The Penal code of the islands of Cuba and Porto Rico

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Material Information

Title:
The Penal code of the islands of Cuba and Porto Rico
Uniform Title:
Código penal para las islas de Cuba y Puerto Rico
Physical Description:
1 online resource (145 pages) : ;
Language:
English
Spanish
Creator:
González Llorente, Pedro, 1827-1905
Cuba
Puerto Rico

Subjects

Subjects / Keywords:
Criminal law -- Cuba   ( lcsh )
Criminal law -- Puerto Rico   ( lcsh )
Genre:
legislation   ( marcgt )
non-fiction   ( marcgt )

Notes

General Note:
"Translated into English with explanatory notes and a glossary of Spanish terms."
General Note:
"The Penal Code of Cuba and Porto Rico (Código Penal para las islas de Cuba y Puerto Rico) went into effect by the Real Decreto of May 23, 1879" Page 133.
General Note:
Preface signed: Pedro González Llorente and six others.

Record Information

Source Institution:
University of Florida
Rights Management:
Copyright Board of Trustees of the University of Florida
Resource Identifier:
oclc - 872594755
ocn872594755
System ID:
AA00021867:00001

Table of Contents
    Front Matter
        Page i
    Half Title
        Page 1
        Page 2
    Title Page
        Page 3
        Page 4
    Preface
        Page 5
        Page 6
    Book I. General provisions regarding crimes and misdemeanors, the persons responsible and the penalties therefor
        Page 7
        Page 8
        Page 9
        Page 10
        Page 11
        Page 12
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    Book II. Of crimes and their penalties
        Page 41
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        Page 119
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    Book III. Of misdemeanors and their penalties
        Page 121
        Page 122
        Page 123
        Page 124
        Page 125
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    Index
        Page 141
        Page 142
        Page 143
        Page 144
        Page 145
Full Text

















This volume was donated to LLMC to enrich its on-line offerings and
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University of Florida Library





















THE PENAL CODE















THE




PENAL CODE







OF THE ISLANDS OF



CUBA AND PORTO RICO





TRANSLATED INTO ENGLISH

'WITl EXPLANATORY NOTES AND A GLOSSARY OF SPANISH TERMS























LA PROPAGANDA LITERARIA
HAVANA
OCTOIBER, 1898

















,THIS translation of the Penal Code of Cuba has been made hastily, but is believed to be substantially correct.
The object of the work has been to furnish general information rather than to express with scientific precision the subtleties of the language of Spanish Law in English terms.
With this explanation to our professional brethren we submit our work.
Havana, October 28, 1898.

PEDRO GONZX LEZ LLORENTE, FEDERICO MORA, CARLOS ZALDO, CLAUDIO G. MENDOZA, FtLIX IZNAGA,
CHARLES IV. GOULD, LLOYD Mc K. GARRISON.





















PENAL CODE.

BOOK FIRST.

General provisions regarding crimes and misdemeanors,
the persons responsible and the penalties therefor.



TITLE FIRST,
OV CRIMES AND MISDEMEANORS, AND OF THE CIRCUMSTANCES WHICHTAKE AWAY, EXTENUATE.
OR AGGRAVATE CRIMINAL RESPONSAI ILITY.

CHAPTER FIRST.
Cf crimes a a. misaemeanors.
Article r. The Voluntary Acts or Omissions punished by Law are Crimes or Misdemeanors.
The acts and omissions punished by law are always presumed to be voluntary, unless the contrary be established.
One who shall voluntarily commit a crime or misdemeanor will incur criminal responsibility, although the wrongful act committed be different from that which he had purposed to do.
Art. 2. In case a Court should take judicial notice of any act that it should deem ivorthy of repression, and that should not be punished by the laws, it shall abstain from all proceedings With respect thereto, and lay before the Government the reasons that induce it to believe this a subject for penal sanction.
In like manner it shall have recourse to the Government, explaining what is expedient, (but without prejudice to its right forthwith to impose sentence), when, in consequence of a rigorous enforcement of the Code's provisions, a manifestly excessive punishment would result, taking into consideration the degree of malice and the harm caused by the crime.







S 'THE PENAL CODE
Art. 3. Not only the Consummiated crime is punishable, but also the Frustrated Crime and the Attempt.. I
That is a Frustrated Crime where the guilty person commits all the acts of performance which should produce the crime as their consequence, but nevertheless do not produce it because of reasons independent of the agent's will.
That is an Attempt, where the guilty person bhv overt acts makes, a beginning dlreitly tending towards the execution of the crime and does not commit all the acts of execution which should produce the crime, for some reason or through some accidcnt, not his own voluntary desistence therefrom.
Art. 4. Conspiracy, and proposition to commit a crime, are only punishable in those cases in which the law especially penalizes them.
A conspiracy exists, when two or more persons concert together for the commission of a crime and resolve to commit it.
A proposition exists, when one who has resolved to commit a crime, proposes its execution to one or more persons.
Art. 5. Misdemeanors are only punishable when they have been consummated.
Frustrated misdeme anors against persons or property are excepted.
Art. 6. Those are called Grave crimes, which the law punishes with penalties, that are, in some one of their degrees, exemplary.
Those are called Less Grave Crimes, which the law represses by punishments that are, in their maximum, degree, correctional.
Misdemeanors are the infractions to which the law affixes light penalties.
Art. 7. Crimes that may be penalized by special laws are not Subject to the provisions of this Code.

CHAPTER HI.

Of the circUmstanCes that take away criminal responsibility.

Art. 8. The following are not delinquent, and consequently are exempt frtom criminal responsibility:
i Imbeciles and Lunatics, unless it be that the latter should have acted during an interval of reason.
When an imbecile or lunatic shall have committed an act which the law defines as a grave crime, the court shall direct his confinement in one of the asylums provided for those thus afflicted, from which he shall not b2 allowed to go forth without the prior authorization of the same Court.
If the law defines the act commited by the imbecile or lunatic as a less grave crime, the Court, according to the circumstances of the act, shall follow the provisions of the paragraph preceding or commit the imbecile or lunatic to the care of his family, if it should, give sufficient security for his safe-keeping..
2. A Minor, nine years of age or under.







OF CUBIA AND P'ORTO RICO 9
3. A Minor, above the age of nine and under that of fifteen years,
'Unless he should have acted with discernment.
The Court shall make an express declaration up'mn this point, either
in imposing a punishrnei~t on him or declaring him irresponsible.
When a minor is declared irresponsible, in conformity with the
provisions of this and the preceding subdivision, he shall be committed

himn. In default of any person who will charge himself with his supervi-ion and education, he shall be sent to a Benevolent Institution for the education of abandoned orphans, from whence he shall not go
f'o. th, except at time and under conditions prescribed for the inmates.
4. One who Acts in D~efense of his Person or Rights, provided
always that the following circumstances are attendant:
First: Unlawful aggression.
Second: Rational necessity of the means employed to prevent or
repel it.
Th~rd: Lack of sufficient provocation on the part of the person
-defending himself.
5. One who acts in defense of the, person or rights of his spouse,
ancestors, descendants, brothers, legitimate, natural or adopted, his relations by affinity in the same degrees, and his blood relations up to the fourth degree of the civil law, always provided that there are present the first and second attendant circumstances prescribed in the foregoing subdivision, and the additional one, that in case provocation proceeded from the person attacked, the person defending him had no
participation in it.
6. A Slave, who acts in defense of his Master, or a gratuitously
ernanciped Freedman, who acts in defense of his Patron; or either of them, who acts in defense of the spouses, ancestors, descendants, or brothers of the said Master or Patron, provided always, that in every case there are present the first and second attendant circumstances prescribed in subdivision 4 of this article, and provided also, that in case provocation proceeded from the person attacked, the person de* fending him had no participation in it.
7. One who Acts in Defense of the Person or Rights of a Stranger,
provided always, that there are present the first and second attendant circumstances prescribed in said subdivision 4, and provided also that the person making such defense was not actuated by revenge, grudge
or any other unlawful motive.
8. One who, to escape an injury, does an act which causes damage
to another's Property, provided always that the following attendant cir,cumstances are present:
First: Reality of the injury he is~ endeavoring to escape.
Second: That it be greater than that caused in order to escape it.
Third: That there be no other practicable and less harmful means
of prvnig'it.
9One, who, while performing a lawful act with due diligence, causes an injury through mere Accident, without fault or intention of causing it.






10 THE PENAL CODE
io. One who acts under Compulsion of an Irresistible Force.
ii. One who acts under Impulse of Ungovernable Fear of an equal or greater injury..
12. One who acts in fulfilment of a Duty, or in the lawful exercise of a lawful right, trade or office.
13. One who acts in virtue of Obedience due to another.
14. One who has fallen into some Omission, owing to having been impeded by some cause, lawful or insuperable.

CHAPTER III.

Of circumstances that extenuate criminal responsibility.
Art. 9 The following are Extenuating Circumstances:
i. Those recited in the foregoing chapter, when all the requisites necessary for taking away responsibility in their respective cases are not attendant.
2. '1 hat the culprit is less than eighteen years of age.
3. That the delinquent had not intended to cause so serious an injury as he actually inflicted.
4. That sufficiently serious provocation or threat had proceeded from the injured party immediately before the act.
5. Having commited the act in the immediate avenging of agrave affront done to the author of the crime, his spouse, ancestors, descendants, legitimate, natural or adopted brothers, or relations by affinity within the same degrees.
6. Tor a slave to have commited the act in the immediate avenging of a grave affront done to his lords or patrons, or their spouses, ancestors, descendants; legitimate, natural or adopted brothers, or relations. by affinity within the same degrees.
7. Having commite I the act in a state of intoxication, if that were not habitual, or were not incurred after planning the commission of the crime.
The Courts shal decide, in view of the circumstances of the persons and of the acts, when drunkenness should be considered habitual.
8. Having acted under such powerful-excitement as would naturally produce entire loss of reason and self-control.
9. Tor a slave to have acted under the incitement of his master.
1o. Lastly, any other circumstance of like character and analogous to the preceding.
CHAPTER IV.
Of circumstances that aggravate criminal responsibility.
Art. io. The following are aggravating circumstances:
r. Should the injured person be the spouse, an ancestor, descendant, legitimate, natural or adopted brother, or a relation by affinity within the same degrees, of the offender.
2. Should the injured person be the master or patron of the of-






OF CU13A AND PORTO RICO it
fender, or a spouse, ancestor or descendant, or a legitimate brother of
the same.
3. To have commited the act with Treachery. Treachery exists,
when the culprit commits any of the crimes against the person, employing in the execution thereof, means, methods or devices, which should tend directly and especially to secure it, without the_ risk to the persn
of the criminal that would result from the defense that the injured person

4. To have committed the crime for price, recompense or promise
ofreward.
5. To have executed it by means of flood, fire, poison, explosion,
the stranding or intentional damaging of ship or cargo, the derailment of a locomotive, or by the use of any other artifice apt to occasion
great damage.
6. To, accomplish the crime, by means of printing, lithography,
photography, or any other analogous means that facilitate publicity.
This circumstance the courts shall take into consideration, in qualify..
Ing it as an aiggravaton or extenuation, according to the nature and
effects of the crime.
7. To deliberately augment the evil of the crime, by causing other
evils unnecessary for its execution.
8. To act with acknowledged premeditation.
9 To employ craft, fraud or disguises.
io. To take wrongful advantage of superior strength or to empi y
means which weaken the defense.
I r. To act in abuse of confidence.
12. To take wrongful advantage of ttie public position held by
the culprit.
13. To employ means or contrive that circumstances shall be
attendant that will add ignominy to the natural consequences of the
deed.
14. PFo commit the crime on the occasion of a fire, shipwreck, or
other calamity or misfortune.
15. To do the deed with the help of armed men who secure or furnish impunity.
16. To do the deed by night, or in an uninhabited place, or in a
7 gang.
.1 ingThis circumstance the Courts shall take into consideration, accord!igto tenature and peculiarities. of the crime.
thriie. To act in contempt of, or with insult towards, the Public AuI8. Where the offender has been previously punished for a crime
to which the law affixes an equal or greater penalty; or for two or more
crimes, to which the law affixes a lesser penalty.
The Courts shall take this circumstance into consideration, accom ding.
to the antecedents of the delinquent and the nature and effects of the
crime.
19. To be a relapser.






32 THE PENAL CODE
Relapsing into crime exists, when, on the culprit being adjudged guilty of one crime, sentence hall have been executed against him for another crime comprehended in the same title of this Code.
20. To committhe crime in a sacred place, in the Palace of the Governor General, or in his presence, or where Public Authority may by exercising its functions.
21. To commit the act with insult or in contempt of the respect to which the aggrieved person was entitled because of rank, age or sex; or to commit the act in his dwelling, provided he did not provoke it.
22. For one not a white man to commit the deed against a white
-mlan.
This circumstance the Courts shall take into consideration, according to the nature and peculiarities of the crime.
23. To do the deed by means of escalamien/o.
Es'calaniento exists when entry is effected through any way not destined for such purpose.
24. To do the deed by breaking through walls, roof or floor, or by forcing doors or windows.
25. For the offender to be a vagrant.
A person is to be deemed a vagrant, who has neither property nor income, is not habitually occupied in any profession, art or trade, has no employment, office, industry, lawful ocupation, or any other known and lawful means of subsistence, even though he may be married and have a fixed domicile.
26. To accomplish the deed by the use of weapons prohibited by the regulations.
TITLE 11.

OF THE PERSONS RESPONSIBLE FOR CRIMES AND MISDEMEANORS.

CHAPTER FIRST.
Of the persons criminally responsible for crimes and misdemeadtors.

Art. iI. The following are criminally responsible for Crimes: i. Principals.
2. Accomplices.
3. Accessories.
The following are criminally responsible for Misdemeanors: i. Principals.
2. Accomplices.
Art, 12. The following are considered Principals:
r. Those who take direct part in the execution of the crime.
2. Those who force or directly induce others to execute it.
3. Those who co-operate in the execution of the deed by an act without which it could not have been executed.
Art. 13. Those are Accomplices, who, not happening to be includ-







OF CUBA AND rORTO RICO I3S.
ed in the preceding article, co-operate inl the execution of the deed by anterior or contemporaneous acts.
Art. 14. Those are Accessories, who, with knowledge of the perpetration of the crime, without having had participation in it as princi-. pals or accomplices, assist in its execution, after the act, in any of themanners following:
I. By themselves making profit, or by assisting the guilty persons to make profit, of the proceeds of the crime.
2. By secreting or destroying the body, proceeds or instruments.. of the crime in order to hinder its discovery .
3. By housing or hiding the criminal, or contriving his escape, provided always some one of the following attendant circumstances. exists :
First. The accessory's intervention in abuse of his public fune-tions.
Second: If the criminal be guilty of treason, regicide, parricide,, assassination or attempt against the life of the Governor General or known to be an habitual criminal, in any other crime.
Art. 15. There shall be exempted from the punishments imposed on accesories, those who may so act in behalf of their spouses, their ancestors, descendants brothers, legitimate natural or adopted or relations by affinity within the same degrees; also slaves and freedmen, so acting with respect to their masters and patrons, or the spouses andother relatives of such persons within the aforesaid degrees, with the sole exception of such accessories as may be included in subdivision I ofthe preceding article.

CHAPTER II.

Of the persons civilly responsible for crime ani mislemeanors.

Art. 16. Every person criminally response for a crime or misdemean or, is also civilly responsible therefor.
Art. 17. The exemption from criminal responsibility declared in subdivisions 1, 2, 3, 8 and xII, of article 8, does not include exemption from civil responsibility, which shall be enforced, in conformity with thefollowing rules:
First. In cases 1, 2 and 3, they are civilly responsible for the acts done by the lunatic or imbecile, the minor under nine years of age, or the minor over that age and under fifteen, provided he shall not have acted with discernment, who have them under their authority, or legal wardship or dominion, unless they establish that there was no blame or negligence on their part.
If there be no one who have them under their authority, or legal wardship' or dominion, or if such persons be insolvent, the said lunatics,,. imbeciles or minors, shall be responsible out of their own property, sayIng, however, the benefit of competency which the civil law establishes.
Second. In the case of subdivision 8, those persons are civilly re--








14 THE PENAL CODE
sponsible. from whom the injury was warded off, in proportion to the benefit which may have resulted to them.
The Courts shall determine, in their prudent discretion, the proportional quota in which each interested person ought to respond.
If the respective quotas may not be equitably apportioned, even by approximation; or if the responsibility extends to the State or the greater part of a towi ; and in every case, if the damage shall have been caused with the assent of the Public Authority or its agents, indemnity shall be made in the form which the laws or especial regulations provide.
Third. In the case of subdivision i i they shall be principally responsible who caused the fright; and subsidiarily, in default of such, those who may have done the act, except, as to these last, there shall be the benefit of competency.
Art. 1S. Itnkeepers, tavern-keepers, and all persons or business enterprises whatever, are likewise civilly responsible, in default of those criminally responsible, for the crimes which may be committed in the establishments which they maintain, provided that through them or their employees an infraction of the general or special regulations of the police may have occurred.
Inkeepers are furthermore subsidiarily responsible for the restitu. tion of the -property stolen in their houses, by force or stealth, from guests therein, or the payment of indemnity, provided that notice shall have been given beforehand to the innkeeper himself or to his superintendent, of the deposit of the goods in the inn; and furthermore, provided that the rules that the said innkeepers or their superintendents may have made, for the care and watching of property, shall have been observed. The innkeeper shall not be responsible in case of robbery by violence or intimidation of the person, except when committed by his employees.
Art. i9. The subsidiary responsibility which is established in the previous article shall also apply to owners, masters, persons and business enterprises, in all branches of industry whatever, for the crimes or misdemeanors of which their slaves, scholars, officers, apprentices or dependants may have been guilty, in the discharge of their obligations or service.

TITLE 111,

OF PUNISHMENTS.

CHAPTER FIRST.

Cf punishments in general.

Art. 20. No crime nor misdemeanor shall be punished with a penalty that shall not have been established by law prior to its perpetration.
Art. 2 1. Penal laws shall hsave a retroactive effect, so far as they







OF CUrA AND PORTO RCO 15
may favor one guilty of a crime or misdemeanor, although at the time of their publication the condemned person should have had final sentence imposed on him and begun to undergo his punishment.
Art 22. The pardon of the injured party does not extinguish criminal liability. This is n t to be understood as app ying to those crimes whihh cannot be proceeded against without the prior denunciation or consent of the injured pat ty.
Civil responsibility. so far as the interest of the patty condoning an offense is concerned, is extinguished by his expressed renunciation.
Art. 23. The following shall not be reputed punishments:
i. The detention or provisional imprisonment of those proceeded against.
2. Suspension from public employment or office, decreed during proceedings, or in order to open them.
3. The fines and other corrections that superiors may impose on their subordinates, or persons under their direction, in the exercise of governmental or disciplinary powers.
4. The deprivations of rights, and the reparations that the civil laws may establish in penal form.

CHAPTER II.

Of the classification of punishments.
Art. 24. The penalties that can be imposed according to this Code, and the different classes thereof, are those comprised in the following

Exempla), unishmetls. (Penas aflictivas).
Death.
Cadelna _peietua.
.Reclusiodn epe;leta.
Rclegacidi lelc/ta.
Perpetual expulsion.
Cadena temporal.
Reclusidn temporal.
Releacidn teinforal.
Temporary expulsi6n.
Presidio mayor.
Prisidn mayor.
Coifnamiento.
Perpetual absolute disqualification.
Temporary absolute disqualification.
Perpetual especial disqualifi- From public office, the right of sufcation ............... "Fopulcfi ,thrgtofsTemporary especial disqua- frage, active and passive, profeslification ..............I sion or trade.






I6 THE PENAL CODE
Corretional punishments.

Presidio correcional.
P-isidn correctional.
Banishment,
Public Censure,
Suspension from public office, the right of suffi age, active and passive, profession or trade.
Arresto MAayor.

Light punishments. Arresto Menor.
Private Censure.

PUNISHMENTS COMMON TO THE THREE PRECEDING CLASSES.

Fine.
Caution.

Accessory punishments.
Degradation,
Interdiccidn Civil.
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 alone, shall be reputed an exemplary punishment if it should exceed 6250 pesetas; correctional, if it should not exceed 6250 pesetas and were not less than 325; and light, if it should not amount to 325 pesetas.
Art. 26. The penalties of disqualification and suspension from public employments and the right of suffrage, are accessory punishments in those cases where the law does not impose them especially, but declares that other penalties shall carry them along with them.
The costs of criminal proceedings are to be understood as imposed by law on all criminally responsible for each crime or misdemeanor.

CHAPTER III.

Of the duration and effects of punishments.

Section first.

Of the duration of punishments.

Art. 27. Those condemned to the penalties of perpetual expuision, and cadena, rcceusid'n and rlelgacidn ppetuas, shall be pardoned,.







OF CUBA AND PORTO, RICO 17
upon the completion of thirty years of their sentence, unless, in the opinion of the Government, they should not be worthy of pardon on account of their conduct or other grave circumstances.
The penalties of cadena, rcclusidn and relegacidn teniporales and of temporary expulsion, shall last from twelve years and a day to twenty years.
Those of presidio mayor and prisio'n mayor, and of confinamiento shall last from six years and a day to twelve years.
Those of temporary absolute, and temporary especial disqualification, shall last from six years and a day to twelve years.
Those of presidio correccional and prisidn correccional and of banishment, shall last from six months and a day to six years.
TPhat of suspension shall last from a month and a day to six years.
That of arresto mayor shall last from one month and a day to six months.
That of arresto menior shall last from one to thirty days.
That of caution shall last during such time as the Courts may determine.
Art. 28. The provisions of the preceding article do not apply to punishments that are imposed as accessory to others, in which case the accessory punishments shall have the respective duration that may have been determined by the lawv.
Art. 29. When the guilty person is imprisoned, the duration of the temporal punishments shall begin to count from the day on which the condemnatory sentence is made final.
If the guilty person should not be imprisoned, the duration of the punishments that consist in the deprival of liberty *shall begin to be reckoned from the day in which lie is put at the disposition of the judicial authorities to undergo his sentence.
The duration of the punishments of expulsion, coi~nanziento and banishment, shall not begin to be reckoned, except from the day upon which the guilty person shall have begun to undergo his punishment.
If the guilty person should have recourse to -an appeal, and that should be rejected, the time elapsed between the sentence from which he appealed and that which rejected the appeal, shall not be allowed himas a part of his punishment.

Section second.

Of the effects of punishments according to their respective nature.

Art. 30. 'The penalty of perpetual absolute disqualification sliall produce the following effects:
i. The deprivation of all honors and public offices and employments that the person punished held, although they should have come from popular election.
2. The deprivation of the right of electing, and of being elected,
-to public offices that are the subject of popular election.






