JOHN CARLOS I

KING OF SPAIN

To all who present it and understand it.

Sabed: That the General Courts have approved and I come to sanction the following Organic Law:

EXPLANATORY STATEMENT

If the legal system has been defined as a set of rules governing the use of force, the importance of the Penal Code in any civilized society can be easily understood. The Penal Code defines the crimes and faults that constitute the budgets of the application of the supreme form that can take the coercive power of the State: the criminal penalty. Consequently, it occupies a preeminent place in the whole of the order, to the point that, not without reason, it has been considered as a kind of "negative constitution". The Penal Code must protect the basic values and principles of social coexistence. When those values and principles change, it must also change. In our country, however, despite the profound changes of social, economic and political order, the current text dates back, in what could be considered its basic core, of the last century. The need for reform cannot, therefore, be discussed.

As of the various attempts at reform carried out since the establishment of the democratic regime, the government has drafted the bill that it submits to the discussion and approval of the Chambers. It must therefore expose, even in a succinct way, the criteria in which it is inspired, even if these can be deduced easily from reading its text.

The axis of these criteria has been, as is logical, the positive adaptation of the new Penal Code to constitutional values. The changes that this project introduces in this direction are innumerable, but some are worth noting.

In the first place, a total reform of the current system of penalties is proposed, so that the objectives of the re-alization that the Constitution assigns to it can be achieved as far as possible. The proposed system simplifies, on the one hand, the regulation of custodial sentences, while at the same time extending the possibilities of replacing them with others that affect less basic legal goods, and, on the other, it introduces changes in the pecuniary penalties, adopting the system of fine-days and adds the works to the benefit of the community.

In the second place, the existing antinomy between the principle of minimum intervention and the increasing needs of protection in an increasingly complex society has been addressed, giving a prudent reception to new forms of crime, but eliminating, at the same time, criminal figures who have lost their raison d' être. In the first sense, the introduction of crimes against the socio-economic order or the new regulation of crimes relating to the planning of the territory and natural resources deserves to be highlighted; in the second, the disappearance of the figures complex theft with violence and intimidation in people who, arising in the framework of the fight against banditry, must disappear by leaving the application of the general rules.

In the third place, special attention has been given to the protection of fundamental rights and it has been sought to design with special restraint the use of the punitive instrument where the exercise of any of them is at stake: For example, on the one hand, the specific guardianship of moral integrity and, on the other, the new regulation of crimes against honor. By tutoring specifically moral integrity, the citizen is given a stronger protection against torture, and by setting up crimes against the honour of the way in which he is proposed, all relevance is given to freedom of expression. It can and must recognize a democratic regime.

In the fourth place, and in line with the objective of protection and respect for fundamental rights, the regime of privilege has been eliminated that has so far been enjoying the illegitimate interference of public officials. in the field of citizens ' rights and freedoms. Therefore, it is proposed that the arrests, entries and records in the domicile carried out by authority or official outside the cases permitted by the Law, be treated as aggravated forms of the corresponding common crimes, and not as So far they have been, that is, as incomprehensible and unjustifiably attenuated special crimes.

In the fifth place, we have tried to advance in the path of real and effective equality, trying to fulfill the task that, in this sense, imposes the Constitution on the public authorities. It is true that the Penal Code is not the most important instrument for carrying out this task; however, it can contribute to it, eliminating regulations that are an obstacle to its realization or introducing measures of protection against situations discrimination. In addition to the rules which provide for specific protection against activities aimed at discrimination, the new regulation of crimes against sexual freedom must be mentioned here. It is intended to bring the penal types into line with the protected legal system, which is not, as it were historically, the honesty of the woman, but the sexual freedom of all. Under the tutelage of the woman's honesty an intolerable situation of tort was hidden, which the regulation that is proposed totally eliminates. The novelty of the punitive techniques used may be surprising; but, in this case, moving away from tradition seems like a hit.

Leaving the scope of the principles and descending to the techniques of elaboration, the present project differs from the previous ones in the pretense of universality. It was operating with the idea that the Penal Code constituted a complete regulation of the punitive power of the State. The realization of this idea already exists from a deficit, given the importance that the administration sanctioning authority in our country; but, moreover, it was unnecessary and disturbing.

Unnecessary, because the decimononic option in favor of the Penal Code and against the special laws was based on the undeniable fact that the legislator, when drawing up a Code, was constrained, for external reasons In the case of a particular law, the social significance, respect for constitutional principles, which did not occur, or to a lesser extent. In the context of a flexible constitutionalism, this was an argument of particular importance to substantiate the claim of absolute universality of the Code. Today, however, both the Criminal Code and the special laws are hierarchically subordinate to the Constitution and obliged to submit to it, not only for that hierarchy, but also for the existence of judicial control of the constitutionality. Consequently, special laws cannot give rise to the prevention that they historically provoked.

Disturbing, because, although it is undeniable that a Code would not deserve that name if it did not contain most of the penal rules and, of course the basic principles of informers of all the regulation, the truth is that there is materials that can hardly be introduced into it. Therefore, if a relative claim of universality is inherent in the idea of the Code, it is also those of stability and fijeza, and there are areas in which, by the special situation of the rest of the order, or by the very nature of things, that stability and fijeza are impossible. This is, for example, the case for offences relating to the control of changes. In these cases, the constant modification of the economic conditions and the normative context, in which, whether or not it is necessary, these crimes are integrated, advises to place the penal norms in that context and to leave them out of the Code: for the rest, that is our tradition, and we are not lacking in the countries of our environment, examples of such a proceeding.

Thus, in this and other similar ones, it has been chosen to refer to the corresponding special laws the penal regulation of the respective subjects. The same technique has been used for regulatory standards for the decriminalisation of voluntary termination of pregnancy. In this case, together with reasons similar to those set out above, it could be argued that these are not incriminating rules, but rather rules that regulate non-incrimination. The Constitutional Court demanded that, in the configuration of these cases, guarantees should be adopted which do not appear to be the same as a criminal code, but rather as another standard.

In the preparation of the project, the parliamentary discussions of 1992, the opinion of the General Council of the Judiciary, the state of the jurisprudence and the opinions of the scientific doctrine have been very present. It has been carried out since the deeply felt idea that the Criminal Code must be of all sides and that all opinions must therefore be heard and that the solutions which appear more reasonable, that is, by those which are all the more reasonable, must be heard. the world should be able to accept.

It is not intended to have made a perfect work, but simply a useful work. The government does not have the last word here, but only the first. It is limited, therefore, with this project, to pronounce it, inviting all the political forces and all the citizens to collaborate in the task of its improvement. Only if we all want to have a better Penal Code and contribute to this can we achieve an objective whose importance for the coexistence and the peaceful enjoyment of the rights and freedoms that the Constitution proclaims could hardly exaggerate.

PRELIMINARY TITLE

Criminal guarantees and the application of criminal law

Article 1.

1. No action or omission shall be punished which is not intended as a crime or a lack of law prior to its perpetration.

2. Security measures can only be applied when the pre-established budgets are met.

Article 2.

1. It shall not be punishable by any offence or penalty which is not provided for by law prior to its perpetration. Laws establishing security measures shall also be subject to retroactive effect.

2. However, those criminal laws that favor the inmate will have retroactive effect, even though when it came into force there would have been a firm sentence and the subject was serving time. In case of doubt on the determination of the Law more favorable, it will be heard the reo. The facts committed under the validity of a Temporary Law shall be judged, however, in accordance with it, unless otherwise expressly provided.

Article 3.

1. It shall not be possible to carry out any penalty or measure of security, but on the basis of a final judgment given by the competent court or tribunal, in accordance with the laws of procedure.

2. Nor shall it be possible to execute a penalty or measure of security in any other way than that prescribed by the Law and Regulations that develop it, nor with other circumstances or accidents than those expressed in its text. The execution of the sentence or the security measure shall be carried out under the control of the competent Judges and Courts.

Article 4.

1. Criminal laws shall not apply to cases other than those expressly included in them.

2. In the event that a Judge or Court, in the exercise of its jurisdiction, is aware of any action or omission which, without being penalised by the Law, considers it to be worthy of repression, it shall abstain from any proceedings on it and shall expose the Government to the reason to believe that you should be subject to criminal sanctions.

3. Likewise, it will come to the Government stating the appropriate regarding the repeal or modification of the precept or the grant of pardon, without prejudice to execute the sentence, when of the rigorous application of the provisions of the Law (a) a action or omission which, in the judgment of the Judge or Court, should not be, or where the penalty is significantly excessive, shall be punishable by the offence caused by the infringement and the personal circumstances of the inmate.

4. If a request for a pardon is to be made, and the Judge or Court has found in a judgment that the right to a process without undue delay may be infringed by the execution of the sentence, the Judge or Court shall suspend the execution of the sentence as long as it is not resolve the request.

It may also be possible for the Judge or Court to suspend the execution of the sentence, until the pardon is resolved when, if the sentence is executed, the purpose of the sentence may be illusory.

Article 5.

There is no penalty without doling or recklessness.

Article 6.

1. Security measures are based on the criminal danger of the subject to which they are imposed, externalized in the commission of a fact intended as a crime.

2. Security measures may not be more burdensome or longer than the abstract penalty applicable to the act committed, nor exceed the limit of what is necessary to prevent the danger of the author.

Article 7.

For the purposes of determining the criminal law applicable in time, the offences and faults are considered to be committed at the time the subject executes the action or omits the act that it was obliged to perform.

Article 8.

The facts liable to be qualified according to two or more precepts of this Code, and not included in Articles 73 to 77, shall be punished by observing the following rules:

1. The special precept will be applied with preference to the general.

2. The subsidiary precept shall be applied only in the absence of the principal, the said subsidiarity being expressly stated, either tacitly deductible.

3. The most extensive or complex criminal precept will absorb those who punish the infractions consumed in that one.

4. In default of the above criteria, the most serious criminal precept will exclude those who punish the fact with lesser punishment.

Article 9.

The provisions of this Title shall apply to offences and offences punishable by special laws. The other provisions of this Code shall be applied as a supplement to the provisions expressly not provided for by those provisions.

BOOK I

General provisions on offences and offences, persons responsible, penalties, security measures and other consequences of criminal offences

TITLE I

From the criminal offence

CHAPTER I

Of Crimes and Misdeeds

Article 10.

They are crimes or faults the actions and omissions that are painful or imprudent by the Law.

Article 11.

The offences or offences which consist of the production of a result shall be understood to be committed by omission only where the non-avoidance of the result, in breach of a special legal duty of the author, is equivalent, according to the meaning of the text of the Law, to its causation. To this end the action will be equated with the action:

(a) Where there is a specific legal or contractual obligation to act.

(b) When the omitent has created a risk opportunity for the legally protected property through a previous action or omission.

Article 12.

Unprudent actions or omissions will only be punished when expressly provided by the Act.

Article 13.

1. Serious crimes are the violations that the Law punishes with a serious penalty.

2. The offences that the Law punishes with less serious punishment are less serious crimes.

3. Violations that the Law punishes with a slight penalty are faults.

4. Where the penalty for its extension may be included in the first two numbers of this article, the offence shall in any case be considered to be a serious offence.

Article 14.

1. The invincible error about a fact constituing the criminal offence excludes criminal responsibility. If the error, addressed to the circumstances of the fact and the personal of the author, is due, the offence will be punished, if any, as imprudent.

2. The error of a fact that qualifies the infringement or an aggravating circumstance will prevent its assessment.

3. The invincible error on the illiteness of the constitutive fact of the criminal offence excludes criminal responsibility. If the error is due, the lower penalty will be applied in one or two degrees.

Article 15.

1. The consummate crime and the attempted crime are punishable.

2. Faults shall be punished only when they have been consumed, except those attempted against persons or assets.

Article 16.

1. There is an attempt when the subject gives principle to the execution of the crime directly by external facts, practicing all or part of the acts that objectively should produce the result, and yet this one does not occur for independent causes of the will of the author.

2. It shall be exempt from criminal liability for the offence attempted by the person who voluntarily avoids the consummation of the offence, either giving up the execution already initiated or preventing the production of the result, without prejudice to the responsibility of the he may have incurred the acts executed, if they are already a constituent of another offence or offence.

3. Where a number of subjects are involved, the person or those who desist from the implementation which has already started, and who prevent or attempt to prevent, be, firmly and resolutely, the consummation, without prejudice to the law, shall be exempt from criminal liability. liability in that they may have incurred the acts executed, if they are already a constituent of another offence or fault.

Article 17.

1. The conspiracy exists when two or more people are aware of the execution of a crime and resolve to execute it.

2. The proposition exists when the one who has resolved to commit a crime invites another person or other persons to execute it.

3. The conspiracy and the proposition for the inquiry will only be punished in the cases specially provided for in the Law.

Article 18.

1. Provocation exists when directly incited through printing, broadcasting or any other means of such effectiveness, which facilitates advertising, or in the event of a concurrency of persons, to the perpetration of a crime.

It is an apology, for the purposes of this Code, for the exhibition, before a concurrency of people or for any means of dissemination, of ideas or doctrines that exalt the crime or to raise its author. Apology will only be criminal as a form of provocation and if by its nature and circumstances it constitutes a direct incitement to commit a crime.

2. Provocation will be punished only in cases where the law so provides.

If the provocation had followed the perpetration of the crime, it will be punished as induction.

CHAPTER II

Of the causes that exempt criminal responsibility

Article 19.

Those under the age of eighteen will not be criminally liable under this Code.

When a minor of that age commits a criminal act, he/she may be liable in accordance with the provisions of the law governing the child's criminal liability.

Article 20.

They are exempt from criminal liability:

1. The one who at the time of committing the criminal offence, because of any anomaly or psychic alteration, cannot understand the illiteness of the fact or act according to that understanding.

Transitional mental disorder will not be worth it when it has been caused by the subject for the purpose of committing the offence or intended or due to be provided for by the commission.

2. The time to commit the criminal offence is in the state of complete intoxication by the consumption of alcoholic beverages, toxic drugs, narcotic drugs, psychotropic substances or other substances producing similar effects, provided that it has not been sought for the purpose of committing it or that it has not been foreseen or due to provide for its commission, or is under the influence of a withdrawal syndrome, because of its dependence on such substances, which prevents it from understanding the the fact or act according to that understanding.

3. The one who, by suffering alterations in perception from birth or from childhood, has a serious disturbance in the consciousness of reality.

4. ° The one that covers in defense of the person or rights of his own or others, provided that the following requirements are met:

First. Illegitimate aggression. In the case of defence of the property, the attack on the property shall be deemed to be unlawful and shall constitute a crime or a fault and place them in serious danger of imminent deterioration or loss. In the case of defense of the dwelling place or its dependencies, the undue aggression shall be repudiated the undue entry into that or these.

Second. Rational need of the means employed to prevent or repel it.

Third. Insufficient provocation by the defender.

5. No. The one who, in a state of need, to avoid a bad or other person's injury a legal good of another person or infra a duty, provided that the following requirements are met:

First. That the bad caused is not greater than the one you try to avoid.

Second. That the situation of need has not been intentionally provoked by the subject.

Third. That the needy does not have an obligation to sacrifice for his office or office.

6. The one that is driven by unsurpassed fear.

7. The one who is in compliance with a duty or in the legitimate exercise of a right, trade or office.

In the case of the first three numbers, the security measures provided for in this Code shall apply, where appropriate.

CHAPTER III

From circumstances that mitigate criminal responsibility

Article 21.

They are extenuating circumstances:

1. The causes expressed in the previous chapter, when all the necessary requirements for exempting liability in their respective cases are not present.

2. The act of the culprit because of his severe addiction to the substances mentioned in the number 2. of the previous article.

3. The one to act by causes or stimuli so powerful that they have produced outburst, obcecation or other passive state of similar entity.

4. The one to have proceeded the guilty, before knowing that the judicial procedure is directed against him, to confess the infraction to the authorities.

5. The one of having proceeded the guilty to repair the damage caused to the victim, or to diminish its effects, at any time of the procedure and before the celebration of the act of the oral judgment.

6. Any other circumstance of analogous significance than the above.

CHAPTER IV

From circumstances that aggravate criminal responsibility

Article 22.

These are aggravating circumstances:

1. Run the event with alevosia.

There is alevosia when the culprit commits any of the crimes against persons using in the execution means, modes or forms that tend directly or especially to assure her, without the risk that for her person could proceed of the defense by the offended.

2. Run the event through disguise, with abuse of superiority or by taking advantage of the circumstances of place, time or assistance of other persons who weaken the defense of the offended or facilitate the impunity of the offender.

3. Run the event by price, reward, or promise.

4. Ceter the offence for racist, anti-Semitic or other discrimination relating to the ideology, religion or beliefs of the victim, the ethnicity, race or nation to which they belong, their sex or sexual orientation, or the illness or disability that you have.

5. Inhumanly increase the victim's suffering, deliberately and inhumanely, causing the victim's suffering to be unnecessary for the execution of the crime.

6. First worker with breach of trust.

7. Prevalse of the public character that has the culprit.

8. th Be Reincident.

There is a recidivism when, in the case, the culprit has been convicted and executed for a crime within the same title of this Code, provided that it is of the same nature.

The effects of this number will not be computed on or should be the criminal record cancelled.

CHAPTER V

From the mixed relationship circumstance

Article 23.

It is a circumstance that can mitigate or aggravate the responsibility according to the nature, the motives and the effects of the crime, being the aggrieved spouse or person to whom it is linked in a stable way by analogous relation of affectivity, ascending, descending or sibling by nature, by adoption or affinity in the same degrees of the offender.

CHAPTER VI

General provisions

Article 24.

1. For criminal purposes, the authority shall be deemed to be the authority to which it alone or as a member of a corporation, court or collegiate body has jurisdiction or exercises its own jurisdiction. In any case, the members of the Congress of Deputies, the Senate, the Legislative Assemblies of the Autonomous Communities and the European Parliament will have the authority. Authorities of the Prosecutor's Office shall also be rejected.

2. A public official shall be deemed to be an official who, by the immediate provision of the law or by choice or by appointment of competent authority, participates in the exercise of public functions.

Article 25.

For the purposes of this Code it is considered incapable of any person, whether or not it has been declared intraining, that it has a disease of a persistent nature that prevents it from governing its person or property by itself.

Article 26.

For the purposes of this Code, any material support that expresses or incorporates data, facts or narrations with evidentiary efficacy or any other type of legal relevance is considered to be a document.

TITLE II

Of people criminally responsible for crimes and faults

Article 27.

They are criminally responsible for the crimes and faults the perpetrators and the accomplices.

Article 28.

It is authors who do the fact alone, together or through another that is served as an instrument.

They will also be considered authors:

a) Those that directly induce another or others to run it.

b) Those who cooperate with their execution with an act without which it would not have been carried out.

Article 29.

They are accomplices who, not found in the previous article, cooperate with the execution of the event with previous or simultaneous acts.

Article 30.

1. Offences and offences committed using mechanical means or media shall not be criminally liable to the accomplices or to those who have been personally or really favoured.

2. The authors referred to in Article 28 shall respond in a staggered, exclusive and subsidiary manner according to the following order:

1. º Those who have actually written the text or produced the sign in question, and who have induced them to do so.

2. º The directors of the publication or program in which it is broadcast.

3. The directors of the publisher, broadcaster, or broadcaster.

4. The directors of the recorder, reproducer, or printer company.

3. Where for any reason other than the extinction of the criminal liability, including the declaration of absentia or residence outside Spain, none of the persons covered by the paragraph numbers may be prosecuted. above, the procedure shall be directed against those mentioned in the immediately subsequent number.

Article 31.

The person who acts as an administrator in fact or in the law of a legal person, or in the name or legal or voluntary representation of another person, will respond personally, even if the conditions, qualities or relationships that the a corresponding figure of crime or fault requires to be able to be an active subject of the same, if such circumstances occur in the entity or person in whose name or representation it covers.

TITLE III

Of the penalties

CHAPTER I

Of the penalties, their classes and effects

SECTION 1 OF PENALTIES AND THEIR CLASSES

Article 32.

The penalties that may be imposed under this Code, either as a principal or as ancillary, are custodial, custodial, and other rights and fines.

Article 33.

1. Depending on their nature and duration, the penalties are classified as serious, less severe and minor.

2. These are serious penalties:

a) Prison for more than three years.

b) The absolute disable.

c) Special disablement for longer than three years.

d) The suspension of employment or public office for longer than three years.

e) Deprivation of the right to drive motor vehicles and mopeds for longer than six years.

f) Deprivation of the right to hold and carry weapons for longer than six years.

g) Deprivation of the right to reside in certain places or to go to them for longer than three years.

3. These are less severe penalties:

a) The prison from six months to three years.

b) Special disqualifications up to three years.

c) The suspension of employment or public office for up to three years.

d) Deprivation of the right to drive motor vehicles and mopeds from one year and one day to six years.

e) Deprivation of the right to a one-year, one-day, six-year tenure and possession of weapons.

f) Deprivation of the right to reside in certain places or to go to them from six months to three years.

g) The fine of more than two months.

h) The proportional fine, whatever the amount.

i) The arrest of seven to twenty-four weekends.

j) Work for the benefit of the community of ninety-six to three hundred and eighty-four hours.

4. They are mild penalties:

(a) Deprivation of the right to drive motor vehicles and mopeds from three months to one year.

b) Deprivation of the right to hold and carry weapons from three months to one year.

c) The fine of five days to two months.

d) The arrest of one to six weekends.

e) Jobs for the benefit of the community of sixteen to ninety-six hours.

5. Subsidiary personal liability for non-payment of a fine shall be less serious or minor in nature, depending on the penalty to be replaced.

6. The ancillary penalties shall have the duration of the principal sentence respectively.

Article 34.

No penalties will be rejected:

1. Detention and remand and other precautionary measures of a criminal nature.

2. Fines and other corrections which, in the use of governmental or disciplinary powers, are imposed on subordinates or administered.

3. Rights deprivation and remedial sanctions that establish civil or administrative laws.

SECTION 2 OF THE CUSTODIAL SENTENCES

Article 35.

Prison, weekend arrest and subsidiary personal liability for non-payment of fines are custodial sentences.

Article 36.

The term of imprisonment shall be at least six months and a maximum of 20 years, except as otherwise provided for in other provisions of this Code.

Their compliance, as well as the prison benefits that they assume shortening the sentence, shall be in accordance with the provisions of the Laws and in this Code.

Article 37.

1. The weekend arrest will last for thirty-six hours and will, in any case, amount to two days of deprivation of liberty. Only 24 weekends may be imposed as an arrest, unless the penalty is imposed as a substitute for another deprivation of liberty; in such a case its duration will be that resulting from the application of the rules contained in the Article 88 of this Code.

2. Their compliance will take place during Fridays, Saturdays or Sundays in the prison facility closest to the home of the arrested person.

By way of derogation from the foregoing paragraph, if the circumstances so advise, the Judge or Court of Sentencing may order, after agreement of the inmate and hearing the Ministry of Public Prosecutor, that the arrest of the weekend be met in other days of the week, or of no prison facility in the judicial party where the penalty is residing, whenever possible, in municipal deposits.

