penalties fixed therefor in the laws of the nation to whom the persons offended belong, We penalty shall be imposed upon the delinquent which would be proper for the crime, in accordance with the provisions of this code, if the person offended should not have had the official character mentioned in the foregoing paragraph.

'See Gen. Orders No. 109, Headquarteri Department (f Porto Rio, July 31, 1899 page 143.






43

CHIAPTI:1 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 cadulena temporal to ca(dena perpetua.
If the crime should be committed against nonbelligerent subjects of another nation at war with Spain it shall be punished with the penalty of preidio wmayo'.
ART. 154. Those who commit the crimes referred to in the first paragraph of the preceding article shall incur the penalty of cadlena perpeot to death; and those who commit the crimes referred to in the second paragraph of the same article that of cadenmt temporalt to cadena perpeta:
1. Provided that they have taken any vessel by boarding or firing upon her.
2. Provided that such crime should be accompanied by assassination, homicide, or by any of the physical injuries inflicted on persons specified in articles 427 and 428 and in numbers t 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.

CHIIAPTER 1.

C('RIMES OF LPSE-MIAJESTi{, AGAINST TIHE COR'TES, TIE ('OUNCIL OF MINISTERS, AND AGAINST THE FORM OF GOVERNMENT.

SECTION I.- rimes of se-mijet..

AUT. 155. Upon any person who shall kill the King there shall be imposed the penalty of reclusisn pc)rpebt to death.
ART. 156. If the crime referred to in the foregoing article be frustrated or attempted, it shall be punished with the penalty of rcla~idn moralrl in its maximum degree to death.
The conspiracy to execute with that of r ecusidn temporal.
And the proposition with that of prisidn mayor.
ART. 157. The following shall be punished with the penalty of 1lThosn temporal to reelithean iperpetui:
1. Those who shall deprive the King of his personal liberty.





44
2. Those who shall force him, by violent means or by grave intinidation, to perform any act contrary to his will.
3. Those who shall cause him grave physical injuries not included in the first paragraph of article 156.
ART. 158. If the violence, intimidation, or physical injuries referred to in numbers 2 and 3 of the preceding article be not grave, the penalty of reclasiwn te q)oral shall be imposed on the guilty person.
ART. 159. The penalty of reclusin temrnporal shall likewise be imposed:
1. Upon a person who shall outrage or threaten the King in his presence.
2. Upon a person who shall enter the King's residence with violence.
ART. 160. Any person who shall threaten or outrage the King publicly in writing, outside of his presence, shall be punished with the penalties of prisi6n mayor and a fine of from 1,250 to 12,500 pesetas.
Outrages and threats couched in any other form shall be punished, if they should be grave, with the penalty of arre.to mayor in its medium degree to _pri idn co'reccional in its minimum degree, and if they should be light, with the penalty of arresto mayo, in its medium degree tojprsian correctional in its minimum degree.
ART. 161. He who shall kill the immediate successor to the Crown or the Regent of the Kingdom shall be punished with the penalty of r'clusi4n tentporal in its maximum degree to death.
If the crime be frustrated or attempted, with the penalty of r(clusidn t, pnporal to death.
The conspiracy with that of _pr?is;in mayor in its medium and maxinum degrees.
And the proposition with that of _rIsi6n correccional in its maximum degree to _rinn, mayor in its minimum degree.
ART. 162. If the crimes mentioned in the preceding articles of this section, with the exception of those comprised in the last article, should be committed against the immediate successor to the Crown, the consort of the King or the Regent of the Kingdom, they shall be punished with the penalties lower by one degree than those prescribed therein.
SECTION II.-Crimes against the Cortes and its embos and against the council of ministers.
ART. 163. In case there should be a vacancy of the Crown, or in case the King should be disabled in any manner whatsoever from governing the nation, those members of the royal family, ministers, authorities, and other civil or military officials who shall disobey the Regent after he has taken the oath that the constitution requires, or the council of ministers during the time that they are provisionally governing the Kingdom in accordance therewith, shall be punished






45

with the penalty of r ha'.%tci~n ,.,mpora l in its maximum degree to

ART. 164. The penalty of co(,1nam.huno shall be incurred by those who, forming part of an armed force, shall collectively address petitions 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 ami armed force, should present them individually, but not according to the laws of their organization, in so far as they have relation thereto.
The petialties prescribed in this article shall be respectively imposed in their iaximuni degree on those who hold a command in the armed force.
AnT. 15. The following shall also incur the penalty of eonflflml,'enlo:
1. Those who shall outrage or threaten a senator or deputy 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 declaration 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 the preceding article were not serious, the delinquent shall suffer the penalty of banishment and a fine of from 325 to 3,250 pesetas.
AnT. 167. The penalties prescribed in the three preceding articles shall be imposed in their maximum degree if the guilty persons are recidivists.
ART. 168. The public official who, when the Cortes is in session, should, without due permission of the respective legislative body, detain, arrest, or commit for crime any senator or deputy, unless he had been taken in ,flay)ane, shall incur the penalty of temporary special disqualification.
The same penalty shall be incurred by the judge who, having passed sentence on a senator or deputy, in a trial instituted without the permission referred to in the precedig paragraph, should carry out said sentence without the legislative body to which the accused belongs having 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 ftagrante, and fail to report it to the Cortes immediately if in session; or who should fail likewise





46

to report to the Cortes as soon as it assembles the arrest of any of its members which they may have ordered, or the proceedings they may have instituted against such members during the interval of the sessions.

SECTION 111. -(tr+;m against te.fornm Of GoVePJment.

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 bv 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 preceding article.
ART. 171. Public officials 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 hostility, should rise in arms, in order to perpetrate any of the crimes provided for in article 169, 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 ,sl 2. Those in charge of a subaltern command therein, with that of 1k column :tcmJ)oral to death, should they be persons filling civil or ecclesiastical office, or if there should have been any engagement between the forces under their command and the public forces loyal I() 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






47

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 oil the culprit.
3. The mere participants in the rising, with that of prown mayor in its medium degree to reelisan temporal in its minimum degree, in the cases provided for in the first paragraph of the preceding number, and with that of prisibn nayor' in its full limit, in the cases mentioned ii the second paragraph of the same number.
ART. 173. Those who, without rising in arms and in open hostilit* against the Government, shall commit any of the crimes provided for in the said article 169 shall be punished with the penalty of pri, id, Mayor.
ART. 174. lie 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 mentioned in article 17t, shall suffer the penalty of temporary special disqualification.

SECTION IV.---IrovLions. colniwn to t1w thireepreced'ing sertion.s.

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 .- C6re8 coit ietteld 1y indlvi(idall. on t~i occ(,1 exer cse of individual rq- lts guarantee ( by t1y ( ef. tftiftion.

ART. 177. The following are not peaceful meetings or demonstratins:
1. Those which are held in violation of the police rules of a general or permanent character of the locality where the meeting or demonstration takes place.
2. Open-air meetings or political demonstrations held at night.
8-. 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 criues punished b)y this code, or those where,






48

during the meeting, any of the crimes punished in Title III, Book II, hereof are committed.
ART. 178. The organizers and leaders of any meeting or demonstration that is held without written notice thereof having been given to the authorities twenty-four hours in advance, stating the object, time, and place of the meeting, shall incur the penalty of airesto mayor and a fine of from 325 to 3,250 pesetas.
AnT. 179. The organizers and leaders of any meeting or demonstration included in any of the cases of article 177 shall incur the penalty of p isn co'ecioinal in its minimumni and medium degrees, and a fine of from 325 to 3,250 pesetas.
Ar. 180. In the cases of the preceding articles, if the meeting or demonstration shall not have actually taken place, the personal penalty shall he the next lower in degree.
Awir. 181. For the enforcement of the provisions of the preceding articles, as leaders of the meeting or demonstration shall be considered those who, by the speeches they may have delivered thereat, or by the printed matter which they nay have published or distributed at the same, by the mottoes, flags, or other emblems displayed, or 1by any other means, appear as instigating the proceedings.
ART. 182. Those merely attending the meetings or demonstrations mentioned in Nos. 1 and 2 and the first ease of No. 4 of article 177, shall be punished with the penalty of arsto mayor.
APT. 183. The organizers, leaders, and persons present at any meeting or demonstration whatsoever shall respectively incur the penalties next higher in degree, if they fail to disperse it upon a second notice to do so from the authorities or their agents.
Aur. 184. Those who assemhle at meetings or denonstrations, carrying firearins, lances, s)bres, swords, machetes, or any other similar weapons, shall be punished with p i; cr,-cion /, in its mininmm and medium degree.
ART. 185. Those attending meetings or demonstrations who, during its progress, shall commit any of the criines 1)unished in this code, shall incur the penalty corresponding to the crime they conmmnit, and may he arrested at once by the authorities or their agents, or in their absence by any other person attending.
ART. 186. The following are illegal associations:
1. Those which by their purpose or circumstances are contrary to public morals.
2. Those whose object it is to commit any of the crimes punished in this code.
ART. 187. The following persons shall incur the penalty of p)risidn correccicmnal in its minimal and medium degrees, and a fine of from 325 to 3,250 pesetas:






49

1. The founders, directors, and presidents of associations -which may he organized and are included in any of the numbers of the precedino article.
If the association should not have been organized, the personal penalty shall Ibe that next lower in degree.
2. The founders, directors, and presidents of associations which may Ibe organized without notice to the local authorities of their purpose and by-laws eight days before their first meeting, or of the place of the muceting twenty-four hours before the respectiv-e 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 al,)cso Ifayor:
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 32.5 to 3,250 pesetas.
2. The individual members who commit the crime mentioned in No. 3 of the foregoing article.
8. 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. 1189. The founders, directors, presidents, and1 members of associations who again hold a meeting after its having been suspended by the authorities or their agents, provided that the u dicial 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
-Wtr" o mayor and a fine of from .500 to 5,000 pesetas.
ART. 191. The following shall incur the penalty of arsto nayor: i. The authors, directors, editors, and printers in their respective cases of secret publications.
By such shall be considered those which (10 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






50

SECTION. 11.-0(himes eumN tied 15y)/ puic ofalwsk aqadnst f/k i erie
of individual rights guaranteed tby the (onSttaton.

ART. 192. A public official who, without the authorization of law, shall impose any punishment equivalent to personal punishment, by arrogating judicial powers to himself, shall incur:
1. The penalty of temporary absolute disqualification, if the punishment imposed were equivalent to a corporal penalty.
2. The penalty of suspension in its medium and mnaximuni degrees, if it were equivalent to a correctional penalty.
3. The penalty of suspension in its minimum and medium degrees, if it were equivalent to a light penalty.
ART. 193. If the punishment arbitrarily imposed should have been carried out, in addition to the penalties prescribed in the preceding article, the punishment imposed shall be inflicted on the guilty official and in the same degree.
If the punishment should not have b)oeen carried out that next lower in degree shall be imposed upon him, if the former should not have gone into effect through a cause independent of his will.
ART. 194. If the penalty arbitrarily imposed should have been a pecuniary one the guilty official shall he punished:
1. With that of temporary absolute disqualification and a fine of an amount equal to three times the amount thereof if it should have been exacted.
2. With that of suspension in its medium and maximum degrees and a fine of from one-half to an equal amount thereof if the penalty had not been exacted through a cause independent of his will.
3. With that of suspension in its medium and minimum degrees if it should not have been exacted by reason of the voluntary revocation of the said official.
ART. 195. The authorities and officials, civil and military, who, even though the constitutional guaranties may be suspended, should have established a penalty different from that previously prescribed by law for any kind of crimes, and those who enforce such penalties, shall respectively incur, according to the facts, the penalties prescribed in the three foregoing articles.
ART. 196. The judicial authority who unduly remits a criminal case to another military or administrative authority or official which illegally claims it, shall be punished with the penalty of suspension in its medium and maximum degrees.
The military or administrative authority or official who should persist in his demand for the unlawful remission of the case and should compel the judicial authority to comply after the latter had pointed out the illegality of such a demand, shall be punished with the penalty next higher in degree.






51

A ,r. 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.
A ir. 198. The public official who, unless it be by reason of a crime, should detain a person without being authorized to do so by latw, the constitutional guaranties not being suspended, shall inicur the penalty of a line of from 325 to 3,250 pesetas, if the detention should not have exceeded three days; the peniialty of suspension in its minimum and nedittin degrees, if it should have exceeded said period and not been more than fifteen days; that of suspension in its maximnlun degree to temporary absolute disqualification inii its medium degree, if it should 1ot have been less than fifteen days nor have reached one month; that of pi corr(,ccional in its maximum degree to
pr/,in mNa/yo in its minimum degree, if it should have been more than one month and should not have exceeded a year; and that of prs' ;lw Nyor in its medium degree to reclsion temip)'al to its full limit, if the detention should have exceeded one year.
AuRT. 199t. The public official who should delay comnplyving with a judicial order to release a person iimprisonied 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.
AT. 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. 901. The following shall also incur the same penalties in their respective eases:
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 capacity 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 t 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 iin 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 represent hin, a certificate of his detention or imprisonment, or who should not forward any petition relative to his release.
S. 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 le 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 neliunn degrees:
1. The judicial authority who should neither set at liberty nor commit a prisoner by a warrant, stating the reasons therefor (mdto motc.w(I(o), within 72 hours following that in which lie may have been placed at his disposal.
2. The judicial authority who shall not ratify a warrant of commitinent or declare it null within 72 hours after it may have been issued.
3. The judicial authority who, with the exception of the cases mentioned 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 secret-ry of a superior or inferior court who shall permit the term referred to in No. 1 of this article to elapse without 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 t 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 inlprisoned, 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







53

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 maxinmun degree to perpetual absolute disqualification and a fine of from 11,250 to 12,500 pesetas.
ART. 203. The following shall incur the penalties of suspension in its miinum 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 ouaranties 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 committed at night, the penalties shall lie those of suspension in its medium and maximum degrees and a fine of from 625 to 6,250 pesetas, reserving 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.
AmT. 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 likewise 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 g'uilty of the cr'inle of robbery with violence against the l)erson.
Aicr. 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 suspen(led, should enter by night the domicile of a Spaniard (if foreigner 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 incum'red by any authority who shall make an examination of papers and effects 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 himi for delivery at a domicile shall incur the sane penalty.
A 'r. 209. The public official who shall extract letters from the mails shall be punished with the penalty of a temporary absolute disqualification in its inimum and medium degrees and a fine of from 1,250 to 12.500 pesetas.
Alar. 210. The public official who, without being expressly authorized byv 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 025 to 6,250 pesetas.
ARi. 211. The public official who, without being authorized by law, shall deport or exile from the territory of the kingdom any person, unless by virtue of a final sentence, shall be punished with the penalty of conpmandeto an(d a fine of front 1,250 to 12,500 pesetas.
ART. 212. A public otflicial 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 muniicipality the payment of taxes not authorized according to their respective classes by the Cortes, the provincial deputation, or the municipal council, shall inricur the penalty of suspension in its medium and maximum degree to temporary absolute disqualitication in its medium degree and a tine 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 templ)orary absolute disqualification and the aforesaid fine.
ART. 214. If the amount collected should not have been paid according 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 pun-






55

isned as a swindler by the maximum degree of the )roper punishment theref or.
Ar. 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. 210. The public official who shall condemn the property of any person, unless by virtue of a mandate from the competent authorities, for reason of public utility, before proper indemnification made therefor, 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 minimuni and inedimn 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 prevent or prohibit a person from forcing 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 preceding 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 demonstration of which he had official notice, or the foundation of any association not included in article IS6 of this code, or the holding of its meetings, unless it be those in which any of the crimes punished in Title III, Book II 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.
AIw. 219. The public official who, not being authorized by a law and the constitutional guaranties not beinr 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 he 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. 220. The public official who does not bring to the notice of the judicial authorities his suspension of an unlawful association 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 official who shall order the (losing 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 twentyfour hours following its having taken place.
ART. 222. The penalty of banishment siall be incurred by the publie official in its minimum and medium degrees, who without having demanded two successive times the dissolution of any meeting or denionstration, or the suspension of the session of an association, should employ force to dissolve or suspend it, unless there should have been previous violent aggression 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 conynamiento in its mininun 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 confinamiento in its maximum degree to ,',1ac;1, tfewpyo'l 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 gave 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.