THE PENAL CODE

3. The incapacitation from obtaining the aforementioned honors, offices, employments and rights.
4. The loss of all right to retired pay, honorarium, or other pension, for employments previously filled, without prejudice to the allowance that the Goverment may concede him for eminent services.
The rights already acquired at the time of the condemnation by the widow and sons of the person punished, are not included in the provisions of this subdivision.
Art. 31. The penalty of temporary absolute disqualification shall produce the following effects:
i. The deprivation of all the honors, public employments and offices that the person punished held, although they should have come from popular election.
2. The deprivation of the right to elect and to be elected to public offices that are the subject of popular election, during the term of the sentence.
3. The incapacitation, likewise during the term of the sentence, from obtaining the honors, employments, offices and rights mentioned in subdivision i.
Art. 32. Perpetual especial disqualification from public office, shall produce the following effects:
i. The deprivation of the office or employment from which the the person shall be disqualified, and of the honors belonging thereto.
2. Incapacitation from obtaining other analogous offices or employments.
Art- 33. Perpetual especial disqualification from the. right Of SUffrage, shall perpetually deprive the person punished of the right to elect and be elected to any public office that is the subject of popular election, from which he has been disqualified.
Art- 34. Temporary especial disqualification from public office shall produce the following effects:
i. Deprivation ot the office or employment, from which the person
-punished may be disqualified, and of the honors belonging thereto.
2. Incapacitation from obtaining analogous offices or employments during the term of the sentence.
Art, 35. Temporary especial disqualification from the right of suffrage shall deprive the person punished of the right to elect and be elected to any public office that is the subject of popular election and from which he has been disqualified, during the term of his sentence.
Art. 36. Suspension from a public office shall disable the punished person in its exercise and from obtaining analogous offices during the teffn of his sentence.
Art. 37- Suspension from the right of suffrage shall likewise disable the punished person in its exercise during the term of his sentence.
Art- A If the penalty of disqualification in any of its classes, and that of suspension, should fall'on ecclesiastical persons, the effects thereof shall be limited to those offices, rights and honors which such persons do






OF CUBA AND PORIO RICO 19
not derive from the Church, and to the allowance that they have a right to receive on account of their ecclesiastical office.
Art. 39. Perpetual especial disqualification from a profession or trade shall perpetually deprive the person punished of the privilege of their exercise.
Temporary disqualification therefrom shall work a like deprivation during the term of the sentence.
Art- 40. Suspension from profession or trade shall produce the same effects as temporary disqualification, during the term of the sentence.
Art. 41. Intei-diccidn Civil shall deprive the person punished, during the time that he shall undergo it, from the rights of paternal authority, guardianship of person or property, participation in the Family Council, marital authority, the administration of property and the right of disposing of his own property by acts inter vivos. Those cases in which the law limits the effect of this punishment are excepted.
Art. 42. Subjection to the surveillance of the Authorities imposes the following obligations on the person punished:
i. To fix his domicil and give notice thereof to the authority immediately charged with his surveillance, without the power of changing it, unless with the knowledge and permission of the same authohty given in writing.
2. To observe the rules of inspection prescribed.
3. To adopt some trade, art, industry or profession, if he should not have any known means of subsistence belonging to him.
Whenever a person punished rests under the surveillance of the authorities, notice thereof shall be given to the Government, and to the Governor General.
Art. 43. The punishment of caution shall impose the obligation on the punished person, of producing a sufficient bondsman, who shall become responsible, in terms conditioned that the person cautioned shall not commit the injury which it is intended to prevent, and obliging him to pay, if such injury be committed, the amount fixed by the Court in the sentence.
The Court shall determine, according to its prudent discretion, the time for which such security shall be given.
If the person punished should not furnish it, he shall incur the penalty of banishment.
Art. 44. Those sentenced to the penalties of disqualification from public office, the right of suffrage, profession or trade, perpetually or temporarily, may be reinstated in the form that the law determines.
Art. 45. The grace of pardon shall not work a reinstatement in the exercise of such public offices and the right of suffrage, if such reinstatement should not be especially conceded in the pardon.
Art. 46. Costs shall comprise the fees and indemnifications incurred in the judicial proceedings, whether' consisting of fixed or unalterable sums theretofore determined by laws, regulations or royal orders, or not regulated by a fixed tariff (Arancel).






o THE PENAL CODE
Art. 47. The amount of the fees and indemnifications not previously determined in the terms prescribed in the preceding article, shall be fixed by the Court in the form established by the law of Criminal Procedtire (Ley de Ei juicianzienlo Criminal).
Art. 48. In case the property of the person punished sh )uld not be sufficient to discharge all his pecuniary liabilities, these shall be satisfied in the following order:
i.. The reparation of the damage caused and the indemnification of losses.
2. The indemnification of the State for the amount of stamped paper and other expenses it should have been at, in the proceedings on his account.
3. The costs of an individual accuser.
4. The other costs of the proceedings, including the defense of the person prosecuted, without preference amongst those interested.
5. The fine.
If the crime should have been one of those that alone can be prosecuted upon the petition of a private party, the costs of the accuser shall be satisfied in preference to the indemnification of the State.
Art. 49. If the condemned person should not have property to pay the pecuniary liabilities embraced in Subdivisions 1, 3 and 5 of the preceding article, he shall remain subjected to a subsidiary personal liability, at the rate of one day for every twelve and a half pesetas, according to the following rules:
i. If the principal punishment imposed were to be undergone by the criminal's being imprisoned in a penal institution, he shall continue therein, but such detention shalt not exceed the third part of the term of the sentence, and in no case, one year.
2. If the principal punishment imposed were not to be undergone by the criminal's being imprisoned in a penal institution, but should have a fixed duration, he shall continue subject, for the period fixed in the preceding subdivision, to the same deprivations of which the penalty may consist.
3. If the principal punishment imposed should be that of censure, fine or caution, the guilty insolvent shall suffer in the district jail a detention that shall not exceed in any case six months, if the proceedings should have been instituted to punish a crime, nor fifteen days if they should have been instituted to correct a misdemeanor.
Art- 5o Thesubsidiary personal responsibility, arising through insolvency, shall not be imposed on any person condemned to any punishment superior in the general scale to that ofpres&z*o correcciona4
Art. 5r. The personal responsibility that the guilty person may have suffered by reason of such insolvency, shall not exempt him from reparation for the damage, and indemnification of the losses he had caused, if he should succeed in bettering his fortunes; but he shall be exempted from the other pecuniary responsibilities comprised in subdivisions 3 and
5 of article 48.







OF CUBA AND PORTO RICO 21
Section third.

Of penalties that carry along other accessory penalties.

Art. 52. The penalty of death, if it shall not have been executed, on account of the culprit having been pardoned. shall carry along with it those of perpetual absolute disqualification and subjection of the culprit to the surveillance of the authorities for the term of his life, if such accessory penalties should not have been especially remitted by the pardon.
Art. 53. The penalty of cadenaperiletua shall carry along with it the following:
i. Degradation, in a case where the principal penalty of cadeza perpetua should have been imposed upon a public functionary for an abuse committel in the exercise of his office, if this were one of those that confer a permanent character upon the holder thereof.
2. Interdicciin Civil.
3. Subjection to the surveillance of the authorities during the lifetime of the person punished.
Although the culprit should obtain pardon from his principal penalty, he shall suffer that of perpetual absolute disqualification and subjection to the surveillance of the authorities during his life time, if these accessory penalties should not have been especially remitted by the pardon of the principal one.
Art. 54. The penalties of reclusidn peipetta, relkacidn perpetua, and perpetual expulsion, shall carry along with them those of perpetual absolute disqualification and subjection of the surveillance of the authorities during the life of the condemned, which he shall suffer, although he may have been pardoned upon the principal penalty, if these accessory penalties have not been especially remitted by the pardon.
Art. 55. The penalty of cadena temporal shall carry along with it the following:
i. Tile civil interdiction of the convict during the term of his sentence.
2. Perpetual absolute disqualification.
3. Subjection to the surveillance of the authorities during the convict's life.
Art. 56. The penalty of plesidio mayor shall carry along with it those of temporary absolute disqualification in its fullest extent and subjection to the surveillance of the authorities for a period equal to that of the principal penalty, which shall begin to be reckoned from the completion of the same.
Art. 57. The penalty ofpresidio correccional shall carry along with it that of suspension from all public office, profession, trade, or right of suffrage.
Art. 58. The penalties of temporary reclsidn, relegacidn, and expulsion, shall carry along with them those of temporary absolute disqualification in its fullest extent and subjection to the surveillance ot







22 THLE PENAL CODE
the authorities during the term of the sentence and an additional period of the same length, which shall begin to be reckoned from the completion of the sentence.
Art. 59. The penalty of con,'fnamien/o shall carry along with it those of temporary absolute disqualification, and subjection to the surveillance of the authorities, during the term of the sentence and an additional period eqiially long, which shall begin to be reckoned from the completion of the sentence.
Art. 6ob. The penalties of prisio'n mayor and correccional and arresto mayor shall carry along with them a -suspension from all office and from the right of suffrage during the term of the sentence.
Art. 61r. Every penalty that shall be imposed for a crime shall carry along with it the forfeiture of the proceeds of said crime, and of the instruments with which it was carried out.
Both shall be confiscated, unless they belong to a thir d perso n not responsible for the crime.
Those thus confiscated shall be sold, if the subject Of lawful trade, and their proceeds applied to covering the liabilities of the convict; or, if they are illicit art icles, they shall be destroyed.

CHAPTER IV.

Of the application of penalties.

Section first.

-Rules for the a/pplca/ion of penalties to -Principals
in a consa;i ma/ed crime, fru s/rated crime, andi attempt; and to accomplices and accessories therein.

Art. 62. Upon the principals in a crime or misdemeanor, that penalty shall be imposed which has- been affixed by the law.
Whenever the law establishes the penalty for a crime in general terms, it shall be understood as imposing such penalty upon the consummated crime.
Art. 63. In those cases, in which the crime accomplished is different from that which the Culprit had purposed to commit, the following rules will be observed:
i. If the penalty affixed to the accomplished crime should be higher than that corresponding to the crime which the culprit had purposed to commit, the penalty appropriate to the second, shall be imposed on the Culprit in its maximum degree.
2. If the penalty affixed to the accomplished crime should be lower than that affixed to the one which the culprit had purposed to commit, the penalty appropriate to the former shall be imposed on him, also in its highest degree.
3. The provisions of the preceding rule shall have no effect, if the







OF CU13A AND PORTO RICO 23
acts committed by the culprit should constitute, besides, an attempt to commit another crime, or another frustrated crime, if the lawv punishes these acts with a higher penalty, in which case, that appropriate to the attempt or frustrated crime shall be imposed in its maximum degree.
Art. 64. Upon the principals in a frustrated crime shall be imposed the penalty immediately inferior in degree to that affixed by the law to the consummated crime.
The same rule shall be observed regarding the principals in frustrated misdemeanors.
Art. 65. Upon the principals in an attempt to commit a crime shall be imposed a penalty inferior by twvo degrees to that affixed by law to the consummated crime.
Art. 66. Upon the accomplices in a consummated crime shall be imposed the penalty immediately inferior in degree to that~affixed by law to the consummated crime.
Art. 67. Upon the accessories in a consummated crime shall be imposed the penalty inferior by two degrees to that affixed by law to the consummated crime.
Art. 68. Upon the accomplices in a frustrated crime shall be imposed the penalty immediately inferior in degree to that affixed by lawto the frustrated cr~me.
Art. 69. Upon the accessories in a frustrated crime shall be imposed the penalty inferior by two degrees to that affixed by law to the frustrated crime.
Art. 70. Upon the accomplices in an attempt to commit a crime shall be imposed a penalty immediately, inferior in degree to that affixed by law to the attempt to commit the ctlime.
Art. 71. Upon the accessories in an attempt to commit a crime shall be imposed the penalty inferior by two degrecs to that affixed by law to the attempt to commit the crime.
Art. 72. There are excepted from the provisions of articles 67, 69 and 7', the accomplices comprised in subdivision 3 of Article 14, in whose cases are present the first attendant circumstaLnce set out in said subdivision. Upon such person the penalty of perpetual especial disqualification shall be imposed, if the delinquent harboured should have been guilty of grave crime; and that of temporary especial disqualification if he Fhould have been gulty of a crime less grave.
Art. 73. The general provisions contained in articles 64 tip to 72 inclusive, shall have no application to those cases, in which the frustrated crime, the attempt, the complicity,, or the participation after the fact (encub;-inienz/o), shall have been especially penalized by law. wit Art. 74. In order to. graduate the penalties that, in conformity
-%ihthe provisions of articles 64 to 72 inclusive, should be imposed on the principals in a frustrated crime and an attempt to commit crime; and upon the accomplices. and accessories, the following rules shall be observed:
I. When the penalty affixed to the crime is one single and indivisible, the penalty "immediately inferior" shall be that coming next







24 THE PENAL CODE
in number in the graduated scale with respect to the indivisible penalty.
2. When the penalty affixed to the crime is composed of two indivisible penalties, or of one or more divisible penaltiei imposed in their fullest extent, the penalty "immediately inferior" shall be that which comes next in number in the graduated scale, with respect to the lesser of the penalties imposed.
3. When the penalty affixed to the crime is composed of one or two indivisible penalties and the maximum degree of another divisible penalty, the penalty "immediately inferior" shall consist of the medium and minimum degrees of the divisible penalty and the maximum degree of the one that comes next in number in the respective graduated scale.
4.When the penalty affixed to the crime is composed of various degrees. corresponding to several divisible penalties, the penalty "immediately infefior" shall consist of the degree that follows the least of those constituting the penalty imposed, and of the twvo others next immediate, which will be taken from the penalty imposed, if it should have such degrees, and otherwise from the penalty coming next in number in the respective graduated scale.
5. When the lawv affixes the penalty to the ciime in a form not particularly provided for in the four preceding rules, the courts, proceed. ing by analogy, shall impose the penalties appropiate to principals, acomplices and accessories in a frustrated crime and in an attempt to commit a crime.
Art. 75. When the penalty affixed by law to a crime should have been included in two scales, the graduation prescribed in the preceding article shall be made according to the scale that comprises the penalties by which are punished the greater part of the crimes treated of in the section, chapter or title, in which the crime is contained.







DEMONSTRATIVE TABLE OF THE PROVISIONS OFTHIS CHAPTER.


Penalty affixed to Penalty belonging Penalty belonging to Penalty belonging Penalty belonging to
the crime. to the Principal Principal in At- to Accessory in Accessory in Atltemptil
in the Frustrated tempt at consumma. Frustrated Crime to commit a crime. Crime, and the ted c ime, Accessoiy and Accomplices Accomplice in the in same crime, and in Attempts. Consummated Acconmplice in FrusCrime. trated Crime.

ISt. case Death. Cadena Peirpetua. Cadena Temporal. Presidio Mayor. -residio Correctional

2nd. case. From Cadena Per- Cadena Temporal. Presidio Mayo Presidio Correccio- Arresto Mayor.
.petua to Death. nal.
o
3rd. case From Cadena Tem- Presidio Mayo r Presidio Correccional Arresto Mayor from Fine and Arresto Maporal in its max- from its maxi- from its maximum its maximum de- yor in its minimum o
imum degree, to mum degree to degree to Presidtio gree to I)esidio and mediumdegrees
Death. CaGdena Tempo-ai Mayjor in its med- Corrcc cional in o
in its medium de- ium degree. its medium degree. gree.

4th. case From Presidio Ma- Presidio Correccio- Arresto Mayo)r from Fine, and Arresto Fine.
yor in its max nal from its max its maximum de- Alayorin itsminimum degree to imum degree to gree to Presidio Co- imum and medCadena Tenmporal Presidio Mayor in ri ecccional in its ium degree.
in its medium its medium de- medium degree.
degree. gree.







26 TiHE PENAL CODE
Section Second.

Ru/cs for the application of Jenaitics withiregard to ex/ciliatingand a,,grava/lug circumstances

Art. 76. Extenuating or aggravating circumstances shall be taken, into consideration in diminishing or increasing the punishment, according to the cases, and in conformity with the rules prescribed ia this. section.
Art. 7 7 Those aggravating circumstances which themselves constitute a crime for which the lawv has especially provided a penalty, or which the law 'has mentioned in describing it and penalizing it, shall not have the effect of increasing a penalty.
Nor shall this effect be produced by those aggravating circunistances that are inherent in such measure to the crime, that without theattendance thereof the crime could not be committed.
A'rt. 78 Those aggravating or extenuating circumstances that consist in the moral condition of the delinquent, or in his private relations with the injured party, or in any other personal cause, shall Eerve to aggravate or diminish the responsibility of only such principals, accomplices or accessories as may be affected thereby.
Those circumstances that consist in the material execution of thedeed, or in the means employed to accomplish it, shall serve to aggravate or diminish the responsibility of those persons only who were acquainted with said circumstances at the moment of the commission of the crime, or of their co-operation therein.
Art. 79 in those cases to which the lawv affixes only one indivisible penalty, the Courts shall apply it without consideration to the aggravating or extenuating circumstances attending the act.
In those cases to which the law affixes a punishment composed of two indivisible penalties, the following rules shall be observed in the application thereof:.
i. If some aggravating circumstance alone should have attended the act, the higher penalty shall be applied.
2. If neither extenuating nor aggravating circumstances should have attended the act, the lesser penalty shall be applied.
3. If some extenuating circumstance and no aggravating one should have attended the act, the lesser penalty shall be applied.
4. If both aggravating and extenuating circumstances should have attended the act, the Courtts shall make rational allowance thercfor, with regard to their number or importance, ia order to apply the penalty in harmony with the preceding rules, according to the result produced by such allowance.
Art. So. In those cases in which the penalty affixed by the law contains three degrees, xvhtther it be a single divisible penalty, or wvhether it be composed of three different penalties, each onte of which forms a degree, in accordance with the provisions of articles 95 and 96, the Courts.







OF CUBA AND PORTO RICO 27
will observe in applying the penalty, the following rules, according to there being or not being extenuating or aggravating circumstances:
I. If neither aggravating nor extenuating circumstances should have attended the commission of the act, they shall impose the penalty affixed by law in its medium degree.
2. If only some extenuating circumstances should have attended the act, they shall impose the penaltyin its minimum degree.
3. If only some aggravating circumstances should have attended the act, they shall impose the penalty in its maximum degree.
4. If both extenuating and aggravating circumstances, should have attended the act, they shall make rational allowance in the designation of the penalty by estimating the weight of the one and the other.
5. If there should be two or more extenuating circumstances and of a very marked character, and no aggravating circumstance should have attended the act, the Court shall impose the penalty immediately inferior to that affixed by, the law, in the degree that it deems appropriate, according to the number and importance of such circumstances.
6. Whatever may be the number and importance of the aggravating circumstances, the Courts may not impose a higher penalty than that affixed'by the law, in its maximum degree.
7. Within the limits of each degree, the Courts shall determine the extent of the penalty, taking into consideration the number and importance of the aggravating and extenuating circumstances, and tli greater or lesser extent of the evil produced by the crime.
Art. 81. In those cases in which the penalty affixed by the law is not composed of three degrees, the Courts shall apply the rules contained in the preceding articles, dividing into three equal periods the term comprised in the penalty imposed, and f,)rming one degree of each of the three periods.
Art. 82. In the application of fines, the Courts may go to the full extent within which the law permits their imposition, taking into consideration in order to determine in each case the am ount of the fine, not only 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 take away responsibility in the case specified in subdivision 9 of Article 8 should not be attend ant, the provisions of Article 590 shall be observed.
Art. 84. Upon the minor under fifteen but over nine years of age, not exempted from responsibility, because the Court should have declared that he acted with discernment, a discretionary penalty shall be imposed, but always inferior by two degrees at least to that affixed by law to the crime which he committed.
To one above fifteen and below eighteen years of age the penalties shall always be imposed in the appropriate degree immediately inferior to that affixed by the law.
Art. 85. A penalty inferior by one or two degrees to that affixed by the law will be imposed, if the act were not wholly excusable because of -the lack of 5ome of the conditions necessary to take away criminal







:2S TIE PENAL CODE
responsibility, in the respective cases mentioned in Article 8, provided that the greater number of said conditions be attendant, the penalty being imposed in the degree that the Courts may deem appropriate, taking into consideration the number and importance of the conditions wanting or present.
This provision is to be understood as without prejudice to the provision contained in article 83.

Section Third.
Provisions con mmon to /he two receding sections.
Art. 86. Upon one guilty of two or more crimes or misdemeanors shall be imposed all the penalties appropriate to the several infractions of the law, to be simultaneously served if possible, considering the nature
-and effects of such penalties.
Art. 87. If all or some of the penalties appropriate to such diverse infractions of the law could not be simultaneously served by the person condemned, the following rules shall be observed:
i. In the imposition of the penalties the order of their respective severity shall be followed, with a view to their being successively undergone, so far as possible; by the person condemned having obtained pardon for, or served out, those first imposed.
For the observance of the provision of the preceding paragraph, the respective severity of the penalties will be determined in conformity with the following scale:
Death.
Cadena Peqclna
Cadena Temporal.
Rec/usidn P'rpeua.
Neclsidn TenporaL.
.Presidio Mayor.
B-isidn Mfajor.
Presidio Correccional P, isidn Correccional.
Arreslo M"ayor.
Reegacidn Perpetua.
Aelegacidn Temporal.
Perpetual expulsion.
Temporary expulsion.
Conlnanmienfo.
Banishment.
2. Notwithstanding the provisions of the preceding rule, the maximum duration of the culprit's condemnation shall not exceed triple the time which the most severe of the penalties that he had incurred should have imposed on him; and the Courts shall cease imposing on him other and appropriate penalties, when those already imposed shall have covered the maximum of the aforementioned term.







OF CUBA AND PORTO RICO 29In no case shall such maximum term exceed forty years.
In the application of the provisions of this rule, the duration of a "perpetual" penalty shall be computed at thirty years.
Art. 88. The provisions of the preceding 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 those cases, only the penalty appropriate to the graver crime shall be imposed, applying it in its maximum degree.
Art. 89. Whenever the Courts should impose a penalty that carries along with it, by the provision of the law, certain others, according to what is prescribed in Section third of the preceding chapter, they shall also sentence the culprit to these last penalties in express terms.
Art. go. In those cases to which the law affixes a penalty inferior or superior by one or two degrees to another given penalty, the rules prescribed in Articles 74 and 75 shall be observed, in graduating it.
The penalty inferior or superior shall be taken from the graduated scale in which the given penalty may be comprised.
If a penalty superior to that of arrest mayor is to be applied, it shall be taken from the scale in which are comprised the penalties affixed to the graver crimes of the same character- as that punished by arreslo mayor.
The Courts shall bear in mind, in making. application of a penalty inferior or superior, the following



SCALE NUMBER I. i. Death.
2. Cadena Perpeta.
3. Cadena Temporal.
4. Presidio Mlayor.
5. Presidio Correccional.
6. Arrest.
SCALE NUMBER 2. i. Death.
2. Reclsidn Perpetua.
3. Rechsin Tenporal.
4. Prisidn Mayor.
5. Prisidn Correccional.
6. Arrest.
SCALE NUMBER 3. i. Relegacidn Perpetua.
2. Relegacidn Tempjoral.
3. Confinamiento.
4. Banishment.
5. Public Censure.
6. Caution.