3. If the convicted person incurs two unjustifiable absences, the Judge of Surveillance, without prejudice to any evidence of the breach of conviction, may agree that the arrest shall be executed without interruption.

4. The other implementing circumstances shall be determined in accordance with the provisions of the Penitentiary Act, the rules of which shall be applied as expressly provided for in this Code.

Article 38.

1. Where the inmate is in custody, the duration of the penalties shall begin to be counted from the day on which the sentence has been established.

2. Where the inmate is not an inmate, the duration of the penalties shall begin to be counted from the time he enters the right establishment for compliance.

SECTION 3 OF THE CUSTODIAL PENALTIES

Article 39.

These are proprietary penalties:

a) The absolute disable.

(b) Special disablement for employment or public office, profession, trade, industry or trade, or the rights of parental rights, guardianship, guardianship or curatals, the right to stand as a candidate or any other right.

c) Suspension of employment or public office.

d) Deprivation of the right to drive motor vehicles and mopeds.

e) The deprivation of the right to the possession and possession of weapons.

f) Deprivation of the right to reside in certain places or to go to them.

g) Jobs for the benefit of the community.

Article 40.

The absolute disablement penalty will last six to twenty years, those of special disablement, from six months to twenty years, that of suspension of employment or public office, from six months to six years, the one of deprivation of the the right to drive motor vehicles and mopeds and the right to hold and carry weapons, from three months to ten years; the right to reside or to go to certain places, from six months to five years; and works for the benefit of the community, from one day to one year.

Article 41.

The penalty of absolute disablement produces the definitive deprivation of all honors, jobs, and public office that has the penalty, even if they are elective. It also produces the inability to obtain the same or any other honors, posts or public jobs, and to be elected to public office, during the time of the conviction.

Article 42.

The penalty of special disablement for employment or public office produces the definitive deprivation of employment or office on which he or she is to receive and from the honors that are annexed to him. It also produces the inability to obtain the same or other analogues, during the time of the sentence. The judgment will have to specify the jobs, charges and honours on which the disablement falls.

Article 43.

The suspension of employment or public office deprives you of your financial year during the time of your conviction.

Article 44.

Special disablement for the right to vote is deprived of the right to be elected to public office during the time of conviction.

Article 45.

The special disqualification for a profession, trade, industry or trade or any other right, which must be expressly and motivated in the judgment, deprives the penalty of the power to exercise them during the time of the conviction.

Article 46.

The special disablement for the exercise of the parental authority, guardianship, curatela, guardian or reception, deprives the penalty of the rights inherent in the first, and assumes the extinction of the others, as well as the inability to obtain appointment for such charges during the time of the conviction.

Article 47.

The imposition of the penalty of deprivation of the right to drive motor vehicles and mopeds will disable the penalty for the exercise of both rights during the time set in the judgment.

The imposition of the penalty of deprivation of the right to the possession and possession of weapons will disable the penalty for the exercise of this right by the time set in the sentence.

Article 48.

The deprivation of the right to reside in certain places or to go to them prevents the penalty from returning to the place where the crime has been committed, or to the person in which the victim or his family resides, if they are different.

Article 49.

Work for the benefit of the community, which cannot be imposed without the consent of the penalty, requires it to provide its non-paid cooperation in certain public utility activities. Their daily duration may not exceed eight hours and their conditions shall be as follows:

1. The execution shall be carried out under the control of the Judge or Court of Sentencing, which, for that purpose, may require reports on the performance of the work of the Administration, public entity or association of general interest in which it is provide the services.

2. No. It will not tie the dignity of the penalty.

3. The work for the benefit of the community shall be facilitated by the Administration, which may establish the appropriate conventions for this purpose.

4. Go from the protection afforded to the penados by the penal legislation in the field of Social Security.

5. It will not be contingent upon the achievement of economic interests.

The other circumstances of its execution shall be determined in accordance with the provisions of the Penitentiary Law, the provisions of which shall be applied in a manner that is not expressly provided for in this Code.

SECTION 4. OF THE PENALTY PENALTY

Article 50.

1. The penalty of fine shall consist of the imposition of a pecuniary penalty.

2. The penalty of fine shall be imposed, unless otherwise provided by law, by the system of fine-days.

3. Its minimum extension will be five days, and the maximum, two years. This ceiling shall not apply where the fine is imposed as a substitute for another penalty; in this case its duration shall be that resulting from the application of the rules laid down in Article 88.

4. The daily quota will have a minimum of two hundred pesetas and a maximum of fifty thousand. For the purposes of computation, when the duration is fixed for months or years, the months shall be understood to be thirty days and the years of three hundred and sixty.

5. The Judges or Courts will determine the extent of the penalty within the limits established for each offense and according to the rules of Chapter II of this Title. Similarly, the amount of these quotas shall be fixed in the judgment, taking into account only the economic situation of the inmate, deducted from his assets, income, obligations and family charges and other personal circumstances of the same.

6. The Court will determine in the judgment the time and form of the payment of the fees.

Article 51.

If, after the judgment, the penalty will worsen your fortune, the Judge or Court, exceptionally and after due investigation of the economic capacity of that person, may reduce the amount of the fees.

Item 52.

1. Notwithstanding the provisions of the foregoing Articles and where the Code so determines, the fine shall be established in proportion to the damage caused, the value of the object of the offence or the benefit reported by it.

2. In these cases, in the application of the fines, the Judges and Courts will be able to cover the extent to which the Law allows them to impose them, considering to determine in each case their amount, not only the mitigating and aggravating circumstances of the done, but mainly the economic situation of the culprit.

Article 53.

1. If the sentenced person does not satisfy, voluntarily or by way of award, the fine imposed, he shall be subject to a personal liability subsidiary of one day of deprivation of liberty for each two unsatisfied daily quotas, which may be fulfilled in Weekend arrest regime.

The Judge or Court may also, on the basis of the penalty, agree that the subsidiary liability shall be fulfilled by works for the benefit of the community. In this case, each day of deprivation of liberty will be equivalent to a working day.

2. In the case of a proportional fine, the Judges and Courts shall, in accordance with their prudent arbitration, establish the subsidiary personal liability which may not exceed, in any event, one year's duration. The Judge or Court may also agree, on the basis of the penalty, to be met by work for the benefit of the community.

3. This subsidiary liability shall not be imposed on those sentenced to imprisonment of more than four years.

4. Compliance with subsidiary liability extinguishes the obligation to pay the fine, even if the inmate improves his fortune.

SECTION 5 OF THE ANCILLARY PENALTIES

Article 54.

The penalties for disablement are ancillary in cases where, not imposing them especially, the Law declares that other penalties carry them with them.

Article 55.

The sentence of imprisonment equal to or greater than ten years shall lead to the absolute disablement during the time of the sentence, unless it is already provided for as the principal penalty for the case in question.

Article 56.

In prison sentences of up to ten years, the Judges or Courts shall impose, in the light of the seriousness of the offence, any of the following: suspension of employment or public office, special disablement for the right to stand as a candidate during the time of conviction, or special disqualification for employment or public office, profession, trade, industry or trade or any other right, if they have been directly related to the offence committed, explicitly determined in the statement this bind.

Article 57.

Judges or Courts, in crimes of homicide, injury, abortion, against liberty, torture and against moral integrity, sexual freedom, privacy, honor, heritage and socioeconomic order, taking into account the the seriousness of the facts and the danger that the offender represents, may agree in their judgments to the prohibition that the inmate returns to the place where he has committed the offence, or to the person in which the victim or his family resides, if they are different, within the period of time which the Judge or Court has pointed out, depending on the circumstances of the case, exceed five years.

SECTION 6. TH PROVISIONS IS

Article 58.

1. The time of deprivation of liberty suffered shall be paid in full for the purpose of the penalty or penalties imposed in the case where the deprivation has been agreed or, failing that, of those which could be imposed against him or her. others, provided that they have been made prior to the entry into prison.

2. Similarly, they will be paid in full, in order to comply with the penalty imposed, the rights granted in a precautionary manner.

Article 59.

Where the precautionary measures suffered and the penalty imposed are of a different nature, the Judge or Court shall order the penalty imposed on that party to be executed.

Article 60.

1. When, after a pronounced judgment, a lasting situation of serious mental disorder is assessed in the penalty which prevents him from knowing the meaning of the sentence, the execution of the custodial sentence imposed on him shall be suspended. ensuring that the judge or tribunal receives the necessary medical assistance.

2. The mental health of the penalty shall be restored, the latter shall comply with the judgment if the penalty has not been prescribed, without prejudice to the fact that the Judge or the Court may, for reasons of fairness, terminate the sentence or reduce its duration, in so far as the compliance with the penalty is unnecessary or counterproductive.

CHAPTER II

From application of penalties

SECTION 1. GENERAL RULES FOR THE APPLICATION OF PENALTIES

Article 61.

When the Law establishes a penalty, it is understood that it imposes on the authors of the consummate infraction.

Article 62.

The authors of the attempted crime will be given the lower penalty in one or two degrees to the one indicated by the Law for the consummate crime, in the extension that is considered appropriate, taking into account the danger inherent in the attempt and the degree of execution achieved.

Article 63.

Accomplices to an accomplished or attempted crime will be placed under the lower penalty to that set by the Act for perpetrators of the same crime.

Article 64.

The above rules will not apply in cases where the attempt and complicity are particularly punishable by law.

Article 65.

1. Aggravating or mitigating circumstances that consist of the moral disposition of the offender, in his or her particular relationships with the offended or in another personal cause, will serve to aggravate or attenuate the responsibility of only those in whom congran.

2. Those which consist in the material execution of the event or in the means used to carry it out, shall serve only to aggravate or mitigate the responsibility of those who have had knowledge of them at the time of the action or of their cooperation for the offense.

Article 66.

In the application of the penalty, the Judges or Courts shall observe, according to whether or not mitigating or aggravating circumstances, the following rules:

1. When there are no mitigating or aggravating circumstances or when some and others are present, the Judges or Courts will individually impose the penalty imposed by the Law on the appropriate extension to the circumstances. personal of the offender and to the greater or lesser severity of the fact, reasoning it in the judgment.

2. When only a mitigating circumstance is present, the Judges or Courts may not exceed the lower half of the penalty set by the Law for the offence.

3. When one or more aggravating circumstances are present, the Judges or Courts shall impose the penalty in the upper half of that established by the Law.

4. When two or more of the mitigating circumstances or a very qualified single one, the Judges or Courts, reasoning in the judgment, may impose the lesser penalty in one or two degrees to that indicated by the Law, applying it in the the extent to which they deem relevant, according to the entity and number of such circumstances.

Article 67.

The rules in the previous article will not apply to aggravating or mitigating circumstances that the Act has taken into account when describing or sanctioning an infringement, nor to those that are in such a way inherent to the offense that without the concurrency of them could not be committed.

Article 68.

In the cases provided for in Article 21 (1), the Judges or Courts may impose, by reason of the judgment, the lesser penalty in one or two degrees to that indicated by the Law, applying it to the extent they deem relevant, addressed to the number and entity of the missing or competing requirements, the personal circumstances of the author and, where applicable, the other mitigating or aggravating circumstances.

Article 69.

At the age of eighteen and under the age of twenty-one who commits a criminal act, the provisions of the law may be applied to the child's criminal responsibility in the cases and with the requirements that the child has.

Item 70.

1. The upper or lower penalty to that provided by the Act for any offence shall have the extension resulting from the application of the following rules:

1. The upper penalty in grade will be formed on the basis of the maximum figure indicated by the Law for the crime concerned and increasing to this half of its amount, constituting the resulting sum its maximum limit.

2. The lower penalty in grade will be formed from the minimum figure indicated by the Law for the crime concerned and deduced from it half of its amount, constituting the result of such deduction its minimum limit.

2. Where, in the application of the rule set out in paragraph 1 (1) of this Article, the upper penalty in grade exceeds the maximum limits fixed for each penalty in this Code, they shall be considered as immediately above:

1. º If the sentence determined is the prison sentence, the same penalty, with the clause that its maximum duration will be thirty years.

2. º If it is the absolute or special disablement, the same penalty, with the clause that its maximum duration will be twenty-five years.

3. The treatment of deprivation of the right to drive motor vehicles and mopeds and the right to the possession and carrying of weapons, the same penalties, with the clause that their maximum duration will be fifteen years.

4. º If out of fine, the same penalty, with the clause that its maximum duration will be thirty months.

5. In the weekend arrest, the same arrest, with the clause that its maximum duration will be thirty-six weekends.

Article 71.

1. In the determination of the lower penalty to a degree, the Judges or Courts shall not be limited by the minimum amounts indicated in the Law to each class of penalty, but may reduce them in the manner that results from the application of the rule corresponding.

2. However, where, by application of the above rules, it is necessary to impose a sentence of less than six months, that sentence shall be replaced in any case under the provisions of Section 2. of Chapter III of this Title, without prejudice to the suspension of the execution of the sentence in cases where appropriate.

Article 72.

When the penalty mentioned in the Law does not have one of the forms specifically provided for in this Title, it will be individualized and applied, in each case, using analog use of the above rules.

SECTION 2. SPECIAL RULES FOR THE APPLICATION OF PENALTIES

Article 73.

The person responsible for two or more offences or faults shall be given all penalties corresponding to the various offences for their simultaneous compliance, if possible, by the nature and effects thereof.

Article 74.

1. By way of derogation from the foregoing Article, which, in the execution of a preconceived plan or taking the same occasion, carries out a plurality of actions or omissions which offend one or more subjects and infringes the same criminal law or precepts of the same or such nature, shall be punished, as the author of a crime or a continuation, with the penalty indicated for the most serious offence, which shall be imposed in its superior half.

2. In the case of offences against the estate, the penalty shall be imposed in the light of the total damage caused. In these offences the Judge or Court shall, in a reasoned opinion, impose a penalty of more than one or two degrees on the extent which it considers appropriate, if the fact is serious and has been adversely affected by it.

a generality of people.

3. Except as provided for in the preceding paragraphs, the offences of an eminently personal property, other than those constituting offences against honour and sexual freedom, shall be subject to the nature of the act and the nature of the offence. precept violated to enforce or not apply criminal continuity.

Article 75.

When all or some of the penalties corresponding to the various violations cannot be fulfilled simultaneously by the sentenced person, the order of their respective gravity shall be followed for their subsequent compliance, as soon as possible.

Article 76.

1. By way of derogation from the foregoing Article, the maximum effective enforcement of the conviction of the culprit may not exceed three times the time for which the most serious of the penalties in which he has incurred, declaring the which have been issued since the ones already imposed have covered such a maximum, which may not exceed 20 years. Exceptionally, this maximum limit will be:

(a) Twenty-five years old, when the subject has been convicted of two or more crimes and one of them is punishable by the law with imprisonment of up to twenty years.

(b) Thirty years old, when the subject has been convicted of two or more crimes and one of them is punishable by the law with imprisonment of more than twenty years.

2. The limitation will apply even if the penalties have been imposed in different processes if the facts, by their connection, could have been prosecuted in one.

Article 77.

1. The provisions of the two preceding articles are not applicable in the case of a single event constituting two or more infringements, or where one of them is necessary to commit the other.

2. In these cases, the penalty provided for the most serious infringement shall be applied in its upper half, without exceeding the sum of the sum of which it would be applicable if the infringements were to be punished separately.

3. Where the penalty so computed exceeds this limit, the infringements shall be punished separately.

Article 78.

If, as a result of the limitations laid down in Article 76, the penalty to be served is less than half the total sum of the charges, the Judge or Court, having regard to the criminal danger of the penalty, may agree The reasons for the fact that the prison benefits and the time-count for probation relate to the totality of the sentences imposed in the judgments, without prejudice to what may be appropriate in the light of the treatment.

In the latter case, the Judge of Penitentiary Surveillance, assessing, where appropriate, the personal circumstances of the inmate, the evolution of the reeducator treatment and the prognosis of social reinsertion, may agree with reason, hearing the Tax Ministry, the implementation of the general compliance regime.

Article 79.

Whenever the Judges or Courts impose a penalty that carries with them other accessories, they shall also expressly condemn the inmate to the latter.

CHAPTER III

From the substitute forms of the execution of custodial sentences

SECTION 1 OF THE SUSPENSION OF THE EXECUTION OF CUSTODIAL SENTENCES

Item 80.

1. The Judges or Courts may suspend the execution of the custodial sentences of less than two years by means of a reasoned decision, taking into account the criminal danger of the subject.

2. The period of suspension shall be two to five years for the custodial sentences of less than two years, and three months to one year for the minor penalties and shall be fixed by the Judges or Courts, after hearing the parties, personal circumstances of the offender, the characteristics of the fact and the duration of the sentence.

3. The suspension of the execution of the sentence shall not be extended to civil liability arising from the offence or the penalty.

4. The Judges and the Court of Justice may grant the suspension of any penalty imposed without any requirement in the event that the criminal is suffering from a very serious illness with incurable conditions, unless at the time of the commission of the offence has already had another suspended sentence for the same reason.

Article 81.

The following conditions will be necessary to suspend the execution of the penalty:

1. The convicted person has first committed a crime. To this end, the previous convictions for reckless offences and the criminal records that have been cancelled or should be taken into account in accordance with the provisions of Article 136 of this Code shall not be taken into account.

2. That the penalty imposed, or the sum of those imposed in the same sentence, does not exceed two years of deprivation of liberty.

3. That the civil liability that originated, except that the Judge or Court of Sentencing, after hearing the interested parties and the Prosecutor's Office, has satisfied, declares the total or partial impossibility of the condemned to face the same.

Article 82.

Declared the firmness of the judgment and accredited the requirements laid down in the previous article, the Judges or Courts will be pronounced with the greatest urgency on the concession or not the suspension of the execution of the penalty. In the meantime, they will not communicate any antecedents to the Central Register of Penados and Rebels.

If the Judge or Tribunal agrees to suspend the execution of the sentence, the registration of the suspended sentence shall be carried out in a special section, separate and reserved for that Registry, to which only a background may be requested. the Judges or Courts.

Article 83.

1. The suspension of the execution of the sentence shall always be conditional on the fact that the inmate does not delineate within the time limit set by the Judge or Tribunal in accordance with Article 80.2 of this Code. In the event that the suspended sentence is imprisonment, the Judge or Court of Sentencing, if deemed necessary, may also condition the suspension to the fulfilment of the obligations or duties which it has set for it from the following:

1. Prohibition of going to certain places.

2. No Ban on being absent without authorization from the Judge or Court of the place where you reside.

3. To appear personally to the Court or Tribunal, or to the Service of the Administration that they point out, in order to report their activities and justify them.

4. To participate in educational, labor, cultural, road education, sexual and other similar programs.

5. To fulfill the other duties that the Judge or Court deems appropriate for the social rehabilitation of the penado, after compliance with it, provided that they do not attack their dignity as a person.

2. The relevant services of the competent administration shall inform the Judge or Court of judgment, at least every three months, of the observance of the rules of conduct imposed.

Article 84.

1. If the subject does not comply with the time limit set, the Judge or Court shall revoke the suspension of the execution of the sentence.

2. If the subject is in breach of the obligations or duties imposed by him during the period of suspension, the Judge or Court may, after hearing the parties, as the case may be:

a) Replace the rule of conduct imposed by a different one.

(b) Extend the period of suspension, without in any event exceeding five years.

c) Revoke the suspension of the execution of the penalty, if the non-compliance was repeated.

Article 85.

1. The suspension will be revoked, the execution of the sentence will be ordered, as well as the registration of the sentence in the Central Register of Penados and Rebels.

2. After the period of suspension fixed without having defined the subject, and if, where appropriate, the rules of conduct laid down by the Judge or Tribunal, he shall agree to the remission of the sentence, ordering the cancellation of the registration made in the Special section of the Central Register of Penados and Rebels. This criminal antecedent shall not be taken into account for any purpose.

Article 86.

In offences which can only be pursued upon complaint or complaint by the offence, the Judges and Courts shall hear from him and, where appropriate, who represents him, before granting the benefits of the suspension of the execution of the penalty.

Item 87.

1. Even if the conditions 1 and 2 are not fulfilled, the Judge or the Court, with a hearing of the parties, may agree to suspend the execution of the custodial sentences of not more than three years ' imprisonment. have committed the criminal act because of their dependence on the substances referred to in Article 20 (2), provided that the following circumstances are present:

1. To be certified sufficiently, by a duly accredited or approved public or private centre or service, that the sentenced person is under treatment or has undergone treatment for that purpose at the time of deciding on the suspension.

2. Let's not be the usual inmates.

2. In the event that the sentenced person is a repeat offender, the Judge or Court shall, by reasoned decision, assess whether or not to grant the benefit of the suspension of the execution of the sentence, given the circumstances of the event and the author.

3. The suspension of the execution of the sentence will always be conditional on the fact that the inmate does not delineate in the period mentioned, which will be three to five years.

4. In the event that the sentenced person is subject to treatment of the situation, the suspension of the execution of the sentence shall also be conditional upon him not giving up the treatment until the end of the treatment. The centres or services responsible for the treatment shall be obliged to provide the Judge or the Court of Justice, within the time limits specified, with the necessary information to verify the commencement of the treatment, and to regularly check its progress, the modifications to be experienced as well as their completion.

5. The Judge or Court shall revoke the suspension of the execution of the sentence if the penalty fails to comply with any of the conditions laid down.

After the period of suspension without having any effect on the subject, the Judge or Tribunal shall agree to the remission of the sentence if the dishabituation or the continuity of the treatment of the inmate has been established. Otherwise, it shall order its compliance, unless the relevant reports are heard, as it considers necessary for the continuation of the treatment; in such a case it may reasonably grant an extension of the period of suspension for a period of not more than two years. years.

SECTION 2 OF THE SUBSTITUTION OF CUSTODIAL SENTENCES

Article 88.

1. The Judges or Courts may, after hearing the parties, replace in the same judgment, or subsequently in a reasoned order, before the commencement of their execution, the prison sentences which do not exceed one year for the arrest of the weekend or fine, although the law does not provide for such penalties for the offence in question, where the personal circumstances of the person concerned, the nature of the act, his conduct and, in particular, the effort to repair the damage caused by him, provided that this is not the case Regular inmates. Each week of imprisonment will be replaced by two weekend arrests; and each day of imprisonment will be replaced by two penalty fees. In such cases the Judge or Court may further impose upon penalty the observance of one or more of the obligations or duties provided for in Article 83 of this Code.

Exceptionally, the Judges or Courts may substitute prison sentences which do not exceed two years for non-habitual prisoners when the circumstances of the event and the guilty party are found to be in compliance with those sentences. to thwart its aims of prevention and social reinsertion. In such cases, the replacement shall be carried out with the same requirements and in the same conversion terms and modules as set out in the preceding paragraph.

2. The Judges and Courts may also, subject to the agreement of the inmate, replace the penalties for the arrest of weekends by fine or work for the benefit of the community. In this case, each weekend arrest will be replaced by four fine or two working days.