SFcTIoN 1.1I. -(Crit(-8 ',10 bdon of theudt~nC ~'odUW/ relatbny t, ,l 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 prisidn corr





57

if the crime were committed in churches, chapels, or places devoted to worship; and with that of arr sto mayor to prisi;n correctional in its minimum degree, and a fine of from 50 to 500 pesetas if the offense be committed in any other place.
ART. 225. IlIe who with the intention of offending the Catholic religion should trample, cast on the ground, or in any other manner profane the sacred elements of the Eucharist shall be punished with the penalty of priso mayor.
ART. 226. Those who in offense of the State religion shall trample, destroy, break, or profane sacred objects devoted to worship within churches or without them, shall incur the penalty of risin coreccional.
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 arresto mayor to p-risdn 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 arresto mayor if the crime should have been committed in other places and not on the occasion of such acts of worship.
AlrT. 228. Ie 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 con)ynamnto.
For the purposes of this article the respective cemeteries of the dissenting religions shall be considered as precincts similar to those wherein they worship.
ART. 229. He who shall physically maltreat a minister of the Catholic religion while performing the offices of his ministry shall incur the penalty of prisids correcciowld.
lie who shall offend under similar circumstances by word or gestures shall be i)punished with the penalty of ar(isto itayor in its medium degree to prisids correccional in its maximnun degree.
ART. 230. HIe who by means of threats, violence, or other lawless (coercion 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 J)residn e/'P(ccional in its medium and maximumni degrees and a fine of from 625 to 6,250 pesetas.
ArT. 231. ie who by the same means shall I)revent any person from performing the acts of worship of the religion which he professes, or from attending its rites, shall incur the penalties prescribed in the preceding article.
ART. 232. The following shall incur the penalty of arryesto mayor in its maximum degree to pr;sidn corrieccioal in its mininnun degree and a fine of from 300 to 3,000 pesetas:
1. He who by the means mentioned in the preceding article shall






58

force any person to perform the acts of -worship or attend the rites of a religion which he himself professes.
2. He who by the same lneans shall prevent any person from observing the religious festivals of his sect.
3. He who by the same means shall prevent any person from opening his shop, warehouse, or other establishment, or force him to abstain from any work of whatsoever nature on stated religious festivals.
The provisions of the foregoing paragraph shall be understood without prejudice to the general or local police regulations or of publie order.
ART. 233. Those who by the employment of the means mentioned in article 224 shall prevent or disturb the acts of worship or the ceremonies of a religion distinct from the Catholic religion within its precincts or cemeteries, respectively, shall be punished with the penalty of a1lc() laayoi.
ART. 234. He who shall physically maltreat a minister of any religion other than the Catholic religion while exercising his functions shall be punished with the penalty of arr.,() .mayor in its medium and maximum degrees to p, Offense by speech, under similar circumstances, shall be punished with the penalty of arrs to )1tay(4.
ART. 235. He who shall publicly ridicule any of the dogmas or ceremonies of a religion that has adherents in Spain shall be punished with a fine of from 325 to 3,250 pesetas.

SECTION IV.-Prov sio, commnorn to the, threepreCedbq,'/Wct';olm.

ART. 236. The provisions of this chapter shall be understood without prejudice to those of other chapters of this code which prescribe a higher penalty for any of the acts included in the thime preceding sections.

TITLE II1.

CRIMES AGAINST PUBLIC ORDER.

CHAPTER I.

R E]B ELLION.

ART. 237. Those who shall rise publicly and with open hostility against the Government for any of the following purposes are guilty of rebellion:
1. To proclaim the independence of the islands of Cuba and Porto Rico, or either of them.






59

2. To dethrone the King, or depose the Regent or Regency of the Kingdom, or deprive them of their personal liberty, or oblige them to execute an act contrary to their will.
3. To prevent the holding of elections for deputies to the Cortes or Senators in the whole Kingdom, or the lawful assemblage of the same.
4. To dlissolve the Cortes or prevent the deliberations of either of the legislative bodies, or to force them to adopt any resolution.
5. To commit any of the crimes specified in article 163.
To subtract the Kingdom, or a part of it, or any body of land or naval troops, or any other class of armed force from its obedience to the Supreme Government.
7. To use and exercise the constitutional prerogatives of the ministers of the Crown, or to despoil themni thereof, or hinder or curtail their free exercise of the same.
ART. 238. Those who by inciting the rebels and making them resolute shall have promoted and sustained the rebellion, begun for the purpose mentioned in No. 1 of the preceding article, and its principal chiefs, shall be punished with the penalty of cldena pe'rpetua to death; and in other cases with that of reclusi;n teiqporal in its maximum degree to death.
Aur. 239. Those who exercise a subaltern command in a rebellion organized to commit the crime referred to in No. 1 of article 237 shall incur the penalty of cadena perpetua to death, if they were persons filling a civil or ecclesiastical office.
ART. 240. Those who exercise a sutbaltern (command in a rebellion, the purpose of which is to commit any crime mentioned in the other numbers of article 237, shall incur the penalty of re(lus itn temporial in its maximum degree to death, and that of rlu.im n tmpora/ if said purpose were not included in any of them.
ART. 241. The mere participants in a rebellion shall be punished with the penalty of reclusin temJoral in its fullest extent in the cases mentioned in the first paragraph of No. 2 of article 172, and with that of pr;bin mayo' in its medium degree to rechlusi6n tem)pwo(l in its minimum degree, should they not be included therein.
ART. 242. If the rebellion should not have been organized by known leaders, those who in fact lead( the others, or speak for them, or sign the receipts or other (locunments in their name, or exercise other similar acts in representation of the others, shall be considered leaders.
Ar. 243. The following shall be punished as rebels, with the penalty of pri.si;n mnayo':
1. Those who, without rising against the Government, commit by craft or any other means whatsoever the crimes included in article 237.
2. Those who seduce troops or other class of land or naval armed force into committing the (crime of rebellion.
If the rebellion actually takes place, the seducers shall be considered promoters thereof and shall suffer the penalty prescribed in article 238.






60

ART. 244. Conspiracy to commit the crime of rebellion shall be punished with the penalty of ori;,in correcc;onal in its medium and maximum degree.
The proposal to do so shall be punished with that of reclsi( n temporal in its minimum and medium degree.

CHAPTER Ii.

SEDITION.

ART. 245. Those who shall rise publicly and tumultuously in order to attain by force, or outside of legal methods, any one of the following objects, are guilty of sedition:
1. To prevent the promulgation or execution of laws, or the free holding of popular elections in any province, circumscription, or electoral district.
2. To prevent any authority, corporation, official, or public officer from freely exercising his duties or the execution of his judicial or administrative orders.
3. To wreak any deed of hate or revenge upon the person or property of any authority or its agents.
4. To wreak, with a political or social object, any deed of hate or revenge upon individuals, or upon any class in the State.
5. To despoil, with a political or social object, any class of persons, the municipality, the province, or the State of all or any part of their property, or to lay waste or destroy such property.
ART. 246. Those who by inciting the seditious and making them resolute shall have promoted and supported sedition and its principal leaders, shall be punished with the penalty of r#?(lu8?Am tCeil)(ol, should they be included in any of the cases specified in the first paragraph of No. 2 of article 172, and with that of pK;.4';i laywo, if they are included in none of these.
ART. 247. Mere participants in sedition shall be punished with the penalty of risidn correccnlond in its medium and maximum degrees in the cases specified in the first paragraph of No. 2 of said article 172, and with that of isi4n cotreccional in its minimum and medium degrees if not included therein.
ART. 248. The provisions of article 242 are applicable to the case of sedition which has not been organized by known leaders.
AIT. 249. A conspiracy to commit the crime of sedition shall be punished with the penalty of arre,'to ,ayw, to pr;,4Yi correceional in its minimum degree.1
'See General Order 109, Headquarters Department of Porto Rico, July 31, 1899, page 143.






61

ART. 250. 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 correcciwwl in it's niedium and maximum degree.
If the sedition should have been effectual, the seducer-, shall be considered as promoters thereof and shall stiffer 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 shall reduce the penalties prescribed in this chapter by one or two degree,,.

CHAPTER 111.

PROVISIONS COMMON TO THE TWO PRECEDING CHAPTERS.

ART. 252. The courts shall reduce by one or two degrees the PeDalties prescribed in the two preceding chapters in the case of rebels and seditious persons who may disband or submit to the lawf rd authorities at the first summons to do so, provided that they were not public employees.
ART. 253. Individual crimes committed during a rebellion or sedition, or on the occasion thereof, shall be respectively punished according 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. 2.5.5. The employees who continue to discharge their duties under the orders of those in uprising, or who, without having had their resignation from office accepted, abandon it when there is danger of rebellion or sedition, shall incur the penalty of temporary special disqualification.
ART. 256. Those who shall accept office from rebels or seditious persons shall be punished with the penalty of temporary absolute disqualification for public office in its minimum degree.
ART. 257. The penalties of _prW v, tnayoi and c
_pl-i orreecional,
which are imposed for the cronies included in Chapters I and 11, shall be served in institutions within or without the islands of Cuba or Porto Rico.





62

CHAI'TER TV.
CRIMINAL ATTEMPTS AGAINST TIE AUTHORITIES AND THEIR AGENTSRESISTANCE ANDI) DISOBEI)IENCE.