30 THE PENAL CODE
SCALE NUMBER 4.

r. Perpetual Expulsion.
2. Temporary Expulsion.
3 Coinamten/o.
4. Banishment.
5. Public Censure.
6. Caution.
SCALE: NUMBER 5.

i. Perpetual Absolute Disqualification.
2. Temporary Absolute Disqualification.

SPublic Office, Right of Suffrage, 3. Suspension from..... active and passive, Profession
) or trade.

SCALE NUAILER 6.

i Perpetual especial Disqualification ................From Public Office, Right of Suf.frage, active and passive, pro2. Temporary Especial Dis- fession or trade.
qualification.

SFrom: Public Office, Right of Suf 3. Suspension .... .... frage, active and passive, pro) fession or trade.

Art. 9r. The fine shall be considered as the last penalty in every
one of the preceding graduated scales.
If it should be imposed in this capacity, the subsidiary responsibility relating thereto or account of the culprit's insolvency as established in article 49 shall not exceed the duration of the term belonging to the
penalty immediately superior in the respective scale.
Art. 92. In the cases to which the law affixes a superior penalty
to another given penalty, without specifically designating which, if there should be no superior penalty in the respective scale, or if such given
*penalty should be that of death, the following shall be considered as
penalties immediately superior:
i. If the given penalty were cadena or r-ecbisin per5chia, or perpetual disqualification, absolute or especial, the same penalties shall be deemed immediately superior, 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 the given pehalty should be that of relega(cidrz peqepua, the
penalty immediately superior shall be r-eelusidnjerpehia.






OF CUBA AND PORTO RICO 31
3. If the given penalty should be that of perpetual expulsion the penalty immediately superior shall be that of re/egacidn perpetla.
Art. 93. Whenever it be necessary to increase or lower the penalty of fine by one or more degrees, it shall be increased or lowered respectively by the fourth part of the maximum amount of the fine prescribed by law for each degree; and in lesenng it, the reverse operation shall take place.
The same rules shall be observed as regards fines that do not consist of a fixed amount but a proportional amount, Art. 94. Whenever womefi shall incur crimes, which this Code punishes with the penalties of cadenaperelua or cadena lemporal, or with those of presidio mayor or presidio correccional, there shall be respectively imposed upon them the penalties of reclusidn perpetua or lemjoiral, prisidn mayor or correccional.
Art. 95. With respect to the divisible penalties, the legal period
- of duration is understood as distributed into three parts, that form the three degrees, minimum, medium and maximum, in the manner expressed in the following demonstrative table:






DEMONSTRATIVE TABLE of the Duration of the Divisible Penalties and of the Time which each one of their Degrees comprises.

Time embraced by Time embraced in its Time embraced in its Time embraced in its PENALTIES. the Penalty in its Minimum Degree. Medium Degree. Maximum Degree.
Entire ly.

TEMPORARY Cadena, -Reclu-From r2 years and From 12 years and'a From 14 years, 8 From 17 years, 4 sidn, Relegacidn, ExuZl- a day to 20 years, day to 14 years months and a day months and a day
sion. and 8 months to 17 years and 4 to 20 years.
months.

Presidio & Prision mayor. From 6 years and a From 6 years and a From 8 years and a From io years and a
Conqfnamiento. TEMPO- day to [2 years day to 8 yeas. day to io years. day to 12 years.
RARY absolute or especial
Disqualification.

Presidio & Prisidn Correc- From 6 months and From 6 months and From2years4months From 4 years, 2 cional. a day to 6 years. a day to 2 years & a day to 4 years months and a day
Banishment. and 4 months. & 2 months, to 6 years,

Suspension. From i month and From i month and a From 2 years and a From 4 years and a
a day to 6 years. day to 2 years. day to 4 years. day to 6 years.

Arresto fMayor. From i month and From i to 2 months. From 2 months and From 4 months and
a day to 6 months. a day to 4 months, a day to 6 months.

Arreslo Menor. From i to 3o days. From i to io days. From i I to 20 days. From 21 to 30 days.







OF CUBA AND PORT~O RICO 33
Art. 96. In those cases in which the law affixes a penalty composed of three distinct penalties, each one of them shall form a degree. The lightest of them shall form the minimum degree, the next, the medium, and the most severe, the maximum degree.
Whenever the penalty affixed has none of the forms especially provided in this book, the degrees shall be distributed by applying the fixed rules, by way of analogy.

CHAPTER V.

Of the manner in which penalties are executed and undergone.

Section first.

General provisions.

Art. 97. No penalty shall be carried into effect unless by virtue ot final sentence (sen~encijirwe).
Art. 98. Nor shall any penalty be executed in any other form than that prescribed by the law, nor with any other circumstances or incidents than those expressed in its text.
Besides the provisions of the law, there shall also be observed what is provided in the especial regulations for the management of the institutions in which the penalties are to be undergone, as regards the nature, time and other circumstances concerning the labours, the relations of the convicts among themselves and with other persons, the relief which they may receive, and their diet.
The regulations shall provi-de for the separation of the sexes in different institutions, or at least in different departments of one institution.
'Art. 99. If a delinquent should become insane or imbecile after final sentence should have been pronounced upon him, the execution thereof shall be suspended only as regards the personal penalty, and the provisions established in paragraphs second and third of subdivision r of article 8 shall be observed in their respective cases.
At. any time when the delinquent shall recover his reason he shall complete his scnitence, unless the penalty should have become prescribed, in accordance with the provisions of this Code.
The respective provisions of this section shall also be observed, if the insanity or imbecility should occur while the convict is undergoing his sentence.

Section second.

Of _principal penalties.

Art. ioo. The penalty of death shall be executed by the garrote upon a scaffold.
The execution shall take place twenty-fqur hours after the notifica-






34 THE PENAL CODE
tion of sentence, by day, with publicity, and in such place as is generally set apart for the purpose, or in such other as the Court may determine, when there are especial reasons therefor.
This penalty shall not be executed upon religious or national holidays.
Art. ioi. Until there shall be a place provided in the jails for the public execution of the death penalty, the person sentenced to it, 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, should there be no such carriage.
Art. 3o2. The corpse of the person executed shall be exposed on the scaffold for four hours, after which it shall be buried; and it may be 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 piepetna and cadena temporal shall be served at any of the places provided for such purpose, to the exclusion of the Islands of Cuba and Porto Rico.
Art. 1o5. Those sentenced to cadena lemporal or cadena peipetna shall labour for the benefit of the State; they shall always carry a chain at the ankle, hanging from the waist; they shall be employed in hard and painful labour and shall receive no assistance from without the institutions.
Notwithstanding, if the Court, taking into consideration the age, health, condition, or any other personal circumstance of the delinquent, should believe that he ought to undergo his penalty in labours within the establishment, it shall so declare in the sentence.
Art. iof6. Those sentenced to calena temporal or catlen petpelita, shall not be assigned to private works, or to public works that are executed by business enterprise, or through contracts with the government.
Art. 107. One condemned to cadena temporal or cadena peieila, who should have reached the age of sixty years before the passing of sentence, shall serve his sentence at a prison for serving the penalty of presidio major.
If he should reach that age while undergoing his sentence, he shall be transferred to the same penal institution, in which he shall remain for the time prescribed in the sentence.
Art. io8. Rechisidn peipetna and reclusidn lemporal shall be served in institutions situated within or without the Islands of Cuba and Porto Rico.
Those condemned to these penalties shall be subject to forced labour for the benefit of the State within the precincts of the institution.
Art. iO9. The penalties of relegacidn perpetla and relegacidl te;mporal 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






OF CUBA AND PORTO RICO 35
authorities, to their profession or trade, within the radius to which the limits of the penal institution extend.
Art. I 10. 'Those sentenced to expulsion (exhrafiamniento) shall be expelled from Spanish territory forever, if the sentence were "perpetual" in terms; and if it were "temporary," then for the term of the sentence.
Art. II I. The penalties ofliresidio shall be served in the institutions provided therefor, the which are situated, those for pesidio ma or, within the Islands of Cuba and Porto Rico and adjacent Islands, and for presidio correccional within the Islands of Cuba and Porto Rico respectively.
Trhose sentenced to presidio shall be subject to forced labour within the institution iin which they are serving their sentence.
Art. 112. The product of the labour of those condemned to Presidio shall be. devoted:
I. To meet the civil liability of the prisoners, arising from their crimes.
2. To indemnify the institution for the expenses they shall occasion.
3.In order provide them with soeadvantageoe aig
during their detention, if they should deserve it, and to create for them a reserve fund to tbe delivered to them upon their release from the -Presidio, or to their hneirs, if they should die there.
Art. 1 13. The penalties of _trisidn shall be served at the Institutions provided for this purpose, the which will be situated, those for prisio'n major *within the Islands of Cuba and Porto Rico and adjacent Islands, and those for prisidn correccional within the territorial jurisdiction of the Andiencia (Court) which imposed sentence.
Those condemned to pisidn shall not go outside of the Institution in which they are undergoing their punishment, during the term of their sentence, and shall occupy themselves for their owvn benefit in such works as they may choose, provided they be compatible with the discipline established by the regulations. They shall be, notwvithsta3nding, subject to the labours of the establishment until they shall have met their liabilities as provided in subdivisions i and 2 of the preceding article; as will also be subject thereto, those -having no trade or known and honest means of livelihood.
Art. 114. Those sentenced to confinamiento shall be taken to a town or district, situated in the adjacent Islands, where they shall remain at complete liberty under the surveillance of the authorities.
The Courts, in designating the place where this penalty should be undergone, shall take into consideration the trade, profession, or livelihood of the condemned person, in order that he may earn his living.
Those who, because of their age, health, and good conduct are fit for military service, may be withh their acquiescence) "assigned thereto by the Government.
Those sentenced to banishment shall be precluded from entering the place or places designated in the sentence, and also within the radius therein designated, which shall embrace a distance Of 25 kilometres at







36 THE PENAL CODE
the least, and 250 kilometres at the most, from the place designated.
Art. ri5. 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 (Se creta70o) with closed doors.
Art. i 16. Arresto mayor shall be served in the public building provided for that purpose, in the chief town of each district.
The provisions contained in paragraph second of article 113 are applicable in their respective cases to those condemned to this penalty.
Art. 117. Arreslo menor shall be served at the town halls or other public buildings, or in the house of the convict himself, if the sentence shiall so declare, without his being allowed to leave them during the whole time of the sentence.
Apprentices, serfs (colonws) 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 third.

Of accessory _penalies..
Art. 1 8. One sentenced to degradation shall, at a public sitting of the Court, be stripped by a bailiff (Algupacil) of his uniform, official, dress, insignia and decorations.
'1 he stripping off shall be carried out at the command of the Presiding judge, who shall order it, in the accompanying formula: "Strip (the naine of the person sentenced) of his insignia and decorations, to wear which the law declares him. unworthy. The law degrades him because of his having degraded himself."

TITLE IV.

OF CIVIL RESPONSIBILITY.

Art. 119g. The Civil Responsibility established in Chapter II Title HI, of this Book, comprises:
I. Restitution.
2. Reparation for the damage caused.
3. limdemni fi cation for losses.
4. Enforced manumission.
Art. 12o. The restitution of the thing itself must be made, if that be possible, with payment for deteriorations or diminutions thereof to be appraised by the Court.
Restitution shall be made, although the thing may happen to be in possession of a third person who had acquired it in a legal manner. He shall, however, have recourse against the appropriate party.
This provision is not applicable to the case where a third party has







OF CUBA AND PORTO RICO 37
acquired possession of the thing in the form and with the requisites established by law to make it indefeasible.
Art, 121. The reparation shall be effected by appraising the amount of damage by the estimate of the Court, with due regard to the price of the thing whenever this be possible, and to the special value thereto attached by the party aggrieved.
Art. 122. Indemnification for losses will comprise not only those which may have been caused the aggrieved party, but also those that may have been inflicted upon his family or upon a third party in consequence of the crime.
The Court, shall regulate the amount of such indemnification upon the same terms as prescribed for the reparation of' damage, in the preceding articles.
Art. 123. Thle obligation to make restitution, to furnish reparation for damages or indemnification for losses, is transmitted to the heirs of the party responsible.
The action to demand such restitution, reparation or indemnification, is similarly transmitted to the heirs of the aggrieved party.
Art. 124. In case of there being two or more persons civilly responsible for a crime or misdemeanor the Court shall determine the share for which each should be responsible.
Art. 125. Notwithstanding the provision contained in the preceding article, the principals accomplices and accessories each within their respective classes, shall be held jointly liable among themselves, for their shares, andi have a subsidiary responsibility for the shares of the remaining responsible parties.
The subsidiary responsibility shall be enforced, first against the property of the principals, next against that of the accomplices, and lastly against that of the accessories.
In every case in which the joint responsibility has been enforced as Well as the subsidiary responsibility, the right will be reserved to a party who-has paid, to demand from the others the shares due from every one of them.
Art. 126. Whoever has gratuitously shared in the proceedsof a crime or misdemeanor is obliged to make indemnification up to the extent of hii participation.

TITLE V.

OF THE PENALTIES INCURRED BY
THOSE WHO BREAK THEIR SENTENCES (QUEBRANTAN LAS SENTENCIAS)
AND BY THOSE WHO COMMIT A NEW CRIME WHILE UNDERGOING PUNISHMENT.

CHAPTER FIRST.
Of the penalties inciurrei. by those who break their sentences.

Art. 127. Those who shall break their sentences, shall suffer an







38 THE PENAL CODE
aggravation of their penalties, subject to what is prescribed in the following rules :
i. Those sentenced to cadena or rec/usidn 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 assigned to the most painful tasks.
If their sentence should have been perpetual, they will not enjoy the benefit conceded by article 27, until after having served the aggravation of penalty imposed upon them.
If their sentence should have been temporary, and the aggravation of penalty could not be served within the term limited by their original sentence, they shall continue subjected to it, until the time of the aggravation of penalty has expired.
2. Those sentenced to releaci6jl or exypulsion, shall be condemned to prisidn correccional for a period not to exceed three years, which must be served, in case of those sentenced to ielegaci;n, at the place of relegation, if possible, and, if not possible, at the nearest possible place thereto; and at one of the penal institutions of the Kingdom, by those sentenced to exj5ulsion.
When these terms of punishment have been served, they shall continue to suffer under their original sentences.
3. Those sentenced to presidio, prisidt or arresio, shall suffer an increase of their respective penalties, not to exceed the sixth part of the time still wanting for the completion of their original sentences.
4. Those sentenced to confiflamie/z) shall be condemned toprisien correccional for a period not to exceed two years; and once this penalty is served, they shall serve out that of confitamienio.
5. Persons banished shall be condemned to arrest ma),or, after serving which, they shall serve out their term of banishment.
6. Those disqualified fr6m office, right of suffrage, profession, or trade, who shall obtain or exercise such privileges, shall be condemned to arrest mayor and a fine ranging from 250 to 2500 pesetas, if their offense should not 'constitute a special crime.
7. Those suspended from office, the right of suffrage, profession or trade, who shall nevertheless practise it, shall suffer an increase of their penalty for a period equal to that of the original sentence, and a fine ranging from 15o to 1500 pesetas.
8. hosee placed under the surveillance of the Authorities, who fail to observe the rules that they ought to observe, shall be condemned to arresto major, h-ving completed which term, they shall continue subject to the surveillance of the Authorities until the expiration of such penalty.
Art. 128. The aggravations of penalties prescribed in the preceding article, with respect to those deprived of their liberty, are not to be applied to those who escape from penal establishments or the stations thereof, without violence, intimidation or resistance, without breaking doors or windows, walls, roofs or floors, without the use of pick-







OF CUBA AND PORTO RICO39
locks or false keys, without scaling walls, (escalamienta) and without an understanding with other convicts or attendants of the institution.
The breaking of a sentence without one or more of these attendant circumstances shall be punished with the fourth part of the penalties respectively set out in article 127.

CHAPTER IL.

Of the penalties lncurrea by those who commit a new punishable transgression,
after having been conaemnel by final sentenSe, either before beginning
to serve it or while undergoing punishment.

Art. 129. Those who commit any crime or misdemeanor after having been condemned by a final sentence before beginning to serve their term, or during the time of their punishment, shall be punished in conformity with the following rules:
i. The maximum degree of the penalty prescribed by law for the new crime or misdemeanor shall be imposed on them.
.2. The Courts shall observe,' as far az; they are applicable to this case, the provisions contained in Article 86, and Rule [ of Article 87, of this Code.
3. The prisoners comprised in this article shall be pardoned at the age of seventy years if they should have already served 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.
OF THE EXTINCTION Or PENAL RESPONSIBILITY.

Art. 130. Penal responsibility is extinguish,_d:
i. By the death of the culprit, always, so far a regards personal penalties; and, as regards pecuniary liability, only when no final sentence had been imposed at the time of his death.
2. By the completion of his term.
3. By an amnesty that completely extinguishes the penalty and all its effects.
4. By pardon.
One freed by pardon shall not inhabit 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. The pardon granted him shall otherwise become void.
S. By the condonation of the offended party, if the penalty had been imposed for a crime, for the punishment of which no public prosecution could have been instituted.
6. By prescription of the crime.
7. By prescription of the penalty.







40 THE PENAL CODE
Art. 13 1.* Crimes are prescribed twenty years after their commission, when the penalty fixed by law for the crime is the penalty of death or eadenaper
Fifteen years after their commission, when the penalty fixed is any other exemplary penalty.
Ten years after their commission, when the penalties fixed are correctional.
The crimes of calumny and outrage (ii lw-ia) are exceptions. The first shall be prescribed after one year and the second, after six months, following its commission.
Misdemeanors are prescribed two months after their commission.
Whenever the penalty established be a compound penalty, the higher penalty shall be adopted in the application of the rules comprised in paragraphs first, second and third of this article.
The prescriptive term shall commence to run from the day on which the crime was committed; and if it was not known then, from the day of its discovery and the beginning of the judicial proceedings looking towards its investigation and punishment.
This prescription will be interrupted from the commencement of the proceedings against the culprit; the term of prescription commencing to run again from the time when such proceedings terminate without the culprit being condemned, or the proceedings have stopped, unless this be through the default of the culprit being proceeded against.
Art. 132. The penalties imposed by final sentence become prescribed:
Those of death and after a lapse Of 20 years.
The remaining exemplary penalties, after a lapsc Of 15 years.
The correctional penalties, after a lapse of Yo years.
Slight penalties, after a lapse of a 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 undergo his punishment.
The prescription Nvill be interrupted, (the tirne elapsed being of no avail), in case the culprit should present himself or be captured, if he should have gone to a foreign country with which Spain has no extradition treaties; or if, although she should have them, his crime should not be included in their provisions; or'if lie should commit a new crime before completing the term of prescription; without prejudice, however, to its beginning to run anew from thence.
Art. 133. Civil responsibility arising out of crimes or misdemeanors will be extinguished in like manner as other obligations, in conformity with the rules of the civil law.

















BOOK SECOND.

Of crimes and their Penalties.


TITLE FIRST,
OF CRIMES AGAINST THE EXTERNAL SECURITY OF TlE STATE.

CHAPTER FIRST.

Of the crime of Treason.
Art. 134. The 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 penalties ranging from cad'ena peipfua to death, if war should actually have been declared, and otherwise, with penalties ranging from cade;na /e;po-ral in its medium degree to that of cad/elia epi;c'ua.
Art. 135. The following shall be punished with penalties ranging from cadlena I.jch/a to death:
i. The Spaniard who shall facilitate the enemy's entrance into the Kingdom, the capture of a fortified place, military post, National vessel, or stores of military or food supplies.
2. The Spaniard who shall seduce Spanish troops, or troops happening to be in the service of Spain, to go over to the enemy's ranks or to desert their flags while on campaign.
3. The Spaniard who shall recruit people in Spain to make war upon the country under the flag of an enemy power.
Frustrated crimes of the character specified in the preceding subdivisions, shall be punished as though consummated, and the attempts to commit them shall be punished with the penalty next inferior by one degree.
Art. 136. The following shall be punished with a penalty ranging from cadena temporal in its maximum degree to death:
I. The Spaniard who shall take up arms against his country under an enemy's flag.
2. The Spaniard who shall recruit people in Spain for the service of an enemy power, in case such recruits were not to take a direct part in the war against Spain.







42 THE PENAL CODE
3. The Spaniard who shall furnish the troops of an enemy power with moneys, 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 Comprised in the preceding article.
4. The Spaniard who shall furnish the enem' with topographical maps, or plans of fortifications, documents or information, which shall directly lead to the same end of committing hostilities on Spain, or fav-~ oring the progress of the hostile arms.
5. The Spaniard wvho, in time of war, shall prevent the National troops from receiving the aid referred to in subdivision 3, or the data and information referred to in subdivision 4.
Art. 137. Conspiracy to commit any of the crimes recited in the three preceding articles, shall be punished with the penalty of Pr-esidio may-or, and the proposition to commit the said crimes, with that of-presidlo correccional.
Art. 133.~ The foreigner, resident in Spanish territory, who shall commit any of the crimes comprised in the preceding articles, shall be punished with the penalty next inferior to those fixed therein, excepting as regards the provisions of treaties or the law of Nations relating to diplomatic officers.
Art. 139. Those wvho shall commit the crimes recited in the preceding articles against a power allied to Spain, in the case of said power being in campaign against the common enemy, shall be punished with the penalties inferior by one degree to those respectively fixed therein.
Art. 140. The ministers of the Crowvn, who, in violation of Article 55 of the Constitution, shall authorize a decree to any of the following ends, shall incur penalties ranging from cadenapetpe/ua to death:
i. 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 wvar between Spain and another power.
Art. 14t1. Those -persons mentioned in the preceding article shall be punished with a penalty ranging from cadena femoral in its medium degree up to cadena perpetua, wvho, in violation of article 55 of the Constitution, shall authorize a decree:
i. Ratifying treaties of offensive alliance that may not have occasioned war between Spain and another power.
2. Ratifying treaties in which the stipulation is made,, to give subsidies to a foreign power.
CHAPTER 11.
Of crimes tb at endanger the peace or independence of the State.