3. In the event of a breach or breach in all or part of the replacement penalty, the sentence of imprisonment or of the weekend arrest initially imposed shall be forfeited, where appropriate, the part of the time which has been complied with, according to the with the conversion rules respectively set out in the preceding paragraphs.

4. In no case will it be possible to replace penalties that are substitutes for others.

Article 89.

1. The custodial sentences of less than six years imposed on a foreigner who is not legally resident in Spain may be replaced by their expulsion from the national territory. Likewise, the Judges or Courts may, at the request of the Prosecutor's Office, agree to the expulsion from the national territory of the alien sentenced to imprisonment of six years or more, provided that he has completed three quarters of the condemnation. In both cases it will be necessary to hear before the penalty.

2. The foreigner will not be able to return to Spain within three to ten years from the date of his expulsion, attended to the duration of the sentence imposed. If you return before that term, you will comply with the penalties that have been replaced.

3. By way of derogation from the previous paragraph, the foreigner who will attempt to break a judicial decision of expulsion with an express prohibition of returning to the Spanish territory and being surprised at the border, will be expelled by the authority gubernatively.

SECTION 3 OF PROBATION

Article 90.

1. Parole is established in the custodial sentences for those sentenced in the following circumstances:

1. Let them be in the third degree of prison treatment.

2. That they have extinguished three-quarters of the sentence imposed.

3. That they have observed good behavior, and there is an individualized and favorable prognosis of social reinsertion, issued by the experts that the Judge of Surveillance considers appropriate.

2. The Judge of Surveillance, in order to decree the probation of the penalties, may impose on them the observance of one or more of the rules of conduct provided for in Article 105 of this Code.

Article 91.

Exceptionally, in accordance with the circumstances 1. and 3. of paragraph 1 of the previous article, the Judge of Penitentiary Surveillance may grant parole to those sentenced to custodial sentences of the two-thirds of his sentence is extinguished, as long as they deserve such benefit for having continued work, cultural or occupational activities.

Article 92.

By way of derogation from the foregoing articles, those sentenced to have been in the age of seventy years, or who satisfy them during the extinction of the sentence, and meet the requirements laid down, except for having extinguished three-quarters of that, or, where appropriate, two-thirds may obtain the grant of probation.

The same criterion will apply when, according to medical report, it is a very serious illness, with incurable conditions.

Article 93.

The probation period will last as long as the subject is missing to serve his sentence. If, in that period, the inmate wishes or will not observe the rules of conduct imposed, the Judge of Penitentiary Surveillance will revoke the freedom granted, and the penalty will be re-entered in prison in the appropriate prison term or degree, without Prejudice to the computation of time spent on probation.

SECTION 4.

Article 94.

For the purposes set out in Sections 1 and 2 of this Chapter, it is considered as usual prisoners who have committed three or more offences of the same chapter, within a period of not more than five years, and have been condemned for this.

TITLE IV

Of the security measures

CHAPTER I

Of security measures in general

Article 95.

1. The security measures shall be applied by the Judge or Court, prior to the reports which he considers appropriate, to the persons who are in the cases provided for in the following chapter of this Code, provided that they are circumstances:

1. The subject has committed an intended act as a crime.

2. That the subject's personal circumstances and circumstances may result in a future behavior forecast that reveals the likelihood of committing new crimes.

2. Where the penalty which may have been imposed for the offence committed is not custodial, the Judge or the Court of Auditors may only agree to one or more of the measures provided for in Article 105.

Article 96.

1. The security measures that can be imposed under this Code are proprietary and non-custodial.

2. They are custodial measures:

1. Interment in psychiatric facilities.

2. The internment in the center of dishabituation.

3. Interment in special educational center.

3. They are non-custodial measures:

1. The prohibition of stay and residence in certain places.

2. The deprivation of the right to drive motor vehicles and mopeds.

3. License deprivation or gun permit.

4. Professional Disablement.

5. The expulsion from the national territory of foreigners who are not legally resident in Spain.

6. The others provided for in Article 105 of this Code.

Article 97.

During the execution of the sentence, the Judge or Court of Sentencing may, by means of an adversarial procedure, upon a proposal of the Judge of Penitentiary Surveillance:

(a) Decitate the cessation of any security measures imposed as soon as the subject's criminal dangerousness disappears.

(b) Replace a security measure with another measure which it considers to be more appropriate, among those envisaged for the case in question. In the event that substitution is agreed upon and the subject will evolve unfavourably, no such measure shall be left without effect.

(c) To suspend the execution of the measure in order to pay attention to the result already obtained with its application, for a period not exceeding that which is up to the maximum indicated in the judgment that imposed it. The suspension shall be conditional on the subject not being committed within the time limit set, and may be left without effect if any of the circumstances provided for in Article 95 of this Code are again proven.

To this effect, the Judge of Penitentiary Surveillance will be obliged to raise at least annually a proposal for the maintenance, cessation, replacement or suspension of the measure of private security of freedom imposed.

Article 98.

In order to formulate the proposal referred to in the previous article, the Judge of Penitentiary Surveillance must evaluate the reports issued by the physicians and professionals attending the subject of security, and, in his case, the result of the other actions ordered for this purpose.

Article 99.

In the case of concurrence of custodial sentences and security measures, the judge or tribunal will order the enforcement of the measure, which will be paid for the penalty. Once the security measure has been raised, the Judge or Court may, if the execution of the penalty is liable to endanger the effects achieved through it, to suspend the performance of the remainder of the penalty for a period not exceeding the duration of the the same, or apply one of the measures provided for in Article 105.

Article 100.

1. The breach of an detention security measure shall give rise to the re-entry of the subject in the same centre of which he has been evaded or in another which corresponds to his state, without prejudice to any evidence of the breach of the measure. in the cases of those submitted to it under Article 104 of this Code.

2. In the case of other measures, the Judge or Court may agree to replace the breach by the detention order if it is intended for the case in question and if the breach proves to be necessary.

CHAPTER II

From the application of security measures

SECTION 1 OF THE CUSTODIAL MEASURES

Item 101.

1. The person who is declared exempt from criminal liability in accordance with Article 20 (1) may, if necessary, apply the detention measure for medical treatment or special education in an establishment appropriate to the type The Commission shall, in accordance with the procedure laid down in Article 96 (3), make a reference to the following: Detention shall not exceed the time that the custodial sentence would have lasted, if the subject has been held liable, and for that purpose the Judge or Court shall set that maximum limit in the judgment.

2. The person subject to this measure may not leave the establishment without the authorization of the Judge or Court of Sentencing, in accordance with the provisions of Article 97 of this Code.

Article 102.

1. Exempt from criminal liability in accordance with Article 20 (2) shall apply to them, if necessary, to the measure of detention in the centre of public or private law, duly accredited or approved, or any other of the measures provided for in Article 96 (3). Detention shall not exceed the time that the custodial sentence would have lasted, if the person has been held liable, and for that purpose the Judge or Court shall set that maximum limit in the judgment.

2. The person subject to this measure may not leave the establishment without the authorization of the Judge or Court of Sentencing in accordance with the provisions of Article 97 of this Code.

Article 103.

1. To those who have been declared exempt from liability in accordance with Article 20 (3), the measure of detention in a special educational establishment or any other of the measures provided for in paragraph 3 may, if necessary, be applied to them. third of Article 96. Detention shall not exceed the time that the custodial sentence would have lasted, if the subject has been held liable and, to that end, the Judge or Court shall set that maximum limit in the judgment.

2. The person subject to this measure may not leave the establishment without the authorization of the Judge or Court of Sentencing in accordance with the provisions of Article 97 of this Code.

3. In this case, the proposal referred to in Article 97 of this Code should be made at the end of each course or degree of education.

Article 104.

In the case of an incomplete exemption in relation to the numbers 1, 2, 2 and 3. of Article 20, the Judge or Court may, in addition to the penalty concerned, impose the measures provided for in Articles 101, 102 and 103. However, the detention measure shall apply only where the penalty imposed is a custodial sentence and its duration may not exceed that of the penalty provided for by the Code for the offence. For its implementation, the provisions of Article 99 shall be observed.

SECTION 2 OF THE NON-CUSTODIAL MEASURES

Article 105.

In the cases provided for in Articles 101 to 104, the Judge or Court may, from the outset or during the execution of the judgment, agree to the imposition of the observance of one or more of the following measures:

1. For a time not exceeding five years:

a) Submission to external treatment in medical centres or social-health establishments.

b) Obligation to reside in a given location.

c) Prohibition of residing on the site or territory designated. In this case, the subject will be obliged to declare the address of his or her choice and the changes that occur.

d) Prohibition of going to certain places or visiting establishments of alcoholic beverages.

e) Family Custody. This measure shall be subject to the care and supervision of the family member who is appointed and who accepts custody, who shall exercise such care in relation to the Judge of Surveillance and without prejudice to the school or work activities of the guard.

f) Submission to training, cultural, educational, professional, sex education, and similar programs.

2. For a time of up to ten years:

a) The deprivation of the license or the permit to arms.

b) Deprivation of the right to drive motor vehicles and mopeds.

The Prison Surveillance Judge or the corresponding services of the Ministry of Justice and Home Affairs or the Autonomous Administration shall inform the Judge or Court of judgment of the compliance with these measures.

Article 106.

In the cases provided for in the previous Article, the Judge or Court of Auditors shall provide that the competent social assistance services shall provide the aid or care which it requires and which is legally appropriate for the subject of the non-custodial security.

Article 107.

The Judge or Court may reasonably decree the disablement measure for the exercise of a given right, profession, trade, industry or trade, office or employment, for a period of one to five years, when the subject has committed with abuse of that exercise, or in connection with it, a criminal act, and where the assessment of the concurrent circumstances may result in the danger that the same offence or other similar offences may be committed again, provided that it is not possible impose the appropriate penalty for finding in any of the situations provided for in the Article 20 (1), 2. and 3.

Article 108.

1. If the person is a foreign person not legally resident in Spain, the Judge or Court may, after hearing the case, agree to the expulsion of the national territory as a substitute for the security measures of liberty to which it is applicable.

2. The subject to this measure may not re-enter Spain for the period specified, without exceeding 10 years.

TITLE V

From civil liability arising from offences and offences and from procedural costs

CHAPTER I

From civil liability and its extension

Article 109.

1. The execution of a fact described by the Law as a crime or a failure requires to repair, in the terms provided for in the Laws, the damages caused by it.

2. The injured party may, in any case, choose to require civil liability in respect of the Civil Jurisdiction.

Item 110.

The liability set out in the previous article comprises:

1. The backout.

2. The repair of damage.

3. The indemnity for material and moral damages.

Article 111.

1. It must be restored, where possible, the same good, with the result of the deterioration and damage to which the Judge or Tribunal determines. The refund shall take place even if the property is held by the third party and has acquired it legally and in good faith, leaving the right of repetition to the person concerned and, where appropriate, the right to be compensated by the civil liability of the crime or fault.

2. This provision is not applicable where the third party has acquired the good in the form and with the requirements laid down by the Laws to make it unvindictable.

Article 112.

The repair of the damage may consist of obligations to give, to do or not to make the Judge or Court establish by the nature of that and the personal and property conditions of the culprit, determining if they must be fulfilled by the same or they can be executed at their expense.

Article 113.

The compensation for material and moral damages shall comprise not only those who have been wronged, but also those who have been irrogated to their relatives or to third parties.

Article 114.

If the victim has contributed his conduct to the production of the damage or injury suffered, the Judges or Courts may moderate the amount of their compensation or compensation.

Item 115.

The Judges and Courts, in declaring the existence of civil liability, will establish in their resolutions the bases in which they base the amount of damages and indemnities, being able to fix it in their own resolution or at the time of execution.

CHAPTER II

Of the civilly responsible people

Article 116.

1. Any person who is criminally responsible for a crime or a crime is also civilly if it is caused by damages. If they are two or more those responsible for a crime or the Judges or Courts are missing, they will point out the fee to which each person must respond.

2. The authors and the accomplices, each within their respective class, shall be jointly and severally liable to each other for their shares, and subsidiary to the other persons responsible.

Subsidiary liability will become effective: first, in the authors ' assets, and then, in those of the accomplices.

In cases where joint and several liability is effective as the subsidiary, the repetition of the one that has been paid against the others for the quotas corresponding to each one will be saved.

Article 117.

Insurers who have assumed the risk of pecuniary liabilities arising from the use or exploitation of any good, business, industry or activity, where, as a result of a fact provided for in this Code, produce the event which determines the insured risk, shall be directly responsible for civil liability up to the limit of the legally established or conventionally agreed compensation, without prejudice to the right of repetition against the person concerned.

Article 118.

1. The exemption from criminal liability as stated in the numbers 1, 2, 2, 3, 5, 5 and 6. of Article 20 does not include that of civil liability, which shall be effective in accordance with the following rules:

1. In the cases of numbers 1. º and 3. º, they are also responsible for the facts that execute the declared exempt of criminal responsibility who have them under their authority or legal guardian or in fact, provided that they have mediated fault or negligence on their part and without prejudice to direct civil liability which may correspond to the imputable ones.

The Judges or Courts shall, in an equitable manner, measure the extent to which they are required to respond to each of these subjects.

2. It is equally responsible for the drunk and the intoxicated in the case of the number

.

3. In the case of number 5, the persons in whose favour the evil has been prevented, in proportion to the damage that has been avoided, shall be responsible for direct civil liability if it is estimable or, in other case, in which the Judge or Tribunal set according to its prudent arbitrage.

When the fees to be answered by the person concerned are not equally assignable by the Judge or Court, not even by approximation, or when the liability is extended to the General Administration or to the majority of the of a population and, in any event, provided that the damage has been caused by the consent of the authority or its servants, the compensation shall be agreed, where appropriate, in the form laid down by the special laws and regulations.

4. In the case of the number 6. º, they will respond mainly to those who have caused the fear, and in default of them, those who have executed the fact.

2. In the case of Article 14, the perpetrators shall be responsible for the fact.

Article 119.

In all the assumptions of the previous article, the Judge or Court that dictates absolute judgment in order to estimate the concurrence of any of the reasons for exemption mentioned, will proceed to fix the civil liabilities unless there is made express reservation of the actions to be claimed on the appropriate path.

Article 120.

They are also civilly responsible, in default of those who are criminally responsible:

1. The parents or guardians, for the damages caused by the crimes or faults committed by the over eighteen years of age, subject to their parental rights or guardianship and who live in their company, provided that there is at least the fault or negligence.

2. º Natural or legal persons holding editorials, newspapers, magazines, radio or television stations or any other means of broadcast, spoken or visual, for the crimes or faults committed using the the means for which they are the holders, leaving the provisions of Article 212 of this Code to the exception.

3. No natural or legal persons, in the case of crimes or offences committed in the establishments of which they are the holders, when, by those who direct or administer them, or their dependents or employees, (a) in breach of the police regulations or the provisions of the authority which are related to the punishable act, in such a way that it would not have occurred without such infringement.

4. The natural or legal persons engaged in any kind of industry or commerce, for the crimes or faults that have been committed by their employees or dependents, representatives or managers in the performance of their duties or services.

5. º natural or legal persons who are holders of vehicles liable to create risks for third parties, for crimes or faults committed in the use of those by their dependents or representatives or persons authorized.

Article 121.

The State, the Autonomous Community, the province, the island, the municipality and other public entities, as the case may be, respond to the damages caused by the criminally responsible for the intentional or culpable crimes. they are the authorities, agents and contractors of the same or public servants in the exercise of their posts or duties, provided that the injury is a direct consequence of the functioning of the public services entrusted to them, without damage to property liability arising from normal or abnormal operation of such services may be required in accordance with the rules of the administrative procedure, and without, under any circumstances, an indemnity duplicity.

If the civil liability of the authority, agents and contractors of the same or public officials is required in the criminal proceedings, the claim must be directed simultaneously against the public administration or entity. allegedly subsidiary civil liability.

Item 122.

The person who, by title, has participated in the effects of a crime or is missing, is obliged to return the matter or to compensate for the damage up to the amount of his participation.

CHAPTER III

From the procedural costs

Article 123.

Procedural costs are understood to be imposed by the Law on those criminally responsible for any crime or misconduct.

Article 124.

The costs shall include the rights and indemnities occasioned in the proceedings and shall always include the fees of the particular charge in the offences only to be pursued at the request of a party.

CHAPTER IV

Compliance with civil liability and other pecuniary responsibilities

Article 125.

When the assets of the civil liability are not enough to satisfy once all the pecuniary responsibilities, the Judge or Court may, after hearing the injured party, be able to split its payment, pointing out, according to its prudent arbitrate and attention to the needs of the injured person and the economic potential of the person responsible, the period and the amount of time limits.

Article 126.

1. Payments made by the pension or the subsidiary civil liability shall be charged in the following order:

1. To repair the damage caused and compensation for damages.

2. To the compensation to the State for the amount of the expenses that would have been made on its own account in the cause.

3. º To the costs of the particular or private accuser when his payment is imposed on the judgment.

4. To the other procedural costs, including those of the defense of the process, without preference among the interested parties.

5. º A fine.

2. Where the offence has been of which only part of the offence may be pursued, the costs of the private accuser shall be satisfied in preference to the compensation of the State.

TITLE VI

Of the ancillary consequences

Article 127.

Any penalty that is imposed for a crime or foul will lead to the loss of the effects that come from them and from the instruments with which it has been executed, as well as the proceeds from the crime, whatever are the transformations that you have been able to experience. The ones and the others will be seized, unless they belong to a third party in good faith not responsible for the crime that has legally acquired them. Those seized shall be sold, if they are lawful, their product shall be applied to cover the civil liability of the penalty and, if they are not, the intended destination shall be given to them and, failing that, they shall be inused.

Article 128.

Where the effects and instruments are lawful and their value is not proportionate to the nature or gravity of the criminal offence, or the civil liability has been fully satisfied, the Judge or Court not decree forfeiture, or partially decree it.

Article 129.

1. The Judge or Court, in the cases provided for in this Code, and after hearing the holders or their legal representatives, may, in a reasoned manner, impose the following consequences:

(a) Closing of the undertaking, its premises or establishments, either temporarily or definitively. The temporary closure may not exceed five years.

b) Dissolution of society, association or foundation.

c) Suspension of the activities of the company, company, foundation or association for a period not exceeding five years.

d) Prohibition of carrying out in the future activities, commercial operations or business of the class of those in whose exercise the crime has been committed, favored or covered up. This prohibition may be temporary or final. If it is temporary, the period of prohibition shall not exceed five years.

e) The intervention of the company to safeguard the rights of workers or creditors for the time required and without exceeding a maximum period of five years.

2. The temporary closure provided for in subparagraph (a) and the suspension referred to in subparagraph (c) of the preceding paragraph may be agreed by the Judge Instructor also during the processing of the cause.

3. The ancillary consequences provided for in this Article shall be aimed at preventing the continuation of criminal activity and the effects thereof.

TITLE VII

From the extinction of criminal responsibility and its effects

CHAPTER I

Of causes that extinguish criminal responsibility

Article 130.

Criminal responsibility is extinguished:

1. º By death of the inmate.

2. º For the fulfillment of the conviction.

3. º By Pardon.

4. º For the forgiveness of the offended, when the law so provides. The pardon must be granted expressly before the execution of the sentence imposed. To this end, the Judge or Judge shall hear the judgment of the offence for the offence before ordering the execution of the sentence.

In crimes or offenses against minors or incapacitated, the Judges or Courts, heard by the Prosecutor's Office, may reject the effectiveness of the pardon granted by the representatives of those, ordering the continuation of the procedure, with the intervention of the Prosecutor's Office, or the enforcement of the sentence.

To reject the pardon referred to in the preceding paragraph, the Judge or Court shall again hear the representative of the minor or incapable.

5. º For the prescription of the offense.

6. º For the prescription of the penalty.

Article 131.

1. The offences prescribe:

At the age of twenty, when the maximum penalty for the crime is 15 or more years.

At fifteen, when the maximum penalty indicated by the Law is disablement for more than ten years, or imprisonment for more than ten years and less than fifteen years.

At ten, when the maximum penalty indicated by the Law is disallowed for more than six years and less than ten years, or imprisonment for more than five and less than ten years.

At five, the remaining serious crimes.

At three, the least serious crimes.

The crimes of slander and slander are prescribed for the year.

2. The fouls prescribe at six months.

3. When the penalty indicated by the Law is composed, it will be, for the application of the rules included in this article, that it requires more time for the prescription.

4. The crime of genocide shall in no case be prescribed.

Article 132.

1. The terms set out in the preceding article shall be taken into account from the day on which the punishable offence was committed. In cases of continued crime and permanent crime, such terms will be computed respectively, from the day the last infringement took place and since the unlawful situation was eliminated.

2. The prescription will be interrupted, with no effect on the elapsed time, when the procedure is directed against the culprit, beginning to run again the term of the prescription since the procedure is paralyzed or ended without conviction.

Article 133.

1. Penalties imposed by a firm sentence are prescribed:

At twenty-five years, those in prison of fifteen or more years.

At twenty, those of disablement for more than ten years and those in prison for more than ten and less than fifteen.

At fifteen, those of disablement for more than six and less than ten years and those in prison for more than five and less than ten years.

At ten, the remaining severe penalties.

At five, the least severe penalties.

A year, mild penalties.

2. Penalties imposed for the offence of genocide shall in no case be prescribed.

Article 134.

The time of the penalty limitation shall be computed from the date of the final judgment, or from the breaking of the sentence, if it has begun to be fulfilled.

Article 135.

1. Security measures shall be limited to 10 years, if they are free of liberty for more than three years, and at five years of imprisonment if they are free of liberty equal to or less than three years or have other content.

2. The time of the prescription shall be computed from the day on which the decision on which the measure was imposed or, in the case of subsequent compliance, has been established since it was first due.

3. If compliance with a safety measure is after a penalty, the time limit shall be calculated from the time of the death penalty.

CHAPTER II

From the cancellation of criminal records

Article 136.

1. Those convicted who have extinguished their criminal liability have the right to obtain from the Ministry of Justice and Home, on their own initiative or at the request of a party, the cancellation of their criminal records, prior to the report of the Judge or the Court of Sentencing.

2. Recognition of this right will be essential requirements:

1. Having satisfied the civil liability arising from the infringement, except in the cases of insolvency declared by the Judge or Court of Sentencing, unless the inmate had come to better fortune.

By way of derogation from the foregoing paragraph, in the case provided for in Article 125 it shall be sufficient for the inmate to be in the ordinary course of the split payments which the Judge or Court has given him and to provide, in the case of of this, sufficient guarantee in respect of the deferred amount.

2. No, the following periods of time: six months for minor sentences; two years for sentences not exceeding 12 months and those imposed for reckless offences; three years for the less severe penalties; and five for severe penalties.

3. Such time limits shall be counted from the day following the day on which the penalty is extinguished, including the case for the revocation of the conditional sentence.