ATT. 258. rhe following (onilit criminal attempt:
1. Those who, without pllhlic uprising, employ force or intimidation for any of the purposes mentioned under the (,rines of rebellion and sedition.
2. Those who attack the authorities or their agents. ofr emiploy 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 inclIudedl in the preceding article shall be punished with the penalties of piu orrccimal in its medium degree to ] Iiwy;, iii its minimum degree, and a fine of
from 625 to 6,250 pesetas, provided that any of the following circumstances are attendant:
1. If the aggression were accomplished by weapons.
2. If those guilty thereof were 1)ublic 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 pwi,44i correccional, 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 foregoing article shall he imposed in its maximum degree upon culprits if they employ the force or intimidation mentioned in number I 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 assistance 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 athorities or their agents, or should grossly disobey them in the performance of the duties of their office, shall be punished with the penalties of are.sto 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 CONTIUMELY, AND
THREATS AGAINST THEIR AGENTS AND OTHER PtUBLIC 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 calumniate, outrage, 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 exercise of his office, shall calumniate, outrage, or insult him by act or word, in his presence or in any writing addressed to him, or who shall threaten him.
ARt 263. If the calumny, insult, outrage, or threat referred to in the foregoing article should be grave, the delinquent shall suffer the penalty of piusi(o ('orreccional in its minimttu and medium degrees and a fine of front 375 to 3,750 pesetas.
If they should be less grave, the penalty shall be that of arrest mayor in its maximum degree to prinkb (orreceional in its minimum degree and a fine 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.
At. 265. Those who, while a minister of the Crown or a.n 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. 260. The penalty of artsto 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 I)ISORDERS.

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 college, offices, or public institutions, at public spectacles or solemnities, or a large meeting, shall be punished with the penalties of arresto mayor in its medium degree to prisibn eorrectional 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 plantations by refusing to work or by disobeying or resisting the persons in charge of their direction or management shall incur the same penalties.
ART. 268. Those who shall grossly disturb public order in order to offer an outrage or other wrong to any individual person shall incur the penalty of airesto mayor.





64

If the purpose of the offense were to prevent any person from exercising his political rights, the said penalty of ,, r/estui, wayor' in its maximum degree shall be imposed on the culprit.
ART. 269. The penalty of a,', ,u ),,yo shall also be imposed, unless a higher penalty is applicalble in accordance with other articles of this code, on those who shall raise cries provocative of rebellion or sedition at any meeting or association, or in any publi place, or who shall show in the same places badges or banners which might directly provoke the (listiirbance of public order.
ART. 270. Those who shall extricate from jails or penal institutions ainy person detained therein, or who facilitate his escape. shall be punished with the penalty of ,,,ft, )flay<, in its maximum degree to r'isin Torreccional in its minimum degree, if they should employ violence, intimidation, or subornation for the purpose, and with the penalty of ((Presto )Iwyor should they make use of other means.
If the escape of the prisoner should be effected outside of said institutions by means of surprising- those charged with their conduction, the same penalties shall be applied in their inininiuni degree.
ART. 271. Those who shall place obstructions or damag-e railroad tracks, or obstruct or damage telegraph lines or intercept niclssages or correspondence, shall be punished with the penalty of ]/;+'o/','',cional in its minimum to its inedium degree.
ART. 272. Upon those who destroy 01 injure licttres, statues, or any other public Ionument of usefulness or ornamentation shall be imposed the penalty of arr,,o ayor in its medium degree to pI/(/,fl correcc;oml in its minimum degree.

CHAPTER VII.

PROVISIONS COMMON TO THE TRIRIEE PREC1)ING CHAPTERS.

ART. 273. For the purposes of the articles included in the three preceding chapters, a person who, by himself alone, or as a member of any corporation or tribunal, shall exercise special jurisdiction, shall be considered as an authority.
The officials of the Department of Public Prosecution (Ministerio Fiscal) shall also lie considered authorities.
ART. 274. If the person committing any of the crimes specified in the three preceding chapters should be a civil or ecclesiastical authority, he shall be punished with the maximum of the respective penalty and with temporary abisolute 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-





65

ment, if their provocations were of no effect, and with that of covfnayni nto muayl 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 1.

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

SECTION 1.-1 ((blt. OI uf the rioyal iynaturc (wi .'4am amd t/e .;iynature Of nu.iter.

ART. 270. 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 eadena 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 p9residio corrceinonal in its medium to its maximum 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. -Pals Q??eat m (f &tndvywr(1 I .

ART. 279. He who shall counterfeit the great seal of the State shall be punished with the penalty of eadena 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 preceding paragraph.
ART. 280. He who shall counterfeit the seal of the State of a foreign power, and make use of it in Spanish territory, shall be punished with the penalty of _presidio mayor, and with that of _presidio correccioned in its medium to its maximum degree, if he should have made use of it outside of the said territory.
1571 -5





66

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 punished with the penalty next lower in degree than that prescribed in the said articles for the counterfeiters.
ART. 282. The counterfeiting of marks and seals of inspectors of
-weights and measures shall be punished with the penalties of Ipreqid~o 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 correccioncd 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 countersignis 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 _pres8idio correctional in its iiuinimum 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, oir countersigns
-which industrial or commercial establishments make use of, shall be punished with the penalties of 1presidio corre,?ccional in its minimum and medium degrees.
ART. 288. He who shall place on sale objects of commerce, substituting for the mark or name of the real manufacturer the mark or name of a fictitious one, shall be punished with the penalty of arrecs'to 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 sign that indicates that it had already been used or was useless for the object of its issue, shall also incur the penalty of arresto ,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.






67

CHAPTER IL.

COUNTERFEITING OF MONEY.

ART. 290. Whosoever shall make counterfeit money, of a value less than the legitimate, by imitating gold or silver coins lawfully current in the Kingdom, shall be punished with the penalties of cadena tein_poral in its niediuai degree to ccrdena perpetua, and a fine of f rom 625 to 6,250 pesetas, if the counterfeit money were of copper.
ART. 291. He who shall clip lawful coins shall be punished with the penalties of presidio mayor and a fine of from 625 to 6,250 pesetas if the money were of gold or silver, and with that of _presidio co2rreccional in its minimum and medium degrees and a fine of from 325 to 3,250, pesetas if it were of copper.
ART. 292. He who shall make counterfeit money of the value of the genuine by imitating money that is lawfully current in the Kingdomi, shall be punished with the penalties of pvresidio correccional in its medium and maximum degrees and a fine of from 625 to 6,250 pesetas.
ART. 293. He who shall make counterfeit money by imitating money that is not lawfully current in the Kingdom shall be punished with the penalties of presidio correccional in its medium and maximum degrees and a fine of from 325 to 3,250 pesetas.
ART. 294. He who shall clip lawful money that is not lawfully current in the Kingdom shall be punished with the penalties of presidio correccional in its minimum and medium degrees and a fine of from 625 to 6,250 pesetas.
ART. 295. The penalties prescribed in the two foregoing articles shall be imposed in their respective cases on those who shall introduce counterfeit money into the islands of Cuba and Porto Rico.
Those who circulate counterfeit money shall also be punished with the same penalties when connivance exists between them and the makers thereof or those who introduce it.
ART. 296. Those who, without the connivance referred to in the preceding article, shall pass counterfeit or clipped money which, with knowledge of its character, they had acquired for the purpose of ciculating it, shall be punished with the penalties of presss idio correccioval in its medium and maximum degrees and a fine of from 325 to 3,250 pesetas.
ART. 297. le who, having received counterfeit money in good faith should issue it after knowing, its falsity, shall be punished, if the amount spent exceed 325 pesetas, with a fine of from an amount equal to up to one three times, that of the genuine money.
ART. 298. Those in whose possession counterfeit money shall be found which, from its amount and character, may reasonably allow





68

the inference that it was intended for circulation, shall be punished as guilty of an attempt to commit the crimes of circulating counterfeit money.

CHAPTER III.