Art. 14.2. The ecclesiastical minister who, in the performance of his office, shall publish or observe, bulls, briefs or despatches from the Holy See, or any other orders or declarations that attack the peace or







OF CUBA AND P'ORTO RICO 43
independence of the State, or that oppose the observance of its laws, or encourage their non observance, shall incur the penalty of temporary expulsion.
Any layman committing such acts shall incur the penalty of Irisidn correccionial in its minimum and medium degrees, and a fine ranging from 625 to 6250 pesetas.
Art. 143. Any person who introduces, publishes, or observes within the Kingdom, any proclamation, order or document, emanating from a foreign government, that attacks the independence or security of the State, shall be punished with the penalty of prisidnt correccional in its minimum and medium degrees, and a fine ranging from 625 to 6250 pesetas, unless such crime produces or gives rise to others of greater gravity, in which case he shall be punished as the principal therein.
Art. 144. Should a public officer of the State, taking wrongful advantage of his public character or duties, commit any of the crimes mentioned in the two preceding articles, he shall be punished, not only with the penalties in said articles established, but also with perpetual absolute disqualification.
-Art. '4 5. Any person that unlawfully, or by acts 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 Spanish subjects to annoyance or reprisals on their persons or property, shall be punished with the penalty of reelusi6,i temporal if he be a State officer, and with that of prisidn mayor if he be not.
If the war so provoked be not actually declared, or the reprisals or annoyances are not committed, the above named penalties shall be imposed in their next inferior degrees.
Art. 146. Any person violating a truce or armistice agreed to betwveen the Spanish Nation and an enemy nation, or between their belligerent forces, land or naval, shall be punished with r-eclsi(dn lemvporal.
Art. 147 Any public officer who, taking wrongful advantage of his office, should in any way not specifically comprised in this chapter, endanger the dignity or interests ot the Spanish Nation, shall be punished with the penalties of prisidn mayor and Perpetual disqualification from the office so held by hinM.
Art. 148. Any person, ivho, without sufficient authorization, shall raise troops within the Kingdom, to be used in the service of a foreign nation for whatsoever object or purpose, or whichever be the nation against which hostility be contemplated, shall be punished with Prisidn mayor and a fine ranging from 12,500 to 125,000 pesetas.
Any person wvho, without sufficient authorization, sends out ships for privateering, shall be punished with the penalties of reliisidn temnporal, and a fine ranging from 6,250 to 62,500 pesetas.
IArt. 149. Any person, who, in time of wvar, holds correspondence with the enemy country or territory occupied by its armies, shall be pun.ished:
i. With the penalty of Jrisio'n mayor, if such correspondence is carried on by ciphers or codes agreed on between the parties.







44 THE PENAL CODE
2. With that ofjlrisidn corrcci na, if it be carried on in the usual form and the Government should have forbidden it.
3. With that of reclzsidn temptoral, if there were given therein warnings or intelligence of which the enemy could take advantage, what. ever be the form of such correspondence, and whether or not correspondence had theretofore been forbidden by the Government.
The same penalties shall be imposed on the person committing the crimes enumerated 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 purpose to help the enemy with his warnings or intelligences, the provision of Articles 135 and 136 shall be observed.
Art. i5o. Any Spaniard guilty of an attempt to enter into an enemy country against the Government's prohibition, shall be subject to the penalties ofarresto m~yoi- and a fine ranging from 375 to 3750 pesetas.

CHAPTER III.

Of crimes against the Law of Yations.

Art. 151. One who should kill a Mo.narch, or Head of another State, residing in Spain, shall be punished with a penalty ranging from reclusidnzz tcmporal in its maximum degree, to death.
One who should inflict grave wounds upon the same persons shall be punished with the penalty of reclusidz /eoporal, and if the wounds were slight, with that of frisidn mayor.
Those who should commit any other attempt at crime, not specifically recited in the foregoing paragraphs, against the same persons, shall incur the last named penalty.
Art. i52. One who should violate the personal immunity or the domicile of a Monarch or the Head of another State, who had been received in Spain in their official character; or who should violate that of a representative of another power, shall be punished with the penalty of, lisidi con ecciolal.
Whenever the crimes specified in this and the preceding article should find no reciprocal penalties fixed therefor in the laws of the nation to whom the persons so outraged belong, the penalty shall be imposed on the delinquent which would Le appropriate to the crime, in accordance with the general provisions of this Code, if the person so outraged should not have possessed the official character mentioned in the preceding paragraph.

CHAPTER IV.

Of crimes of Piracy,
Art. 153. The crime of piracy committed against Spaniards or the subjects of another nation that does not happen to be at war with






OF CUBA AND Powro rICO 45
Spain, shall be punished with a penalty ranging from cadena lemporal to catlena peipeta.
When the crime shall be committed against non combatant subjects of another nation that happens to be at war with Spain, it shall be punished with the penalty of p esidio mayor.
Art. 154. Those who commit the crimes treated of in the first paragraph of the preceding article shall incur a penalty ranging from cadenaperpetia to death; and one ranging from cadena temporal to cadenapie-petaa shall be imposed on those who commit the crimes spoken of in the second paragraph of the same article:
a. Provided that such persons should have taken any ship by boarding or have set her on fire.
2. Provided that such crime was accompanied by assassination or homicide, or by any of the physical injuries inflicted on persons, specified in Articles 427 and 428 and in subdivisions i and 2 of article 429.
3" Provided that it was accompanied by anv of the outrages against chastity specified in Chapter I. of 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 I,
OF CRIMES AGAINST THE CONSTITUTION.

CHAPTER FIRST.

Of crime of L6oe Majest6, against the Cortes, the Council of Ministers ani against the form of Government.

Section first.
Of clines oJ Lise 11-ajeste.

Art. 155. Any person who shall kill the King shall be condemned to suffer a penalty ranging from iec/lsidn perp/c/a to death.
Art. 156. If the crime mentioned in the preceding article be frustrated or attempted, it shall be punished by a penalty ranging from rechlsidn lewporal in its maximum degree to death.
The conspiracy to execute it shall be punished by reclusidn temporal.
And the proposition to the same end shall be punished by prisid; mayor.
Art. 157. The following persons shall be punished with a penalty ranging from reclusidn temporal to rechtsidnz peipeta.
i. Those who shall deprive the King of his personal liberty.
2. Those who shall oblige him, by violent means or by grave intimidation, to perform any act contrary to his will.






46 THE PENAL CODE
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 subdivisions 2 and 3 of the preceding article, be not grave, the guilty person shall be subject to the penalty of reclusidn letnoral,
Art. i59. The penalty of reclusidn temporal shall likewise be imposed:
i. On one who shall outrage or threaten the King in his presence.
2. On one who shall enter with violence into the King's residence.
Art. i6o. Any.person who shall outrage or threaten the King publicly and in writing, but out of his presence, shall be punished by
_prisidn mayor and a fine ranging from 1250 to 12500 pesetas.
Outrages and threats couched in any other form shall be punished, if they should be grave, with a penalty ranging from Jrisidn corieccional in its medium degree to prisidn mayor in its minimum degree; and if theyshould be slight, by a penalty ranging from arresto mayor in its medium degree to prisidn correccional in its minimum degree.
Art. i61. One who shall kill the immediate successor to the Crown, or the Regent of the Kingdom, shall be punished with a penalty. ranging from reclusidn temporal in its maximum degree to death.
If the crime be frustrated or attempted, the penalty shall range from recltsidn tenporal to death.
The conspiracy for the execution of said crime shall be punished bypisidn mayor in its medium and maximum degrees.
And the proposition to the same end shall be punished by a penalty ranging from frisiin correccional in its maximum degree to prisidn 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 by penalties in one degree inferior to those decreed in said section.

Section second.

Of crimes against the Cortes and its members 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 from governing the Nation, in any manner whatever, those members of the Royal Family, Ministers, Authorities and other functionaries, civil or military, who shall disobey the Regent after he has taken the oath that the Constitution requires; or the Council of Ministers, during the time that ihey are provisionally governing the Kingdom in conformity with the Constitution, shall be punished by a penalty ranging from relegacidn tenl oral in its maximum degree to relegacidn per petua.






OF CUBA AND PORT'O RICO 47
Art. 164. Those persons shall incur the penalty of confinamiento,
who, belonging to an armed force, shall collectively address petitions to either of the Legislative Houses, although such petitions should not be
personally presented.
Those persons shall incur a like, penalty, who, forming part of an
armed force, shall present such petitions as individuals, but not according to the rules of their organization, in so far as they have relation thereto.
The penalties prescribed in this article shall be respectively imposed
in their maximum degree on those who hold command in such armed
force.
Art. i65. The following shall likewise incur the penalty of confizainenzto.
i. Those who shall outrage or threaten a Senator or Deputy on account of his opinions expressed, or votes cast, in the Senate or Chamber
of Deputies.
2. Those who use force, intimidation or grave menace, to prevent
a Senator or Deputy from attending the Legislative Body to which he belongs, or who, by the same means, curtail the free declaration of his
opinions or the casting of his vote.
In the cases provided against in the two preceding subdivisions of
this Article, the act of challenging to fight a duel shall be considered as a grave menace.
Art. 166. If the outrage, the menace, the force or the intimidation
referred to in the preceding article were not grave, the delinquent shall suffer the penalty of banishment and a fine ranging from 325 to' 3250 pesetas.
Art. 167. The penalties fixed in the three preceding articles shall be inflicted in their maximum degree, if the guilty persons are relapsers.
Art. 168. The public functionary, who, after the opening of the Cortes should, without due permission of the respective Legislative Houses, arrest or commit for crime any Senator or Deputy, unless he had been taken in flagraide, shall incur the penalty of temporary especial disqualification.
That Judge shall incur the like penalty, who, having pronounced sen,tence against a Senator or Deputy, in a trial that had proceeded without the permission to which the preceding paragraph refers, should put
-said sentence into force without the Legislative Body to which the accused belongs having authorized the same.
There shall also be punished with the same penalty of temporary especial disqualification, all administrative or judicial functionaries who
-should arrest a Senator or Deputy infAg;-anle, and fail to report it to the Cortes immediately after its opening; or who should fail likewise to report to the Cortes, as soon Lis it assembles, the issue of warrants for the arrest of any of its members whic h they had ordered, or of the Commencement of any proceedings taken against such members, during the suspension of its sessions.







48 THE PENAL CODE

Section Third.
Of cries against the form of Govcinmment.

Art. 169. They shall be deemed guilty of crimes against the form of Government established by the Constitution, who execute any kind of acts or deeds directly tending to obtain by force any of the following ends:
i. To substitute for the monarchical-constitutional Government, an absolute-monarchical Government or Republican Government.
2. To deprive, in whole or in part, the King, the Regency or the Cortes, of the privileges and powers invested in them by the Constitution.
3. To change the lawful order of succession to the crown, or todeprive the dynasty of the rights invested in it by the Constitution.
4. To deprive the Council of Ministers of the right to govern the Kingdom provisionally until the Regency takes the oath in accordance with the Constitution.
Art. 17o. Those shall also be deemed guilty of crimes against the form of Government:
i. Who in any political demostrations, in any manner of public meetings or places of numerous assemblage, raise cheers or other outcries that shall provoke acclamations directly tending to the accomplishment of any-of the ends specified in the preceding article.
2. Those who in said meetings and places, pronounce discourses, or read or distribute printed matter, or display emblems and banners, which should directly tend to the realization of the objects mentioned in the preceding article.
Art. 171. There shall besides be deemed guilty of crime against the form of Government those public functionaries who should execute any order issued by the King in the exercise of his Constitutional authority, if the same had not been signed (refiendado) by the responsible Minister.
Art. 172. Those who, publicly and in open hostility, should rise in arms, in order to perpetrate any of the crimes provided against in Article 169, shall be punished by the following penalties:
i. Those who should have promoted, supported or directed said rising, or appeared as its chief originators, with a penalty ranging from i-ec/osidn femporl in its maximum degree to death.
2. Those persons in charge of a subaltern command therein, with a penalty ranging from rcch/sidn femiporal to death, if they be persons enjoying civil or ecclesiastical authority; or if there should have been any engagement between the forces under their command and the public forces loyal to the Government; or if their forces should have caused ravages among the properties of private persons, of townships, or the State; or have cut the telegraph wires or the railroad lines; or have commited acts of gross violence against individuals, or exacted contributions, or diverted the public funds from their lawful investment.






OF CUBA AND PORTO RICO 49
Apart from these cases, the guilty person shall suffer the penalty of rechsijn lemporal.
3. The mere participants in the rising, shall suffer a penalty ranging from Prisidn mayor in its medium degree to reclusidn temporal in its minimum degree, in the cases provided against in the first paragraph of the preceiing subdivision; and with that. of prisidn mayor in its fullest extent, in the cases embraced in the second paragraph of the same subdivision.
Art. 173. Those who, without rising in arms and in oxen hostility again, t the Government, shall commit any of the crimes provided against in the aforementioned article 169, shall be punished with the penalty ofprisid'n wayor.
Art. 174. Any person who shall commit any of the crimes embraced in Article 170, shall suffer the penalty of banishment.
Art 175 The public functionary responsible for the crime provided against in article 17f, shall suffer the penalty of temporary especial disqualification.

Section Fourth.
Provision corn non to the three Irecedin.g sections.

Art. 176. The provisions contained in the articles included in this chapter, must be understood as not being in opposition to what is. enacted in other articles of this Code, which fix a higher penalty to any one of the acts penalized therein.

CHAPTER II.

Of crime o ommittel on occasion of the exercise of individual rights guaranteed by the Constitution.

Section First.
Crimes committed by individuals on the occasion of the exercise of
ipidividnal ri /is guaranteed by the Constitution.

Art. 177. The following are not peaceful meetings or demonstrations:
I. Those which are held contrary to the police rules of a general or permanent character for the locality where the meeting or demonstration takes place.
2. Open air meetings or political demonstrations held by night.
3. Meetings or demonstrations, where a certain number of people assemble with fire-arms, lances, sabres, swords, machetes, or any other similar weapons.
4. Meetings or demonstrations which are held for the object of
4






THiE PENAL CODE
committing any of the crimes penalized in this Code; or those where, during the meeting, any of the crimes penalized in Title 111, Book II liereof, are committed.
Art. 178. The organizers and leaders of any meeting or demonstration that is held, without their having given written notice thereof to the authorities, twenty-four hours beforehand, stating the object, time and place of the assembly, shall incur the penalty of arresfo vur)'o;-, and a fine ranging from 32 5 to 3250 pesetas.
Art. 179. The organizers and leaders of any meeting or demonstration included in any of the specifications of Article 177, shall be pun ishied by prisiedu corfl'ccia/ in its minimum and medium degrees, and a fine ranging from 32 5 to 3250 pesetas.
Art. i So. In cases under the two preceding articles, if the meeting or demonstration shall not have actually taken place, the personal penalty shall be the next inferior in degree.
Art. 181. In the application of the provisions of the preceding articles, those will be considered as leaders of the meeting or demonstration, who, by their speeches delivered thereat or by the printed matter which they may have published or distributed at such meeting, by the mottoes, flags, or 6' her emblems displayed thereat, or by any other means, appear as in-tigating the proceedings.
Art. I82. Those merely present at the meetings or demonstrations, described in subdivisions i and 2 and the first clause of subdivision 4 Of article 177, shall be punished by ariesia)-aor.
Art. 183. The organizers, leaders and persons present at any meeting or demonstration whatever, shall respectively incur the penalties next superior in degree, if they fail to dissolve it upon a second notice so to do from the authorities or their officers.
Art. 184. Those who assemble at meetings or demonstrations, having fire-arms, lances, sabres, swords, machetes, or any other similar weapons, shall be 'punished by prisidu correecional, in its minimum and medium degree.
Art. 185, Those present at a meeting or demonstration, who, during its progress, shall commit any of the crimes penalized in this Code, shall incur the penalty appropriate to the crime they commit, and may be arrested in the act by the Authorities or their officers, or in default of them, by any of the other persons present.
Art. 186. The following shall be considered unlawful associations: i. Those that by their purpose or in their details are contrary to public morals.
2. Those whose object is to commit any of the crimes penalized in this Code.
Art. 187. The following persons shall incur the penalty ofjprisidneorrea-ionai in its minimum and medium degrees, and a fine ranging from 325 to 3250 pesetas:
r. The founders, directors and presidents of organized associations which may be included in any of the subdivisions of the preceding article.






OF CUB~A AND roRTO RICO 51
If the association should not have been constituted, the personal
penalty shall be that next inferior in degree..
2. The founders, directors and presidents of associations which
may be formed, without nctice to the local Authorities of their purpose and by-laws eight days in advance of their first meeting, or notice of the place of each meeting given twenty-four hours before it is held, even if the first place selected for the meeting should have been changed for
another.
3. Directors or presidents of associations who do not allow the
public authorities, or their agents, ad-mission or the right of being present
at the meetings.
4. The directors or presidents of associations who do not stop
meetings at the second notice so to do, given by the authorities ,or their
officers.
Art. 188. The following shall incur the penalty of arresto wa~OrI. T~he individual members of associations embraced in Article 186.
If the association should not have been coffstituted, the penalties shall he public censure and a fine ranging from 325 to 3250 pesetas.
2. The individual members who. commit the crime contained in
subdivision 3 of the last article.
3. The individual members who do not withdrawn from the
meeting on the second notice given by thae authorities or their officers,
that the meeting must stop.
Art. 189. The founders, directors, presidents and members of
associations wxho again carry on a meeting, after its having been suspended by the authorities or their agents, so long as the judicial authority has not revoked the order to suspend the meetings, shall incur the
* penalties inmediately superior in degree to those respectively imposed
by the two last articles.
Art. 19o. Those who found and direct establishments of learning
in infraction of the existing laws upon that subject shall incur the
penalty of arresto mayor and a fine ranging from 50o to 5,coo Pesetas.
Article 191I. The following shall incur the penalty of arresfo mayor: I. The authors, directors, editors or printers (in their respective
cases) of secret publications.
As such are to be considered those which do not bear the printer's
name upon the copies printed, or which bear a fictitious one.
2. The directors, editors or printers (also in their respective
cases) of periodical publications who have not complied with the
precepts of the special law for the press,

Section Second.
Of the crimes committed by public functionaries against the exercise
of individual rig/its guaranteed by the Constitution.

Art. 192. The public functionary who, without the authorization
of a law, shall have inflicted any punishment equivalent to personal







52 THE PENAL CODE
punishment, by arrogating judicial functions to himself, shall be liable:
i. To temporary absolute disqualification, if the punishment inflicted was equivalent to an exemplary penalty.
2. ro the penalty of suspension in its medium and maximum de rees, if it was equivalent to a correctional penalty.
3. To the penalty of suspension from office in its minimum and medium degrees, if it was equivalent to a light penalty,.
Art. 193.' If the punishment arbitrarily imposed should have been actually inflicted, in addition to the penalties fixed in the preceding article, the same punishment by him inflicted shall be imposed on the guilty functionary, and in the same degree.
If the punishment should not have been inflicted, that next inferior in degree thereto will be applied to him, if that imposed by him should not have gone into effect, through a cause independent of Ijis volition,
Art. 194. If the penalty arbitrarily imposed should have been a pecuniary one, the guilty functionary shall be punished:
r. With temporary absolute disqualification and a fine ranging from an amount equal to up to triple the penalty imposed by him, if it should have been exacted.
2. With suspension in its medium and maximum degrees, and a fine ranging from one half to the like amount thereof, if the penalty had not been exacted, from a cause independent of his volition.
3. With suspension in its minimum and medium degrees, if it had not been exacted, because of a voluntary revocation thereof by the functionary himself.
Art. M5. The authorities and functionaries, civil and military, who even although the Constitutional guaranties happen to have been suspended, should have established a penalty different from that previously prescribed by law for any manner of crime, and those who enforce such penalties, shall respectively incur, according to the facts, the penalties prescribed in the three articles preceding.
Art. 196. The judicial authority who unduly remits a criminal case to another authority or functionary, military or administrative, which illegally claims it, shall be punished with suspension in its medium and maximum degrees.
The authority or functionary military or administrative, who should persist in his demand for the unlawful remission of the case, anoshould compel the judicial authority to comply, after he had pointed cut the illegality of such demand, shall be punished with the penalty next superior in degree.
Art. 1197. If the person of the criminal shall likewise have been demanded and surrcn ere d, the penalties shall, in their i respective cases, be those next superior in degree to those fixed in the preceding article.
Art. 198. The public functionary who (unless it be by reason of a crime) should detain a person without being authorized by law to do so, the Constitutional guaranties not being suspended, shall incur the penalty of a fine ranging from 325 to 3250 pesetas, if the detention .should not have exceeded three days; the penalty of suspension in its







OF CUBA AND PORTO RICO 53
minimum and medium degrees if it should hive exceeded that time and not equalled a fortnight; that of suspension iii its miximrnm degree up to temporary absolute disqualification in its medium degree, if the detention should not have been less than a fortnight, nor have reached as high as one month; from p;-isidu correccional in its maximum degree, up top risidn mayor in its minimum degree, it the detention should have exceeded a month and should not have exceeded a year; and prisidl za)jor in its medium degree, up to recluid; lemporal, to its full extent, if the detention should have exceeded a year.
Art. 199. The public functionary who should delay compliance with a judicial order to release one imprisoned or detained, whom he had under his control, shall be punished with the penalties next superior in degree to those affixed in the preceding article, in proporti )n to the duration of such delay.
Art. 2o0. The public functionary who, not being a judicial authority, and thie Constitutional guaranties not having been suspended, shall detain a person for a cime and shall not deliver him to the judicial authority within the 24 hours following the beginning of such detention, shall respectively incur the penalties next superior in degree to those affixed by Article 198.
Art. 201. The following shall also incur the same penalties in their respective cases:
I. The warden of a jail, or any other public functionary, who shall receive in the capacity of a prisoner, any person whatever, and shall alow 24 hours to pass without furni-hing the judicial authority notice theerof.
2. The warden of a jail or other public functionary, who does not set free a prison ier, who. should not have been committed to prison, within the 72 hours next after due notice of his detention should have been given to the judicial authorities.
3. Tie warden of a jail or other public fanctionary, who shall receive a parson in the capacity of a prisoner, unless by virtue of a judicial order, or shall keep him in prison after 72 hours have elapsed from his having been delivered in such capacity, or having been notified of the writ for his commitment to prison, unless during that time the prisoner should also have been notified of the writ authorizing such commitment.
4. The warden of a jail or any other public functionary, who shall conceal a prisoner from the judicial authority.
5. The warden of a jail or head of a penal institution, who, without an order from the judicial authority, should have paced a prisoner or one under sentence either in solitary confinement or in a place different from that where he rightfully belongs.
6. The warden of a jail or head of a penal institution, who should impose on prisoners or those under sentence, unlawful privations, or employ against them unnecessary severity.
7. The warden of a jail or the head of a penal institution, who should deny to one under detention, or a prisoner, or to whomsoever may represent him, certific ition of his detention or imprisonment; or who should detain any petition relative to his release.