4. The registration of criminal records in the different sections of the Central Register of Penados and Rebels will not be public. During its term, only certifications will be issued with the limitations and guarantees provided for in its specific rules and in the cases established by the Law. In any case, the Judges or Courts shall be free to apply, whether or not they have been cancelled, expressly stating, if given, the latter circumstance.

5. In cases where, in spite of the requirements laid down in this Article for cancellation, either at the request of the person concerned, or at the request of the Ministry of Justice and the Interior, the person concerned has not been produced, the Judge or the Court, accredited such circumstances, will order the cancellation and will not take into account such antecedents.

Article 137.

The annotations of the security measures imposed in accordance with this Code or other criminal laws will be cancelled once the respective measure has been completed or prescribed; in the meantime, they will only appear in the certifications to be issued by the Registry to Judges or Courts or administrative authorities, in the cases established by the Law.

BOOK II

Crimes and their penalties

TITLE I

Homicide and its forms

Article 138.

He who will kill another will be punished, as a homicide inmate, with the prison sentence of ten to fifteen years.

Article 139.

He will be punished with the prison sentence of fifteen to twenty years, as an inmate of murder, that I will kill another one of the following circumstances:

1. With Alevosia.

2. th By price, reward, or promise.

3. With ensing, deliberately and inhumanely increasing the pain of the offended.

Article 140.

When in a murder more than one of the circumstances provided for in the previous article, the prison sentence of twenty to twenty-five years shall be imposed.

Article 141.

The provocation, conspiracy, and proposition to commit the offences provided for in the preceding three articles shall be punishable by a penalty of less than one or two degrees to that indicated in the foregoing articles.

Article 142.

1. The one who, by gross recklessness, will cause the death of another, will be punished, as an inmate of reckless homicide, with the prison sentence of one to four years.

2. Where the reckless homicide is committed using a motor vehicle, a moped or a firearm, the right to drive motor vehicles and mopeds or the deprivation of the right shall also be imposed, respectively, to the possession and carrying of weapons, one to six years.

3. Where the homicide is committed by professional recklessness, the penalty of special disablement shall be imposed for the pursuit of the profession, trade or office for a period of three to six years.

Article 143.

1. The one who leads to the suicide of another will be punished with the prison term of four to eight years.

2. The prison term of two to five years shall be imposed on the person who cooperates with the necessary acts to the suicide of a person.

3. He will be punished with the prison term of six to ten years if cooperation reaches the point of executing death.

4. The person who actively causes or will cooperate with necessary and direct acts upon the death of another, by the express, serious and unequivocal request of the other, in the event that the victim suffered a serious illness that would necessarily lead to his death, or that produce severe permanent and difficult to bear conditions, will be punished with the lower penalty in one or two degrees to those mentioned in numbers 2 and 3 of this article.

TITLE II

From Abortion

Article 144.

The one who produces the abortion of a woman, without her consent, will be punished with the imprisonment of four to eight years and special disablement to exercise any health profession, or to provide services of any kind in clinical, public or private clinics, establishments or offices, for three to ten years.

The same penalties will be imposed on you who practice abortion having obtained the woman's consent through violence, threat or deception.

Article 145.

1. The one who produces the abortion of a woman, with her consent, outside of the cases permitted by law, will be punished with the imprisonment of one to three years and special disablement to exercise any health profession, or to lend services of any kind in clinical, public or private clinics, establishments or offices, for one to six years.

2. A woman who has her abortion or consents to be caused by another person, outside of the cases permitted by law, will be punished with the imprisonment of six months to a year or a fine of six to twenty-four months.

Article 146.

The one who for serious recklessness will cause an abortion will be punished with a penalty of arrest from twelve to twenty-four weekends.

When an abortion is committed by professional recklessness, it shall also impose the penalty of special disablement for the exercise of the profession, trade or office for a period of one to three years.

The pregnant woman will not be penalized in accordance with this precept.

TITLE III

From Injuries

Item 147.

1. The person who, by any means or procedure, will cause to another injury that damages his bodily integrity or his physical or mental health, will be punished as an inmate of the crime of injury with the prison sentence of six months to three years, provided that the injury (a) objectively requires for his/her health, in addition to a first optional assistance, medical or surgical treatment. Simple monitoring or optional follow-up to the injury course will not be considered as medical treatment.

2. However, the fact described in the preceding paragraph shall be punishable by the arrest of seven to twenty-four weekends or a fine of three to twelve months, where it is of lesser severity, the means employed or the result produced.

Article 148.

The injuries provided for in paragraph 1 of the previous article may be punishable by imprisonment of two to five years, taking into account the result or risk produced:

1. "No" if weapons, instruments, objects, means, methods or forms specifically dangerous to life or health, physical or physical

have been used in the aggression.

psychic, from the injured.

2. º If you have mediated.

3. º If the victim is less than twelve years old or incapable.

Article 149.

The one that I will cause to another, by any means or procedure, the loss or the futility of a principal organ or member, or of a sense, impotence, sterility, a serious deformity, or a serious somatic or psychic disease, will be punished with the prison term of six to twelve years.

Item 150.

The one that will cause another the loss or futility of an organ or non-principal member, or deformity, will be punished with the prison term of three to six years.

Article 151

The provocation, conspiracy, and proposition to commit the offences provided for in the preceding articles of this Title shall be punishable by a penalty of less than one or two degrees to that of the corresponding offence.

Article 152.

1. The person who, by way of serious recklessness, shall cause any of the injuries provided for in the foregoing articles shall be punished:

1. º With the arrest penalty of seven to twenty-four weekends if the injuries were dealt with in Article 147.1.

2. º With the prison term of one to three years if it were the injuries of article 149.

3. With the prison term of six months to two years if the injury is dealt with in Article 150.

2. Where the facts referred to in this Article have been committed using a motor vehicle, a moped or a firearm, the right to drive motor vehicles and mopeds or motor vehicles shall be imposed, respectively, and respectively. the right to the holding and carrying of weapons for one to three years.

3. Where injuries are committed by professional recklessness, the penalty for special disablement shall also be imposed for the pursuit of the profession, trade or office for a period of one to four years.

Article 153.

He who habitually exercises physical violence on his spouse or person to whom he is linked in a stable way by analogous relationship of affectivity or on his or her own children or spouse, pupil, ascendant or (a) who are unable to agree with him or who are subject to the right, guardianship, curatelle or guardian of fact from one or the other, shall be punished by imprisonment from six months to three years, without prejudice to any penalties which may correspond to the result which, in each case, will be caused.

Article 154.

Those who pay for each other, engaging in tumult, and using means or instruments that endanger the lives or integrity of the people, will be punished for their participation in the fight with the prison sentence of six. months to one year or more than two months and up to 12 months.

Article 155.

In injury offences, if you have mediated the valid, free, spontaneous and expressly issued consent of the offended, the penalty shall be imposed at a lower level by one or two degrees.

The consent granted by a minor or an incapable will not be valid.

Article 156.

By way of derogation from the previous article, the consent valid, free, conscious and expressly issued exempts from criminal responsibility in the cases of organ transplantation carried out according to the provisions of the Law, sterilizations and transsexual surgery performed by optional, except that the consent has been obtained viciously, or by price or reward, or the grantor is minor or incapable; in which case the loan will not be valid for these or their legal representatives.

However, the sterilization of incapacitated person who suffers from severe psychological deficiency will not be punishable when that, taking as a guiding criterion the greatest interest of the incapable, has been authorized by the Judge, either in the same procedure of incapacitation, either in a case of voluntary jurisdiction, dealt with after it, at the request of the legal representative of the incapable, heard the opinion of two specialists, the Ministry of Public and the Unable to scan.

TITLE IV

From lesions to the fetus

Article 157.

The person who, by any means or procedure, causes an injury or illness in an unborn child that seriously damages his or her normal development, or causes a serious physical or mental tare in the fetus, will be punished with a prison sentence of one Four years and a special disablement to exercise any health profession, or to provide services of any kind in clinics, establishments or gynaecological offices, public or private, for two to eight years.

Article 158.

He who, by gross recklessness, will commit the facts described in the previous article, will be punished with the penalty of arrest from seven to twenty-four weekends.

When the facts described in the previous article are committed by professional recklessness, the penalty of special disablement shall also be imposed for the exercise of the profession, trade or office for a period of six months two years.

The pregnant woman will not be penalized in accordance with this precept.

TITLE V

Crimes relating to genetic manipulation

Article 159.

1. They shall be punished with the imprisonment of two to six years and shall be subject to special disqualification for employment or public office, occupation or office of seven to ten years, which, with a view other than the elimination or reduction of serious conditions or diseases, manipulate human genes so that the genotype is altered.

2. If the alteration of the genotype is carried out by serious recklessness, the penalty shall be of a fine of six to fifteen months and shall not be special for employment or public office, profession or office of one to three years.

Article 160.

The use of genetic engineering to produce biological or exterminating weapons of the human species will be punished with the imprisonment of three to seven years and special disablement for employment or public office, profession or office for seven to ten years.

Article 161.

1. They shall be punished with the imprisonment of one to five years and special disablement for employment or public office, profession or trade of six to ten years who fertilise human eggs for any purpose other than human procreation.

2. The same penalty will punish the creation of identical human beings by cloning or other procedures aimed at the selection of the race.

Article 162.

1. Those who will practice assisted reproduction in a woman, without their consent, will be punished with the imprisonment of two to six years, and special disqualification for employment or public office, profession or office for one to four years.

2. To proceed with this crime will be precise denunciation of the person aggrieved or his legal representative. When that person is a minor, unable, or an invalid person, he/she may also report the Fiscal Ministry.

TITLE VI

Crimes against Freedom

CHAPTER I

Of illegal detentions and kidnappings

Article 163.

1. The particular one who will lock or stop another, depriving him of his freedom, will be punished with the imprisonment of four to six years.

2. If the culprit were released from detention within the first three days of his detention, without having achieved the object that had been proposed, the lower penalty would be imposed.

3. The prison sentence of five to eight years will be imposed if the lockdown or detention has lasted for more than a fortnight.

4. The individual who, outside of the cases permitted by the laws, apprehensions a person to immediately present it to the authority, will be punished with the penalty of fine of three to six months.

Article 164.

The kidnapping of a person demanding some condition to release him will be punished with the prison sentence of six to ten years. If the circumstances of Article 163.3 have been taken into account in the abduction, the upper penalty shall be imposed in grade, and the lower penalty shall be imposed if the conditions of Article 163.2 are met.

Article 165.

The penalties of the foregoing articles shall be imposed in their superior half, in the respective cases, if the unlawful detention or abduction has been executed with simulation of authority or public function, or the victim is of a minor age or unable or civil servant in the performance of his/her duties.

Article 166.

The prisoner of illegal detention or abduction who does not reason for the whereabouts of the detained person will be punished, as the case may be, with the penalties higher than those mentioned in the previous articles of this chapter, except that the has been released.

Article 167.

The public authority or official who, outside of the cases permitted by the Law, and without the mediation cause, committed any of the facts described in the above articles will be punished with the penalties respectively In the case of these, in their upper half and, in addition, with the absolute disablement for eight to twelve years.

Article 168.

The provocation, conspiracy, and proposition to commit the offences provided for in this Chapter shall be punishable by a penalty of less than one or two degrees to the offence in question.

CHAPTER II

From Threats

Article 169.

He who will threaten another with causing him, his family or others with whom he is intimately linked a evil that constitutes crimes of homicide, injury, abortion, against freedom, torture and against moral integrity, sexual freedom, intimacy, honor, heritage and socio-economic order, will be punished:

1. With the imprisonment of one to five years, if the threat has been made by demanding an amount or by imposing any other condition, even if it is not illicit, and the guilty party has achieved its purpose. Failure to do so will impose the prison term of six months to three years.

The penalties referred to in the preceding paragraph shall be imposed in their upper half if the threats are made in writing, by telephone or by any means of communication or reproduction, or on behalf of real or group entities or groups. assumptions.

2. With the prison term of six months to two years, when the threat has not been conditional.

Article 170.

If the threats of an evil that constitute a crime are directed to terrorize the inhabitants of a population, ethnic group, or a large group of people and have the necessary gravity to achieve it, they will be imposed, respectively, the penalties higher in grade than those provided for in the previous article.

Article 171.

1. The threats of an evil which does not constitute a crime shall be punishable by imprisonment of six months to two years or fine of twelve to twenty-four months, attended to the gravity and circumstance of the fact, when the threat is conditional and the condition does not consist of a proper conduct. If the culprit has achieved his purpose, the penalty will be imposed on him in his superior half.

2. If someone else demands an amount or reward under the threat of revealing or spreading facts concerning his or her private life or family relationships that are not publicly known and may affect his fame, credit or interest, he/she will be punished with the prison sentence of two to four years, if he has obtained the delivery of all or part of the required, and with that of six months to two years, if he does not get it.

3. If the fact described in the previous paragraph consists of the threat of revealing or denouncing the commission of any crime, the Prosecutor's Office may, in order to facilitate the punishment of the threat, refrain from charging for the crime with which the he has threatened, unless he is punishable by imprisonment of more than two years. In the latter case, the Judge or Court may reduce the penalty by one or two degrees.

CHAPTER III

Of The Coactions

Article 172.

The one who without being legitimately authorized to prevent another with violence from doing what the Law does not prohibit, or will make him do what he does not want, be fair or unjust, will be punished with the prison sentence of six months to three years or with a fine of six to twenty-four months, depending on the severity of the coercion or the means used.

When the coercion exercised is intended to prevent the exercise of a fundamental right, the penalties shall be imposed in their superior half, except that the fact has more than a penalty in another precept of this Code.

TITLE VII

Of torture and other crimes against moral integrity

Article 173.

The one who will inflict degrading treatment on another person, seriously undermining his moral integrity, will be punished with the imprisonment of six months to two years.

Article 174.

1. He commits torture to the public authority or official who, by abusing his position, and in order to obtain a confession or information from any person or to punish him for any fact that he has committed or is suspected of having committed, conditions or procedures which, by reason of their nature, duration or other circumstances, involve physical or mental suffering, the suppression or reduction of their powers of knowledge, discernment or decision, or in any other way against their moral integrity. The guilty of torture will be punished with the imprisonment of two to six years if the attack was serious, and one to three years in prison if it is not. In addition to the penalties identified, it shall be imposed, in any case, for the total disablement of eight to twelve years.

2. At the same time, the authorities or officials of penitentiary institutions or centres for the protection or correction of minors who committed, in respect of detainees, inmates or prisoners, the acts referred to in paragraph 1 shall be subject to the same penalties. previous.

Article 175.

The authority or public official who, abusing his position and outside the cases referred to in the previous article, will against the moral integrity of a person will be punished with the imprisonment of two to four years if he It was a serious attack, and six months to two years if it was not. In any case, the author shall be imposed, in addition to the penalties indicated, the special disablement for employment or public office for two to four years.

Article 176.

The penalties laid down in the preceding articles shall be imposed on the authority or official who, in the event of the duties of his office, may be required to carry out the facts provided for therein.

Article 177.

If in the offences described in the preceding articles, in addition to the attack on moral integrity, injury or damage to life, physical integrity, health, sexual freedom or property of the victim or a third party, will be punished the facts separately with the penalty for the offences or offences committed, except where the person is already particularly punished by the law.

TITLE VIII

Crimes against sexual freedom

CHAPTER I

Of sexual assaults

Article 178.

The one who will be against the sexual freedom of another person, with violence or intimidation, will be punished as guilty of sexual assault with the prison sentence of one to four years.

Article 179.

When sexual assault consists of carnal access, introduction of objects or oral or anal penetration, the penalty will be in prison for six to twelve years.

Article 180.

The previous conduct shall be punishable by imprisonment of four to ten years for the aggressions of Article 178, and from twelve to fifteen years for those of Article 179, when any of the following acts circumstances:

1. When violence or intimidation exercises a particularly degrading or vexatious character.

2. When the facts are committed by three or more people acting as a group.

3. When the victim is a particularly vulnerable person, due to their age, disease or situation.

4. When the crime is committed, prevalding its relationship of kinship, by ascendant, descendant or brother, by nature, by adoption or like of the victim.

5. When the author makes use of particularly dangerous means capable of producing death or any of the injuries provided for in Articles 149 and 150, without prejudice to the death or death penalty caused injuries.

If two or more of the above circumstances are present, the penalties provided for in this article shall be imposed in their upper half.

CHAPTER II

Of Sexual Abuse

Article 181.

1. The one who, without violence or intimidation and without any consent, will carry out acts that attack the sexual freedom of another person, will be punished as guilty of sexual abuse with the penalty of fine of twelve to twenty-four months.

2. In any case, non-consensual sexual abuse is considered to be executed:

1. º Over children under twelve years.

2. º About people who are either private or abusing their mental disorder.

In these cases, the prison term of six months to two years will be imposed.

3. Where consent is obtained by prevalding the guilty of a situation of superiority, it is clear that the victim's freedom shall be imposed for a fine of six to twelve months.

Article 182.

When sexual abuse consists of carnal access, introduction of objects or oral or anal penetration, the penalty will be in prison for four to ten years in cases of lack of consent, and one to six years in the cases of abuse of superiority.

The penalties referred to in the preceding paragraph shall be imposed in their upper half in any of the following cases:

1. º When the crime is committed, prevalising its relationship of kinship, by ascendant, descendant or brother, by nature or adoption, of the victim.

2. º When the victim is a particularly vulnerable person due to their age, disease or situation.

Article 183.

The one who, intervening deception, committed sexual abuse with a person over twelve years and under sixteen, will be punished with the penalty of fine of twelve to twenty-four months.

When abuse consists of carnal access, introduction of objects or oral or anal penetration, the penalty will be from six months to three years.

CHAPTER III

Sexual Harassment

Article 184.

The one who will apply for favors of a sexual nature for himself or for a third party prevalusing a situation of labor superiority, teacher or analogous, with the express or tacit announcement to cause the victim an evil related to the legitimate expectations you may have in the scope of such relationship, you will be punished as an author of sexual harassment with the penalty of arrest of twelve to twenty-four weekends or fine of six to twelve months.

CHAPTER IV

From crimes of exhibitionism and sexual provocation

Article 185.

The one that I will execute or do to execute other acts of obscene display before minors or incapable, will be punished with the penalty of fine of three to ten months.

Article 186.

He who, by any means, will broadcast, sell or exhibit pornographic material among minors or incapable, will be punished with the penalty of fine of three to ten months.

CHAPTER V

Of crimes relating to prostitution

Article 187.

1. The one that induces, promotes, favors or facilitates the prostitution of a minor or incapable person, will be punished with prison sentences of one to four years and fine of twelve to twenty-four months.

2. They shall incur the penalty of imprisonment in their superior half and, in addition, in the case of an absolute disablement of six to twelve years, those who carry out the previous conduct, making use of their status as a public authority, agent or official public.

Article 188.

1. The person who determines, coactively, by deception or by abusing a situation of necessity or superiority, an elderly person to practice prostitution or to remain in it, will be punished with prison sentences of two to four years and a fine of twelve to twenty-four months.

2. In addition, the conduct of the conduct described in the preceding paragraph shall be subject to an absolute disablement of six to twelve years, subject to his or her status as a public authority, agent or public official.

3. If those behaviors are exercised over a minor or incapable person, the higher penalty will be imposed in grade.

Article 189.

1. The one who will use a minor or an incapable person for purposes or on exhibitionist or pornographic shows will be punished with the prison term of one to three years.

2. The person who has under his authority, guardianship, guardian or shelter a minor or incapable and who, with news of the prostitution of the latter, does not do what is possible to prevent his continuation in such a state, or he will not go to the authority for the same purpose if It has no means for its custody, it will incur the penalty of fine of three to ten months.

3. The Prosecutor's Office shall promote the relevant actions in order to deprive the person of the parental rights, guardianship, guardian or family of any of the conduct mentioned in the preceding paragraph.

Article 190.

The conviction of a foreign judge or tribunal, imposed for crimes under this Chapter, shall be equated with the judgments of the Spanish Judges or Courts for the purposes of the application of the aggravation of recidivism.

CHAPTER VI

Provisions common to previous chapters

Article 191.

1. To proceed with the crimes of aggression, harassment or sexual abuse, it will be precise denunciation of the person aggrieved, of his legal representative or complaint of the Fiscal Ministry, that will act by weighing the legitimate interests in presence. Where the victim is a minor, unable or an invalid person, the complaint by the Prosecutor's Office shall be sufficient.

2. In these crimes the pardon of the offended or the legal representative does not extinguish the criminal action or the responsibility of that class.

Article 192.

1. The ascendants, guardians, curators, guarders, teachers or any other person in charge of the child's right or right, acting as authors or accomplices in the perpetration of the offences included in this Title, shall be punished with the appropriate penalty, in their upper half.

This rule will not apply when the circumstance in it is specifically contemplated in the criminal type in question.

2. The Judge or the Court may, in addition, impose the penalty of special disablement for the exercise of the rights of the fatherland, custody, curatelle, guardian, employment or public office or exercise of the profession or profession, for the time six months to six years.

Article 193.

In the convictions for crimes against sexual freedom, in addition to the statement corresponding to the civil liability, they shall be made, where appropriate, those that proceed in order to the filiation and fixation of food.

Article 194.

In the cases listed in Chapters IV and V of this Title, where the conduct of the acts is used in establishments or premises, whether open or not open to the public, the closing sentence may be imposed. temporary or permanent. The temporary closure, which may not exceed five years, may also be taken as a precautionary measure.

TITLE IX

From the omission of the duty of relief

Article 195.

1. The person who does not rescue a person who is helpless and in manifest and serious danger, when he or she can do so without risk of his own or third parties, shall be punished with the penalty of fine of three to twelve months.

2. At the same time, it will be the case that, prevented from providing relief, does not immediately demand foreign aid.

3. If the victim is accidentally caused by an accident that caused the aid, the sentence will be from six months to one year and a fine of six to twelve months, and if the accident should be imprudent, the prison sentence of six months to two years and a fine of six to twenty-four months.

Article 196.

The professional who, being obliged to do so, will refuse health care or leave the health services, when the refusal or abandonment is derived serious risk to the health of the people, will be punished with the the preceding article in its upper half and with that of special disablement for employment or public office, occupation or office, for a period of six months to three years.

TITLE X

Crimes against intimacy, the right to the image itself and the inviolability of the home address

CHAPTER I

The discovery and disclosure of secrets

Article 197.

1. The one who, in order to discover the secrets or to violate the privacy of another, without their consent, takes over their papers, letters, emails or any other documents or personal effects or intercepts their telecommunications or use technical devices for listening, transmitting, recording or reproducing the sound or image, or any other communication signal, will be punished with prison sentences of one to four years and fine of twelve to twenty-four months. 2. The same penalties shall be imposed on the person who, without being authorised, takes over, uses or modifies, to the detriment of the third party, data reserved for the personal or family character of another that is recorded in electronic files or media, electronic or telematic, or in any other type of file or public or private registry. Equal penalties shall be imposed on those who, without being authorised, access by any means to them and to whom they alter or use to the detriment of the holder of the data or of a third party.