FALSIFICATION OF BANK NOTES, INSTRUMENTS OF CREDIT, STAMPED
PAPER, POSTAGE STAMPS, AND OTHER STAMPED ARTICLES WHOSE SALE
IS RESERVED TO THE STATE.
ART. 299. Those who shall falsify bank notes or other instruments payable to the bearer, or their coupons, whose issue may have been authorized by the law of the Kingdom, or those who shall introduce them into the islands of Cuba and Porto Rico, shall be punished with the penalties of eadena tempjoral in its medium degree to cad6?w perpetua and a fine of from 6,250 to 62,500 pesetas.
The same penalty shall be imposed upon those who shall circulate them in connivance with the counterfeiter or introducer thereof.
ART. 300. Those who, without being in relation with the counterfeiters or introducers thereof, shall acquire, for the purpose of circulation, bank notes or other instruments payable to bearer, and their coupons, knowing that they are false, shall be punished with the penalty of cadena, temporal.
ART. 301. Those who shall, in the islands of Cuba and Porto Rico, falsify bank notes or any other class of instruments payable to bearer, or their coupons, whose issue is authorized by a law of a foreign country, or by a provision that has there the sane force as law, shall also be punished with the penalty of eadena te2npo?,al.
Those who, in complicity with the counterfeiters, shall introduce them shall incur the same penalty.
ART. 302. Those who, having in good faith acquired bank notes or other instruments payable to bearer, or their coupons, included in articles 299 and 301, and shall pass them knowing of their falsity, shall be punished with the penalties of presidio correeeional in its medium and maximum degrees and a fine of from 625 to 6,250 pesetas.
ART. 303. Those who shall counterfeit or introduce into the islands of Cuba or Porto Rico bonds payable to order, or other documents of credit not to bearer, whose issue is authorized by virtue of a law, shall be punished with the penalties of eadena tcnp,al and a fino of from 6,250 to 62,500 pesetas.
ART. 304. Those who shall counterfeit securities payable to order, or any other class of instruments of credit not to bearer, whose issue is authorized by a law of a foreign country, or by a provision that has there the same force as a law, shall be punished with the penalty of presidio nayoir in its medium degree to eadcna temporal in its minimum degree.






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 pre-sidio cori'cconal in its medium and minimum degrees and a 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 _peesidio 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 qnayor.
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 introduces thereof.
ART. 308. Those who, without being in connivance with the counterfeiters or introducers 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 presidi'o correccional 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 securities of the character mentioned in the foregoing article shall circulate them, knowing their falsity, shall incur the penalty of arresto 9ayor in its maximum degree to prisidn corrcccional 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.-Falsicaton of official and corn ltlcial doctonents and teleg?'aph disatcTu?.,.

ART. 310. The penalties of cadena tenm)oral 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 conmit a falsification1. By counterfeiting or feigning any writing, 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 thereat declarations or statements different from those which they made.






70

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 pr msiio lnayvt 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 mentioned 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 pri.sw6n correceonal 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 11. -af cation of private 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 p 'esidio correccional 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 bv one degree than that prescribed for the falsifiers.

SECTION III. --Fal.sfXatiwn of jasspopt. c Jd las of residence, and certfcates.

ART. 316. A public official who. taking advantage of his office, shall issue a passport or a c'dl(a of residence under a fictitious name. or






71

shall give it in blank, shall be punished with the penalties of _prisi;n correccional in its minimum and medium degrees, and temporary special disqualification.
ART. 317. He who shall make a false passport or ed ala of residence shall be punished with the penalty of apre.sto mnayor in its maximum degree, to _pri~n eorrcccional 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 cidulct 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 edda 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 ejdula of residence 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 he punished with the penalties of arresto mayor in its maximum degree to prisonn correctional 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 circumstances shall he 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 cor)-Csto m1-ayor.
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 preceding 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 preservation, shall be punished with the same pecuniary penalties and the personal pen-





72

skies 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 tools or instrumnents 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 perpetual absolute 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 punished 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 TESTIMONY,'I AND FALSE ACCUSATION AND DENUNCIATION.

ART. 327. He who, upon being questioned by the competent admninistrative 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 tine 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 p~esetas.
ART. 328. He who, in a criminal cause, shall give false testimony against the accused shall be punished:
1. With thme penalty of cadena te~nJpopal iii its maximum degree to eadena 1jei1)et ta, if the accused should have been in such cause sentenced to the penalty of death, and it should have been carried out.
2. With the penalty of Cadena tecmporal, if the accused should have been condemned in the cause to cadena pej)etua and should have begun to undergo said penalty.
'See Order -No. 116, Hleadquarters D)ivision of Cuba, March 17, 1900, page 13S.





73

3. With the penalty of _presidio qn/ayot, if the accused should have been condemned in the cause to cadena 1)erpetua and should not have begun to undergo the same.
4. With the penalty of _presidio correccioned, in its maximum degree to that of presidio) iwayor in its medium degree, if the accused should have been condemned in the cause to suffer any other corporal punishment and should have begur to undergo the same.
5. With the penalty of presidio correecional in its medium degree to 1residio 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 pre..dio correceional 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 penalty and should have begun to undergo the same.
7. With the penalties of presidio correccional 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 arreesto mayor in its maximum degree to presidio correecional in its minimum degree and a fine of from 325 to 3,250 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 arresto 2ayor and a fine of from 325 to 3,250 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 arresto mayoi in its maximum degree to prs'/i correecional 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 arresto mqyor if it were for a misdemeanor.
ART. 330. The penalty of arresto qnayor in its minimum and medium degrees 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 arresto mayo) in its maximum degree to presidio correceional in its medium degree and a fine of from 625 to 6,250 pesetas.
If the amount of the claim should not exceed 625 pesetas, the penalties shall be those of arre-sto 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 proceedings.






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 tip 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 perverting 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 taik(' place in a criminal cause; and
'). 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 he punished as guilty of false testimony.
ART. 336. The crime of false accusation or denunciation is conmmittedl 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 bhe obliged to proceed to 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 prcI~do coweoa i t edu n maximum degrees, if the crime imputed were grave; with that of pr)iisi~n correccional in its minimum and medium degrees, if the crime imputed were "less grave;" with that of arrc.
CHAPTER VII.

USURPATION OF OFFICE, RANK, AND TITLES, AND IMPROPER USE OF
NAMES, DRESS, INSIGNIA, ANT) DECORATIONS.

ART. 338. He who, without warrant or legitimate cause, shall exercise acts pertaining to an authority or public official, attributing to himself an official character, shall be punished with the penalty of prism i6)z correccional in its minimum and medium degrees.






75

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 arresto mayor in its maximum degree to pt-eW62in correceional in its minimum degree.
ART. 340. He who shall usurp the character which would enable him to exercise the functions belonging to ministers of a religion that has adherents in the land, or should perform said functions, shall incur the penalty of arresto mayor in its maximum degree to priswfl~ collCecional 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 to 6,250 pesetas.
ART. 342.' He who shall publicly use an assumed name shall incur the penalties of arresto mayop 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 arresto mayor in its medium and maximum degrees. and a fine of from 375 to 3,750 pesetas.
Notwithstanding the provisions of this article, the use of an assumed name may be temporarily authorized by the superior administrative authority for sufficient causc.
ART. 343. The public official who, in the duties belonging to his office, shall attribute to any person, in connivance with him, titles of nobility, or a name that does not belong to him, shall incur a fine of from 375 to 3,750 pesetas.
ART. 344. He who shall publicly and unlawfully wear a uniform or dress belonging to 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 decorations that he is not authorized to wear, shall be punished with the penalty 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 interment in contravention to the provisions of the laws or regulations with regard to the time, place, and other forn-alities prescribed for

See Order No. 150, Headquarters Division of Cuba, April 10, 1900, page 139.






76

interments, shall incur the penalties of orresto 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 arred4o mayor and a fine of from 325 to 3,250 p~esetas.


CHAPTER 11.

OFFENSES AGAINST PUBLIC HEALTH.

ART. 347. He who, without having been duly authorized, shall manufacture substances injurious to health, or chemical products capable of causing great destruction, for the purpose of dealing therein, or who shall send then out, or sell or deal in them, shall be punished with the penalties of arresto 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 mentioned 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 arresto mayor and a fine of f romn 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 without complying with the formalities prescribed in the laws and regulations, shall be punished with the penalties of arresto miryor, in its maximum degree to prmswn correcci'onal 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 piAncorreccioval 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 applicable 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. Hie who shall exhume or transfer human remains, in violation 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 to mayor in its maximum degree





77

to priW4 on core UcciOfl/l in its minimum dlegrec 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 disinfection, 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 is used for drinking purposes, any object which should inake 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 aiy-etolmayor and a fine of from 625 to 6,250 pesetas, and in case of a repetition with those of arresto inayoi1 in its maximum degree to prislin eorreccuifla in its minimum degree and a fine double the above mentioned.
The players who assemble at the houses referred to shall be punished with those of arresto mnayoyr in its minimum degree and a fine of from 325 to 3,250 pesetas.
In case of repetition, with that of (ttrest() ?ayol, 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 arre' to 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.
OFFENSES COMMITTED BY PUBLIC EMPLOYEES IN THE DISCHARGE OF THEIR OFFICES.
CHAPTER I.
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 disqualification in its maximum degree up to perpetual absolute disqualification.