54 'THE PENAL CODE
8. The head of a penal institution, who should retain a person in the institution, after having received official notification of li:s pardon, or after his term of imprisonment had expired.
.The provisions of subdivisions T, 2, 3 and 5, shall not apply, when the warden of the jail or" head of a penal institution, or public functionary, acts in obedience to an order of the civil or military authority, issued in the exercise of special powers conferred by a law.
Art. 202. The following shall incur the penalty of suspension in its minimum and medium degrees: T. The judicial autherity, who neither sets at liberty nor commits the prisoner by writ setting forth the reasons therefor (rzi/o Ino/ivado), within the 72 hours following that in which hie should have been brought under his jurisdiction.
2. The judicial authority, wvho shall not confirm the writ of commitment, or else declare it null, within the 72 hours following thit in which it should have been issued.
3. The judicial authority, who, outside of the cases recited in the two preceding subdivisions, shall keep in the capacity of prisoner the person whose release ought by law to be ordered.
4. The judicial authority, who should unduly order or prolong the solitary confinement of a prisoner.
5. The clerk (escriban;o) or secretary (secr-e/drio) of a judge or Court, who suffers to expire th-_ term fixed in subdivision one of this article, without notifying the prisoner of the wvrit committing him to prison or terminating his detention.
6. The clerk or secretary of a Court or judge, wvho "shall unduly delay the notification of the writ removing solitary confinement or setting a prisoner at liberty.
7. The clerk or secretary of a Court or judge, w~ho shall delay ac counting to them concerning Iany petition; from one under d.tention, or his representative, ielative to his freedom.
If the delay to which the foregoing subdivisions refer shall have lasted more thin one month and shall not have exceeded three, those guilty of it shall incur, in thcir respective cases a penalty rang. ing from suspension in its maximum (degree, uip to temporary absolute disqualification in its medium degree; and a fine ranging from 325 to 3250 pesetas; and if it should have exceeded said time a penalty ranging from temporary absolute disqualification in its maximum degree, up to perpetual absolute disqualification ,and a fine ranging from 1,250 to 12,500 pesetas.
AIrt. 203. The following shall incur the penalties of suspension i'i its minimum and medium degrees, and a fine ranging fr~m 325 to 3,250 pesetas;
i.The public functionary who, not being a judicial authority and the Constituti-nal guaranties not having been suspended, shall enter into the domicile of a Spaniard or foreigner without his consent, unless in the cases and in the form expressly provided by law.
2. Tfhe public functionary who, without being authorized by law








OF CUBA AND PO~RTO RICO55
and not having judicial authority, and the Constitutional guaranties liktwise not having been 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 the master of the house 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 penalized in the two preceding numbers were committed at night, the penalties shall be suspension in its medium and maximum degrees and a fine ranging from 625 to 62 50 pesetas, excepting as to the provision in the second paragraph of subdivision 2, with respect .to which, the penalty shall be that next superior in degree to those provided therein.
Art. 204. The public functionary who, while occupied in searching the papers and effects of a citizen, shall commit some other unjust vexation against persons in his household, or wanton damage to his property, shall likewise incur the penalties of suspension in its minimum and medium degrees and a fine ranging from 325 to 3250 pesetas.
If hie should take such property away and appropriate it, he shall bepuinished as guilty of the crime of robbery with violence against theperson.
Art. 205. The judicial authority, w'io, outside the cases provided for, and in violation of, the forms established by law, and the Constitutional guaranties not being suspended, should enter by night into the domicile of a Spaniard or foreigner without his consent, shall incur the penalty of suspension in its minimum and medium degrees, and a fine ranging from 325 to 3250 pesetas.
Art. 206. Every authority shall incur a like penalty who shall make an examination of papers and effects in the domicil of a Spaniard or foreigner, unless in the presence of the interested person or in that of a. member of his family, or in default of that, of two witnesses from the same locality.
Ait. 207. The public functionary, who not beiiig a judicial authority, shall detain private correspondence entrusted to the mails,'shall incur a fine ranging from 325 to 3250 pesetas.
Art. 208. The public functionary who, not being a judicial authority, shall open private correspondence entrusted to the mails, shall incur the penalty of suspension in its medium and maximum degrees and[ a fine ranging from 625 to 6250 pesetas.
The piblic functionary, who shall open a telegraphic messagentrusted to him for delivery at a domicile shall incur the like penalty.
Art. 209. The public ffimctionary, who shall extract letters from the mails shall be punished wth the penalty of temporary absolute disqualification in its minimum and medium degrees, and a fine ranging from 1250 to 12500 pesetas.
Art. 210o. The public functionary, who. without being expressly authorized by law, and the Constitutional guaranties not being suspend-







56 THlE PENAL CODE
ed, shall banish a person to a distance greater thin 250 kilometres from his domicile, unless by virtue of a judicial sentence, shall incur the penalty of a fine ranging from 325 to 3250 pesetas.
The public functionary, who, without being expressly authorized by law, and the Constitutional guarantees not being suspended, shall compel a person to move his domicile or residence, shall be punished with the penalty of banishment and a fine ranging from 625 to 6250 pesetas.
Art. 2 ii. The public functionary, who; without being authorized by a law, should 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 coiifinuimieiio and a fine ranging from 1250 to 1 2500 pesetas.
Art. 212. The public officer who orders the payment of a tax, whether general, provincial or municipal, not legally authorized, shall be punished. with a penalty ringing from suspension in its greatest degree, up to temporary absolute disqualification in its minimum degree, and a fine ranging from 625 to 6250 pesetas.
Art. 213. The public functionaries who exact from tax-payers to the State, province or* municipality the payment of taxes not lawfully authorized according to their respective classes, shall incur a penalty ranging from suspension in its medium and maximum degree up to temp. orary absolute disqualification in its medium degree, and a fine ranging from 625 to 6250 pesetas.
If such exaction should have been consummated, the fine shall range from a sum equal to, up to one three times that of the amount collected.
If the exaction should have been effected by employing constraint or any other means of coercion, the penalty shall be that of temporary absolute disqualification and the aforesaid fine.
I Art. 21r4. If the amount collected should not have been paid accordi n- to its character into the treasury of the province or municipality by the wrongdoing of the person who had exacted it, hie shall be punished as a swindler, by the maximum degree of the punishment provided for that crime.
Art. 215. The public officers; who shall lend their aid and assistance to the functionaries mentioned in the two preceding articles, shall incur the penalties of temporary absolute disqualification and a fine ranging from 325 to 3250 p~esetas.
In case they should have rece ived profit from the amounts collected, they shall be punished as equal principals in the crime penalized in the preceding article.
Art. 2 16. The public functonary, wvho shall take away the pro. perty of any person, unless by virtue of a-mandate from the competent authecrities, in behalf of the public interests, before proper indemnification made therefor, shall incur the penalties of suspension in its medium and maximum degrees and a fine ranging from 625 to 6250 pesetas.
One who shall dlisturb any person in the possession of his property, unless by virtue of a judicial writ, or a mandate from the competent au-







OF CUBA AND PORTO RICO 57
thorities, in conformity with the express provisions of the laws, shall incur the same penalty.
Art. 217. The following shall be punished by the penalties of suspension in its minimum and medium degrees and b. a fine ranging from 325 to 3250 pesetas:
I. The public functionary, who, while the Constitutional guaranties are not suspended, should forbid or prevent a person, neither under arrest nor a prisoner, from attending any meeting or demonstration that is licit in accordance with the laws.
2. The public functionary, who, under the same conditions, should prevent or prohibit a person from taking part in, or becoming a member of, any association, unless one of the tho3e included in Article 186 of this Code.
3. The public functionary, who, under the same conditions recited in 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 public Authorities, unless that should have been forbidden to them by the laws.
Art. 218. 1 lhe public functionary, who, being neither authorized by law nor the Constitutional guaranties bzing suspended, shall prevent the holding of a meeting or a peaceful demonstration of which he had official notice, or the foundation of any association not included in Article 186 of this Code, or the holding of its meetings, unless those in which one of the crimes penalized in Title III. Book II of this Code should have been commited, will incur the penalty of suspension in its medium and maximum degrees, and a fine ranging from 625 to 62ro pesetas.
Art. 21g9. The public functionary, who, not being authorized by a law, and the Constitutional guarantees no[ having been suspended, shall order the dissolution of any meeting or pacific demonstration, or the suspension of any association not included in Article 186 of this Code, shall be punished with a penalty ranging from suspension in its maximum de. gree up to temporary absolute disqualification in its mninimutm degree, and a fine ranging from 625 to 625o pesetas. \
Art. 22o. The public functionary, who does not bring to the notice of the judicial authorities his suspension of an unlawful association or the meeting of any other association whatever, and the causes which impelled him to order such suspension, within the twenty four hours following his having done so, shall incur the penalty of suspension in its medium and maximum degrees, and a fine ranging from 625 to 6250 pesetas.
Art. 221. That public fun ctionary shall incur the same penalties, who shall order the closing or dissolution or any private institution of learning, unless for reasonably sufficient motives of hygiene or morality, or other causes expressly provided by law, and who shall not bring the fact of such closing or dissolution to the notice of the judicial authorities within the twenty four hours following its having taken effect.
Art. 222. That public functionary shall incur the penalty of banishment in its minimum and medium degrees, who, without having icquir-








58 THE PENAL CODE
ed two successive times the dissolution of any meeting or demonstration, or the suspension of the session of an association, should employ for( e to dissolve it or suspend it, unless in a case where there should have been previous violent aggression on the part of those taking part in the meeting, the demonstration or the session of the association.
If from the employ of force there should result slight injuries 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 co/finamienlo in its minimum and medium degrees, and a fine ranging from 1250 to 12500 pesetas.
If death should have resulted therefrom, the penalty shall range from co;Ufinamieiz/o in its maximum degree to re/egacidn, temporal, and a fine ranging from 3125 to 31250 pesetas.
Art. 223. That public functionary, who, once a meeting or demonstration has been dissolved, .r any association or its meetings, suspended, should refuse to give notice to the judicial authority which asked it, concerning the causes which impelled such dissolution or suspension, shall he punished with the penalty of temporary absolute disqualification and a fine ranging from 625 to 6250 pesetas.

Section third.

Crimes in violation of the Constilu/ional B-ovisions relalinv to Religionz and TMorship.

Art. 224. Those who by violence, disorderly conduct, threats or tumults, prevent, interrupt or disturb the functions, acts, ceremonies or manifestatious of the state religion, shall be punished with the penalty of prisidn corrcciwnal and a fine ranging from 65 to 650 pesetas, if the crime was committed in churches, chapels or places set apart for worship; and with a penalty ranging from arreslo mayor up to Pisidn co. riecional in its minimum degree, and a fine ranging from 5o to 5o0 pesetas, if the offense was commitei in any other place.
Art. 225. He 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 punLhed with the penalty of Jrisidn mayor.
Art. 226. Those who, in offense of the State religion, shall trample, destroy, break or profane, objects that are sacred cr devoted to the purposes of worship, doing so within churches or without them, shall incur the penalty ofprisidn coireccional.
Art. 227. One 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 a penalty ranging from aresto mayor up to prisidn correccional in its minimum degree, if the offense should have taken place in churches or during the progress of acts of worship; and with the penalty of arresto mayor, if the offense








OF CUBA AND PORTO RICO 59should have been committed in other places and not during the progress of such acts of worship.
Art. 228. One who practices, outside the precincts Fet apart for forms of worship other than the Catholic religion, public ceremonies or
-celebrations belonging to the same, shall incur the penalty of coqfinimnien/a. In the interpretation of this article, the respective cemeteries of the dissenting cults shall be considered as precincts analogous to those wherein they worship.
Art. 229. One who shall physically maltreat a minister of the Catholic religion, while performing the offices of his ministry, shall incur, the penalty ofprisidn carreccional.
He, who shall offend, under like circumstances, by words or gestures, shall be punished with a penalty ranging from arr-eslo mayor in its
meimdgren pt prisidn cor-reccional in its minimum degree.
Art. 230. One, who by means of menaces, violence or other lawless coercion, shall force any person to perform acts of worship or to be present at the rites of a religion not his own, shall incur the penalty of prisidn cor; eccional in its medium and maximum degrees, and a fine ranging from 625 to 6250 pesetas.
Art. 231. One who, by the same means, shall prevent any person from performing the acts of worship of the religion which lie professes, or from attending its rites, shall incur the penalties prescribed in the preceding article.
Art. 232. The following shall incur a penalty ranging from arreslo mayor in its maxmum degree, up to ppisidu correctional in its minimum degree, and a fine ranging from 300 to 3000 pesetas:
i. One, who, by the means mentioned in the preceding article, shall force any person to practice the acts of worship or be present at the rites of the religion which he himself professes.
2. One, who, by the same means, shall prevent any person from observing the religious festivals of his sect.
3. One, 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 whatever nature soever, on stated religious festival days.
What is prescribed in the foregoing paragraph is to be understood as without prejudice to the general or local regulations of the police or of public order.
Art. 233. Those who, by employment of the means set out in Article 224, shall prevent or disturb the ceremonies of a religion distinct froth the Catholic religion, within its precincts or cemeteries, shall be punished with arresto mayor.
Art. 234. One who physically maltreats a minister of any religion, other that, the Catholic religion, while exercising his functions, shall be punished with a penalty ranging from arresto mayor in its medium and maximum degrees, up to prisidn correccional in its minimum degree.
Offense by speech under like circumstances hall be punished by the penalty of arr-esto mayor.








-6o THE PENAL CODE
Art. 235. One wh) publicly ridicules any of the dogmas or ceremonies of a religion that has followers in Spain, shall be punished by a fine ranging from 325 to 3250 pesetas.

Section Fourth.

Provisions common to the three preceding Sections.

Art. 236. The provisions of this chapter must be considered as .not prejudicing what is ordained in other chapters of this Code, which affix greater penalties to certain of the acts included in the three pre-ceding sections.

TITLE III,

OF CRIMES AGAINTS PUBLIC ORDER.

CHAPTER FIRST.

Of rebellion.
Art. 237. Those are guilty of rebellion, who rise with public and overt hostility against the Government, for any of the following objects:
r. To proclaim the independence of the Islands of Cuba and Porto Rico, or either of them.
2. Tc dethrone the King; or depose the Regent, or displace the 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 assembling of the same.
- 4. To dissolve the Cortes or prevent the deliberations of either of the Co-Legislative bodies, or to extort any resolution from them.
5. To commit any of the crimes specified in Article 163.
6. To substract the Kingdom, or a part of it, or any body of troops, land or naval, or any other class of armed force, from its obedience to the Supreme Government.
7. To use and exercise oneself the Constitutional prerogatives of the Ministers of the Crown, or to despoil them thereof, or hinder or curtail their free exccrcise thereof.
Art. 238. Thosewho, by inciting the rebels and making them resolute, shall have promoted and sustained the rebellion, begun for the purpose stated in subdivision I. of the preceding article, and its principal chiefs. shall be punished with penalties ranging from caeenpeplcetula to death; and in the other cases with penalties from reclusidn telnporial in its maximum degree to death.
Art. 239. Those who exercise a subaltern command in a rebellion organized to commit the crime to which subdivision I of Article 237 re-







OF CUBA AND rORTO RICO 6r
fers, shall incur penalties ranging from cat'enapetpea to death, if they were persons holding duly constituted authority, civil or ecclesiastical.
Art. 240. Those who exercise a subaltern command in a rebellion, which has for its object to commit any crime specified in the other subdivisions of Art. 237, shall incur penalties ranging from rechlsin temporal in its maximum degree to death: and that of reclusi6n temporalif such object be embraced in none of such subdivisions.
Art. 241. The mere participants in a rebellion shall be punished with penalties, from reclusidn temporal in its fullest extent, in the cases specified in paragraph first of subdivision 2 of Article 172, and ranging from that of prisidn mayor in its medium degree, to rechsidn teinoralia its minimum degree, if the same be not comprehended therein.
Art. 242. If the rebellion should not have been roused and organized by known leaders, those shall pass for such who, in action, direct the others, or raise their voices for them, or sign the receipts or other written matters sent out in their name, or exercise other similar acts in representation of the others.
Art. 243. The following shall be punished as rebels, with the penalty of risidn mayor..
I. Those who, wi thout rising against the Government, commit, by craft or some other means, the crimes embraced in Article 237.
2. Those who seduce troops or other class of armed force, land or naval, into committing the crime of rebellion.
If the rebellion actually goes into effect, the seducers are deemed promoters thereof and shall suffer the penalty prescribed in Article 238.
Art 244. Conspiracy to commit the crime of rebellion shall be punished by the penalty of reclusidu temnporal ranging from its medium to its maximum degree.
Proposing to do so shall be punished by reclu.sidn temporal ranging from its minimum to its medium degree.

CHAPTER II.

of Edition.

Art. 245. They are guilty of sedition, who rise publicly and tumultuously, in order to gain by force, or outside of legal methods, some one of the following objects:
I. To prevent the promulgation or execution of the laws, or the free holding of popular elections in any province, electoral circumscription (eircu,scripcidnz) or district (distrito).
2. To obstruct any authority, official, corporation, or public officer,in the free exercise of his functions, or the execution of his judicial or administrative orders.
3. To wreak any deed of hate dr revenge upon the person or property of any Authority or its officers.
4. To wreaki with a political or social object, any deed of hate orrevenge upon individuals, or upon any class in the State.







62 THE PENAL CODE
5. To despoil, with a political or social object, any class of persons, or the Mlunicipalit '%, Province or State, of all, or any part of their own 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 sustained sedition, and its principal chiefs, shall be punished with the penalty of reclusidn, fempor-al, if their offenses are embraced in any of th~e cases specified in the first Paragraph of subdivision 2 of Article 172, and with that of trisidn major, if they are included in none of those.
Art. 247. MTNere participants in sedition shall be punished with prisidn correccional, in its medium and maximum degrees, in the cases specified in paragraph first of subdivision 2 of said article 172; and with
_prisidn cor-recciolial in its minimum and medium degrees, if such offenses be not included therein.
Art. 248. The provisions of Article 242 are applicable to the Case of sedition, that has not been called into organization by known leaders.
Art. 249. Conspiracy to commit the crime of sedition shall be punished with a penalty ranging from arreslo mayor tojiisidn correccjonal in its minimum degree.
Art. 250o. Those who shall seduce troops, or any other class of armed forces, land or naval, whatsoever, to commit the crime of sedition, shall be punished with the penalty of prisidn correccionzal in its medium and maximum degree.
If the sedition should have been aroused, such seducers shall be considered promoters thereof and shall suffer the penalty fixed in article 246.
Art. 2 5 1. In the event of the sedition neither having been brought to the point of embarrassing, in any serious manner, the exercise of public authority, nor having occasioned the perpetration of any other grave crime, the Courts shall reduce, by one or two degrees, the penalties fixed by this chapter.

CHAPTER III.

Provisions common to the two preceaing chapters.

Art. 252. The Courts shall reduce, by one, or two degrees, the penalties fixed by the two preceding chapters, in favor of rebels and seditious persons, who may disband or subtnit to the lawful authorities, at the first summons to do so, provided always that they were not public employees.
Art. 253. Individual crimes, committed during a rebellion or sedition, or on the ocasion thereof, shall be respectively punished according to the provisions of this Codle:
If the authors thereof cannot be discovered, the principal leaders 'of the rebellion or sedition shall be punished as such.
Art. 254. The authorities directly appointed by the Government







OF CUBA AND I ORTO RICO 6
who shall not have resisted the rebellion or sedition by all the means that were within their reach, shall stiffer a penalty ranging from temporary to perpetual absolute disqualification.
Those not directly appointed by the Government shall suffer a penalty ranging from suspension in its maximum- degree to temporary absolute disqualification in its medium degree.
Art. 255. Those employees who continue to discharge their official 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 especial disqualification.
Art. 256. Those who accept office from rebels or seditious persons shall be punished by the penalty of temporary absolute disqualification from public office in its minimum degree.
Art. 257. The penalties of prisidu n maor and prisidn corrccciona4, which are imposed for the crimes embraced in Chapters I and 11, shall be undergone in institutions within or without' the islands of Cuba or Porto Rico.

CHAPTER IV.

Of criminal attempts (atentadoz) against Authority and its officers; resistance and disobedience.

Art. 258. The following commit criminal attempt:
i. Those who, without public uprising, employ' force or intimidation to accomplish any of the objects specified under the crimes of rebellion and sedition.
2. Those who attack the Authorities or their agents, or employ force against them, or gravely intimidate them, or make them an equally grave resistance while they are exercising the functions of their office or are engaged in them.
Art 259. The criminal attempts specified in the preceding article, shall be punished with penalties ranging from prisidn cori en ional in its medium degree to prisidn mayor in its minimum degree, and a fine ranging from 625 to 6250 pesetas, provided always that any of the following circumstances be attendant:
i. If the aggression were accomplished by weapons.
2. If those guilty thereof were public functionaries.
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.
In the absence of these circumstances, the punishment shall be prisidn correccional, from its minimum to its medium degree, and a fine ranging from 375 to 3750 pesetas.
Art. 260. The penalty fixed by the last paragraph of the preceding article, shall be imposed in its highest degree upon culprits, if they emnploy the force or intimidation mentioned in subdivision a of article 258,







64 THlE PENAL CODE
in order to accomplish the object specified in subdivision i of article 237; or if they should have laid hands on persons -who came to the assistance of the Authorities, or upon their officers, or upon public functionaries.
Art. 261. Those persons who, without being mentioned in Article 258, should resist the Authorities, -or their officers, or should grossly disobey them in the performance of the duties of their office, shall be punished with the penalties of arresfo mayor and a fine ranging from 3 25 to 3250 pesetas.
CHAPTER V.

Of acts of disrespect, insults, outrages and throats against Authority, azil
of insults. outrage:; and threats against its officers and other public functionaries.

Art. 262. The following commit an act of disrespect:
i, Those who, while a Mlinister of the Crown or an Authority hap. pens to be in 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 writing directed to him, or who shall threaten him.
2. The public functionary who, while his hierarchical superior hap. pens to be in the exercise of his office, shall calumniate, outrage or insult him, by act or word, in his presence, or in any writing directed to him, or who shall menace him.
Art. 263. If the calumny, insult, outrage or threat to which the foregoing aiticle refers should be grave, the delinquent shall suffer the penalty of prisidlz correecional in its mninimumn and medium degrees, and a fine ranging from 375 to 3750 p)esetas.
If they should be less grave, the penalty shall range from arreslo mayor in its maximum degree up to pisidu correcciozzal in its minimum degree and a fine ranging from 325 to 3250 Pesetas.
Art. 264. Provocation to fight a duel, although it shall be dissembled or have an appearance of privacy, shall be considered a "grave threat" in the meaning of the preceding article.
Art. 265. Those who, while a Minister of the Crown or an Authority happens to be 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 directed to him, shall be punished with the penalty of a-resta mayor.
Art. 266. The penalty of arresfo mayor shall also be imposed on those who outrage, insult or threaten, by act or word, public functionaries, or officers of the Authorities, in their presence, or by-writing to them directly.
CHAPTER VI.

Of Fublic Dlisorders.
Art. 267. Those who raise a tumult or grossly disturb order at the hearing of a Court or judge; at the public transactions appropriate to







OF CUBA AND PORTO RICO 65
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 a penalty ranging from arresto mayor in its medium degree up topisidn correccional in its minimum degree and a fine ranging from 375 to 3750 pesetas.
They shall incur tle same penalties, who shall cause a tumult or grossly disturb order on farms or plantations (haciendas d ingenios,) by refusing to work or by disobeying or resisting the persons charged with their direction or management.
Art. 268. Those who grossly disturb public order in order to offer an outrage or other wrong to any individual person shall incur the penalty of arrest mayor.
If this offense had for object to impede any person in the exercise of his political rights, the penalty of arrcsto major in its maximum degree shall be imposed on the culprit.
Art. 269. The penalty of arrest mayor shall also be imposed, in default of a higher penalty being applicable in conformity with other artides of the Code, on those who raise cries provocative of rebellion or sedition at any meeting or association, or in any public place, or who shall show, in the same places, badges or banners which might directly provoke the disturbance of public order.
Art. 270. Those who extricate from jails or penal institutions any person detained therein or facilitate his escape, shall be punished with penalties, ranging from arrest mayor in its maximum degree to prisidn correccional in its minimum degree, if they should employ to that end violence, intimidation or bribery; and with the penalty of arresto mayor should they have recourse to other means.
If the escape of the prisoner should be effected outside of said institutions by means of surprisitng those charged with their conduct, the same penalties in their minimum degree shall apply.
Art. 271. Those who place obstructions upon railroad tracks, or obstruct telegraph lines, or who intercept messages or. letters, shall be punished with the penalty of prisidn correccional from its minimum to its medium degree.
Art. 272. On those who destroy or injure pictures, statues, or any other public monument of usefulness or beauty, shall be visited penalties ranging from arrests may, in its medium degree up toprisi;n correccional in its minimum degree.