3. The prison term of two to five years shall be imposed if the data or facts discovered or the images captured to which the earlier numbers relate are disseminated, disclosed or transferred to third parties.

He will be punished with prison sentences of one to three years and fine of twelve to twenty-four months, which, with knowledge of his illicit origin and without having taken part in his discovery, will carry out the conduct described in the paragraph previous.

4. If the facts described in paragraphs 1 and 2 of this Article are carried out by the persons responsible for or responsible for the files, computer media, electronic or telematic files, files or records, the prison sentence of three shall be imposed. five years, and if they are broadcast, give in or reveal the data reserved, the penalty will be imposed in its top half.

5. Similarly, where the facts described in the above paragraphs affect personal data revealing the ideology, religion, belief, health, racial origin or sexual life, or the victim is a minor or an incapable, the facts shall be Penalties provided for in the upper half.

6. If the facts are made for a profit, the penalties provided for in paragraphs 1 to 4 of this Article shall be imposed in the upper half of the year. If they also affect data referred to in paragraph 5, the penalty to be imposed shall be that of imprisonment of four to seven years.

Item 198.

The public authority or official who, outside of the cases permitted by the Law, without mediating legal cause for crime, and prevaliant himself from his position, will carry out any of the behaviors described in the previous article, will be punished with the penalties respectively provided for in the same, in its upper half and, in addition, with the absolute disablement for time from six to twelve years.

Item 199.

1. The one who will reveal other secrets, of which he is aware by reason of his trade or his labor relations, will be punished with the imprisonment of one to three years and fine of six to twelve months.

2. The professional who, with non-compliance with his or her obligation of secrecy or reservation, divulges the secrets of another person, will be punished with the imprisonment of one to four years, fine of twelve to twenty-four months and special disablement for that profession for two to six years.

Article 200.

The provisions of this Chapter shall be applicable to the one that you will discover, disclose or give in the reserved data of legal persons, without the consent of their representatives, except as provided in other precepts of this Code.

Item 201.

1. To proceed with the offences foreseen in this chapter will be necessary denunciation of the person aggrieved or his legal representative. When that person is a minor, unable or an invalid person, he/she may also report the Fiscal Ministry.

2. The complaint required in the previous paragraph shall not be required to proceed with the facts described in Article 198 of this Code, nor when the commission of the offence affects the general interests or a plurality of persons.

3. The pardon of the offended or his legal representative, if any, extinguishes the criminal action or the penalty imposed, without prejudice to the provisions of the second paragraph of Article 130

CHAPTER II

Of the trespass, domicile of legal persons and establishments open to the public

Article 202.

1. The particular person who, uninhabited by her, will enter into an alien dwelling or remain in the same against the will of his morador, shall be punished with the imprisonment of six months to two years.

2. If the fact is executed with violence or intimidation the penalty will be of one to four years imprisonment and fine of six to twelve months.

Article 203.

1. He shall be punished with imprisonment of six months to one year and fine of six to ten months for which he shall enter against the will of his holder at the address of a public or private legal person, professional office or office, or in establishment commercial or local open to the public outside of the opening hours.

2. It shall be punishable by imprisonment from six months to three years, which shall, with violence or intimidation, enter or be held against the will of its holder at the address of a public or private legal person, professional office or office, or commercial or local establishment open to the public.

Article 204.

The public authority or official who, outside of the cases permitted by the Law and without the mediation of legal cause, committed any of the facts described in the two previous articles, will be punished with the expected penalty respectively in the same, in their upper half, and absolute disablement from six to twelve years.

TITLE XI

Crimes Against Honor

CHAPTER I

From slander

Article 205.

It is slander to impute a crime made with knowledge of its falsehood or reckless disregard for the truth.

Article 206.

Smears will be punished with prison sentences of six months to two years or fine of six to twenty-four months, if they are spread with publicity, and, in another case, with a fine of four to ten months.

Article 207.

The defendant for the crime of slander will be exempt from all punishment by proving the criminal act that he has charged.

CHAPTER II

From the Indent

Article 208.

It is injury to the action or expression that damages the dignity of another person, impairing their fame or attacking their own estimation.

It will only be a criminal offence for the offence which, by its nature, effects and circumstances, are to be taken into account in the public concept for serious reasons.

The unjuries that consist of the imputation of facts shall not be considered serious, except when they have been carried out with knowledge of their falsehood or reckless disregard for the truth.

Article 209.

Serious injuries made with publicity will be punishable by a fine of six to fourteen months and, in another case, three to seven months.

Article 210.

The defendant of injury will be exempt from liability by proving the truth of the charges when they are directed against public officials on facts concerning the exercise of their posts or referred to the criminal offences or administrative offences.

CHAPTER III

General provisions

Article 211.

Slander and injury shall be deemed to be made with publicity when they are propagated through printing, broadcasting or any other means of such efficacy.

Article 212.

In the cases referred to in the previous article, the natural or legal person who owns the information media through which the slander or injury has spread shall be responsible for civil liability.

Article 213.

If the slander or insult is committed by price, reward or promise, the Courts shall impose, in addition to the penalties specified for the offences in question, the special disablement provided for in Articles 42 or 45 of this Code, for a period of six months to two years.

Article 214.

If the defendant of slander or injury recognizes to the judicial authority the falsehood or lack of certainty of the imputations and will recant from them, the Judge or Tribunal shall impose the penalty immediately lower in grade and may leave to impose the disablement penalty that the previous article sets.

The judge or tribunal before whom the recognition is produced shall order that the person who has been brought back to the offence be given evidence of retraction and, if he so requests, order his publication in the same medium in which the slander or insult was poured, in the same or similar space as the one in which its dissemination occurred and within the time limit specified by the Judge or Court of Sentencing.

Article 215.

1. No one shall be punished for slander or injury but under the complaint of the person offended by the offence or his legal representative. The complaint shall be sufficient when the offence is directed against the public official, the authority or the agent of the offence relating to the exercise of his or her duties.

2. No one may deduct action of slander or insult on trial without prior authorisation from the Judge or Tribunal which he or she has known.

3. The guilty of slander or injury shall be exempt from criminal liability by the pardon of the person offended by the offence or by his legal representative, without prejudice to the second paragraph of Article 130 of this Article. Code.

Article 216.

In the offences of slander or injury it is considered that the repair of the damage also includes the publication or disclosure of the sentence, at the expense of the convicted of such crimes, in the time and form that the Judge or Court consider more appropriate to that end, heard the two parties.

TITLE XII

Crimes against family relationships

CHAPTER I

Of illegal marriages

Article 217.

The one who will contract second or subsequent marriage, knowing that the former will legally exist, will be punished with the prison term of six months to one year.

Article 218.

1. The one who, to harm the other contrayente, will celebrate invalid marriage will be punished with the prison term of six months to two years.

2. The person responsible shall be exempt from penalty if the marriage is subsequently validated.

Article 219.

1. The one who will authorize marriage in which there is a cause of invalidity known or denounced in the file, will be punished with the imprisonment of six months to two years and special disablement for employment or public office from two to six years.

2. If the cause of invalidity is dispensable, the penalty shall be suspended for employment or public office from six months to two years.

CHAPTER II

From the assumption of birth and the alteration of the child's paternity, status, or condition

Article 220.

1. The assumption of a delivery will be punished with prison sentences of six months to two years.

2. The same penalty will be imposed on the one who will hide or give to third parties a child to alter or modify their parentage.

3. The replacement of one child by another will be punishable by one to five years ' imprisonment.

4. The ascendants, by nature or by adoption, who committed the facts described in the preceding three paragraphs may also be punished with the penalty of special disablement for the exercise of the right of parental rights which they have on the presumed, hidden, surrendered or replaced son or descendant, and, where appropriate, the rest of children or descendants for four to ten years.

5. The substitutions of a child by another child in healthcare or social health facilities due to the serious recklessness of the persons responsible for their identification and custody shall be punishable by imprisonment from six months to one year.

Article 221.

1. Those who, by means of economic compensation, give to another person a child, a descendant or any minor even though there is no relation of parentage or parentage, avoiding the legal procedures of the guardian, acceptance or adoption, with the aim to establish a relationship analogous to that of affiliation, shall be punishable by imprisonment of one to five years and of special disablement for the exercise of the right of homeland authority for four to ten years.

2. With the same penalty the person who receives it and the intermediary will be punished, even if the child's delivery had been effected in a foreign country.

3. If the facts are committed using nurseries, schools or other premises or establishments where children are collected, the guilty penalty shall be imposed on the guilty parties for the exercise of those activities for a period of two to six years. years and the temporary or final closure of the establishments may be agreed. In the temporary closure, the period may not exceed five years.

Article 222.

The educator, optional, authority or public official who, in the exercise of his profession or position, conducts the conduct described in the two previous articles, will incur the penalty in them and, in addition, special disablement for employment or public office, profession or trade, from two to six years.

For the purposes of this article, the term optional includes physicians, midwives, nursing staff, and any other person performing a health or social-health activity.

CHAPTER III

Of crimes against family rights and duties

SECTION 1 OF THE BREACH OF CUSTODY DUTIES AND THE INDUCTION OF MINORS AT HOME LEAVING

Article 223.

The one who, taking into account the custody of a minor or an incapable, will not present him to his parents or guarders without justification for it, when he is required by them, will be punished with the imprisonment of six months to two years, without prejudice to the fact that the facts constitute another more serious offence.

Article 224.

The one that will reduce a minor or an inability to leave the family home, or place where he resides with the consent of his parents, guardians or guarders, will be punished with the imprisonment of six months to two years.

Article 225.

When the person responsible for the offences provided for in this Section restituts the minor or the incapable of his or her domicile or residence, or deposits him in a known and safe place, without having made him object of vexations, sevices or act If any, or have endangered his life, health, physical integrity or sexual freedom, the fact shall be punishable by imprisonment of six months to one year or fine of four to eight months, provided the place of stay of the minor or the incapable has been communicated to his parents, guardians or guarders, or the absence would not have been superior to twenty-four hours.

SECTION 2. FAMILY ABANDONMENT, MINOR OR UNABLE

Article 226.

1. The person who will cease to fulfill the legal duties of assistance inherent in the fatherland authority, guardianship, guardian or family reception or to provide the necessary assistance legally established for the sustenance of his descendants, ascendants or spouse, who are in need, will be punished with the arrest penalty of eight to twenty weekends.

2. The Judge or the Court may, on the grounds of the case, impose a special penalty for the exercise of the right of parental rights, guardianship, guardian or family accommodation for four to ten years.

Article 227.

1. I shall cease to pay for two consecutive months or four consecutive months any kind of economic benefit in favour of his spouse or his children, established in a judicially approved convention or judicial decision, in the cases of legal separation, divorce, marriage declaration of nullity, filiation process, or food process in favor of their children, will be punished with the penalty of arrest of eight to twenty weekends.

2. The same penalty shall be punishable by the fact that I shall cease to pay any other economic benefit established jointly or only in the cases provided for in the preceding paragraph.

3. Repair of the damage resulting from the offence shall always involve the payment of the amounts due.

Article 228.

The offences provided for in the previous two articles will only be pursued upon the complaint of the person who has been wronged or his legal representative. When that person is a minor, unable or an invalid person, he/she may also report the Fiscal Ministry.

Item 229.

1. The abandonment of a minor or an inability by the person in charge of his or her guardian shall be punishable by imprisonment of one to two years.

2. If the abandonment is carried out by the parents, guardians or legal keepers, the prison sentence of eighteen months to three years shall be imposed.

3. The sentence of imprisonment of two to four years shall be imposed where the circumstances of the abandonment have put in particular danger the life, health, physical integrity or sexual freedom of the child or of the child, without prejudice to the fact that corresponds if it constitutes another more serious crime.

Article 230.

The temporary abandonment of a minor or an incapable person shall be punished, in their respective cases, with the lower penalties to those provided for in the previous article.

Article 231.

1. The person who, having in his capacity the upbringing or education of a minor or of an incapable, will deliver him to a third party or a public establishment without the consent of who has entrusted him, or of the authority, in his defect, will be punished with the penalty of a fine of six to twelve months.

2. If the life, health, physical integrity or sexual freedom of the child or of the incapable of delivery has been put in particular danger, the sentence of imprisonment of six months to two years shall be imposed.

Article 232.

1. Those who use or lend to minors or who are unable to practice begging, even if they are undercover, will be punished with the prison term of six months to one year.

2. If, for the purposes of the previous paragraph, they are trafficked with minors or incapable, violence or intimidation will be used, or they will be supplied with harmful substances for their health, the prison term of one to four years shall be imposed.

Article 233.

1. The Judge or the Court, if it considers it appropriate in the light of the circumstances of the child, may impose on the persons responsible for the offences referred to in Articles 229 to 232 the penalty of special disablement for the exercise of the right of the rights of guardianship, guardianship, curatela or family accommodation for four to ten years.

2. If the guilty party holds the child's guardian for his/her status as a public servant, he shall be further charged with a special disqualification for employment or public office for two to six years.

3. In any event, the Prosecutor's Office shall request from the competent authority the appropriate measures for the proper custody and protection of the child.

TITLE XIII

Crimes Against Heritage And Against Socioeconomic Order

CHAPTER I

Of The Hurts

Article 234.

The one who, with a profit motive, will take the things furniture outside without the will of his owner, will be punished, as an inmate of theft, with the prison sentence of six to eighteen months, if the amount of the subtracted exceeds fifty thousand pesetas.

Article 235.

The theft will be punished with the prison term of one to three years:

1. When things are subtracted from artistic, historical, cultural or scientific value.

2. In the case of things of first need or intended for a public service, provided that the subtraction causes a serious breach of the latter, or a situation of supply.

3. When a particular journal is serious, taking into account the value of the effects it has taken, or any special consideration is given.

4. When you place the victim or your family in a serious economic situation or have been misusing the victim's personal circumstances.

Article 236.

It shall be punishable by a fine of three to twelve months, which, being the owner of a piece of furniture or acting with the consent of the latter, shall be liable to the person who legitimately has it in his possession, to the detriment of himself or of a third party, the value of that will exceed fifty thousand pesetas.

CHAPTER II

From Steals

Item 237.

It is the crime of theft that, with a profit motive, will take over the things that are foreign furniture using force in things to access the place where they are found or violence or intimidation in people.

Article 238.

It is the crime of theft with force in things to execute the event when one of the following circumstances is present:

1. Escalation.

2. Wall, ceiling or floor break, or door or window fracture.

3. º Fracture of closets, coffers or other types of furniture or closed or sealed objects, or the forcing of their locks or the discovery of their keys to subtract their contents, either at the place of theft or outside of the theft.

4. The use of false keys.

5. Inuse of specific alarm or save systems.

Article 239.

False keys will be considered:

1. ° The hooks or other similar instruments.

2. The legitimate keys lost by the owner or obtained by a means that constitutes a criminal offence.

3. No. Other than those intended by the owner to open the lock violated by the inmate.

For the purposes of this Article, cards, magnetic or perforated, and remote opening controls or instruments are considered keys.

Item 240.

The guilty of theft with force in things will be punished with the imprisonment of one to three years.

Article 241.

1. The imprisonment of two to five years shall be imposed when one of the circumstances provided for in Article 235 is present, or the theft is committed at home, inhabited, building or local, open to the public or any of its premises.

2. It is considered a house inhabited every hostel that constitutes the dwelling place of one or more persons, even if they are accidentally absent from it when the theft takes place.

3. They are considered to be units of house inhabited or of building or local open to the public, their yards, garages and other departments or sites fenced and contiguous to the building and in internal communication with it, and with which they form a physical unit.

Article 242.

1. The guilty of theft with violence or intimidation in persons shall be punished with the imprisonment of two to five years, without prejudice to the one that may correspond to the acts of physical violence that he performed.

2. The penalty will be imposed in its superior half when the offender makes use of the weapons or other equally dangerous means that I will carry, either by committing the crime or to protect the flight and when the inmate will attack those who come to the aid of the the victim or the victims.

3. In the interest of the smallest entity of violence or intimidation exercised and further appending the other circumstances of the event, the lower penalty may be imposed in grade to that provided for in the first paragraph of this article.

CHAPTER III

Extortion

Article 243.

The one who, for profit, will force another, with violence or intimidation, to carry out or omit an act or legal business to the detriment of his or her patrimony or of a third party, will be punished with the prison sentence of one to five years, without prejudice to those which may be imposed by the acts of physical violence performed.

CHAPTER IV

From theft and theft of vehicle use

Article 244.

1. The person who is driving a motor vehicle or a non-motor vehicle, whose value exceeds 50 000 pesetas, without the intention of appropriating it, shall be punishable by the arrest of 12 to 24 weekends or a fine of three to eight months if restituyere, directly or indirectly, within a period of not more than forty-eight hours, without in any case the penalty imposed may be equal to or greater than that which it would correspond to if the vehicle was definitively appropriated.

2. If the fact is executed using force on things, the penalty will be applied in its top half.

3. If the refund is not made within the prescribed period, the act shall be punished as theft or theft in their respective cases.

4. If the event is committed with violence or intimidation in persons, the penalties of Article 242 shall in any case be imposed.

CHAPTER V

From usurpation

Article 245.

1. A fine of six to eighteen shall be imposed on the person who, with violence or intimidation on persons, shall occupy a property or usurp a real property right of belonging to another person, shall, in addition to the penalties in which he incurs for the violence months, which shall be fixed taking into account the utility obtained and the damage caused.

2. The one who will occupy, without proper authorization, a property, dwelling or non-dwelling building that does not constitute a dwelling place, or be held against the will of its owner, will be punished with the penalty of fine of three to six months.

Article 246.

The one that will alter terms or lines of peoples or herages or any kind of signs or mojones intended to fix the limits of properties or demarcations of contiguous premises, both in public and private domain, will be punished with the penalty of fine of three to eighteen months, if the reported or intended utility exceeds fifty thousand pesetas.

Article 247.

The one that, without being authorized, will distract the course of the waters of public or private use for own benefit or of a third party, will be punished with the penalty of fine of three to six months if the reported utility will exceed fifty mil pesetas.

CHAPTER VI

From the Fraudsters

SECTION 1 OF THE SCAMS

Article 248.

1. They commit fraud which, with a profit motive, is used to mislead enough to produce error in another, inducing them to make an act of disposition to their own or other detriment.

2. It is also considered to be a scam inmate who, with a profit motive, and using any computer manipulation or similar artifice the non-consensual transfer of any assets.

estate to the detriment of third party.

Article 249.

The prisoners of fraud will be punished with the prison sentence of six months to four years, if the amount of the defrauded will exceed fifty thousand pesetas. For the purposes of fixing the penalty, account shall be taken of the amount of the defraud, the economic breakdown caused to the injured party, the relations between the latter and the fraudster, the means employed by the latter and the other circumstances in which the severity of the violation.

Item 250.

1. The crime of fraud will be punishable by imprisonment of one to six years and fine of six to twelve months, when:

1. Recaign on things of first need, housing or other goods of recognized social utility.

2. Be conducted with simulation of litigation or employment of other procedural fraud.

3. º Be done by check, pagare, blank change letter, or fictitious currency business.

4. º. It is perpetrated by abusing another's signature, or by subtracting, concealing or inusing, in whole or in part, any process, file, protocol or public or official document of any kind.

5. Recaiga on goods that integrate artistic, historical, cultural or scientific heritage.

6. Special Journal of gravity, taking into account the value of the defraud, the entity of the injury and the economic situation in which it leaves the victim or his family.

7. The abuse of existing personal relationships between victim and fraudster is committed, or take advantage of their business or professional credibility.

2. If circumstances 6. th or 7. th with the 1st of the previous number are present, prison sentences of four to eight years and fine of twelve to twenty-four months shall be imposed.

Article 251.

He will be punished with the prison term of one to four years:

1. Who, by falsely claiming to be a movable or immovable property of which he is not, either for not having never had it, or for having already exercised it, shall, for the purposes of this provision, be taxed or leased to another. or third party.

2. The one that disputes a piece of furniture or property concealing the existence of any burden on it, or the one that, having alienated it as free, will be taxed or will be again before the definitive transmission to the acquiring, to the detriment of the acquirer, or a third party.

3. The one to grant to the detriment of another simulated contract.

SECTION 2 OF MISAPPROPRIATION

Article 252.

They shall be punished with the penalties of Article 249 or 250, where appropriate, those who, to the detriment of another, shall appropriate or distract money, effects, securities or any other movable or active assets they have received in deposit, Commission or administration, or any other title which produces or returns them, or refuses to have received them, where the amount of the appropriate amount exceeds fifty thousand pesetas. Such penalty shall be imposed in its upper half in the case of a necessary or miserable deposit.

Article 253.

They will be punished with the penalty of fine of three to six months, which, with a profit motive, will appropriate a loss or an unknown owner, provided that in both cases the value of the appropriate amount exceeds fifty thousand pesetas. If it were things of artistic, historical, cultural or scientific value, the penalty will be from six months to two years.

Article 254.

It shall be punishable by a fine of three to six months which, having received undue error, by mistake of the transmitte, money or some other piece of furniture, to refuse to have received it or, checked the error, does not proceed to its return, provided that the amount of the received exceeds fifty thousand pesetas.

SECTION 3 OF ELECTRICAL AND ANALOG FLUID DEFRAUDS

Article 255.

It shall be punishable by a fine of three to twelve months to defraud by a value of more than fifty thousand pesetas, using electric power, gas, water, telecommunications or other element, energy or other fluid, by any of the following means:

1. The Valiation of mechanisms installed to perform the defraudation.

2. Maliciously Altering the counters or counters.

3. Employing any other clandestine means.

Article 256.

The one that makes use of any terminal equipment of telecommunication, without the consent of its holder, causing to this a damage exceeding fifty thousand pesetas, will be punished with the penalty of fine of three to twelve months.

CHAPTER VII

From Punable Insolvencies

Article 257.

1. He will be punished with prison sentences of one to four years and fine of twelve to twenty-four months:

1. º which is raised with its assets to the detriment of its creditors.

2. Who for the same purpose, make any act of disposition of assets or generator of obligations that dilate, hinder or impede the effectiveness of an embargo or an executive procedure or of a prize, judicial, extra-judicial or administrative, started, or predictable initiation.

2. The provisions of this Article shall apply whatever the nature or origin of the obligation or debt the satisfaction or payment of which is sought to circumvent, including the economic rights of workers, and irrespective of whether the creditor is a private or any legal person, public or private.

3. This crime will be pursued even if after its commission an insolvency execution will be initiated.

Article 258.

The person responsible for any criminal act that, after his commission, and in order to avoid the fulfilment of the civil responsibilities of the same, will carry out acts of disposition or contract obligations that diminish his or her estate, becoming wholly or partially insolvent, will be punished with the imprisonment of one to four years and a fine of twelve to twenty-four months.

Article 259.