78

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 sentence imposed if the crime were less grave.
In all the cases of this article there shall also be imposed on the culprit the penalty of temporary special disqualification in its maximum degree to perpetual special disqualification.
ART. 359. If the unjust sentence should be knowingly passed upon acriminal in a trial for a misdemeanor, the penalties shall be those of arre,,to 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 thle penalty of prism' i~n correcowl in its minimum and medium degrees and temporary special disqualification in its maximum degree to perpetual special disqualification if the cause were for a grave crime, and that of arresto mayor in its maximum degree to prisonn eor reewnald in its minimum degree and the same disqualification, if the prosecution were for a less grave crime, and that of arresto nayor in its minimum degree and suspension, if the prosecution were for a misdemeanor.
ART. 361. The judge who shall knowingly render an unjust judgment in a civil cause shall incur the penalties of arresto mayor in its medium degree to pr-isiwn corr~eceional in its minimum degree, and temporary special disqualification in its maximum degree to perpetual special disqualification.
ART. 362. The judge who, on account of inexcusable negligence or ignorance, shall render judgment or pass sentence in a civil or criminal case that is manifestly unjust, shall incur the penalty of temporary special disqualification in its maximum degree to perpetual special 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 punished 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 disqualification.






79

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 inerely administrative, 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 delinquents 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 prejudice 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. 36S. 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 disqualification and a fine of from 325 to 3,250 pesetas.

CHAPTER 11.

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 punished1. 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 tempora-ei -special disqualification in its maximum degree to perpetual special disqualification.
2. With the penalty lower by three degrees than that p)rescr'ibed by law for the crime for which the f ugitive was bein g tried, should he not as yalm ye been finally condemned, and with that of temporary speciaT 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 Iii.

FAITHLESSNESS IN THE CUSTODY OF ])OCU'MENTS.

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






80

1. With the penalties of pJ..n 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 ir.si' corrccunonal in its mininnnn and medium degrees and a fine of from 325 to 3,250 pesetas, if the injury to the third person 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 to perpetual special disqualification.
ART. 372. The public official who, having charge of the custody of papers or effects sealed by the authorities, should break the seals, or consent that they be broken, shall be punished with the penalties of plosfiln correccoal in its minimum and medium degrees, temporary special disqualification in its maximum degree to perpetual special disqualification, and a fine of from 625 to 6,250 pesetas.
ART. 373. The public official who, not being included in the foregoing article, should open, or consent to the opening, without proper authorization, of closed papers or documents whose custody may have been entrusted to him, shall incur the penalties of (i nat yor, temporary special disqualification, and a fine of from 325 to 3,250 pesetas.
The penalties prescribed in the three preceding articles are also applicable to ecclesiastics and to individuals entrusted temporarily with the transmission or custody of documents or papers, by commission 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 hs arge and that should -not be made public, shall incur the penalties of suspension in its minimum and medium degrees and a fine of 325 to 3,250 pesetas.
If serious injury to the public interest should be caused by the revelation or the delivery of the papers, the penalties shall be temporary special disqualification in its maximum degree to perpetual special disqualification and pris &n correccional 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, ariesto mayor, and a fine of from 325 to 3,250 pesetas.






81

CHAPTRr]u V.

ISOBEDIENCE ANI)D REFUSAL OF COOPERATION.

ART. 376. The judicial or administrative officials 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 vestedl with the legal formalities, shall incur the penalties of temporary special disqualification and a fine of f romn 37 5 to 3,750 pesetas.
Notwithstanding the provisions of the preceding paragraph, public officials shall not incur criminal liability for not enforcing an administrative order constituting a manifest, clear, and definite violation of a constitutional precept.
Neither shall public officials exercising authority incur criminal liability who (10 not enforce an order of the same character wherein anyother law is manifestly, clearly, and definitely violated.
ART. 377. The official who may, for any reason whatsoever (not, however, one of those specified in the second paragraph of the preceding article), should have suspended the execution of the orders of his superiors, and should disobey after the former may have disapproved such suspension, shall suffer the penalty of perpetual special disqualification and esa orreecional in its minimum and medium degrees.
ART. 378. The public official who, upon the request of the competent authority, does not furnish him the proper cooperation in the administration of justice or other public service, shall incur the penalty 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 authority, 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 failI 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 bylaw, shall be suspended from said employmentor 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 exercise of his employment, office, or commission after be must cease therein in accordance with the laws or regulations or special provisions relating thereto, shall be punished with the penalties of temporary special disqualification in its minimum degree and a fine of from 325 to 3,250 pesetas.
ART. 382. The public official guilty of any of the offenses punished in the two preceding articles who should have received any fees or emoluments by reason of his office or commission before he was qualified to exercise them or after he should have discontinued therein shall be furthermore condemned to restore such sums, with a fine of from 10 to 50 per cent of their amount.
ART. 383. The public official who shall abandon his employment without his resignation having been accepted, to the injury of the public interests, shall be punished with the penalty 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 I and 2 of Book 11 of this code, there shall be imposed upon the culprit the penalty of pri8i*4n correctional in its minimum to its medium degree, and that of arrest mayor if his purpose were not to prevent, prosecute, or punish any other kind of crime.

CHAPTER VIL

USURPATION OF PREROGATIVES AND ILLEGAL APPOINTMENTS TO OFFICE.

ART. 384. The public official who shall infringe upon the prerogatives of the legislative power, either by prescribing regulations or general provisions in excess of his powers or by annulling or suspending the execution of a law, shall incur the penalty of temporary special disqualification and a fine of from 375 to 3,750 pesetas.
ART. 385. The judge who shall arrogate to himself prerogatives belonging to the administrative authorities, or shall prevent the latter from lawfully exercising their own, shall be punished with the penaltN of suspension.
The same penalty shall be incurred by every official of the administrative branch of the Government who shall arrogate to himself judicial prerogatives or prevent the execution of an interlocutory decree or decision rendered by a competent judge.
ART. 386. The public official who, being legally warned by writ of inhibition, should continue to act before the question of jurisdiction





1 83

has been decided, shall be punished with a fine of from 325 to 3,250 pesetas.
ART. 387. The administrative or military official who shall give orders or intimations to a judicial authority relating to causes or questions 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 qualifications, 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 awaiting his decision, or on which he has to make a report or consult his superior, shall be punished with the penalty of temporary special disqualification.
ART. 391. The warden of the prison who shall solicit a woman in his custody shall be punished with the penalty of 11
_pr N'(5v, correctional
in its medium and maximum degrees.
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, tiie penalty shall be _prisit;n correctional in its minimum to its medium degree.
In every case he shall in addition incur the penalty of temporary special disqualification in its maximum degree 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 oiers or promises for his committing, in the discharge of his office, an act consti-






84

tuting a crime, shall be punished with the penalties of pris;(n CorrcCcional in its minimum to its medium degree and a fine of from an amount equal uip to one three times the value of the gift, without prejudice to the imposition of the penalty pertaining to the crinie committed in consideration of the gift or promise, Should it have been e xecuted.
ART. 393. The public official who shall receive, directly or through an intermediary, any gift or present, or who shall accept any offer or promise for the execution of an unjust act relating to the discharge of his office, not constituting a crime, and who shall execute it, shall incur the penalty of pre, idi;o correcewnal in its minimum and medium degrees and a fine of an amount equal uip to one three times the value of the gift. If the unjust act was not actually executed, the penalties of ar'resto mayor in its maximum degree to 'presidio correctional in its minimum degree shall be imposed and a fine of an amount equal up to one double the value of the gift.
ART. 394. When the purpose of the gift received or promised were that the public official should abstain from performing an act which he should perform in the exercise of the duties of his office, the penalties shall be those of arre~to nwyol, in its medium to its maximum degree and a fine of an amount equal up to one three times the value thereof.
ART. 395. The provisions of the three preceding articles shall be applicable to jurors, arbiters, arbitrators, experts, mediators (hombres buenos), or any persons whatsoever filling a public office.
ART. 396. The persons criminally liable for the crimes mentioned in the foregoing articles shall incur, in addition to the penalties prescribed therein, that of temporary special disqualification.
ART. 397. The public official who shall accept presents given him in consideration of his official position shall be punished with suspension in its minimum *and medium degrees and public censure.
ART. 398.' Those who shall corrupt public officials with gifts, presents, offers, or promises, shall be punished with the same penalties as those imposed on the officers suborned, excepting that of disqualification.
ART. 399. If the bribe should be offered in a criminal cause in favor of the criminal, by his spouse or of any ascendant, descendant, brother, or relation by affinity within the same degrees, there shall only be imposed upon the culprit a fine equivalent to the value of the gift or promise.
ART. 400.' In every case the gifts or presents shall be confiscated.
'See Order No. 112, Headquarters Division of Cuba, July 20, 1899, page 135.
2 See Order No. 112, Headquarters Division of Cuba, July 20, 1899, page 135.