CHAPTER VII.

Provisions common to the three pre:ei.ing chapters.

Art. 273. In the construction of the articles comprised in the three preceding chapters, one who, by himself alone, or as a member of any corporation or tribunal, shall exercise special jurisdiction, shall be held to be an Authority.







166 THE PENAL CODE
The Staff of the Public Prosecutor (Alinisterio Fiscal) shall also be deemed Authorities.
Art. 274. If a person commiting any of the crimes specified in the three preceding chapters should in such case happen himself to be an Authority, civil or ecclesiastical, he shall be punished with the full extent of the appropriate penalty and with temporary absolute disqualification.
Art. 275. The ministers of a religion who, in the exercise of their calling, provoke the execution of any of the offenses comprised in the three preceding chapters, shall be punished with the penalty of banishment if their provocations were of no effect, and with that of conzflnamiento mayor if they did produce effect, unless there shall be a greater penalty prescribed in other articles of this Code appropriate to the offense commited.
TITLE IV.

OF FALSITIES AND FALSIFICATIONS (FALSEDADES).

CHAPTER I.

Of the falsification of the Boyal sign-manual or stamp, the signature of Ministers, seals and marks.

Section First.
OJfalsifcation of the Royal sign-manual or slanP and the signature of Ministers.

Art. 276. One who falsifies the sign-manual or stamp of the King or Regent of the Kingdom, or the signature of Ministers of the Crown, shall be punished with the penalty of cadena temporal.
Art. 277. One who falsifies 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 made use in Spanish territory of the counterfeited signature or stamp; and with that of pesidio correccional from its medium to its maximum degree if he should have made use of them without said territory.
Art. 278. One who should knowingly employ a counterfeited signature or stamp of the classes referred to in the preceding article, shall incur the penalty next lower in degree to that fixed therein for the counterfeiters thereof.
Section Second.

Of the falsification of seals and marks.

Art. 279. One who should counterfeit the great seal of the State shall be punished with the penalty of cadena temporal.
One who should knowingly use the counterfeit seal of the State








OF CUBA AND PORTO RICO 67
shall be punished with the penalty next lower in degree to that fixed in thle preceding paragraph.
Art. 280. One who should counterfeit the great seal 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 correcciona? from its medium to its maximum degree, if he should have made use of it without the said territory,
Art. 281. One who, knowing of the existence of the falsity of the seals to which the two' preceding articles refer, but having no part in their falsification, should avail himself of or use them, shall be punished with the penalty next inferior in degree to those imposed in the aforesaid articles upon the counterfeiters.
Art. 282. The falsification of marks and seals of inspectors of weights and measures, shall be penalized with presidio mayor and a fine ranging from. 625 to 6250 pesetas.
Art. 283. Those wvho knowingly expose for sale objects of gold or silver marked with false stamps of assay shall be punished with the penalty fixed by the preceding article.
IArt. 284. The counterfeiting of seals used by any authority, tribunal, official corporation or public office, shall be punished with pesidlio correccional from its minimum to its medium degree and a fine ranging from 37 5 to 3750 pesetas.
The mere use of that class of seals, with knowledge of their falsity, shall be punished with equal penalties, if it had for object, gain, with prejudice to the public funds; if the case~ be otherwise., the penalty next inferior in degree'shall be imposed on the culprit.
Art. 285. The falsification of the seals, marks and countersignatures which are employed in the offices of the State in identitying some object, or to insure the payment of taxes, shall be punished with the penalties of presidio correccional in its minimum and medium degree and a fine ranging from 375 to 3750 pesetas.
Art. 286. If the falsifications of which the two preceding articles speak should have been accomplshed without the employment of stamps or dies or other mechanical instrument in the counterfeiting thereof, the penalty next inferior in degree to those prescribed for such crimes, shall be imposed on the culprit.
Art. 287. The falsification of seals, marks, tickets, of countersigns which business enterprises or manufacturing or commercial establishments make use of,- shall be punished with presidio corteccional in its minimum and medium degree.
Art. 288. One who shall expose for sale objects of commerce by substituting for the mark or name of the real manufacturer the mark or name of another supposititious manufacturer, shall be punished with the penalty of airesfo mayor and a fine ranging from 325 to 3250 pesetas.
Art. 289. One who causes to disappear from any seal, ticket or countersignature the mark or sign that indicates that it had already been used or was useless for the object of its purchase, shall also incur the penalty of arresto mayor and a fine ranging from 325 to 3250 pesetas.








68 THE PENAL CODE
One who knowingly makes use of such class of seals or countersigns shall incur a fine ranging from 325 to 3250 pesetas.,

CHAPTER 11.

Of the Counterfeiting of Money.

Art. 290. One who makes counterfeit money, of a value less than the genuine, by imitating gold or silver coinage that is lawfully Current in the Kingdom, shall be punished with a penalty, ranging from cadIela tempjoral in its medium degree to cadena Perpetia, and a fine ranging from 625 to 6250 pesetas, if the counterfeit money were of copper.
Art. 291. One who clips lawful coins shall be punished with the penalty of presidio mayor and a fine ranging from 625 to 6250 pesetas.
Art. 292. One who makes counterfeit money, of the value of the genuine, by imitating coinage that is lawfully current in the Kingdom, shall be punished with the penalty of presidio correccional in its medium and maximum degrees, and a fine ranging from 625 to 6250 pesetas.
Art. 293. One who makes counterfeit money by imitating money that is not lawfully current in the kingdom, shall be punished bypresidio correccional in its medium and maximum degrees and a fine ranging from 325 to 3250 Pesetas.
Art. 294. One who clips lawful money that is not lawfully current in the Kingdom, shall be punished with presidio correccional in its minimum and medium degrees and a fine from 625 to 6250 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 to which the preceding article refers, shall pass counterfeit or clipped money, which, with knowledge of its character, they had acquired for the purpose of circulating it, shall be punished with the penalties of-presidio cor-reccional in its medium and maximum degrees, and a fine ranging from 325 to 3250 pesetas.
Art. 297. One who, having received counterfeit money in good faith, shall be punished, if the amount spent exceeded 3 25 pesetas, with a fine ranging from an amount equal to, up to one triple that of the genuine money.
Art. 298. They shall be punished as guilty of an attempt to commit the crimes of circulating money, in whose possession counterfeit money shall be found, which, from its amount and character, may reasonably give the inference that it was intended for circulation.








OF CUBA AND PORTO RICO 69
CHAPTER III.

Of the falsification of bank totes, 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 emission shall have been authorized by a law; or those who shall introduce such into the Islands of Cuba and Porto Rico, shall be punished with a penalty ranging from cadena temporal in its medium degree to cadenaperetna, and a fine, ranging from 6250 to 62500 pesetas.
The same penalty shall be imposed upon them who shall circulate them, in connivance with him who counterfeits or introduces them.
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, or their coupons, knowing that they are false, shall be punished with the penalty of cadena temporal.
Art. 30. They likewise shall be puni-hed with the penalty of cadena tempora l whio 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 emission was authorized by a law of a foreign country, or by an authority that has there the same force as law.
Those who, in complicity with the counterfeiters, shall introduce them, shall incur the same penalty.
Art. 302. Those who, having in good faith acquired banknotes or other instruments payable to bearer, or their coupons, embraced in Articles 299 and 301, shall pass them kno'ving their falsity, shall be punished with the penalty of presidio correccional from its medium to its maximum degrees, and a fine ranging fiom 625 to 6250 pesetas.
Art. 303. Those who shall counterfeit or introduce into the Islands of Cuba and Porto Rico bonds payable to a person named therein or other documents of credit not to bearer whose emission is authorized by virtue of a law, shall be punished with the penalties of cadena lemporal and a fine ranging from 6250 to 62500 pesetas.
Art. 304. Those who shall counterfeit bonds payable to a person named therein, or any other class of instruments of credit not to bearer, whose einission is authorized by a law of a foreign country, or by an authority that has there the same force as a law; and those who introduce them, in connivance with the counterfeiters, shall be punished with a penalty ranging from _presidio mayor in its medium degree up to cadena temporal in its minimum degree.
Art. 305 One who knowingly shall negotiate or make profit, in any other manner, with prejudice to a third person, of a counterfeit bond, that is among those embraced in the preceding articles, shall incur the punishment ofpresidio correccional in its medium and minimum degrees and a fine ranging from 375 to 3750 pesetas.
Art. 3o6. He who shall present in judicial proceedings any bond








70 THE PENAL CODE
made payable to the bearer or its coupons, knowing their falsity, shall incur the penalty of presidio correctional in its medim' and minimum degrees and a fine ranging from 325 to 3250 pesetas.
Art. 307. One 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 ofpresidio nmay'or.
A like penalty shall be imposed on those who introduce such into the territory of Cuba or Porto Rico, or on those who circulate them, in connivance with the counterfeiters or introducers thereof.
Art. 3,,8. Those, who, without being in relation with the counterfeiters or introducers thereof, shall knowingly acquire paper, stamps or articles of the character mentioned in the preceding article, which are false, in order to circulate them, shall be punished with the penalty of presidio correctional in its minimum and medium degrees, and a fine ranging from 375 to 3750 pesetas.
Art 309. Those, who, having in good faith acquired public properties of the character embraced in the last article, shall circulate them, knowing their falsity, shall incur a penalty ranging from arrest mayor in its maximum degree toprisidn correctional in its minimum degree.
Those who merely use them, having knowledge of their falsity, shall incur a fine of from five to ten times the value of the genuine paper or articles which they may have used.

CHAPTER IV.

Of th- falsification of documents.

Section First.
Of the falsication of official and conmercial documents and lelegraphic despatches.

Art. 31o. The public functionary who, in abuse of his authority, shall commit a falsification in any of the manners following, shall be punished with the penalties of cadena tesoral and a fine ranging from 1250 to 125o pesetas:
i. By counterfeiting or feigning any writing, signature or rubric.
2. By injecting into the recital of any proceedings the participation therein of persons who had no such participation.
3. By attributing to those who were present thereat, declarations or recitals different from those which they made.
4. By falsifying the truth in the narration of proceedings.
5. By altering true dates.
6. By inserting in a genuine document any alteration or interlinea. tion which should alter its sense.
7. By giving out a copy authentic in form, of a fictitious document, or by averring in a copy a contrary or different thing from that which the genuine original contained.







OF CUBA AND PORTO RICO 7r
8. By intercalating any instrument in a Protocolo register or official record.
The ecclesiastical minLiter shall likewise be punished with the penalty prescribed in the first paragraph of this article, who shall commit. any of the offenses embraced in the preceding subdivisions, with respect to doings or documents which would have effect on the civil status of persons.
Art. 311. The individual who shall commit any of the falsifications specified in the preceding article, either in a public or official document or in bills of exchange, or any other class of mercantile paper shall be punished with the penalties of presidio mayor and a fine ranging from 1250 to 12500 pesetas.
Art. 312. One who shall knowingly present in judicial proceedings or use with intent of gain, a.false document of the character comprised in the preceding articles, shall be punished with the penalty inferior by two degrees to that prescribed for the falsifiers.
Art. 313. The public functionary charged with the service of the telegraph, who shall invent or falsify a telegraphic despatch, shall incur the penalty of prisidn correccional in its medium and maximum degrees.
One who may have made use of the false despatch, with intent of gain or desire to prejudice another, shall be punished as the principal in the falsification.
Section Second.
Of the falsification ofprivate documents.

Art. 314. One, who, in prejudice of a third person or with intent. of causing it, shall, in a private document, commit any of the falsifications specified in Article 310, shall be punished with the penalties of 'presidio corrcccional in its minimum and medium degrees and a fine ranging from 625 to 6250 pesetas.
Art. 315. One who, without having taken part in the falsification, should have presented in judicial proceedings, or should have used, with intent of gain, or in prejudice of a third person, (and that, knowingly,) a false document of the character of those comprised in the preceding Art. icle, shall incur the penalty inferior by one degree to that prescribed for the falsifier.
Section Third.

Of the falsi fixation ofpassports, cedulas of vicinage and certificates.

Art. 316. The public functionary, who, in abuse of his office, shall issue a passport or a cedula of vicinage under a fictitious name, or shall give it in blank, shal be punished with the penalties of prisidn correccional in its minimum and medium degrees, and temporary especial disqualification from office.
Art. 317. One who should make a false passport or cedula of vi-








72 THE PENAL CODE
cinzage shall be punished with a penalty ranging from ar-es/a mayor in its maximum degree, to pyisidii correccional in its minimum degree, and a fine ranging from 325 to 3250 pesetas.
The same penalties shall be imposed on him, who, in a genuine pass-' port or cedilla of vicinage, shall change the name of the person in whose favor they shall have been issued, or of the Authority which issued them, or who shall alter them in any other essential particular.
Art. 318. One who should make use of the passport or cedilla of vicinage which is treated of in the preceding article, shall be punished with a fine ranging from 325 to 3 250 pesetas.
Those who shall have made use of a genuine passport or cedilla of. vicinage issued in favor of another person shall incur the same penalty.
Art. P9 The physician wxho shall deliver a false certificate of illness or physical injury, with the object of exempting a person from any public duty, shall be punished with penalties ranging from aires/a mayor in its maximum degree to prisidn correccional in its minimum degree and a fine ranging from 325 to 3250 pesetas.
Art. 320. The public functionary who shall issue a false certifiCate of merit or service, of good conduct, of poverty or of other analogous matters, shall be punished with suspension in its medium and maximum degrees and a fine ranging from 325 to 3250 pesetas.
Art, 321. The individual who shall falsify a certificate of the class specified in the preceding articles, shall be punished with the penalty of arresto mayor.
This provision is applicable to one who shall have used such false certificate knowingly.

CHAPTER V.

provisions applicable to the four precoaing chapters.
Art. 322. He, who shall manufacture or introduce dies, seals, marks or any other class whatever of tools or instruments, knowingly designed for the falsifications of which the preceding chapters of this Title treat, shall be punished with the same pecuniary penalties; and with the personal penalties next inferior in degree to those respectively prescribed for the falsifiers.
Art. 323. ,He, who shall have in his possesion any of the tools or instruments spoken of in the preceding article, and not give satisfactory explanation as to how he came to acquire and keep them, shall be punish ed with the same pecuniary penalties, and the personal penalties inferior by two degrees to those corresponding to the falsification to which they were respectively appropriate.
Art. 3 24. The functionary who, in order to execute any falsification in prejudice of the State, of a corporation, or of an individual, in whose service he is, shall make use of legitimate tools or instruments that have been confided to him, shall incur the same penalties, pecuniary and personal, that correspond to the falsification committed, by having them impos.








OF CUBA AND PORTO RICO 73
ed upon him in the maximum degree; and shall, be-ides, incur a penalty ranging from temporary absolute disqualification in its maximum degree, to perpetual absolute disqualification.
Art. 325. Those, who, without being comprised in the preceding article, shall1 get into their possession the legitimate tools or instruments mentioned in the same, and shall make use of them to execute some falsification in prejudice of the State, of a corporation, or of an individual to whom they belong, shall incur the same pecuniary penalties and the personal penalties next inferior in degree, that correspond to the falsification commited.
Art. 326. If the profit, which those guilty of the falsification penalized in this title may have realized, or which they proposed to gain, can be estimated, there shall be imposed on them a fine ranging from an amount equal to up to one three times that of such profit, unless the greatest extent of such fine were less than the least penalty prescribed for the crime, in which case that shall be applied.

CHAPTER VI.

Of the fraudulent concealment of property or means of livelihood; of false testimony and of false accusation and denunciation.

Art. 327. One, who, being put under question by the competent administrative functionary, shall conceal the whole or a part of his property, or the occupation or livelihood that he carries on, with the intent to elude thereby the payment of the taxes that ought to be paid upon such property or for such livelihood, shall incur a fine, ranging from an amount equal to, up to one five times the value of the taxes which he ought to have paid, unless in any case it should fall below 325 pesetas.
Art. 328. One, who, in a criminal case shall give false testimony against the accused, shall be punished
I. With a penalty ranging from eadena fempotal in its maximum degree to cadenaperpe/ta, if the accused should have been, in such case,
-sentenced to the penalty of death, and should have been executed.
2. With the penalty of cadena tempjoral, if the accused should have been condemned, in such case, to suffer the penalty of cadena _perpe/ta and shculd have begun to undergo such penalty.
3. With the penalty of presidio may~or if the accused should have been condemned in such case to cadena perpe/na, and should not have begun to undergo the same.
4. With a penalty ranging from peii orcwai t aiu
degree to that of presidio mayor in its medium degree, if the accused should have been condemned, in such case, to suffer any other exemplary penalty, and should have begun to undergo the same.
5. With a penalty ranging from presidwo correctional in its medium degree to presidio meayor in its minimum degree, if the accused should have been condemned, in such case, to suffer some other exemplary penalty, and should not have begun to undergo the same.








74 THE PENAL CODE
6. With the penalties of presidio correccional in its medium and maximum degrees and a fine of from 625 to 6250 pesetas, if the accused should have been sentenced in such case t ) a correctional penalty an I should have begun to undergo the same7. With the penalties of presidio correctional in its minimum and medium degrees and a fine ranging from 375 from 3750 pesetas if the accused should have been sentenced in such case to a correctional penalty, and should not have begun to undergo the same.
8. With a penalty ranging from arreslo mayor in its maximum degree, to presidio correccional in its minimum degree and a fine ranging from 325 to 3250 pesetas, if the accused should have been condemned to suffer a light sentence and should have begun to undergo the same.
9. With the penalties of arrest mayor and a fine ranging from 325 to 3250 pesetas, if the accused should have been condemned to suffer a light sentence and should not -have begun to undergo the same.
Art. 329. One, who, in criminal case, shall give false testimony in
-favor of the accused, shall be punished with a penalty ranging from arresto mayor in its maximum degree to prisidn correccional in its medium degree, an~d a fine ranging from 37 5 to 3750 pesetas, if the prosecution were for a crime; an~d with that of arresto mayor if it were for a misdemeanor.
Art. 330. The penalty of ar, esto mayor in its minimum and medium degrees shall be imposed on one, wvho, in a criminal prosecution for a crime, !.hall give false testimony, that neither prejudices nor favors the accused.
Art. 331. False testimony given in a civil cause shall be punished with a penalty ranging from arresfo mayor in its maximum degree to presidio correccional in its medium degree and a fine ranging from 62 5 to 6250 pesetas.
If the amount of the claim in such action did not exceed 62 5 pesetas the penalties shalle be those of arres/o mayor and a fine ranging from 625 to 6250 pesetas.
Art. .3P. The penalties of the preceding articles are applicable in their maximum degree to the experts wvho testify falsely in judicial proceed ings.
Art. 333 Whenever the false statement of the witness or expert shall have been given on account of bribery, the penalties shall be those next higher in degree to those respectively fixed in the preceding articles, besides there being imposed on them a fine, in amount equal to or triple the value of the amount promised or given.
This last shall be confiscated if it shall have been delivered over to the person suborned.
Art. 334. When the witness or expert, without essentially perverting the truth shall distort it by his reticence or by his inexactness of statement, the penalties shall be:
i. A fine ranging from 375 to 3750 pesetas, should such falsification take place in a prosecution for a crime; and








OF CUBA AND PORTO RICO 75
2. From 325 to 3250 pesetas, if it should take place in ihe judging of a misdemeanor, or in a civil action.
Art. 335. One who shall knowingly offer perjured witnesses or false documents in a judicial proceeding shall be punished as guilty of testifying falsely.
Art. 336. The crime of false acctisation or denunciation is committed, by falsely imputing to any person acts which, if they were true, would constitute a crime that would give rise to proceedings, at the prosecutor's motion, if the imputation were made before an administrative or judicial functionary who would be obliged to proceed to its investigation or punishment.
No proceeding shall, however, be begun against the denouncer or accuser, unless by virtue of a final sentence or writ equally final, of the Court which took cognizance of the crime imputed, dismissing the complait (sobresdmiento).
That tribunal shall of its own motion order proceedings against the denouncer or accuser, provided always that from the papers in the case there should appear sufficient grounds for commencing such proceeding.
Art. 337- One guilty of false accusation or denunciation shall be punished with presidio correctional in its medium and maximum degrees, if the crime imputed were grave; with that of prisidn correccional in its, minimum and medium degrees, if. the crime imputed were less grave; with that of arresto mayor, if the imputation should have been of a misdemeanor; and with the additional imposition in each case of a fine ranging from 625 to 6250 pesetas.

CHAPTER VII.
Of the usurpation of ofrie, rank ant titles, and th3 unlawful use of names, dress, insignia and. decorations.
Art. 338. One, who, without warrant or legitimate cause, shall exercise.acts belonging to an authority or public functionary, attributing to himself an official character, shall be punished with the penalty of prision correccional in its minimum and medium degrees.
Art, 339. One, who, attributing to himself the rank of professor, shall publicly perform acts belongingto a profession, which he could not exercise without official title, shall incur a penalty ranging from atrestomayor in its maximum degree to Irisidn correccional in its minimum degree.
Art. 340. One who shall usurp the character which would enable him to exercise the functions belonging to ministers of a cult that has, followers in the land, or should perform such functions, shall incur Jenalties from arreso mayor in its maximum degree to prisidn correctional in its minimum degree.
Art. 341- One who shall assume and publicly attribute to himself titles of nobility that do not belong to him, shall incur a fine ranging from 625 to 625o pesetas.








16 THE PENAL CODE
Art. 342. One who shall publicly use an assumed name, shall in-cur the penalties of arresto mayor in its minimum and medium degrees and a fine ranging from 325 to 3250 pesetas.
Whenever the use of the assumed name shall have for object 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 aires/o major in its medium and maximum degrees and a fine ranging from 375 to 3750 pesetas.
Notwithstanding the provisions of this article, the use of an assumed name may be temporarily authorized by the superior administrative authority, for just cause shown.
Art. 343 The public functionary, who, in the duties belonging to his office, shall attribute to any person, by conniving with himn, titles of nobility, or a name that does not belong to him, shall incur a fine ranging from 375 to 3750 pesetas.
Art. 344. One who shall publicly and unlawfully wear a uniform or dress belonging to an office which he does not hold; or of a rank to which hie does not belong; or of an estate not his own; or insignia or decorations that he is not authorized to wvear; shall be punished with .the p~enalty. of a fine ranging from 325 to 3250 pesetas.


TITLE V.