He will be punished with prison sentences of one to four years and fine of twelve to twenty-four months, the debtor who once admitted to processing the application for bankruptcy, contest or suspension of payments, without being authorized to do so (a) judicially or by means of the law, and outside the cases permitted by the law, make any act of a patrimonial disposition or a generator of obligations, intended to pay one or more creditors, whether or not preferential, with the remainder.

Article 260.

1. He who is declared bankrupt, tender or suspension of payments shall be punished with prison sentences of two to six years and fine of eight to twenty-four months, when the situation of economic crisis or insolvency is caused or aggravated. by the debtor or person acting on his behalf.

2. It shall be taken into account in order to graduate the amount of the injury inferred to the creditors, their number and economic condition.

3. This offence and the individual offences relating to him, committed by the debtor or person acting on his behalf, may be pursued without waiting for the conclusion of the civil proceedings and without prejudice to the continuation of the civil proceedings. The amount of civil liability arising from such offences shall, where appropriate, be incorporated into the mass.

4. In no case, the classification of insolvency in the civil process is linked to criminal jurisdiction.

Article 261.

Which in bankruptcy proceedings, contest or payment suspension file will, knowingly, present false data relating to the accounting state, in order to unduly achieve the declaration of those, will be punished with the prison term of one to two years and fine of six to twelve months.

CHAPTER VIII

From altering pricing in public tenders and auctions

Article 262.

Those who request handouts or promises not to take part in a contest or public auction; those who try to keep them away from the bidders by means of threats, handouts, promises or any other artifice; those that will be If, in order to alter the price of the auction, or those that fraudulently fail or abandon the auction having obtained the award, they will be punished with the imprisonment of one to three years and fine of twelve to twenty-four months, as well as Special disablement to bid for court auctions between three and five years. If it is a contest or auction called by the public authorities or public authorities, the agent and the person or undertaking shall be subject to the penalty of special disablement, which shall in any event include the right to contract with the Public Administrations for a period of three to five years.

CHAPTER IX

Of The Damage

Article 263.

The person who will cause damages in foreign property not included in other Titles of this Code, will be punished with the penalty of fine of six to twenty-four months, attended to the economic condition of the victim and the amount of the damage, if this exceeded fifty thousand pesetas.

Article 264.

1. It shall be punishable by imprisonment of one to three years and a fine of twelve to twenty-four months which shall cause damages expressed in the previous article, if any of the following cases are present:

1. To be carried out in order to prevent the free exercise of the authority or in revenge of its determinations, or to commit the crime against public officials, or against individuals who, as witnesses or in any other way, they have contributed or may contribute to the implementation or application of the General Laws or provisions.

2. º That is caused by any means infection or contagion of livestock.

3. No poisonous or corrosive substances are used.

4. º That affect domain or public or communal property.

5. º that ruin the injured person or be placed in serious economic situation.

2. The same penalty shall be imposed on the person who, by any means, destroys, alters, inuses or otherwise damages the data, programs or other electronic documents contained in networks, media or computer systems.

Article 265.

The one that destroys, will damage in a serious way, or will not use for the service, even temporarily, works, establishments or military installations, warships, military aircraft, means of transport or military transmission, war material, supplies or other means or resources affected to the service of the Armed Forces or of the Forces and Security Corps, will be punished with the imprisonment of two to four years if the damage caused exceed fifty thousand pesetas.

Article 266.

It will be punishable by imprisonment of four to eight years to commit the facts described in the previous article, by fire or any other means capable of causing serious damage or endangering life or integrity of people.

Item 267.

The damages caused by serious recklessness in excess of ten million pesetas, will be punished with the penalty of fine of three to nine months, taking into account the importance of the same.

The violations referred to in this article shall only be pursued upon the complaint of the person concerned or his legal representative. The Prosecutor's Office may also report when the latter is a minor, incapable or an invalid person.

In such cases, the pardon of the aggrieved person or his legal representative shall terminate the penalty or the criminal action, without prejudice to the provisions of the second paragraph of Article 130 of this Code.

CHAPTER X

Provisions common to previous chapters

Article 268.

1. Spouses who are not legally separated or in fact or in the judicial process of separation, divorce or invalidity of their marriage and the ascendants, descendants and siblings are exempt from criminal liability and are subject to civil liability only. by nature or by adoption, as well as the like in the first degree, if they lived together, for the property offences which are caused by each other, provided that violence or intimidation does not occur.

2. This provision is not applicable to strangers who participate in the offence.

Article 269.

The provocation, conspiracy and proposition to commit the crimes of theft, extortion, fraud or misappropriation, will be punished with a penalty of less than one or two degrees to that of the corresponding offence.

CHAPTER XI

Of crimes relating to intellectual and industrial property, the market and consumers

SECTION 1 OF CRIMES RELATING TO INTELLECTUAL PROPERTY

Article 270.

It shall be punishable by imprisonment of six months to two years or a fine of six to twenty-four months who, for profit and to the detriment of third parties, reproduce, plagiarize, distribute or communicate publicly, in whole or in part, a literary, artistic or scientific work, or its transformation, interpretation or artistic performance, fixed in any form of support or communicated through any means, without the authorization of the holders of the corresponding rights of intellectual property or its transferee.

The same penalty shall be imposed on those who intentionally import, export or store copies of such works or productions or executions without such authorization.

It will also be punished with the same penalty for the manufacture, entry into circulation and possession of any means specifically intended to facilitate the unauthorized deletion or the neutralization of any technical device that is used to protect computer programs.

Article 271.

The prison term of one year to four years, fine of eight to twenty-four months, and special disablement for the exercise of the profession related to the offence shall be imposed for a period of two to five years, when concur any of the following circumstances:

(a) That the profit obtained is of particular economic significance.

b) That the damage caused special journal severity.

In such cases, the Judge or Court may also decree the temporary or definitive closure of the industry or establishment of the sentenced person. The temporary closure shall not exceed five years.

Article 272.

1. The extent of the civil liability arising from the offences established in the two preceding articles shall be governed by the provisions of the Law on Intellectual Property relating to the cessation of illicit activity and compensation for damages and damages.

2. In the case of a conviction, the Judge or Court may order the publication of the judgment, at the expense of the offender, in an official journal.

SECTION 2 OF OFFENCES RELATING TO INDUSTRIAL PROPERTY

Article 273.

1. He shall be punishable by imprisonment of six months to two years and a fine of six to twenty-four months for which, for industrial or commercial purposes, without the consent of the holder of a patent or utility model and with knowledge of his registration, manufacture, import, own, use, offer or enter into trade objects covered by such rights.

2. The same penalties shall be imposed on the person who, in the same way, and for those purposes, uses or offers the use of a procedure which is the subject of a patent, or possesses, offers, places on trade, or uses the product directly obtained by the patented procedure.

3. It shall be punishable by the same penalties to carry out any of the acts listed in the first paragraph of this article, with the same circumstances in relation to objects covered in favour of third by a model or industrial design or artistic or topography of a semiconductor product.

Article 274.

1. It shall be punishable by six months to two years imprisonment and fine of six to 24 months for industrial or commercial purposes, without the consent of the holder of an industrial property right registered under the law of marks, and with knowledge of the register, reproduce, imitate, modify or otherwise use a distinctive sign identical or confused with that, in order to distinguish the same or similar products, services, activities or establishments for which the industrial property right is registered.

2. The same penalties shall be imposed on the person who knowingly owns or places on trade, goods or services with distinctive signs which, in accordance with paragraph 1 of this Article, constitute an infringement of exclusive rights. of the holder of the same, even in the case of products imported from abroad.

Article 275.

The same penalties provided for in the previous Article shall be imposed on those who intentionally and without being authorised to do so use in economic traffic a designation of origin or a representative geographical indication of a legally protected quality to distinguish products covered by them, with knowledge of this protection.

Article 276.

1. The sentence of imprisonment of two to four years, fine of eight to twenty-four months, and special disablement for the exercise of the profession related to the offence committed, shall be imposed for a period of two to five years, when the offences established in the previous articles are of particular gravity, taking into account the value of the objects produced illicitly or the particular importance of the damage caused.

2. In that case, the Judge may order the temporary or final closure of the industry or establishment of the sentenced person. The temporary closure shall not exceed five years.

Item 277.

He will be punished with prison sentences of six months to two years and a fine of six to twenty-four months, which intentionally has disclosed the invention subject to a secret patent application, in contravention of the provisions of the in patent law, provided that this is to the detriment of the national defence.

SECTION 3 OF CRIMES RELATING TO THE MARKET AND TO CONSUMERS

Article 278.

1. The person who, in order to discover a business secret, shall take over any means of data, written or electronic documents, computer media or other objects which refer to it, or use any of the means or instruments mentioned in the Article 197 (1), shall be punishable by imprisonment of two to four years and fine of twelve to twenty-four months.

2. The imprisonment of three to five years shall be imposed and a fine of twelve to twenty-four months shall be imposed if the uncovered secrets are disseminated or disclosed to third parties.

3. The provisions of this Article shall be without prejudice to any penalties which may correspond to the seizure or destruction of the computer media.

Article 279.

The dissemination, disclosure or transfer of a business secret carried out by those who have legal or contractually obligation to reserve, will be punished with the imprisonment of two to four years and fine of twelve to twenty-four years months.

If the secret will be used in its own advantage, the penalties will be imposed in its lower half.

Article 280.

The one who, with knowledge of his illicit origin, and without having taken part in his discovery, will carry out any of the behaviors described in the two previous articles, will be punished with the imprisonment of one to three years and fine from twelve to twenty-four months.

Article 281.

1. The fact that the market will bring raw materials or products of first necessity with the intention of dissupplying a sector of the same, of forcing an alteration of prices, or of seriously harming the consumers, will be punished with the penalty of imprisonment one to five years and a fine of twelve to twenty-four months.

2. The higher penalty will be imposed in grade if the event occurs in situations of severe need or catastrophic.

Article 282.

It shall be punishable by imprisonment of six months to one year or a fine of six to eighteen months for manufacturers or traders who, in their offers or advertising of products or services, make false or manifest claims (a) the provisions of Article 1 (1) of Regulation (EU) No No 1 of the European Parliament and of the Council of the European Parliament and of the Council of the European Parliament and of the Council

the European Parliament and of the Council

Item 283.

Prison sentences of six months to one year and a fine of six to eighteen months shall be imposed on those who, to the detriment of the consumer, invoice higher amounts for goods or services whose cost or price is measured by equipment automatic, by altering or manipulating them.

Article 284.

The prison sentence of six months to two years, or a fine of six to eighteen months, will be imposed on those who, by spreading false news, using violence, threat or deception, or using inside information, will try to alter the prices which would result from the free competition of goods, goods, securities, services or any other movable or immovable property which are the subject of procurement, without prejudice to the penalty which may be imposed by others crimes committed.

Article 285.

Who directly or by person will use any information relevant to the listing of any kind of securities or instruments traded on any organized, official or recognized market, to which it has had access reserved for the exercise of their professional or business activity, or shall supply it for themselves or for a third party with an economic benefit exceeding seventy-five million pesetas or causing injury to the same amount, will be punished with the prison term of one to four years and fine of both the triplet of the benefit obtained or favored.

Article 286.

The prison term of four to six years and a fine of twelve to twenty-four months shall be applied, where in the conduct described in the previous article there are any of the following circumstances:

1. That subjects are routinely engaged in such abusive practices.

2. That the benefit obtained is of significant importance.

3. A serious damage to general interests is caused.

SECTION 4. COMMON ITEMS COMMON TO PREVIOUS SECTIONS

Article 287.

1. The offences provided for in the preceding articles of this Chapter shall require the complaint of the person concerned or his legal representatives. When that person is a minor, unable or an invalid person, he/she may also report the Fiscal Ministry.

2. The complaint required in the previous paragraph shall not be required where the commission of the offence concerns the general interests or a plurality of persons.

Article 288.

In the cases provided for in the preceding articles, the publication of the judgment shall be made available in the official newspapers and, if the injured party so requests, the Judge or the Court may order his/her total or partial reproduction in any other information media, at the expense of the sentenced person.

In addition, the Judge or Court may, in the light of the circumstances of the case, take the measures provided for in Article 129 of this Code.

CHAPTER XII

From the subtraction of its own to its social or cultural utility

Article 289.

He who by any means destroys, will not use or will damage a thing of his own social or cultural utility, or in any way will provoke it to the fulfillment of the legal duties imposed in the interest of the community, will be punished with the arrest penalty of seven to twenty-four weekends or a fine of four to sixteen months.

CHAPTER XIII

Of Corporate Crimes

Article 290.

The administrators, in law or in fact, of a company incorporated or in formation, which shall distort the annual accounts or other documents which must reflect the legal or economic situation of the institution, in a suitable manner for cause an economic injury to it, to any of its partners, or to a third party, they will be punished with the imprisonment of one to three years and fine of six to twelve months.

If the economic injury is caused, the penalties will be imposed in the upper half.

Article 291.

Those who, prevalving their majority situation in the shareholders ' meeting or the management body of any company incorporated or in formation, charge abusive agreements, with their own or foreign profit, to the detriment of the of the other partners, and without having to report benefits to it, they will be punished with the imprisonment of six months to three years or fine of the same to the triplet of the profit obtained.

Item 292.

The same penalty of the previous article shall be imposed on those who are responsible for or shall take advantage of themselves or for a third party, to the detriment of the company or any of its members, of a lesivo agreement adopted by a fictitious majority, obtained by abuse of a blank signature, by improper attribution of the right of vote to those who are legally lacking, for the unlawful denial of the exercise of this right to those who have it recognized by the Law, or by any other means or procedure (a) similar, and without prejudice to the fact that it is appropriate to constitute such a crime.

Article 293.

The administrators of fact or of the law of any society constituted or in formation, which without legal cause will deny or prevent to a partner the exercise of the rights of information, participation in the management or control of the social activity, or preferential subscription of shares recognized by the Laws, will be punished with the penalty of fine of six to twelve months.

Article 294.

Those who, as administrators of fact or of the law of any society constituted or in formation, submitted or acting in markets subject to administrative supervision, deny or prevent the performance of the persons, organs or Inspection or supervisory bodies shall be punishable by imprisonment of six months to three years or a fine of 12 to 24 months.

In addition to the penalties provided for in the preceding paragraph, the judicial authority may decree some of the measures provided for in Article 129 of this Code.

Item 295.

The administrators of fact or law or the members of any society constituted or in formation, who in their own benefit or of a third party, with abuse of the functions own of their office, they have fraudulently obtained of the goods the company or its obligations under the company are directly causing an economically evaluable damage to its members, depositors, unit-holders or holders of the goods, securities or capital that they administer, will be punished with the penalty of imprisonment of six months to four years, or a fine of either the triplet of the benefit obtained.

Article 296.

1. The facts described in this Chapter shall be pursued only by denunciation of the person concerned or his legal representative. When that person is a minor, unable or an invalid person, he/she may also report the Fiscal Ministry.

2. The complaint required in the previous paragraph shall not be required where the commission of the offence concerns the general interests or a plurality of persons.

Article 297.

For the purposes of this chapter, any cooperative, Savings Bank, mutual, financial or credit institution, foundation, commercial company or any other entity of a similar nature is understood by company as its aims are permanently involved in the market.

CHAPTER XIV

From receptation and other like-minded behaviors

Item 298.

1. The fact that, with a profit motive and with knowledge of the commission of a crime against the patrimony or the socioeconomic order, in which he has not intervened neither as an author nor as an accomplice, helps those responsible to take advantage of the effects of the same, or receive, acquire or hide such effects, will be punished with the imprisonment of six months to two years.

2. This penalty shall be imposed in its superior half of the person who receives, acquires or hides the effects of the crime to traffic with them. If the traffic is carried out using a commercial or industrial establishment or premises, the penalty shall be imposed for a fine of 12 to 24 months. In such cases, the Judges or Courts, having regard to the seriousness of the fact and the personal circumstances of the offender, may also impose on him the penalty of special disablement for the pursuit of his profession or industry, by time of two to five years, and agree on the temporary or final closure measure of the establishment or premises. If the closure is temporary, its duration may not exceed five years.

3. In no case shall it be possible to impose a custodial sentence that exceeds that of the undercover offence. If he is punished by another nature, the custodial sentence shall be replaced by a penalty of six to twenty-four months, unless the offence is assigned a penalty equal to or less than that; in that case, the penalty shall be imposed on the guilty of that crime in its lower half.

Article 299.

1. The fact that, with a profit motive and with knowledge of the commission of facts constitutive of lack of property, will usually take advantage of or will help the guilty to benefit from the effects of the same, will be punished with the penalty of a fine of six to twelve months.

2. If the effects are received or acquired in order to deal with them, the penalty shall be imposed from eight to sixteen months and, if the facts are made locally open to the public, the temporary or final closure of the sentence may be agreed. In the temporary closure, the period may not exceed five years.

Article 300.

The provisions of this chapter will apply even if the author or the accomplice of the fact that the effects were made are irresponsible or are personally exempt.

Item 301.

1. The person who acquires, converts or transmits goods, knowing that they have their origin in a serious crime, or performing any other act to conceal or cover up their illicit origin, or to help the person who has participated in the offence or Infringements to avoid the legal consequences of their acts, will be punished with the imprisonment of six months to six years and fine of the tripling of the value of the goods.

The penalties will be imposed in their superior half when the goods have their origin in any of the crimes related to the trafficking of toxic drugs, narcotic drugs or psychotropic substances described in articles 368 to 372 of This Code.

2. Under the same penalties, the hiding or cover-up of the true nature, origin, location, destination, movement or rights of the goods or property of the same shall be punished, in the knowledge that they come from one of the offences referred to in the previous paragraph or an act of participation in them.

3. If the facts are carried out by serious recklessness, the sentence shall be six months to two years and a fine of both the triplet.

4. The guilty party shall be equally punished even if the offence of which the property came to be, or the acts punishable in the preceding paragraphs, have been committed, in whole or in part, abroad.

Article 302.

In the cases provided for in the previous article, the custodial sentences will be imposed in their upper half of the persons belonging to an organization dedicated to the purposes mentioned therein, and the higher penalty in the heads, administrators or managers of the organisations concerned.

In such cases, the Judges or Courts shall impose, in addition to the corresponding penalties, the special disablement of the inmate for the exercise of their profession or industry for three to six years, and may decree, as well, any of the following measures:

a) Dissolution of the organization or final closure of its premises or establishments open to the public.

b) Suspension of the activities of the organisation, or closure of its premises or establishments open to the public for a period not exceeding five years.

(c) Ban on the same to carry out those activities, business operations or businesses, in which the offence has been facilitated or covered up, for a period not exceeding five years.

Item 303.

If the facts provided for in the above articles are carried out by an employer, intermediary in the financial sector, optional, public official, social worker, teacher or educator, in the exercise of his or her duties, occupation or occupation, shall be imposed, in addition to the corresponding penalty, that of special disablement for employment or public office, profession or trade, industry or trade, from three to ten years. The penalty shall be imposed for an absolute disablement of ten to twenty years when the referred facts are carried out by the authority or agent of the same.

To this effect, it is understood that physicians, psychologists, persons in possession of health certificates, veterinarians, pharmacists and their dependents are optional.

Article 304.

The provocation, conspiracy and proposition to commit the offences provided for in Articles 301 to 303 shall be punishable, respectively, with the penalty of less than one or two degrees.

TITLE XIV

Of crimes against Public Finance and Social Security

Article 305.

1. The action or omission of fraud against the State Public Finance, regional, local or regional, circumventing the payment of taxes, amounts withheld or due to be withheld or income on account of remuneration in kind obtaining unduly returns or enjoying tax benefits in the same way, provided that the amount of the fee defrauded, the amount not entered in the withholding tax or income on account or the tax returns or benefits unduly obtained or enjoyed over fifteen million pesetas, will be punished with the prison sentence of one to four years and fine of the same amount of the said amount.

The penalties referred to in the preceding paragraph shall be applied in their superior half when the defraud is committed in any of the following circumstances:

a) The use of persons or persons in question in such a way as to conceal the identity of the true tax force.

(b) The special significance and gravity of the defraud in the light of the amount of the defrauded or the existence of an organizational structure that affects or may affect a plurality of tax obligations.

In addition to the penalties identified, the person responsible shall be liable for the loss of the possibility of obtaining grants or public aid and of the right to benefit from tax or social security benefits or incentives during a period of three to six years.

2. For the purposes of determining the amount referred to in the preceding paragraph, in the case of taxes, withholding taxes, income on account or refunds, newspapers or periodic declarations, the amount shall be deducted from each tax period or period of declaration, and if these are less than twelve months, the amount of the defrauded will be referred to the calendar year. In other cases, the amount shall be understood as referring to each of the different concepts for which a taxable event is liable to be settled.

3. The same penalties shall be imposed where the conduct described in the first paragraph of this Article is committed against the Finance of the Communities, provided that the amount of fraud exceeded ECU 50 000.

4. It shall be exempt from criminal liability to regulate its tax situation, in relation to the debts referred to in the first paragraph of this Article, before the tax authorities have notified it of the initiation of (a) the Court of Justice, the Court of Justice, the Court of Justice, the Court of Justice, the Court of Justice, the Court of Justice, the Court of Justice, the Court of Justice, the Court of Justice and the Court of Justice Procedural law of the autonomous, foral or local administration in question, interpose a complaint or complaint against that addressed, or when the Prosecutor's Office or the Judge of Instruction performs actions that allow him to have formal knowledge of the initiation of proceedings.

The exemption from criminal liability referred to in the preceding paragraph will also be subject to such a subject by possible accounting irregularities or other instrumental falsehoods which, exclusively in relation to the debt The tax system may have been subject to the regularisation of its tax situation.

Item 306.

The action or omission of fraud against the general budgets of the Communities or other administered by them, in amounts exceeding fifty thousand ECU, avoiding the payment of amounts to be entered, or giving to the funds obtained from an application other than that which they are intended for, it shall be punishable by imprisonment of one to four years and a fine of the same to the sixth of the said amount.

Item 307.

1. The fact that, by way of action or omission, social security fraud is to be avoided in order to avoid payment of the quotas of this and the concepts of joint collection, to obtain unduly refunds of the same or to enjoy deductions for any concept also The Court of the Court of State held that the Court of State held that the Court of State held that the Court of State held that the Court of State held that the Court of State held that the Court held that the Court of sextuplo of the said amount.

The penalties referred to in the preceding paragraph shall be applied in their upper half when the defraud is committed in one of the following circumstances:

(a) The use of persons or persons in question in such a way as to conceal the identity of the true person in the face of social security.

(b) The special significance and gravity of the fraud in the light of the amount of the defrauded or the existence of an organisational structure affecting or liable to affect a plurality of persons obliged to the security Social.

2. For the purposes of determining the amount referred to in the preceding paragraph, it shall be the case of any liquidation, refund or deduction, with reference to the calendar year of the amount of the defrauded when those amounts correspond to a period of less than twelve months.

3. It shall be exempt from criminal liability to regulate its situation with regard to social security, in relation to the debts referred to in the first paragraph of this Article, before it has been notified of the initiation of inspections. directed to the determination of such debts or, in the event that such action had not been taken, before the Prosecutor's Office or the Social Security Office filed a complaint or complaint against the person addressed.