85

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 thc same shall be punished:
1. With the penalty of arre~to 'mayor in its maximum degree to ])1foqdio correcci, oial in its minimum degree if the amount taken should not exceed 125 pesetas.
2. With that of presidio oorrecomil in its medium and maximum d(yrees if it should have exceeded 125 and did not exceed 6,250 lppsetas.
3. With that of pr'dio mayoi, if it exceeded 6,250 and did not exceed 125,000 pesetas.
4. With that of eadewa 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 foregoing 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 suspension 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 he administers a public application different from that to which they were destined, shall incur the penalties of temporary disqualification 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 payment 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






86

by order of the competent authority, should refuse to deliver anything placed under his custody or administration.
The fine shall in such case be graduated according to the value of the thing and shall not be less than 325 pesetas.
ART. 406. The provisions of this chapter are applicable to those who for anv reason whatsoever have charge of funds, income, rents, or properties, provincial or municipal, or belonging to an educational or charitable institution, and to the administrators or depositaries of funds attached, sequestrated or deposited by a public authority, even though they belong to individuals.

CHAPTER XI.

FRAUDS AND ILLEGAL EXACTIONS.

ART. 407. The public official who, while taking part, by reason of his office, in any commission of supply, contracts, settlements or liquidations of public effects or funds, shall act therein in concert with the persons interested or speculators, or employ any other artifice to defraud the State, shall incur the penalties of _pr,8idio correctional in its medium and maximum degrees, and temporary special disqualification in its maximum degree to perpetual special disqualification.
ART. 408. The public official who shall become personally interested, directly or indirectly, in any kind of contract or transaction whatsoever in which he has to take part by reason of his office, shall be punished with the penalties of temporary special disqualification and a fine of from 10 to 50 per cent of the value of the interest which he may have had in the transaction.
This provision is applicable to experts, referees, and private accountants, with regard to the property or things in the appraisal, partitioil, or award of which they may have taken part; and to guardians of persons and property, and to executors with regard to those of their wards or testamentary beneficiaries.
ART. 409. The public official who shall directly or indirectly exact higher fees than those to which he is entitled by reason of his office, shall be punished with a fine of from double to four times the amount exacted.
A person habitually guilty of this offense shall, in addition, incur the penalty of temporary special disqualification.
ART. 410. The public official who, taking advantage of his office, shall commit any of the crimes specified in Chapter IV, Section 11, Title X111, of this book, shall incur in addition to the penalties prescribed therein that of temporary special disqualification in its maximum degree to perpetual special disqualification.





87

CHAPTER X1I.

TRANSACTIONS FORBIDDEN PUBLIC EMPLOYEES.

ART. 411. T~he judges, officials of the department of public prosecution (mninisterio 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 jurisdiction 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 intervention, 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 official wbo, by the immediate provisions of the law and by popular election or appointment 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 descendants, or his spouse, shall be punished as a parricide, with the penalty of cadena req/mia to death.

CHAPTER 1I.

ASSASSINATION.

ART. 414. le wllo, 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 circ'umstances: (1) With treachery; (2) for





88

price or promise of reward; (3) by means of flood, fire, or poison; (4) with deliberate premeditation; (5) with vindictiveness, by deliberately and inhumanly increasing 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 cad(ena pe)frpetua 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 11.

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 reclusiu,

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 ,elsd temJ)oral in its medium degree to recluse. 4n perpetua.
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 prisidn wlayor.
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 pr.idn eorreceional in its medium and maximum degrees.
ART. 419. lIe who gives his assistance to another to commit suicide shall be punished with the penalty of prisidbn mayor: if his assistance should extend to the point of himself taking such person's life, he shall be punished with the penalty of reclusid; tenworald.





89

CHAPTER IV.

PROVISIONS COMMON TO THE THREE PRECE1)ING CHAPTERS.
ART. 420. The courts, taking into consideration the circumstances of the deed, may punish the frustrated crimes of parricide, assassination, and homicide with a penalty lower by one degree than that which ought to be applied according to article 64.
They mayv also reduce by one degree, according to the circumstances of the deed, the 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 J)risw;n col ieCofal in its minimum and medium degrees, if all the circumstances of the deed necessary to constitute a frustrated crime or attempt at parricide, assassination, homicide, or any other crime for which a higher penalty is prescribed by any of the articles of this code should not ie attendant.

CHAPTER V.
INFANTICIDE.

ART. 422. 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 1)ri;i/on crrecciomd in its medium and maximum degrees.
The father or mother of a woman who, in order to hide their daughter's shame, commit this crime, shall be punished with the penalty of
Iisn2 amyor.
With the exception of these cases, he who kills a newly born infant shall incur, according to the cases, the penalties prescribed for parricide or assassination.
CHAPTER VI.
ABORTION.

ART. 423. He who shall intentionally cause an abortion shall be punished:
1. With the penalty of reclusion, tenqjoral, if violence should have been used against the person of the pregnant woman.
2. With that of _prisi( n mayor if, even though violence should not have been used, he acted without the consent of the woman.
3. With that of prison, correccconal in its medium and maximum degrees, if the woman should consent thereto.
ART. 424. He who shall occasion a miscarriage by his violence, without the intention of causing it, shall be punished with prieidof eorreccional in its minimum and medium degrees.





90
ART. 425. The woman who shall cause her own abortion, or consent to another person doing it, shall be punished with prisiin correccional in its medium and maximum degrees.
If she should do so to hide her shame, she shall incur the penalty of prsw6n correccional in its minimum and medium degrees.
ART. 426. A physician who, by wrongful use of his skill, shall cause the abortion, or cooperate therein, shall respectively incur in their highest degrees the penalties prescribed in article 423.
The pharmacist who, without the proper doctor's prescription, shall sell a medicine for producing an abortion, shall incur the penalties of arresto mayor and a fine of from 325 to 3,250 pesetas.

CHAPTER VII.
PERSONAL INJURIES INFLICTED BY VIOLENCE (LESIONES).
ART. 427. He who shall purposely castrate another shall be punished with the penalty of reelwsii, temporal to recbusinPer)etua.
ART. 428. Any other mutilation of the person likewise purposely committed shall be punished with the penalty of reclbtsi4n temporal.
ART. 429. He who shall wound, bruise, or maltreat another shall be punished as guilty of causing serious physical injuries:
1. With the penalty of _pri ;4n mayor if, as the result of the injuries, the person assaulted became an imbecile, impotent, or blind.
2. With that of _prisuM correctional in its medium and maximum degrees if, as a result of such injuries, the person assaulted should have lost an eye or any principal member, or should have been hindered in the use thereof, or become useless for the occupation in which, up to that time, he had been habitually engaged.
3. With the penalty of prison correctional in its minimum and medium degrees if, as the result of such injuries, the person assaulted should have been deformed, or had lost a member not a principal one, or should have had it rendered useless, or should have been, for a period of more than ninety days, ill, or disabled for his usual occupation.
4. With that of arresto mayor in its maximum degree to -prisw4n correccional in its minimum degree if such injuries should have occasioned the assaulted party an illness or disability for work lasting more than thirty days.
If the act should be committed against any of the persons specified in article 413, or with any of the attendant circumstances specified in article 414, the penalties shall be those of reclusin temporal in its medium and maximum degrees, in the case of No. 1 of this article, and that of _prisin correccional in its maximum degree to prisiin mayor in its minimum degree in the case of No. 2; that of priszin cor'receional in its medium and maximum degrees in the case of No. 3;