OF THE INFRACTION OF THE LAWS CONCERNING INTERMENTS, OF THE VIOLATION OF SEPtULCHRES AND OF OFFENSES AGAINST PUBLIC HEALTH.

CHAPTER FIRST.
Of the infraction of laws concerning interment and the violation of sepulohres.

Art. 345. He who should conduct, or cause to be conducted, an interment in contravention of the provisions of the laws or regulations respecting the time, place and other formalities prescribed for interments, shall incur the penalty ofairreslo nviyor and a fine ranging from 375 to 3750 pesetas.
Art. 346. One who shall violate sepulchres or graves, commiting any acts whatsoever which should directly tend to detract from the respect due to the memory of the dead, shall be sentenced to the penalties of arr-esto mayor and a fine ranging from 325 to 3250 pesetas.

CHAPTER HI.
Of offenses against public health.

Art. 347. One, wvho, without having been duly authorized, shall make substances injurious to health, or chemical products capable of








OF CUBA AND FORTO RICO 77
causing great destruction, for the purpose of dealing in them; or who shall send them out, or sell or deal in them; shall be punished with the penalties of arresto mayor and a fine ranging from 625 to 6250 pesetas.
Art. 348. One, who, having been licensed to traffic in substanceswhich might be injurious to health, or chemical products of the character specified in the preceding article, shall transmit them or supply them, without complying with the formalities prescribed in the respective regulations concerning the same, shall be punished with the penalties of arreslo mayor and a fine ranging from 325 to 3250 pesetas.
Art. 349 The 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 a penalty ranging from arresto ;nay)or in its maximum degree to prisidn correccional in its minimum degree, and a fine ranging from 325 to 3250 pesetas.
If by reason of the sending out of such medicines, the death of a person should have resulted, the penalty of j-isidn colrreccional, in its medium and maximum degrees, and a floe ranging from 625 to 6250 pesetas, shall be imposed upon the culprit.
Art. 350. The provisions of the two preceding articles are applicable to those who traffic in the substances or products therein specified, and the employees of the pharmacists, if they should be the offending persons.
Art. 351. One who shall exhume or transfer human remains, in~ in-fraction of the regulations and other legal provisions regarding sanitation, shall incur the penalty of a fine ranging from 325 to 3250 pesetas.
Art. 352. One 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 make or sell objects whose use would be necessarily injurious to health; shall be punished with a penalty ranging from arresto mayor in its maximum degree top-i-sion correccional in its minimum degree, and a fine ranging from 325 to 3250 pesetas.
The adulterated wares and the articles injurious to health shall in every case be destroyed.
Art. 353. The penalty specified in the preceding article shall likewise be imposed:
I. On anyone who shall secrete or take away articles intended for destruction or disinfection, with the object of selling or buying them.
2. On one who shall throw into a spring or cistern, or into a stream whose water is used for drinking, any object which should make the water injurious to health.
TITLE VI,

OF GAM13LING AND RAFFLES.
Art. 354 The bankers and proprietors of gambling houses, whereplay is carried on, by chance, stakes or hazard, shall be punished with







78 THE PENAL CODE
the penalty of arresto mayor and a fine ranging from 625 to 6250 pesetas; and, in case of a relapsment, from arresto mayor in its maximum dIegree to jprisidn correccional in its minimum degree, and double the fine.
The players who assemble at the houses referred to, shall be punished by arresto mayor in its minimum degree and a fine ranging from 325 to 3250 pesetas.
In case of relapsment, with that of arreslo mayor in its medium degree, and double the fine.
Art. 355. The managers of, and circulators of tickets in, unau. thorized lotteries or raffles, shall be punished with ari'sto mayor in its minimum and medium degrees, and a fine ranging from 325 to 3250 pesetas.
Those who use fraudulent devices to insure winning (asegurar 11a siterte) in gambling games or raffles, shall be punished as swindlers.
Art. 356. The money or other articles and the instruments and tools intended for gambling or raffles shall be confiscated.

TITLE VII.

OF OFFENSES COMMITTED BY PUBLIC EMPLOYEES IN THE COURSE OF THEIR EMPLOYMENT.

CHAPTER FIRST.

Dereliction of Buty.

Art. 357 The judge who shall knowingly pronounce an unjust sentence upon a guilty person, in a criminal prosecution for a crime, shall himself incur the penalty imposed by such sentence, if it should have been executed, and also a penalty ranging from temporary absolute disqualification in its maximum degree up to perpetual absolute disqualification.'
Art. 358. The judge who shall knowingly pronounce an unjust sentence upon a guilty person, if it should not have been put into execution, shall be punished with the penalty next inferior in degree to that which he had imposed by such unjust sentence, if the crime were a grave crime; and with that next inferior by two degrees to the sentence imposed, if the crime were less grave.
In every case under this article, there shall also be imposed on the culprit a penalty ranging from temporary especial disqualification in its maximum degree up to perpetual especial disqualification.
Art. 359 If such unjust sentence should be knowingly pronounced upon a criminal, in a judicial proceeding concerning a misdemeanor, the penalties shall range from arresto mayor, and temporary especial disqualification in its maximum degree up to perpetual especial disqualification.
Art. 360. The judge who in a criminal prosecution shall knowingly pronounce an unjust sentence in favor of a criminal, shall incur the penalty of prisidn correccional in its minimum and medium degrees








OF CUBIA AND PORTO RICO 79
and another, ranging from temporary especial disqualification in its maximum degree, up to perpetual especial disqualification, if the prosecution wcre for a grave crime; one ranging from arresto mayor in its maximum degree toprisiin correccional in its minimum degree and like disqualification, if the prosecution were for a less grave crime; and that of arresto mayor in its minimum degree and suspension, if the prosecution were for a misdemeanor.
Art. 361. The judge wvho knowingly shall pronounce an unjust judgment in a civil cause shall incur penalties rangii g from arr-esto ma_Iar in its medium degree to prisidn correccional in its minimum degree; and temporary especial disqualification from its maximum degree up to perpetual especial disqualification.
Art. 362. The judge, who, on account of inexcusable negligence or ignorance, shall pronounce judgment or sentence in a civil or criminal case that is manifestly unjust, shall incur a penalty ranging from tempor. ary especial disqualification in its maximum degree up to perpetual especial disqualification.
Art. 363. The judge who knowingly shall pronounce an unjust interlocutory decree shall incur the penalty of suspension.
Art. 364. The judge who shall refuse to judge a cause, under pretext of the 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 functionary, who shall knowingly decree or advise an unjust interlocutory decree or decision in a matter of administrative litigation, or in a matter merely administrative, shall in cur a penalty ranging from temporary especial disqualification in its maximum degree up to perpetual especial disqualification.
With the like penalty shall be punished the public functionary who shall pronounce or advise, through inexcusable negligence or ignorance, a manifestly unjust interlocutory decree or decision in a matter of administrative litigation or a matter merely administrative.
Art. 366. The public functionary, who, in neglect of thc duties of his office, shall maliciously fail to move the prosecution and punishment of delinquents, shall incur a penalty ranging from temporary especial disqualification in its maximum degree up to perpetual especial disqualification.
Art. 367. The Barrister (Aliogado) or Solicitor (Procii/ador) shall he punished with a fine of from 62r' to 6250 pesetas, 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 duty.
Art. 368. The barrister or solicitor, who, having been retained to take up the cause of one party to an action, shall thereafter, without his consent, maintain the opposite side in the same action, or give counsel to it, shall be punished with the penalties of temporary especial disqualification and a fine ranging from 325 to 3250 pesetas.







go THE PENAL CODE

CHAPTER II.

Of Faithlessness in the custody of prisoners.

Art. 369. The public functionary guilty of connivance in the escape of a prisoner, whose conveyance and custody should have been entrusted to him, shall be punished:
i. In case the fugitive should have been finally sentenced to undergo any penalty, with that inferior to it by two (degrees, and an additional penalty ranging from temporary especial disqualification in its maximum degree up to perpetual especial disqualification.
2. With the penalty inferior by three degrees to that affixed by law to the crime for which the fugitive was being proceeded against if hie should not have yet been finally condemned; and with the additional penalty of temporary especial diiq uali lication.
Art. 370. The individual, who, having happened to be charged with the conveyance or custody of a prisoner or person under arrest, shall commit any of the crimes specified in the preceding article, shall be punished with th penalties next inferior in degree to those prescribed for the case of a public functionary.

CHAPTER 111.

Of Faithlessness in the custody of documents.

Art. 371 The public functionary who shall steal, destroy or hide documents or papers entrusted to him in virtue of his office, shall be pun ished: igf m6.
i[. With the penalties of Arisidn mayor and a fine rangigfo 2
to 62 50 pesetas, provided always that a grave injury to a third person or the public interests shall result from his action.
2. With p-isidn correecionza/ in its minimum and medium degrees and a fine ranging from 325 to 3250 pesetas, if the injury to third persons or public interest were not grave.
In either case, there shall likewise be imposed a penalty ranging from temporary especial disqualification in its maximum degree up to perpetual especial disqualification.
Art. 372. The public functionary who, being intrusted with the custody of papers or effects sealed by authority, should break the seals, or onsetet that they be broken, shall be punished with the penalties of piisidn cori-eccionalz in its minimum and medium degree, temporary especial disqualification from office, ranging from its maximum degree up to perpetual especial disqualification, and a fine ranging from 625 to 625C pesetas.
'Art. 373. The public functionary, who, not being included in the preceding article, should open, or Consent to open, without competent authorization, closed (cerradlo) papers or documents whose custody should have been entrusted to him, shall incur the penalties of arreslo mayor







OF CUBA AND PORTO RICO 81
temporary especial disqualification from office and a fine ranging from 325 to 32 50 pesetas.
The penalties prescribed in the three preceding articles are also applicable to ecclesiastics and to individuals entrusted on special occasions with the transmission or custody of documents or papers, by warrant of the government or of functionaries to whom they had been entrusted in virtue of their office.

CHAPTER IV.

Of the violation of secrets.
Art- 374. The public functionary, who shall reveal the secrets of which he has knowledge by virtue of his office. or who shall wrongfully deliver papers or copies of papers which he holds in official custody and that ought not to be made public, shall incur the penalties of suspension in its minimum and medium degree and a fine ranging from 325 to 3250 pesetas.
If grave injury to the public interest should result from the revelation or the delivery of papers, the penalties shall range from temporary especial disqualification from office in its maximum degree up to perpetual special disqualification and _prisidn correctional in its medium and rn ximum degrees.
Art. 375. The public functionary, who, by virtue of his employment, knows the secrets of an individual and discovers them, shall incur the penalties of suspension.. arrest Inayor and fine ranging from 325 to 3250 pesetas.
CHAPTER V.

Of Disobedience and Befusal of Co-operation.
Art- 376. The judicial or administrative functionaries who shall openly refuse to give due fulfilment to the sentences, decrees or orders of a superior Authority, issued within the limits of its respective province, and clothed with all due legal formalities, shall incur penalties ranging from temporary especial disqualification in its maximum degree up to perpetual especial disqualification and a fine ranging from 375 to 3750 pesetas.
Notwithstanding the provisions of the preceding paragraph, public functionaries shall not incur criminal responsibility for not putting in force an administrative order that should constitute an open, clear and definite infraction of a Constitutional precept.
Neither shall public functionaries exercising authority incur criminal .responsibility, who do not put in force an order of the same character wherein any other law is openly, clearly and definitely infringed.
Art. 37 7. The public functionaries who, for whatever reason (not, however, one of those specified in the second paragraph of the preceding article), should have suspended the execution of his superiors' or-








82 THE PENAL CODE
ders, and should disobey them after such suspension thereof had been disapproved, shall suffer the penalty of perpetual especial disqualification and prisidn correccional in its minimum and medium degrees.
Art. 378. The public functionary who, upon the request of the competent Authority, does not lend him the cooperation in the administration of justice or other public service due and owing to him, ,shall incur the penalty of suspension in its minimum and medium degrees, and a fine ranging from 325 to 3250 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 especial disqualification and a fine ranging from 375 to 3750 pesetas.
Art. 379. One who refuses or declines to occupy a public 'office that is filled by popular election, without presenting a legal excuse to the appropriate Authority, or after such excuse shall have been held insufficient, shall incur a fine ranging from 375 to 3750 pesetas.
There shall incur the same penalty, any juror who willfully fails to perform his duties without an accepted excuse, and the expert and the witnc.ss who likewise deliberately fail to 'appear before a Court to give their testimony, when they have been duly cited to do so.

CHAPTER VI.

Anticipation, prolongation and abandonment of public functions.

Art. 380. One who enters upon the performance of a public employment or office, without having taken the oath in'due form or given the bond required by law, shall be suspended from such employment or office, until he complies with those respective formalities, and shall incur a fine ranging from 325 to 3250 pesetas.
Art. 381. The public functionary who shall continue in the exercise of his employment, office or commission, after it should have ceased by conformity with the laws or regulations, or the provisions having spe. cial application to such branch of the service, shall be punished with the penalties of temporary especial disqualification in its minimum degree and a fine ranging from 325 to 3250 pesetas.
Art. 382. The public functionary guilty of any of the offenses penalized in the two preceding articles, who should have received any sums of money by way of fees or emoluments, on account of his office or commission, accruing during the time before he was qualified to exercise them, or after he had ceased to have the right to do so, shall be furthermore condemned to restore such sums, together with a fine of from io to 5o per cent, of their amount.
Art. 383. The public functionary, who shall abandon his employ ment without his resignation having been accepted, thereby injuring the public interest, shall be punished with the penalty of suspension in its medium and maximum degrees.
If the reason for the abandonment of such employ ment was in order that such person should neither hinder, prosecute Or punish any of the








OF CUBA AND PORTO RICO 83
,crimes embraced in Titles I and 2 of Book 11 of this Code, there shall be imposed on the guilty person the penalty of prisidn correctional, ranging from its minimum to its medium degree; and with that of arrest mayor, if he had for motive, not to prevent, prosecute or punish any other class of crime.
CHAPTER VIL
Of the usurpation of prerogatives, and of illegal appointments to office.

Art- 384. The public functionary who shall infringe upon the prerogatives of the legislative power, by prescribing regulations or general provisions in excess of his powers, by annulling or suspending the execution of any law, shall incur the penalty of temporary especial.disqualification and a fine ranging from 375 to 3750 pesetas.
Art. 385. The judge who shall arrogate to himself prerogatives belonging to the administrative authorities, or shall interfere with them in the lawful exercise of their own, shall be punished with the penalty of suspension.
The same penalty shall be imposed upon every functionary of the administrative department, who shall arrogate to himself judicial prerogatives or interfere with tne execution of an interlocutory decree or decision pronounced by a competent judge.
Art- 386. The public functionary who, being duly warned by writ of inhibition (inhibichhz) should continue to act, before the matter in controversy had been decided by the Court, shall be punished with a fine ranging from 325 to 3250 pesetas.
Art 387. The administrative or military functionaries that shall give orders or intimations to a judicial authority, relative to actions or matters in controversy, whose cognizance or decision is within the exclusive competency of Courts of justice, shall incur the penalties of suspension in their minimum and medium degrees and a fine ranging from 625 to 6250 pesetas.
Art. 388. The ecclesiastic, who, when required by the competent court, shall refuse to remit to it the files that have been asked from him, for the decision of an application (recurso de fiterza) made to the civil jurisdiction, shall be punished with the penalty of temporary especial disqualification.
Relapsing in such fault shall be punished with that of perpetual especial disqualification.
Art- 389. The public functionary who knowingly shall put forward or nominate for public trust a person in whom the legal qualifications are
-wanting, shall be punished with the penalty of suspension, and a fine of from 325 to 3250 pesetas.
CHAPTER VIII.
Of abuses against chastity.

Art- 39o. The public functionary who shall solicit a woman, who has applications before him awaiting his decision, or about which he has








84 THE PENAL CODE
to inform or consult his superior officer, shall be punished with the penal-~
ty of temporary especial disqualification.
Art. 391. The keeper of the prison who shall solicit a woman
under his keeping, shall be punished with a penalty ranging from prisio'ni
correctional in its medium to its maximum degree.
If the person so solicited were the wife, daughter, sister, or a relation
by affinity within the same degrees, of a person whom he had under his keeping, the penalty shall be one ranging from PrisMi correctional in its.
minimum to its medium degree.
.In every case he'shall in addition incur a penalty ranging from temporary especial disqualification in its maximum degree to perpetual especial disqualification.
CHAPTER IX.

Bribery.

Art. 392. The public functionary who shall receive directly orthrough a go-between, a gift or present, or who shall accept offers or promises for his committing, in the discharge of his office, an act in the nature of a crime, shall be punished with penalties ranging from prisidir correeccwnal in its minimum to its medium degree and a fine ranging from an amount equal, up to one threefold the value of the gift, without prejudice to the infliction of the penalty appropriate to the crime committed, by reason of such gift or promise, provided such crime should have been
committed.
Art. 393. The public functionary who shall receive directly or
___through a go-between, any gift or present, or who shall accept any offer
or promise, for the execution of an unjust act relative to the discharge ofhis office, not in the nature ofa crime, and who shall execute it, shall incur the penalty of presidio correctional in its minimum and medium degree and a fine ranging from an amount equal to, up to one triple the value of the gift. If the unjust act was not actually executed, there shall be imposed on him penalties ranging from arresto mayor in its maximum degree'to presidio correctional in its minimum degree, and a fine ranging,
from an amount equal to, up to one double the value of the gift.
Art. 394. When the gift received or promised had for object that
the public functionary should leave undone an act which hie ought to have done in the exercise of the duties of his office, the penalties shall range fiom arres/o mayor in its medium degree to its maximum degreeand a fine from an a mount equal to, up to one triple the value of thebribe.
Art. 39.S. The provisions of the three preceding articles shall beapplicable to jurors, arbiters, arbitrators, experts, mediators (hombresbuenos,) or any persons whomsoever, that occupy a position of public
service.
Art. 396. The persons criminally responsible for the crimes embraced in the preceding articles, shall incur, in addition to the penalties
therein imposed, that of temporary especial disqualification.








OF CUBA AND PORTO RICO 8
Art. 397 The public functionary who shall accept presents that
-were given to him on account of his official position, shall be punished with the penalty of suspension in its minimum and medium degrees, and public censure.
Art. 398. Those who corrupt public functionaries with gifts, presents, offerings or promises, shall be punished with the like penalties inflicted on the officers suborned, less that of disqualification.
Art. 399 If the person bribed shall interfere in a criminal cause in favor of the criminal, through the procurement of his spouse or of any ancestor, descendant, brother, or relation by affinity within the same degrees, there shall only be imposed on the person suborning himi a fine equivalent to the value of the gift or promise.
Art. 400. In every case the gifts or presents shall be confiscated.

CHAPTER X.

Of the malversation of public funds.

Art. 4011. The public employee who by reason of his office has in his charge public funds or property, and who should take (or consent that others should take) any part therefrom, shall be punished: i. With a penalty ranging from arresto mayor in its maximum degree to Irisio'n correccional in its minimum degree if the amount so taken Adid not exceed 2 5 pesetas.
2. With that of presidio correccional in its medium and maximum degrees, if it exceeded 125 and did not exceed 6250 pesetas.
3. With that of presidio mayor, if it exceeded 6250 and did not exceed 125,000 pesetas.
4. With that of cadena temporaliif it exceeded 125,000 pesetas.
InI every instance, with a penalty ranging from temporary especial
-disqualification in its maximum degree to perpetual absolute disqualification.
Art. 402. The public functionary, who, through inexcusable aban-donment, or neglect of duty, should enable the peculation of public funds or property, treated of in subdivisions -2, 3, and 4, of the preceding article, to be effected by another person, shall incur the penalty of a fine equivalent to the value of the money or property mis -appropriated.
Art. 4c3. The functionary who, to the detriment or hinderance 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 especial disqualification and a fine ranging from 20 to 5o per cent. of the amount diverted. If restitution be not made, the penalties prescribed in Article 401 will be imposed on him.
If such unlawful use of the funds were without detriment to or hinderance of the public service, he shall incur the penalty of suspension and a fine ranging from five to twenty- five per cent, of the amount diverted.
Art. 404. The public functionary who' shall give to the funds or
_property that he administers a public application different from that to








86 THE PENAL CODE
which they were destined, shall incur the penalties of temporary disquali fic-ition, and a fine of from five to fifty per cent. of the amount diverted, if detriment to or hindrance of the public service to which they were assigned should result therefrom; otherwise, that of suspension.
Art. 405. The public functionary who, as a holder of State funds, should be under duty to make a payment, and should not make it, shall be punished with the penalties of suspension and a fine ranging from five to twenty-five per cent. of the amount unpaid.
This provision is applicable to the public functionary who, when required by order of the competent Authority, should refuse to deliver anything placed under his custody or supervision.
The fine shall in such case be graduated according to the value of the thing and shall not fall below 325 pesetas.
Art. 4o6. The provisions of this chapter are applicable to those who happen to be entrusted for any reason with funds, income, rents or properties, provincial or municipal, or belonging to an establishment of learning or charitable Institution, and to the administrators or depositaries of funds put under attachment, sequestration or deposited by public authority, even though they belong to individuals.

CHAPTER XI.
Of frauds and illegal exactions.
Art. 407. The public functionary who while taking part, by reason of his functions, in any commission of supply, contracts, settlements or liquidations of public effects or belongings. shall act therein in concert with interested persons or speculators, or employ any other device to defraud the State, shall incur the penalty ofpresidiororreccionalin its medium and maximum degrees, and a penalty ranging from temporary especial disqualification in its maximum degree up to perpetual especial disqualification.
Art. 4o8. The public functionary, who shall become personally interested, directly or indirectly, in any class of contract or operation whatever in which he has to take part, by reason of his functions, shall be punished with the penalties of temporary especial disqualification and a fine of from io to 8o per cent. of the value of the interest which he would have derived from his transaction.
This provision is applicable to individual experts, referees and accomptants, with respect to the property or things which they have under appraisement or have been called on to make partition of, or adjudication on; and to guardians of persons or property, and to executors, with respect to belongings of their wards or testamentary beneficiaries.
Art. 409 The public functionary who shall directly or indirectly exact greater fees than those to which he is entitled by reason of his office, shall be punished whith a fine ranging from double to quadruple the amount exacted.
One habitually guilty of this offense shall, in addition, incur the pe nalty of temporary especial disqualification.








OF CUBA AND PORTO RICO 87
Art. 41o. The public functionary, who, taking undue advantage of his office, shall commit any of the crimes specified in Chapter IV. Section Second, Title XIII of this Book, shall incur, in addition to the penalties therein affixed, another, ranging from temporary especial disquali fication in its maximum degree up to perpetual especial disqualification.

CHAPTER XII.
Cf business transactions forbidden to those holding public office.

Art. 41 1. The judges, functionaries of the ininisferio fiscal the military, administrative or financial heads of a province or district (with the exception of Alcaldes), who, during their tenure of office, shall directly or indirectly take part in operations of exchange, trade or gain, outside the limits of their jurisdiction or command, with respect to objects not produced by their owvn property, shall be punished with the penalties of suspension and a fine of from 625 to 6250 pesetas.
This provision is not applicable to those who should invest their funds in the stock of a bank or any enterprise or company, provided they hold in them neither any office nor direction, administrative or financial.