The exemption from criminal liability referred to in the preceding paragraph will also be subject to such a subject by the possible instrumental falsehoods which, exclusively in relation to the debt subject to regularisation, the same may have committed prior to the regularisation of their situation.

Article 308.

1. Those who obtain a grant, relief or aid from public administrations of more than ten million pesetas by distorting the conditions required for their concession or by concealing those that would have prevented it, will be punished with the punishment of imprisonment. from one to four years and fine from the same to the sixfold of their amount.

2. The same penalties will be imposed on the fact that in the development of an activity supported by general government funds, the amount of which exceeds 10 million pesetas, the conditions laid down substantially alter the objectives for which the grant was granted.

3. In addition to the penalties identified, the person responsible shall be liable for loss of the possibility of obtaining grants or public aid and of the right to benefit from tax or social security benefits or incentives for a period of three to six years.

4. It shall be exempt from criminal liability in respect of grants, relief or aid referred to in the first and second paragraphs of this Article, which reintegrates the amounts received, increased in an annual interest equivalent to the legal interest of the money raised by two percentage points, from the moment it was received, before the initiation of inspection or control measures in relation to those subsidies has been notified to it, or, in the event that such action had not taken place, before the Ministry of State Prosecutor, the State Advocate or the representative of the regional or local authority concerned is seeking to challenge or complain against the addressee.

The exemption from criminal liability referred to in the preceding paragraph will also be subject to such a subject by the possible instrumental falsehoods which, exclusively in relation to the debt subject to regularisation, the same may have committed prior to the regularisation of their situation.

Article 309.

unduly obtaining funds from the general budgets of the Communities or others administered by them, in excess of ECU 50 000, by distorting the conditions required for their grant or by concealing those conditions which If they have been prevented, they shall be punished with the imprisonment of one to four years and a fine of the amount of the said amount.

Article 310.

It will be punished with the penalty of arrest of seven to fifteen weekends and fine of three to ten months that being obligated by Tax Law to carry merchant accounting, books or tax records:

(a) Absolutely not comply with this obligation under the direct estimate of tax bases.

b) Carry out different accounts that, referring to the same economic activity and exercise, hide or simulate the true situation of the company.

(c) You have not entered into the required books business, acts, operations or, in general, economic transactions, or you have recorded them with figures other than true.

(d) You have practised in the compulsory books fictitious accounting records.

The consideration as a crime of the factual assumptions, as referred to in (c) and (d) above, will require that the tax returns have been omitted or that the tax returns are reflected in their false accounting and that the amount, in more or less, of the charges or credits omitted or distorted exceeds, without arithmetic compensation between them, thirty million pesetas for each financial year.

TITLE XV

Of crimes against workers ' rights

Article 311.

They will be punished with prison sentences of six months to three years and fine of six to twelve months:

1. Those who, by means of deception or abuse of a situation of need, impose on the workers to their service conditions of employment or of social security that harm, suppress or restrict the rights that they have recognized by legal provisions, collective agreements or individual contracts.

2. The ones that in the case of the transmission of companies, with knowledge of the procedures described in the previous section, maintain those conditions imposed by another.

3. º If the conduct outlined in the previous paragraphs is carried out with violence or intimidation, the highest penalties shall be imposed.

Article 312.

1. They will be punished with prison sentences of six months to three years and fine of six to twelve months, those who illegally bring in labor.

2. In the same sentence, those who recruit persons or determine them to leave their job, offering employment or misleading or false working conditions, and those who employ foreign nationals without work permit under conditions that prejudice, delete or restrict rights that are recognised by legal provisions, collective agreements or individual contracts.

Article 313.

1. The one who promotes or favors the clandestine immigration of workers to Spain by any means will be punished with the penalty provided for in the previous article.

2. With the same penalty it will be punished that, simulating contract or placement, or using another similar deception, will determine or favor the emigration of some person to another country.

Article 314.

Those who produce serious discrimination in employment, public or private, against any person by reason of their ideology, religion or belief, their membership of an ethnicity, race or nation, their sex, sexual orientation, situation family, illness or disability, for having the legal or trade union representation of the workers, for the kinship with other workers of the company or for the use of one of the official languages within the Spanish State, and do not restore the State of equality before the Law after order or administrative sanction, repairing the damages They will be punished with the imprisonment of six months to two years or a fine of six to twelve months.

Article 315.

1. They shall be punishable by imprisonment of six months to three years and a fine of six to twelve months which, by way of deception or abuse of need, prevent or limit the exercise of trade union freedom or the right to strike.

2. If the conduct referred to in the previous paragraph is carried out with force, violence or intimidation, the maximum penalties shall be imposed.

3. The same penalties in the second paragraph shall be imposed on those who, acting as a group, or individually but in agreement with others, are coerced into initiating or continuing a strike.

Article 316.

Those who, in violation of the rules on the prevention of occupational risks and being legally obliged, do not provide the means necessary for the workers to carry out their activities with the measures of safety and hygiene In such a way that they endanger their life, health or physical integrity, they will be punished with prison sentences of six months to three years and a fine of six to twelve months.

Article 317.

When the offense referred to in the previous article is committed by gross recklessness, it shall be punishable by the lower penalty in grade.

Article 318.

When the facts provided for in the above articles are attributed to legal persons, the administrators or service managers who have been responsible for the same and those who, Knowing and being able to remedy them, they would not have taken measures to do so.

TITLE XVI

Of crimes relating to the planning of the territory and the protection of the historical and environmental heritage

CHAPTER I

Of crimes on land management

Article 319.

1. Prison sentences of six months to three years shall be imposed, a fine of 12 to 24 months and a special disqualification for a profession or office for a period of six months to three years, to the promoters, builders or technical directors who carry (a) an unauthorised construction on floors intended for road, green areas, public domain goods or places which have legal or administrative recognition of their landscape, ecological, artistic, historical or cultural value; or reasons have been considered as special protection.

2. The sentence of imprisonment of six months to two years shall be imposed, a fine of twelve to twenty-four months and a special disablement for a profession or office for a period of six months to three years, to the promoters, builders or technical directors who carry out an unapproved building on the undeveloped soil.

3. In any event, the Judges or Courts may, on the basis of the author of the fact, order the demolition of the work, without prejudice to the compensation due to third parties in good faith.

Article 320.

1. The public authority or civil servant who, in the knowledge of his or her injustice, has reported favorable construction projects or the granting of licenses contrary to the current urban norms will be punished with the penalty established in the article 404 of this Code and, in addition, with that of imprisonment of six months to two years or the fine of twelve to twenty-four months.

2. The same penalties shall be punishable by the authority or public official who by himself or as a member of a collegiate body has resolved or voted in favour of his concession in the knowledge of his or her injustice.

CHAPTER II

From crimes to historical heritage

Article 321.

Those who tear down or seriously alter buildings uniquely protected by their historical, artistic, cultural or monumental interest will be punished with prison sentences of six months to three years, fine of twelve to twenty-four months and, in any case, special disablement for a profession or trade for one to five years.

In any case, the Judges or Courts may, on the basis of the author of the fact, order the reconstruction or restoration of the work, without prejudice to the compensation due to third parties in good faith.

Article 322.

1. The public authority or civil servant who, in the knowledge of his or her injustice, has reported favorably projects to shoot down or alter singularly protected buildings will be punished in addition to the penalty set out in Article 404 of this Code. with the prison of six months to two years or the fine of twelve to twenty-four months.

2. The same penalties shall be punishable by the authority or public official who by himself or as a member of a collegiate body has resolved or voted in favour of his concession in the knowledge of his or her injustice.

Article 323.

It will be punished with the prison sentence of one to three years and fine of twelve to twenty-four months that causes damages in a file, record, museum, library, teaching center, scientific cabinet, analogous institution or in goods of value historical, artistic, scientific, cultural or monumental, as well as archaeological sites.

In this case, the Judges or Courts may order, in charge of the author of the damage, the adoption of measures aimed at restoring, as far as possible, the damaged property.

Article 324.

The one that for serious imprudence causes damages, in amounts exceeding fifty thousand pesetas, in a file, register, museum, library, teaching center, cabinet

scientist, analogous institution or in goods of artistic, historical, cultural, scientific or monumental value, as well as in archaeological sites, will be punished with the penalty of fine of three to eighteen months, attending to the importance of the same.

CHAPTER III

Of crimes against natural resources and the environment

Article 325.

He will be punished with prison sentences of six months to four years, fine of eight to twenty-four months and special disablement for a profession or trade for one to three years, which, in contravention of the Laws or other general provisions protecting the environment, causing or directly or indirectly causing emissions, discharges, radiation, extractions or excavations, landing, noise, vibration, injections or deposits, in the atmosphere, soil, subsoil, or land, sea or ground water, with effect, including, in cross-border areas, as well as water collection which may seriously damage the balance of natural systems. If the risk of serious harm is to the health of the persons, the prison sentence shall be imposed in its upper half.

Article 326.

The higher penalty shall be imposed in a degree, without prejudice to those that may correspond to other precepts of this Code, when in the commission of any of the facts described in the previous article there are any the following circumstances:

(a) That the industry or activity is operating clandestinely, without having obtained the necessary authorization or administrative approval of its facilities.

b) That the express orders of the administrative authority for the correction or suspension of the activities typified in the previous article have been disobeyed.

c) That information about the environmental aspects of it has been distorted or hidden.

d) That the administrative activity of the Administration has been hindered.

e) That there has been a risk of irreversible or catastrophic deterioration.

f) An illegal extraction of water in period of restrictions.

Article 327.

In all cases provided for in the previous two Articles, the Judge or Court may agree on any of the measures provided for in Article 129 (a) or (e) of this Code.

Article 328.

They will be punished with the penalty of fine of eighteen to twenty-four months and arrested from eighteen to twenty-four weekends who establish deposits or dumps of solid or liquid wastes or wastes that are toxic or dangerous and can seriously damage the balance of natural systems or people's health.

Article 329.

1. The public authority or official who, in the knowledge, has been favourably informed of the granting of manifestly illegal licences which permit the operation of the polluting industries or activities referred to in the Articles (a) the laws of the Member States of the European Parliament and of the Commission of the European Parliament and of the European Parliament and of the European Parliament and of the European Parliament and of the European Parliament and of the European Parliament Six months to three years imprisonment or the fine of eight to twenty-four months.

2. The same penalties shall be punishable by the authority or public official who, by himself or as a member of a collegiate body, has resolved or voted in favour of his concession in the knowledge of his or her injustice.

Article 330.

Who, in a protected natural space, will seriously damage any of the elements that have served to qualify it, will incur the prison term of one to four years and fine of twelve to twenty-four months.

Article 331.

The facts provided for in this Chapter shall be punishable, where appropriate, with the lower penalty to the extent, in their respective cases, where they have been committed for serious recklessness.

CHAPTER IV

Of crimes relating to the protection of flora and fauna

Article 332.

The cutting, cutting, burning, starting, collecting, or carrying out illegal trafficking of some species or subspecies of threatened flora or its propagules, or destroying or seriously altering its habitat, will be punished with the imprisonment of six months to two years or fine of eight to twenty-four months.

Article 333.

The one that will introduce or release species of non-autochthonous flora or fauna, so that it harms the biological balance, in violation of the laws or general provisions protecting the species of flora or fauna, will be punishable by imprisonment of six months to two years or fine of eight to twenty-four months.

Article 334.

1. That which cace or fish threatened species, carries out activities that prevent or hinder its reproduction or migration, in contravention of the laws or general provisions protecting the species of wild fauna, trade or trade with them or with his or her remains, will be punished with imprisonment of six months to two years or fine of eight to twenty-four months.

2. The penalty will be imposed in its upper half if it is endangered species or listed subspecies.

Article 335.

The one that cace or pesque species other than those indicated in the previous article, not being expressly authorized their hunting or fishing by the specific norms in the matter, will be punished with the penalty of fine of four to eight months.

Article 336.

The one who, without being legally authorized, employs for the hunting or fishing poison, explosive means or other instruments or arts of similar destructive efficacy for the fauna, will be punished with the prison term of six months to two years or fine of eight to twenty-four months. If the damage caused out of notorious importance will be imposed the aforementioned prison sentence in its top half.

Article 337.

In the cases provided for in the previous three articles, the persons responsible for the exercise of the right to hunt or fish for three to eight years shall also be charged with special disablement.

CHAPTER V

Common Provisions

Article 338.

When the conduct defined in this Title affects some protected natural space, the higher penalties shall be imposed to the intended ones.

Article 339.

The Judges or Courts may, in a reasoned opinion, order the adoption, by the author of the fact, of measures aimed at restoring the disturbed ecological balance, as well as to take any other precautionary measure necessary for the protection of the goods protected under this Title.

Article 340.

If the culprit of any of the facts typified in this Title has voluntarily proceeded to repair the damage caused, the Judges and Courts shall impose the lesser penalty in grade on the intended respectively.

TITLE XVII

Of crimes against collective security

CHAPTER I

Catastrophic risk crimes

SECTION 1 OF OFFENCES RELATING TO NUCLEAR ENERGY AND IONISING RADIATION

Article 341.

The release of nuclear power or radioactive elements that endanger the life or health of persons or their property, even if there is no explosion, shall be punishable by imprisonment of fifteen to twenty years, and special disablement for employment or public office, profession or office for ten to twenty years.

Article 342.

Which, without being included in the previous article, disturbs the operation of a nuclear or radioactive installation, or alters the development of activities involving radiation-producing equipment or equipment In the event of a serious danger to the lives or health of persons, they will be punished with the imprisonment of four to ten years, and a special disqualification for employment or public office, occupation or office for a period of six to ten years. years.

Article 343.

Exposing to one or more persons to ionising radiation endangering their life, integrity, health or property shall be punishable by imprisonment of six to twelve years, and special disablement for employment or office public, profession or trade for six to ten years.

Item 344.

The facts provided for in the foregoing articles shall be punishable by a lower penalty in their respective cases where they have been committed for serious recklessness.

Article 345.

1. The one who takes over nuclear materials or radioactive elements, even without profit, will be punished with the prison sentence of one to five years. The same penalty shall be imposed on the person who, without proper authorisation, provides, receives, transport or possesses radioactive materials or nuclear substances, to train with them, to remove or to use their waste or to make use of radioactive isotopes.

2. If the subtraction will be executed using force on things, the penalty will be imposed in its upper half.

3. If the fact is committed with violence or intimidation in people, the culprit will be punished with the higher penalty in grade.

SECTION 2 OF THE HAVOC

Article 346.

Those that, causing explosions or using any other means of similar destructive power will cause the destruction of airports, ports, stations, buildings, public premises, deposits containing flammable materials or explosives, communication routes, collective means of transport, or the immersion or stranding of craft, flooding, explosion of a mine or industrial installation, lifting of rails of a railway track, malicious change of signals used in the service of this for the safety of the means of transport, blasting of the bridge, the destruction of public roads, serious disturbance of any kind or means of communication, will incur the prison sentence of ten to twenty years, when the havoc will necessarily result in a danger to the life or integrity of the people.

If, in addition to the danger, injury has occurred for the life, physical integrity or health of the persons, the facts shall be punished separately with the penalty corresponding to the offence committed.

Article 347.

He who for gross recklessness will cause a crime of havoc will be punished with the prison term of one to four years.

SECTION 3 OF OTHER RISK OFFENCES CAUSED BY OTHER AGENTS

Article 348.

Those in the manufacture, handling, transport, possession or placing on the market of explosives, flammable or corrosive substances, toxic and suffocating, or any other materials, appliances or devices they may cause In the case of the Court of Public Health, the Court of the Court of the European Court of the Court of the European Court of the European Court of the European Court of the European Court of the European Union, the Court of twelve months, and special disablement for employment or public office, occupation or office for a period of time three to six years.

Article 349.

Those who in the handling, transport or possession of organisms contravene the established safety standards or measures, putting in particular danger the life, physical integrity or health of the persons, or the environment, will be punished with prison sentences of six months to two years, fine of six to twelve months, and special disablement for employment or public office, profession or office for three to six years.

Article 350.

Without prejudice to Article 316, the penalties provided for in the previous Article shall be incurred in the opening of wells or excavations, in the construction or demolition of buildings, dams, pipes or works (a) or, in their preservation, conditioning or maintenance, they infringe the established safety standards whose failure to comply can result in catastrophic results, and endanger the life, physical integrity of the persons or the environment.

CHAPTER II

From the fires

SECTION 1 OF ARSON OFFENCES

Article 351.

Those who provoke a fire that carries a danger to the life or physical integrity of the people, will be punished with the prison sentence of ten to twenty years. The Judges or Courts may impose the lower penalty to a degree attended by the smallest entity of the hazard caused and the other circumstances of the event.

SECTION 2 OF FOREST FIRES

Article 352.

Those who set fire to mountains or forest masses, will be punished with prison sentences of one to five years and fine of twelve to eighteen months.

If there has been a danger to the life or physical integrity of the persons, the act shall be punished in accordance with the provisions of Article 351, imposing, in any case, the penalty of a fine of twelve to twenty-four months.

Article 353.

1. The penalties referred to in the previous article shall be imposed in their upper half when the fire is particularly severe, attended by any of the following circumstances:

1. º That affects a surface of considerable importance.

2. º That large or severe erosive effects on soils are derived.

3. Significantly alter animal or plant life conditions or affect some protected natural space.

4. º In any case, when serious deterioration or destruction of the affected resources is caused.

2. Such penalties shall also be imposed in their upper half when the author acts to obtain an economic benefit with the effects of the fire.

Article 354.

1. The one who sets fire to mountains or forest masses without the fire of the same, will be punished with the imprisonment of six months to one year and fine of six to twelve months.

2. The conduct provided for in the previous paragraph shall be without penalty if the fire is not spread by the voluntary and positive action of its author.

Article 355.

In all cases provided for in this section, the Judges or Courts may agree that the classification of soil in areas affected by a forest fire cannot be modified within a period of up to 30 years. They may also agree to limit or delete the uses that were made in the areas affected by the fire, as well as the administrative intervention of burnt wood from the fire.

SECTION 3 OF FIRES IN NON-FOREST AREAS

Article 356.

The one that will set fire to areas of non-forest vegetation seriously damaging the natural environment, will be punished with the imprisonment of six months to two years and fine of six to twenty-four months.

SECTION 4. FIRES IN OWN PROPERTY

Article 357.

The arsonist of his own property will be punished with the imprisonment of one to four years if he has the intention of defrauding or harming third parties, has caused defraud or disservice, there will be danger of spread to building, trees or trees, or has seriously damaged the conditions of wildlife, forests or natural spaces.

SECTION 5. COMMON DISPOSITION

Article 358.

The one who, by gross recklessness, will cause some of the arson offences in the previous sections, will be punished with the lower penalty to the degree, to the respective ones foreseen for each case.

CHAPTER III

From crimes against public health

Article 359.

Which, without being duly authorised, produces harmful substances for health or chemicals which may cause havoc, or is dispatched or supplied, or trades with them, shall be punishable by imprisonment of six months to three years and a fine of six to twelve months, and special disablement for a profession or industry for a period of six months to two years.

Article 360.

Which, being authorized for the traffic of the substances or products referred to in the previous article, is issued or supplied without complying with the formalities provided for in the respective Laws and Regulations, shall be punished with the penalty of fine of six to twelve months and disablement for the profession or trade from six months to two years.

Article 361.

Those who expend or dispatch impaired or expired medicinal products, or who fail to meet the technical requirements regarding their composition, stability and efficacy, or replace one another, and thereby endanger life or The health of persons shall be punishable by imprisonment from six months to two years, a fine of six to eighteen months and a special disqualification for a profession or office from six months to two years.

Article 362.

1. They shall be punishable by imprisonment of six months to three years, fine of six to eighteen months and special disablement for a profession or trade of one to three years:

1. The quantity, dose or genuine composition, as authorised or declared, of a medicinal product, by which it is manufactured or manufactured or at a later time, by which it is manufactured or manufactured, depriving it wholly or partially of its therapeutic efficacy; and This will put people's lives or health at risk. 2. The one that, in the spirit of dispensing or using them in any way, mimics or simulates drugs or substances producing beneficial health effects, giving them the appearance of real, and thereby endangering the life or health of the people.

3. The person who, knowing his or her alteration and for the purpose of dispensing or directing them to the use by other persons, has in deposit, announces or makes publicity, offers, exhibits, sells, facilitates or uses in any form the medications referred to and thereby endanger the lives or health of people.

2. The disablement penalties provided for in this Article and in the foregoing shall be three to six years when the facts are committed by pharmacists, or by the technical directors of legally authorized laboratories, in whose name or representation act.

3. In cases of extreme seriousness, the Judges or Courts, taking into account the personal circumstances of the author and those in fact, may impose the penalties higher to the above mentioned.

Article 363.

They will be punished with the imprisonment of one to four years, fine of six to twelve months and special disablement for profession, trade, industry or trade for three to six years the producers, distributors or merchants that endanger the health of consumers:

1. Offering on the market food products with omission or alteration of the requirements set out in the laws or regulations on expiration or composition.

2. Manufacturing or selling beverages or foodstuffs intended for public consumption and harmful to health.

3. Dealing with corrupted genres.

4. Preparing products which are not authorised to be used and which are harmful to health or trade with them.

5. Hiding or subtracting effects intended to be unused or disinfected, to trade with them.

Article 364.

1. If food, substances or beverages intended for food trade are to be damaged by additives or other non-authorised agents liable to cause harm to the health of the persons, it shall be punishable by the penalties provided for in the previous Article. If the inmate is the owner or the responsible for the production of a food factory, he shall also be charged with special disablement for the profession, trade, industry or trade of six to ten years.

2. The same penalty will be imposed for any of the following behaviors:

1. Manage animals whose meat or products are intended for human consumption which are not allowed to generate a risk to the health of humans, or in higher doses or for purposes other than those authorised.

2. º Sacrifice animals for slaughter or for the use of their products for human consumption, knowing that the substances mentioned in the previous number have been administered to them.

3. Slaughter animals for slaughter to which therapeutic treatments have been applied by means of substances referred to in paragraph

.

4. Issue to the public consumption the meat or products of the animals of supply without respecting the waiting periods in their case regulations.

Article 365.

It will be punishable by imprisonment of two to six years that I will poison or adulterate with infectious substances, or others that may be seriously harmful to health, drinking water or food substances destined for public use or the consumption of a collective of persons.

Article 366.

In the case of the above articles, the closure measure of the establishment, factory, laboratory or local may be imposed for up to five years, and in the case of extreme gravity the closure may be imposed. final as provided for in Article 129.

Article 367.

If the facts provided for in all the above articles are performed by gross imprudence, the lower penalties shall be imposed, respectively.

Article 368.