91

and that of prisi4,n correctional in its minimum and medium degrees in the case of No. 4 of the same.
The injuries which a father may cause his child in too severe a correction are not included in the preceding paragraph.
Neither are those which, by way of correction, masters, or the persons under whose charge they have placed their slaves, may cause them, provided that said correction does not exceed the limit of punishment authorized by the regulations.
ART. 430. If the master should inflict or cause to be inflicted upon a slave the injuries included in Nos. 1 and 2 of the preceding article, the civil liability which he shall incur, according to article 17, shall be extended to the obligatory manumission of the injured person and to the obligation to support him during his life.
If the injuries which the master should thus inflict or cause to be inflicted should be of those included in Nos. 3 and 4 of the preceding article, the civil liability shall be extended to the forced alienation of the slave to a person to whom the author of the crime is not bound by any tie of relationship within the fourth degree.
ART. 431. The penalties mentioned in the preceding article are respectively applicable to the person who, without intent to kill, shall cause another any grave injury by knowingly administering to him noxious substances or beverages, or by taking advantage of his credulity or feebleness of mind.
ART. 432. Injuries not included in the preceding articles, which shall render the injured person unable to work for eight days or more, or require the care of a physician for a similar period, shall be less grave, and shall be punished with arreBto mayor or banishment, and a fine of from 325 to 3,250 pesetas, in the discretion of the courts.
When the lesg grave injury should be inflicted with manifest intent of outrage or under humiliating circumstances, in addition to an esto mayor a fine of from 325 to 3,250 pesetas shall be imposed.
ART. 433. Less grave injuries inflicted on parents, ascendants, guardians of persons or property, teachers, or persons holding public rank or authority, masters, patrons, overseers or major-domos, shall be punished always with prisi6n &wreecional in its minimum and medium degrees.
ART. 434. When, in the quarrelsome brawl defined in article 418, grave injuries should be inflicted upon any person, and it can not be ascertained who caused them, there shall be imposedthe penalty immediatelv lower than that prescribed for the injuries inflicted, upon everyone w7ho shall appear to have exercised any violence upon the person of the party assaulted.
ART. 435. He who shall mutilate himself or give his consent to his mutilation, for the purpose of securing his exemption from military service, and shall have been declared exempt from such service on





92

account of said mutilation, shall incur the penalty of _presido correccional 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 presido correctional 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 shall be that of arresto 'inyor in its medium degree to 1)riidon c(orreeciomd 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 daughters under 23 years of 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.1

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 conffnamiento.
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 _prisidn mayor.
See General Order No. 129, Headquarters Department of Porto Rico, August 24, 1899, page 145.






93

If he inflicts upon him the injuries described in number 1, of article 429, with that of .'
_pri8zon correctional in its medium and maximum degrees.
In any other ease whatsoever the penalty of arrest mayor shall be imposed upon the combatants, even though no injury should result.
ART. 440. In place of the penalties prescribed in the preceding article thare shall be imposed, in case of homicide, that of that of banishment in case of the physical injuries included in number 1, of article 429, and that of a fine of from 325 to 3,250 pesetas in all other cases:
1. Upon the challenged person who should fight because he bad not obtained from his adversary an explanation of the reasons for the duel.
2. Upon the challenged person who should fight because of his adversary having refused to accept adequate explanations or proper satisfaction for the offense given.
3. Upon a person insulted who should fight because he had not been able to obtain from the offender an adequate explanation or proper satisfaction demanded.
ART. 441. The penalties prescribed in article 439 shall be imposed in their maximum degrees:
1. ]Upon the person who shall challenge another to a duel without explaining to his adversary, if he should demand them, the reasons therefor.
2. Upon the person who, having issued a challenge, although he should do so with cause, should reject the adequate explanations or proper satisfaction that his adversary may have offered him.
3. Upon the person who, having done his adversary any injury whatsoever, shall refuse to give him sufficient explanations or proper satisfaction.
ART. 442. He who shall incite another to send or accept a challenge to a duel shall be punished respectively with the penalties prescribed in article 439, if the duel should take place.
ART. 443. Ile who shall revile or publicly discredit another for having refused a challenge shall incur the penalties prescribed for grave outrage.
ART. 444. The seconds of a duel from which death or physical injuries result shall be respectively punished as principals with premeditation in such offenses, should they have incited the duel or employed any manner of treachery in its conduct or in the arrangement of its conditions.
Thev shall be 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.
They shall incur the penalties of arr6 to inayor and a fine of from 625 to 6,250 pesetas if they 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 conditions thereof, shall be punished:
1. *With prisi6n correccional, if neither death nor wounds result theref rom.
2. With the general penalties of this code, if they should result, never falling below that of prisi~n correccional.
ART. 446. There shall likewise be imposed the general penalties of this code, and in addition that of temporary absolute disqualification:
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 II.

ADULTERY.

ART. 447. Adultery shall be punished with the penalty of prisi~n correccion al 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 master or a freedman with that of his patron, shall be punished with the penalty of prisifin 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 may 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






95

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 prhdiwn correccional in its minimum and medium degrees.
The concubine shall be punished with banishment.
The provisions of articles 449 and 450 are applicable to the case referred to in this article.

CIIAPTER I1.

RAPE (VIOLAcI6N) AND WRONGFUL ABUSE OF CHASTITY.

ART. 453. The rape of a woman shall be punished with the penalty of r clusi;n temporal.
Rape is committed by lying with a woman in any of the following cases:
1. If force or intimidation shall be used.
2. If the woman is from any cause deprived of reason or unconscious.
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 servitude he may be, or the wife, daughter, or granddaughter of his master, or a 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 reelusi4n temporal in its medium degree to reelusin poe~etua.
ART. 455. Whosoever shall offend lewdly the person of one of either sex with the attendance of any of the circumstances mentioned in article 453, shall be punished, according to the gravity of the case, with the penalty of prisi6n eorreccional in its medium and maximum degrees.
If the lewd abuse referred to in the foregoing paragraph be committed by the slave against any member of his master's family within the fourth degree of relationship, the penalty shall be that of prisi;n correccional in its maximum degree to pris8wn mayor in its minimum and medium degrees.
CHAPTER 1ll.
CRIMES OF PUBLIC SCANDAL.

ART. 456. He who, being united by an indissoluble religious marriage, should 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 arresto mayor in its maximum degree to prisn correccional in its minimum degree and public censure.
ART. 457. Those who in any way should offend modesty or good morals by acts of grevious scandal or enormity, not expressly included in other articles of this code, shall incur the penalties of arre.to mayor 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, domestic, guardian, or teacher in charge of her education or guardianship, under any name whatsoever, shall be punished with the penalty of jn/s/in correccional in its minimum and medium degrees.
Whosoever shall commit incest with his sister or a descendant of his, even though she were older than 23 years of age, shall incur 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 m ayor.
Any other unchaste abuse committed by the same persons and under similar circumstances shall be punished with the same penalty.
ART. 460. If the seduction were committed by a slave on the person of his mistress, the daughter or granddaughter of his master, or a woman of the family of any one of them related within the fourth degree of relationship and living in their household, the i)enalty shall be that of _prislan cori,,ccdonai in its maximum degree tojn'.aon 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 prisin correcconal in its minimum and medium degrees.
ART. 462. Whosoever shall habitually, or taking advantage of his authority or another's trust, promote or facilitate the prostitution or corruption of minors to satisfy the lusts of another, shall be punished with the penalty of prisidn correccional in its minimum and medium degrees; and temporary absolute disqualification if he were an authority.






97

CHAPTER V.
ABDUCTION (RAPTO).

ART. 463. The abduction of a woman, executed against her will and with unchaste designs, shall be punished with the penalty of reelusidn tempYral.
The same penalty shall be imposed in all cases if the person abducted were under 12 years of age.
ART. 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 recliswn temporal in its medium degree to reclsid'n 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 prisi4n correcconal in its minimum and medium degrees.
The same crime committed by a slave against any of the persons mentioned in the preceding article shall be punished with the penalty of prisw4n correccional in its maximum degree to pri8in 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 _perpetua.

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 committed with unchaste design, the denunciation of the interested party, of her parents, grandparents, or guardians, shall suffice, even though they do not present a formal petition to the judge.
If the person injured should, by reason of her age or mental condition, 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 procurador 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





98

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 marriage of the offended party with the offender.
ART. 468. Those guilty of rape, seduction, or abduction shall be condemned also, by way of indemnification1. To endow the injured woman, if she were unmarried or a widow.
2. To emancipate her if she were under his servitude.
3. To acknowledge the offspring if the character of its origin should 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, taking advantage of their authority or trust, cooperate as accomplices in the )erpetration 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 education or management of the young, shall, furthermore, be condemned to the penalty of temporary special disqualification in its maximum degree to perpetual special disqnalification.
ART. 470. Those included in the preceding article, and any others whatsoever, guilty of the corruption of ininors in the interest 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 council.

TITLE X.
CRIMES AGAINST HONOR.

CHAPTER I.

CAIU.MNY.

ART. 471. Calumny is the false imputation of a crime of those subject to prosecution at the instance of the Government (d fq'cio).
ART. 472. Calumny put into writing and made public shall be punished with the penalties of p'si;'v 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 arre,to 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 writing it shall be punished1. With the penalty of arre.to 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.