CHAPTER XIII.
General Provision.

Art. 412. In the application of this and the preceding Titles of the present Book, every person shall be deemed a public functionary who, by the i nmediate provisions of the law and by popular election or appointment by competent Authority, takes part in the exercise of public functions.

TITLE VIII.
OF CRIMES AGAINST THE PERSON.

CHAPTER FIRST.
Cf P1arricide,

Art. 4 13. One who shall murder his father, mother, or son, (whether the relationship be legitimate or illegitimate) or any other of his ancestors or descendants, or his spouse, shall be punished as a parricide, with a penalty ranging from cadenaperpelua to death.

CHAPTER II.
Of Assassination.
Art, 414. He is guilty of Assassination who,' without being included in the preceding article, kills any person, under the attendance of any of the following circumstances:







THE PENAL CODE
i. With treachery.
2. For price or promise of reward.
3. By means of flood, fire or poison.
4. With deliberate premeditation.
5. With vindictiveness, by deliberately and inhumanly increasing the suffering of the person attacked.
One guilty of assassination shall be punished with a penalty ranging from cadena temporal in its maximum degree to death.
Art. 415. The slave who, under any of the circumstances specified in the preceding article, shall kill his master or his master's spouse, or any of the ancestors or descendants of the same, living in his household, shall be punished with a penalty ranging from cadena perpetua to death.
The same penalty shall be imposed on the freedman who kills his patron, under the accompaniment of any of the aforesaid circumstances.

CHAPTER III.
Of Homicide.

Art. 4r6. He is guilty of homicide who, not being covered by the provisions of article 4 r3, shall kill another without the accompaniment of any of the attendant circumstances specified in Article 414.
One guilty of homicide shall be punished with reclsidn temporal.
Art. 417. The slave who, without the accompaniment of the cir cumstances specified in Article 414, shall kill his master or master 's spouse, or any of the ancestors 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 a penalty ranging from reclusidn temporal in its medium degree to reclusidn perpetua.
The homicide committed by a freedman upon the person of his patron shall be punished in the same manner.
Art. 418. When several persons are struggling and fighting together confusedly and tumultously, wherefrom a death should result, the author of which cannot be ascertained but those who inflicted serious wounds are found, they shall be punished with the penalty ofprisidn mayor.
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, the penalty of ptisidn correctional in its medium and maximum degrees.
Art. 419. One who lends his assistance to another in committing suicide, shall be punished with the penalty of prisidn mayor. If his assistance should extend to the point of himself taking such person's life, ,he shall be punished with the penalty of reclusidn temporal.

CHAPTER IV.
Provisions common to the three preceding chapters.

,Art. 420. The Courts, taking into consideration the circumstances







OF CUBA AND PORTO RICO 89
of the deed, shall punish the frustrated crimes of parricide, assassination and homicide, with a penalty inferior by one degree to that which ought to be applied according to paragraph first of Article 64.
They may also reduce by one degree, according to the circumstances of the deed, the penalty applicable to an attempt, as provided in Article 65.
Art. 421. The act of discharging a firearm at any person, shall be punished with the penalty ofprisidn correccionalin its minimum and me. dium degrees, if all the circumstances of the deed necessary to constitute a fiustrated crime or attempt at parricide, assassination, homicide or any other crime to which is affixed a higher penalty by any of the articles of this Code, are not present.

CHAPTER V.
Of infanticide.
Art 422. The mother, who, to hide her shame, kills her child before it has reached the age of three days, shall be punished with the penalty offprisidn correccional, in its medium and m iximurn degrees.
The father or mother of a woman who, to hide their daughter's shame, commit this crime, shall be punished with the penalty ofprisidn mayor.
Apart from these cases, one who kills a newly born infant shall incur, according to the facts, the penalties of parricide or assassination.

CHAPTER VI.
Of abortions.
Art. 423. One who shall purposely cause an abortion shall be punished:
i. With the penalty of reclusidn temporal, if he used violence against the person of the pregnant woman.
2. With that of prisidn mayor if, though he did not use violence, he acted without the consent of the woman.
3- With that of prisidu correccional in its medium and maximum degrees, if the woman consented thereto.
Art. 424. One vho occasions a miscarriage by his violence, although without having intent to cause it, shall be punished vithprisidn correccional in fts minimum and medium degrees.
Art. 425. The woman who shall cause her own abortion, or consent that another person bring it about, shall be punished vith pisidn correccional in its medium and maximum degrees.
If she should do so to hide her shame, she shall incur the penalty of prisidn correcional in its minimum and medium degrees.
Art. 426. The physician, who, by wrongful use of his skill, shall cause the abortion, or take part therein, shall respectively incur in their highest degree s the various penalties prescribed in article 423.







90 THE PENAL CODE
The pharmacist, who without the proper doctor's prescription, should sell a medicine for producing an abortion, shall incur the penalties of arresto mayor and a fine ranging from 325 to 3250 pesetas.

CHAPTER VII.

Of personal injuries inflicted by violence (Lesiones).
Art. 427. He who shall purposely castrate another, shall be punished with a penalty ranging from rec/usidu temporal to reclusion perpctua.
Art. 428. Every other mutilation of the person, likewise purposely committed shall be punished with the penalty of reclusidn temporal.
Art. 429. One who should wound, bruise or maltreat another, shall be punished as guilty of causing serious physical injuries: i. With the penalty of prisidz mayor, if as the result of the injuries, the person assaulted became imbecile, impotent or blind.
2. With that of prisidn correccional in its medium and maximum degrees if, as the result of such injuries, the person assaulted should have lost an eye or any principal member of the body, 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 that of prisidn correccional in its minimum and medium degrees, if, as the result of such injuries, the assaulted person had become deformed, or had lost a member (not, however, principal), or should have had it rendered useless, or should have been, for a period of more than ninety days, ill, or incapacitated from his usual occupation.
4." With that of arrest mayor from its maximum degree up to prisidn 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 penalty shall be that of reclusidn temporal in its medium and maximum degrees, in the case prescribed in subdivision i of this article; and with one ranging from prisidn correccional in its maximum degree to prisidn mayor in its minimum degree in the case specified in subdivision 2; that of prisidn correccional in its medium and maximum degrees in that specified in subdivision 3; and that of prisidn correccional in its minimum and medium degrees in that specified in subdivision 4 of the same.
The injuries which a father may cause his child in excess of necessary 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 such correction does not exceed the limit of punishment which the regulations authorize.








OF CUBA AND PORTO RICO 91
Art. 430. If the master should cause or have caused a slave the injuries embraced in subdivisions Iand 2 of the precedi:-;g article, the civil responsibility, for which he should account, according to Article 17, shall be extended to the obligatory manumrission of the injured person and the obligation to support him during his life.
If the injuries which the master should thus inflict or cause to be inflicted, were among those embraced in subdivisions 3 and 4 of the prece 'ding 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 of the preceding articles are respectively applicable to one who, without intent to kill, shall cause another any of such serious injuries by knowingly administering to him noxious articles of food, or drink, or by taking advantage of his credulity or feebleness of mind.
Art. 432. Injuries not embraced in the preceding articles, which shall render the injured person unable to work for eight days or more, or for a like time require care of a physician, shall be deemed less serious, and shall be punished with arresto mayor or banishment, and a fine ranging from 325 to 3250 pesetas in the discretion of the courts.
When such a less serious injury should be caused with manifest intent of outrage (i~jitria) or with humiliating accompaniments, in addition to arrest mayor, a fine ranging from 3 25 to 3250 pesetas shall be imposed.
Art. 433. Less serious injuries inflicted on parents, ancestors, guardians ot persons or property, teachers, or persons holding public rank or authority, masters, patrons, overseers or majordomos, shall be punished always with .prisidn correccional in its minimum and medium degrees.
Art. 434 When, in the quarrelsome brawl referred to in Article 418, serious injuries should be caused to some person and it is not ascertained who caused them, there shall be imposed the penalty immediately inferior to that appropriate to a case in which the author of such injuries were known, upon everyone who shall appear to have exercised any vic, lence upon the person of the injured party.
Art. 435. One who shall mutilate himself or lend his consent to his mutilation, with the object of securing his exemption from military service, and shall have been declared exempt from such service on account of such mutilation, shall incur the penalty oftresidio correccional in its medium and maximum degrees.
Art. 436. H_ who should disable another, by his consent, with the object mentioned in the preceding article, shall incur th 'e penalty of J'residio correccional in its minimum and medium degrces.
If be should have done the deed for price, the penalty shall be that next superior in degree to that fixed in the preceding paragraph.
If the person guilty of this offense was the father, mother, wife, brother or brother-in-law of the person mutilated, the penalty shall range from arresto mayor, in its medium degree to prisidn correccional in its minimum degree.







92 THE PENAL CODE

CHAPTER VIII.

A general provision.

Art. 437 The husband wvho should surprise his wife in adultery and should kill her or her paramour in the act, or should cause them any kind of serious physical injury, shall be punished with the penalty of banishment.
If he should cause them injuries of any other character he shall be exempt from punishment.
These rules are applicable in like circumstances to fathers, with regard to their daughters under the age Of 23 years and their seducers, while they are living under the paternal roof.
The benefit of this article shall not be extended in favor of those who may have instigated or facilitated the prostitution of their wives of daughters.
CHAPTER IX

Cf duelling.

Art. 438. The public authority who shall have notice that a duel is being arranged, shall proceed to the detention of the challenger and that (,f the challenged party (if he has accepted the challenge), and shall not set them at liberty until they give their word of honor to desist from their purpose.
He, who, in breach of faith and of his word, shall challenge his adversary anew, shall be punished with the penalties of temporary absolute disqualification from public office and of confinamiento.
One who accepts the challenge under similar circumstances shall be punished with banishment.
Art. 439 He, who shall kill his adversary in a duel, shall be punished with the penalty oftisidn mnayoi.
If he causes him the injuries described in subdivision i of Article 429, with that of prisidn correccional in its mnediumn and maximum degrees.
In any other case whatscever the penalty of arresto mayor shall be imposed upon the combatants, although no injury should result therefrom.
Art. 440. In place of thle penalties prescribed in the preceding article, there shall be imposed, in case of homicide, that of conFnamie;;to; that of banishment, in case of injuries embraced in subdivision x of Article 429, and that of a fine ranging from 325 to 3250 pesetas, in all other cases:
I.Upon the challenged person who should fight because he had 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 that had been inferred.
3. Upon a person outraged in -his honor, who should fight because








OF CUBA AND PORTO RICO 93
he had not been able to obtain from the offender the adequate explanation or proper satisfaction for which he had asked.
Art. 441. The penalties affixed in Article 439 shall be imposed in their maximum degrees:
I. Upon him who shall challenge another to a duel without explaining to his adversary,. if he should demand them, the reasons therefor.
2. Upon him who having issued a challenge although he should do so with cause, should reject the adequate explanations or proper satisfaction that his adversary should have offered him.
3. Upon him, wvho, having done his adversary any injury whatever, should refuse to give him sufficient explanations, or proper satisfaction.
Art. 442. One who shall incite another to send or accept a challenge to a duel, shall be punished respectively with the penalties fixed in Article 439, if the duel should occur.
Art. 443. One who shall revile or publicly discredit another for having refused a challenge, shall incur the penalties prescribed in cases of serious outrage (iqIuiiaj upon individuals.
Art. 444. The seconds of a duel from which death or wounds result, shall be respectively punished as principals with premeditation in such offenses, if they should have incited the duel or employed any manner of treachery in its conduct, or in the arrangement of it& conditions.
They shall be held as accomplices in the same offense, if they shout ld have planned it to the death, or with known advantage on the part of one of the combatants.
They shall incur the penalties of arresfo -nayor and a fine ranging from 625 to 6250 pesetas, if they should not have done everything possible on their part to reconcile the disputants, or should not have agreed to arrange the conditions of the duel in the manner the least dangerous possible for the life of the combatants.
Art. 445. The duel which takes place without the presence of two or more seconds, elder in years to each of the combatants, and without their having selected the arms and arranged all the other conditions thereof, shall be punished:
x. With prisidn correccional if neither death or wounds result therefrom.
2. With the general penalties of this Code, if such should result, never falling below that ofprisidn correccional.
Art. 446. There shall likewise be imposed the general penalties of this Code, and, in addition, that of temporary absolute disqualification:
i. On him who shall promote or give rise to a challenge, proposing to himself some pecuniary interest or immoral object to accrue therefrom.
2. On the combatant who is guilty of the treachery of disregarding. the conditions agreed upon by the seconds.








94 THE PENAL CODE

TITLE IX.

OF CRIMES AGAINST CHASTITY.

CHAPTER FIRST.
Of' adultery.

Art. 447. Adultery shall be punished with the penalty of prisidn correccdona/ 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, when 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 frisidrn mayor.
Art. 449. Adultery shall not be punished except upon the complaint of the aggrieved husband.
The latter can only complain against both parties that are guilty, if both be 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 this case the adulterer's penalty shall also be considered pardoned.
Art. 451. The final judgment rendered in a suit for divorce on the ground of adultery, shall have full effect as to penal consequences, if it absolves the respondents.
If the judgment is condemnatory of the respondents, however, a new (criminal) proceeding shall be necessary in order to impose penalties upon them.
Art. 45-2. The Husband who shall keep a concubine in his home, or out of it with scandal, shall be punished with prisidn correccional in its minimum and medium degrees.
The concubine shall be punished with banishment.
The provisions of Articles 419 and 450 are applicable to the case treated of in this article.
CHAPTER HI.

Of' nape (violaci6n) and wrongful abuses of' chastity.

Art. 453. The violation of a woman shall be punished with the penalty of reclusidn tevoqo),a?.
Rape is committed by lying with a woman in any of the following cases:
i. If force or intimidation be employed.
2. If the woman is from any cause, deprived of reason or unconscious.







OF CUBA AND PORT RICO 95
3" If she is under twelve years of age, though none of the circumstances mentioned in the two preceding subdivisions may be attendant.
Art. 454. The slave who should violate a woman, under whose servitude he were, or the wife, daughter or granddaughter of his master. or a woman of the family of any of them, within the fourth degree of kindred, and living in their household, shall be punished with a penalty ranging from reclusidn tetporal in its medium degree to reclusidn per.Petua.
Art. 455. Whoever should offend lewdly the person of one of either sex, with the attendance of any of the circumstances recited in Article 453, shall be punished according to the gravity of the cae, with the penalty of Irisidn correccional in its med um and maximum degrees.
If the lewd abuse that is spoken of in the preceding paragraph be committed by the slave against any member of his master's family within the fourth degree of kindred, the punishment shall range fromprisidn
-orreccionalin its maximum degree to prisidu mayor in its minimum degree.
CHAPTER III.

Of Crimes of Public Scandal.
Art. 456. Whoever, being united by an indissoluble religious marriage, should abandon his spouse and contract another marriage by the civil law with another person, or vice versa, although the new religious marriage he should contract were not indissoluble, he shall be punished with a penalty ranging from arrest mayor in its maximum degree to
_prisidn correccional in its minimum degree and public censure.
Art. 457. Those who in any way should offend modesty or general good habits, by doings of grievous scandal or enormity, not expressly comprised in other articles of this Code, shall incur the penalty of arrest mayor and public censure.
Art, 458. Those who should preach or proclaim, with publicity and scandal, doctrines contrary to public morals, shall incur the penalty of a fine ranging from 325 to 3250 pesetas.

CHAPTER IV.
Of seduction and corruption of minors.

Art. 459. The seduction of a virgin over twelve and less than 23 years of age, committed by a public officer, priest, servant, inmate of the house (domnesfico), guardian, teacher, or any person charged with her education or guardianship, under whatsoever name, shall be punished with the penalty of prisidn correccional in its minimum and medium degrees.
Whoever shall commit incest with his sister or any descendant of his, 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







96 THE PENAL CODE
woman older than 12 years of age but under 23, shall be punished with the penalty of arrest mayor.
Any other unchaste abuse, committed by the same persons and in like circumstances, shall be punished with the same penalty.
Art. 460. If the seduction ,ere committed by a slave on the person of his mistress, the daughter or granddaughter of his master, or a woman of their family, relative to any one of them within the fourth degree of kindred and living in their household, the penalty shall range from prisidn correccional in its maximum degree toprisidn maoor in its minimum and medium degrees.
Art. 461. The unchaste offense, if committed by a slave, through the employment of fraud, upon a person over 12 years of age but under 23, belonging to his master's family within the fourth degree of kindred, shall be punished with the penalty ofprisidn correccional in its minimum and medium degrees.
Art. 462. Whoever shall habitually, or through misuse of authority or another's trust promote or facilitate the prustituton 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 the culprit were an officer invested with authority.

CHAPTER V.

Of Abduction (Rapto).

Art. 463. The abduction of a woman, performed against her will and wth unchaste designs, shall be punished with the penalty of reclusidn temporal.
The same penalty shall be imposed, in all events, if the person abducted were under 12 years of age.
Art. 464. If the crime provided against 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 kindred, and living in their household, he shall be punished with a penalty ranging from reclusidn temporal in its medium degree to reclusion erpetila.
Art. 465. The abduction of a virgin under 23 years of age and over 12, committed with her assent, shall be punished with penalty of prisidn co;reccional 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 a penalty ranging from prisidn coneccional in its maximum degree to prisidn mayor in its minimum degree.
Art. 466. Those guilty of the crime of abduction who should not give news concerning the whereabouts of the person abducted or satisfactory explanation of her death er disappearance, shall be punished with the penalty of cadenaperetua.







OF CUBA AND PORTO RICO 97
CHAPTER VI.

Fro~lsons common to the preceding chapters.

Art. 467. Criminal proceedings for seduction can only be commenced by 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, although they dq not present a formal petition to the judge.
If the aggrieved person should by reason of her age or mental condition, rot have the requisite qualifications (persona/idad) to appear ia Court, and should, besides, be wholly unprotected, not having parents;' grandparents, brothers, or guardian of person or property to denounce the crime, the PIroator Sbudico or the Prosecuting Attorney, may do-so acting on the strength of public rumor.
In all cases under this, article, the expressed or implied pardon of' the offended party shall extinguish the criminal proceeding, or the penalty, if that should have been already imposed on the culprit.
This pardon will 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 indemnification:
I. To endow the injured woman, if she were unmarried or a widow.
2. To emancipate her, if she were under his servitude.
3. To recognize the offspring, if the condition of its parentage should not prevent it.
4. In all cases, to support the issue.
Art. 469. The ancestors, guardians of person or property, masters, patrons, teachers, and any other persons whatever, who in abuse of authority or trust, cooperate as accomplices in the perpetration of the crimes comprised in the four preceding chapters, shall be punished as. principals therein.
Teachers, or those charged in any manner with the education or' guidance of the young, shall be moreover condemned to a penalty ranging from temporary especial disqualification in its maximum degree to perpetual especial disqualification.
Art. 470. Those comprised in the preceding article, and any others whatsoever, guilty of the corruption of minors in the interest ofa third person, shall he punished with the penalties of interdikCidn, of the right of the exercise of guardianship, and of being members of the family council.




7








9S, THE PENAL CODE

TITLE X.

OF CRIMES AGAINST HONOR.

CHAPTER 'FIRST.

o f Calumny.

Art- 471. Calumny is the false imputation of a crime of a character subject to prosecution, without the instance of a private party.
Art. 472. Calumny, put into writing and made public, shall he punished with the penalties of _pyisMi cor-reccional in its minimum and medium degrees, and a fine ranging from 1250 to 12500 pesetas, if a serious crime be imputed; and with those of arresto mayor and a fine ranging from 625 to 6250 pesetas, if the crime imputed be of less serious nature.
Art. 473. Wben the calumny is not made public and put into writing it shall be punished:
I With arresto mayor in its maximum degree and a fine ranging from 625. to 6250 pesetas, if the crime imputed be of aggravated nature.
2. With arr-esto Yn)or in its minimum degree and a fine ranging from 25 to 3250 pesetas, if the crime imputed be of less serious character.Art. 474. One charged with the crime of calumny shall be exempt from all punishment, if he shall establish the proof of the criminal act which he had imputed.
The sentence declaring the crime of calumny established, in any given case, shall be published in the official journals if the calumniated party should so ask.
CHAPTER II.

Of Cottumely.

Art. 475. Contumely embraces every expression pronounced, or action done, with a view to dishonoring, discrediting or holding up to contempt, another person.
Art. 476. The following are grave acts of contumely:
I. The imputation of a crime of a character that is not subject to prosecution unless at the instance of a private party.
2. The imputation of a vice or defect of morality, whereby a per. so~n might be considerably damaged in his fame, credit or interest.
3. Those imputations that, by their nature, occasion or circu' astance, were in public opinion, considered ignominious.
4. Those imputations that reasonably merit the classification of grave acts in consideration of the condition, dignity and personal circulnstances of the offended party and the offender.
Art. 477. Grave contumnelies, put into writing and made public,








OF CUBA AND PORTO RICO 99
shall be punished with penalties ranging from banishment in its medium to its maximum degree, and a fine ranging from 625 to 6250 pesetas.'
If the above named circumstances are not attendant, the punishments shall range from banishment in its minimum to its medium degree, and a fine of from 325 to 3250 pesetas.
Art. 478. Slight acts of contumely shall be punished with the p nilties of arresla ma),or in its minimum degree and a fine ranging from ,325 to 3250 pesetas, if they are put into writing and made public.
If these circumstances are not attendant, they shall bc punished as misdemeanors.
Art. 479. A person charged with acts of contumely will not be allowed to furnish evidence t ending to prove the truth of his imputations, unless they shall have been directed at public officers about matters Concerning the performance of their duties.
In such case the defendant shalt be acquitted if he prove the truth of his imputations.
CHAPTER 1H.
General Provisions.
Art. 48o. Tiie crimes of calumny or c(Inturnely can be committed, not only openly, but by means of allegories, caricatures, emblem or allusions.
Art. 48r. Calumny and contumely are to be considered as having been committed in writing and made public, when they are circulated through the medium of printed, lithographed or engraved papers, by plaCards or lampoons posted in public places, or by manuscript cornmunicated to more than ten persons.
Art. 482. Any person charged with the crime of calumny or contumely, covert or equivocal in character, who refuses to furnish the court with a Fatisfactorv explanation thereof, shall be punished as guilty of open calumny or contumely.
Art. 483 The editors or printers of newspapers in which the calumnies or contumelies may have been published, shall insert therein,
-within the time fixed by the law, or, in default thereof, by the Court, the apology or the condemnatory sentence, if the offended party should so require.
Art. 484. The civil action arising out of the crime of calumny or contumely may be brought by the ancestors, descendants, consorts and brothers of the offended party, if he should be deceased, provided the calumny or contumely reflects on them. The heir may bring the action in all cases.
Art. 485. The action for calumny or contumely may likewise be brought when the offense was committed by publications in a foreign Country.
Art. 486. No action for calumny or contumely committed in judicial proceedings, can ever be undertaken, without the previous permission of the judge or tribunal having cognizance of it.