Those who execute acts of cultivation, processing or trafficking, or otherwise promote, favor or facilitate the illegal consumption of toxic drugs, narcotic drugs or psychotropic substances, or possess them for those purposes, shall be punishable by imprisonment of three to nine years and a fine of both the tripling of the value of the drug which is the subject of the offence if it is a matter of substances or products causing serious harm to health, and of imprisonment of one to three years and a fine of duplicating in other cases.

Article 369.

The custodial sentences of higher degrees to the above mentioned in the previous article and fine of the four-fold shall be imposed when:

1. Toxic drugs, narcotic drugs or psychotropic substances are made available to children under the age of eighteen or mentally handicapped, or are introduced or spread in schools, in institutions, establishments and military units, in penitentiary establishments or in care facilities.

2. The facts are made in establishments open to the public by those responsible or employees.

3. The quantity of toxic drugs, narcotic drugs, or psychotropic substances that are the object of the behavior referred to in the previous article.

4. The aforementioned substances or products are provided to persons undergoing treatment for rehabilitation or rehabilitation.

5. The referred substances or products are adulterated, manipulated or mixed with each other or with others, increasing the potential damage to health.

6. The culprit belongs to an organization or association, even of a transitory nature, that has the purpose of spreading such substances or products in an occasional way.

7. The culprit will participate in other organized criminal activities or whose execution will be facilitated by the commission of the offense.

8. The guilty party shall be an authority, an optional, a public official, a social worker, a teacher or an educator, and shall work with abuse of his profession, trade or office.

9. º Use under sixteen years of age to commit these crimes.

Article 370.

The Judges or Courts shall impose the custodial sentences of higher degrees to those referred to in the previous article and fine of the same to the sextuplo when the conduct in the defined is of extreme gravity, or when deal with the heads, administrators or managers of the organisations or associations referred to in their number 6. In the latter case, and where the case referred to in paragraph 2 of that Article is present, the judicial authority may Additionally decree any of the following measures:

a) Dissolution of the organization or association or final closure of its premises or establishments open to the public.

(b) Suspension of the activities of the organisation or association, or closure of establishments open to the public for no longer than five years.

(c) Ban on the same to carry out those activities, business operations or businesses, in which the offence has been facilitated or covered up, for a period not exceeding five years.

Article 371.

1. The manufacture, transport, distribution, marketing or possession of equipment, materials or substances listed in Table I and Table II of the United Nations Convention, made in Vienna on 20 December 1988, on the illicit trade in narcotic drugs and psychotropic substances, and any other products added to the same Convention or which are included in other future Conventions of the same nature, ratified by Spain, knowing that they will be used in cultivation, illicit production or manufacture of toxic drugs, narcotic drugs or psychotropic substances; or For these purposes, he shall be punished with the imprisonment of three to six years and a fine of both the tripling of the value of the genera or effects.

2. The custodial sentences shall be imposed in their upper half when the persons who carry out the facts described in the previous paragraph belong to an organisation dedicated to the purposes in which they are designated, and the higher penalty to the extent of the deal with the heads, administrators or managers of those organisations or associations.

In such cases, the Judges or Courts shall impose, in addition to the penalties concerned, the special disablement of the inmate for the pursuit of his profession or industry for three to six years, and the other measures envisaged in Article 370.

Article 372.

If the facts provided for in this chapter are carried out by employer, intermediary in the financial sector, optional, public official, social worker, teacher or educator, in the exercise of their position, profession or profession, be imposed, in addition to the corresponding penalty, on special disablement for employment or public office, profession or trade, industry or trade, from three to ten years. The penalty shall be imposed for an absolute disablement of ten to twenty years when the said facts are made by the authority or agent of the same, in the exercise of his office.

To this effect, it is understood that physicians, psychologists, persons in possession of a health certificate, veterinarians, pharmacists and their dependents are optional.

Article 373.

The provocation, the conspiracy and the proposal to commit the offences provided for in Articles 368 to 372, shall be punishable by a lower penalty of one to two degrees, corresponding to the facts provided for in this Article. the precepts above.

Article 374.

1. Unless they belong to a third party in good faith not responsible for the offence, they shall be the subject of confiscation of toxic drugs, narcotic drugs or psychotropic substances, equipment, materials and substances referred to in Article 371, vehicles, ships, aircraft, and any goods and effects, of whatever nature, have been used as an instrument for the commission of any of the offences referred to in or come from the previous articles, as well as the proceeds of such offences; obtained, whatever transformations they might have experienced.

2. In order to ensure the effectiveness of the iso, the goods, effects and instruments referred to in the preceding paragraph may be apprehended and placed in deposit by the judicial authority from the time of the first proceedings. That authority may also agree that, with due guarantees for its conservation and as long as the procedure is applied, the goods, effects or instruments of lawful trade may be provisionally used by the judicial police. in charge of the repression of illegal drug trafficking.

3. The goods, effects and instruments definitively seized by judgment shall be awarded to the State.

Article 375.

The convictions of foreign judges or courts for offences of the same nature as those provided for in Articles 368 to 372 of this Chapter will produce the effects of reoffending, unless the criminal antecedent has been cancelled or may be cancelled in accordance with Spanish law.

Item 376.

In the offences referred to in Articles 368 to 372, the Judges or Courts, reasoning in judgment, may impose the lesser penalty in one or two degrees to that indicated by the Law for the offence in question, provided that the have voluntarily abandoned their criminal activities, and have presented themselves to the authorities confessing the facts in which they have participated and actively collaborated with them, either to prevent the production of the crime, or to obtain decisive evidence for the identification or capture of other persons responsible or for preventing action or the development of the organisations or associations to which it has belonged or with which it has collaborated.

Article 377.

For the determination of the amount of the fines imposed pursuant to Articles 368 to 372, the value of the drug which is the subject of the offence or of the goods or effects shall be the final price of the product or, in its case, reward or gain obtained by the inmate, or that he could have obtained.

Article 378.

Payments made by the penalty for one or more of the offences referred to in Articles 368 to 372 shall be charged in the following order:

1. To repair the damage caused and compensation for damages.

2. To the State's compensation for the amount of the expenses that have been made on their behalf in the cause.

3. º A fine.

4. º To the costs of the particular or private accuser when the payment is imposed.

5. To the other procedural costs, including those of the defense of the process, without preference among the interested parties.

CHAPTER IV

Traffic security crimes

Article 379.

A motor vehicle or a moped under the influence of toxic drugs, narcotic drugs, psychotropic substances or alcoholic beverages shall be punishable by the arrest of eight to twelve weekends or a fine. Three to eight months and, in any case, deprivation of the right to drive motor vehicles and mopeds, respectively, for a period of more than one and up to four years.

Article 380.

The driver who, required by the agent of the authority, will refuse to undergo the legally established tests for the verification of the facts described in the previous article, will be punished as the author of a crime of serious disobedience, provided for in Article 556 of this Code.

Article 381.

The one that drove a motor vehicle or a moped with manifest recklessness and put in concrete danger the life or the integrity of the people, will be punished with the prison sentences of six months to two years and deprivation of the the right to drive motor vehicles and mopeds for longer than one and up to six years.

Article 382.

It will be punishable by imprisonment of six months to two years or a fine of three to eight months for a serious risk to the circulation of any of the following forms:

1. Altering traffic safety by placing in the path of unpredictable obstacles, shedding of sliding or flammable substances, mutation or damage of the signaling, or by any other means.

2. º Not resetting track security, when there is an obligation to do so.

Item 383.

When the acts sanctioned in Articles 379, 381 and 382 shall, in addition to the risk prevented, result in a harmful result, whatever their gravity, the Judges and Courts shall only appreciate the most serious infringement. In any case, it would be necessary to condemn the civil liability that originated.

In the application of the penalties laid down in the aforementioned articles, the Judges and Courts shall proceed according to their prudent arbitration, without being subject to the rules prescribed in Article 66.

Article 384.

He will be punished with prison sentences of one to four years, fine of six to twelve months and deprivation of the right to drive motor vehicles and mopeds for longer than six and up to ten years, which, with conscious contempt for the lives of others, it incurs the conduct described in article 381.

When the life or integrity of people has not been put in concrete danger, the prison term will be one to two years, with the rest of the sentences remaining.

Article 385.

The motor vehicle or the moped used in the facts provided for in the previous article shall be considered an instrument of the offence for the purposes of Article 127 of this Code.

TITLE XVIII

From Falsehoods

CHAPTER I

Currency Counterfeiting and Timing Effects

Article 386.

He will be punished with prison sentences of eight to twelve years and a fine of both the decumple of the coin's apparent value:

1. The one that manufactures false currency.

2. º The one that you enter in the country.

3. º The one that dispenses or distributes in connivance with the forgers or introducers.

The possession of a false currency for its distribution or distribution will be punished with the lower penalty in one or two degrees, taking into account the value of that and the degree of connivance with the authors mentioned in the previous numbers. The same penalty will be imposed on the one who, by making it false, acquires currency in order to put it into circulation.

That having received in good faith false currency, the vending or distribution after it has been found its falsehood will be punished with the penalties of arrest of nine to fifteen weekends and fine of six to twenty-four months, if the value The apparent coin was more than fifty thousand pesetas.

Article 387.

For the purposes of the previous article the coin is understood as the metallic and paper currency of legal tender. For the same purposes, credit cards, debit cards and travel checks will be considered as currency. They will also be equated with the national currency, that of the European Union and the foreign currency.

Article 388.

The conviction of a foreign court, imposed for a crime of the same nature as those included in this chapter, shall be equated with the judgments of the Spanish Judges or Courts for the purposes of reoffending, unless the Criminal antecedent has been cancelled or could be cancelled in accordance with Spanish law.

Article 389.

The one who will falsify, or expend, in collusion with the forger, postage stamps or timbrated effects, or introduce them in Spain knowing their falsehood, will be punished with the prison term of six months to three years.

The purchaser of good faith of postage stamps or timbrated effects which, knowing their falsehood, will distribute them in excess of fifty thousand pesetas, will be punished with the penalty of arrest of eight to twelve weekends, and, if will only use them, for the same amount, with the penalty of fine of three to twelve months.

CHAPTER II

From Documentary Falsehoods

SECTION 1 OF THE FALSIFICATION OF PUBLIC, OFFICIAL AND COMMERCIAL DOCUMENTS AND DISPATCHES TRANSMITTED BY TELECOMMUNICATION SERVICES

Article 390.

1. He shall be punished with prison sentences of three to six years, fine of six to twenty-four months and special disablement for two to six years, the authority or public official who, in the performance of his duties, commits falsehood:

1. Altering a document in any of its essential elements or requirements.

2. º Simulating a document in whole or in part, so that it misleads to its authenticity.

3. º in an act the intervention of persons who have not had it, or attributing to those who have intervened in the statements or manifestations different from those that they would have made.

4. Falting the truth in the narrative of the facts.

2. The person responsible for any religious confession that incurs any of the conduct described in the preceding numbers, in respect of acts and documents that may produce, shall be punished by the same penalties as those mentioned in the previous paragraph. effect on the status of persons or on civil order.

Item 391.

The public authority or civil servant who, by way of serious recklessness, incurs any of the untruths provided for in the preceding article or shall give rise to the fact that another one commits them, shall be punished with the penalty of a fine of six to twelve months and suspension of employment or public office for a period of six months to one year.

Article 392.

The particular person who committed in public, official or commercial documents, any of the untruths described in the first three numbers of Article 390 (1), shall be punished with the imprisonment of six months to three years and a fine of six to twelve months.

Article 393.

The one who, knowing his falsehood, will present in judgment or, to harm another, will make use of a false document of those included in the preceding articles, will be punished with the lower penalty in grade to the counterfeiters.

Item 394.

1. The public authority or official in charge of the telecommunications services which shall provide or falsify a telegraphic office or other office of such services shall be subject to the term of imprisonment of six months to three years and a special disablement for two to six years.

2. The one who, knowing his falsehood, will make use of the false office to harm another, will be punished with the lower penalty in degree to the one pointed out to the forgers.

SECTION 2 OF COUNTERFEIT PRIVATE DOCUMENTS

Article 395.

The one who, in order to harm another, will in private document commit any of the untruths provided for in the first three numbers of Article 390 (1), will be punished with the imprisonment of six months to two years.

Article 396.

The fact that, in the knowledge of its falsehood, I shall present in judgment or, in order to harm another, make use of a false document of those included in the previous article, it will incur the lower penalty in grade to the counterfeiters.

SECTION 3 OF CERTIFICATE FORGERY

Item 397.

The optional one that I will book false certificate will be punished with the penalty of fine of three to twelve months.

Article 398.

The public authority or civil servant who will deliver false certification will be punished with the penalty of suspension from six months to two years.

Article 399.

1. The individual who will falsify a certification of the ones designated in the above articles will be punished with the penalty of fine of three to six months.

2. The same penalty will apply to the one that I knowingly use of false certification.

CHAPTER III

General disposition

Article 400.

The manufacture or possession of useful materials, materials, instruments, substances, machines, computer programs or apparatus, specifically intended for the commission of the crimes described in the previous chapters, will be punished with the penalty for the authors in each case.

CHAPTER IV

From usurpation of the civil state

Item 401.

The one who will usurp the civilian state of another will be punished with the prison term of six months to three years.

CHAPTER V

From usurpation of public functions and intrusive

Article 402.

He who is illegitimately exercising acts of his own authority or public official, claiming official status, shall be punished with the imprisonment of one to three years.

Article 403.

The person who carries out acts of his or her own profession without having the corresponding academic degree awarded or recognized in Spain according to the legislation in force, will incur the penalty of a fine of six to twelve months. If the professional activity carried out requires an official certificate certifying the necessary training and legally enabling it for its financial year, the penalty shall be imposed for a fine of three to five months.

If the culprit, in addition, is publicly attributed the quality of professional covered by the above mentioned title, he will be sentenced to imprisonment of six months to two years.

TITLE XIX

Crimes against Public Administration

CHAPTER I

From the prevarication of public officials and other unfair behaviors

Item 404.

To the public authority or civil servant who, in the knowledge of his injustice, will dictate an arbitrary resolution in an administrative matter will be punished with the penalty of special disablement for employment or public office for the time seven to ten years.

Article 405.

To the public authority or official who, in the exercise of its competence and knowingly of its illegality, shall propose, appoint or give possession for the exercise of a given public charge to any person without the legally established requirements for this, shall be punishable by the penalties of fine of three to eight months and suspension of employment or public office for a period of six months to two years.

Article 406.

The same penalty penalty will be imposed on the person who accepts the proposal, appointment or inauguration mentioned in the previous article, knowing that they lack the legally enforceable requirements.

CHAPTER II

Abandonment of destination and failure to pursue crimes

Article 407.

1. To the public authority or official who will leave his or her destination for the purpose of not preventing or not pursuing any of the offences included in Titles XXI, XXII, XXIII and XXIV will be punished with the imprisonment of one to four years and absolute disablement for employment or public office for six to ten years. If you have made the abandonment so as not to prevent or prevent any other crime, you will be given the penalty of special disqualification for employment or public office for one to three years.

2. The same penalties shall be imposed, respectively, where the abandonment is intended not to carry out the penalties for such offences imposed by the competent judicial authority.

Item 408.

The authority or official who, in breach of the obligation of his office, will intentionally leave to promote the prosecution of the crimes of which he has news or his responsible, will incur the penalty of special disablement for employment or public office for a period of six months to two years.

Item 409.

To the authorities or public officials who promote, direct or organize the collective and manifestly illegal abandonment of a public service, they will be punished with the penalty of fine of eight to twelve months and suspension of employment or public office for a period of six months to two years.

The authorities or civil servants who merely take part in the collective or manifestly illegal abandonment of an essential public service and with serious damage to the public service or the community will be punished by the fine of eight to twelve months.

CHAPTER III

Disobedience and denial of help

Article 410.

1. The authorities or civil servants who are openly refusing to give due respect to judgments, decisions or orders of the superior authority, handed down within the scope of their respective jurisdiction and covered by the legal formalities, shall incur the penalty of fine of three to twelve months and special disablement for employment or public office for a period of six months to two years.

2. By way of derogation from the foregoing paragraph, no criminal liability shall be incurred by the authorities or officials for failing to comply with a mandate which constitutes a manifest, clear and final infringement of a law or any other general arrangement.

Item 411.

The public authority or official who, having suspended, for any reason other than that expressed in the second paragraph of the previous article, the execution of the orders of his superiors, disobeyed them after those who have disapproved the suspension, will incur the penalties of fine of twelve to twenty-four months, and special disablement for employment or public office for one to three years.

Article 412.

1. The public official, who is required by competent authority, shall not provide the aid due to the Administration of Justice or other public service, shall incur the penalties of fine of three to twelve months, and suspension of employment or public office by time from six months to two years.

2. If the required authority, head or officer of a public force or an agent of the authority, fines of twelve to eighteen months and suspension of employment or public office for two to three years shall be imposed.

3. The public authority or official who, who is required by a private person to provide assistance to him for the reason of his duties in order to avoid a crime against the life of the persons, shall refrain from lending him, shall be punished with the penalty of fine from eighteen to twenty-four months and special disablement for employment or public office for three to six years.

If it is a crime against the integrity, sexual liberty, health or freedom of the persons, it shall be punishable by a fine of twelve to eighteen months and suspension of employment or public office from one to three years.

In the event that such a requirement is to avoid any other crime or other wrongdoing, it will be punishable by a penalty of three to twelve months and suspension of employment or public office for a period of six months to two years.

CHAPTER IV

Of infidelity in document custody

and the secret violation

Article 413.

The public authority or civil servant who, knowingly, will destroy, destroy, use or hide, in whole or in part, documents whose custody is entrusted to him by reason of his or her charge, will incur the prison sentences of one to four years, fine of seven to twenty-four months, and special disablement for employment or public office for three to six years.

Article 414.

1. To the public authority or official who, by reason of his position, is entrusted with the custody of documents in respect of which the competent authority has restricted access, and who knowingly destroys or inuses the means put to prevent that access or consent to their destruction or misuse, shall incur the imprisonment of six months to one year or a fine of six to twenty-four months and, in any case, special disablement for employment or public office for one to three years.

2. The person who destroys or will not use the means referred to in the preceding paragraph shall be punished with the penalty of a fine of six to eighteen months.

Article 415.

The public authority or official not included in the previous article which, knowingly and without proper authorization, agrees or permits access to secret documents whose custody is entrusted to him by reason of his or her position, the penalty is punishable by a fine of six to twelve months, and special disablement for employment or public office for one to three years.

Item 416.

They will be punished with the prison sentences or fine immediately below the ones mentioned in the three previous articles, the individuals who are accidentally charged with the dispatch or custody of documents, by commission or public authorities or civil servants to whom they have been entrusted by reason of their position, who incur the conduct described therein.

Article 417.

1. The public authority or official who shall disclose secrets or information of which he is aware by reason of his office or office and who are not to be disclosed shall be subject to the penalty of a fine of 12 to 18 months and a special disablement for employment or public office for one to three years.

If the disclosure referred to in the preceding paragraph is serious for the public cause or for the third party, the sentence shall be one to three years imprisonment, and a special disqualification for employment or public office for three years. five years.

2. In the case of secrets of a particular person, the sentences shall be imprisonment of two to four years, fine of twelve to eighteen months, and suspension of employment or public office for one to three years.

Article 418.

The particular person who will take advantage of the secret or inside information obtained by a public official or authority for a third party, shall be punished with a fine of either the triplet of the benefit obtained or facilitated. If there is serious harm to the public cause or third, the penalty will be one to six years.

CHAPTER V

From Co-done

Article 419.

The public authority or official who, for the benefit of himself or of a third party, requests or receives, by himself or by person, gift or present, or accept offer or promise to carry out in the exercise of his office a Action or omission constituting a crime, shall be punishable in imprisonment of two to six years, a fine of both the tripling of the value of the gift and special disablement for employment or public office for seven to twelve years, without prejudice to the penalty corresponding to the offence committed by reason of the gift or promise.

Article 420.

The public authority or official who, for his own benefit or a third party, requests or receives, by himself or by person, a gift or a promise to execute an unfair act relating to the exercise of his office that does not constitute a crime, and execute it, will incur the prison term of one to four years and special disablement for employment or public office for ages of six to nine years, and imprisonment of one to two years and special disablement for employment or public office for the time of three to six years, if he didn't get to run it. In both cases, the fine of both the tripling of the value of the gift will also be imposed.

Article 421.

Where the requested, received or promised gift is intended to have the public authority or official refrain from an act which he or she should practice in the exercise of his or her duties, the penalties shall be liable to a fine of double the value of the special gift and disablement for employment or public office for one to three years.

Article 422.

The provisions of the preceding articles shall also apply to juries, arbitrators, experts, or any persons participating in the exercise of the civil service.

Article 423.

1. Those with gifts, present, offers or promises corrupt or attempted to corrupt the authorities or public officials will be punished with the same prison sentences and fine as these.

2. Those who attend to the requests of the authorities or public officials will be punished with the penalty

lower in grade than in the previous section.

Article 424.

When bribery will be in criminal cause for the sake of the inmate or another person to whom he is linked in a stable way by analogous relationship of affectivity, or of some ascendant, descendant or brother, by nature, by adoption or related in the same grades, the bribe shall be imposed for the penalty of three to six months.

Article 425.

1. The public authority or official who is seeking or submitting or accepting an offer or a promise to carry out an act of his own or as a reward for the already completed charge shall be subject to the penalty of a fine of three times the value of the gift and suspension of employment or public office for a period of six months to three years.

2. In the case of a reward for the act already carried out, if this is a criminal offence, the prison sentence of one to three years shall also be imposed, a fine of six to ten months and a special disqualification for employment or public office for ten years. fifteen years.

Article 426.

The public authority or civil servant who admits gift or gift that is offered for consideration to his or her function or for the achievement of an act not legally prohibited, will incur the penalty of fine of three to six months.

Article 427.

It shall be exempt from the offence of co-fact the particular offence which has occasionally accessed the request for a gift or present made by public authority or official and I shall denounce the fact to the authority having the duty of proceed to their investigation, before the opening of the relevant procedure, provided that no more than ten days have elapsed since the date of the facts.

CHAPTER VI

From Influence Traffic

Article 428.

The public official or authority that influences another public official or authority by making use of the exercise of the powers of his office or any other situation arising from his or her personal or hierarchical relationship with him or her with another official or authority to obtain a resolution which may generate directly or indirectly an economic benefit for himself or for a third party, he shall incur the prison sentences of six months to one year, a fine of the double of the benefit pursued or obtained, and special disablement for employment or public office for three years six years. If you get the benefit pursued, the penalties will be imposed in your upper half.

Article 429.

The particular person who has an influence on a public official or authority making use of any situation arising out of his or her personal relationship with him or another public official or authority to obtain a resolution that may to generate, directly or indirectly, an economic benefit for himself or for a third party, shall be punished with the imprisonment of six months to one year, and a fine of both the double of the benefit pursued or obtained. If you get the benefit pursued, the penalties will be imposed in your upper half.

Article 430.

Those who, by offering to conduct the conduct described in the above articles, request from third parties, present or any other remuneration, or accept offer or promise, will be punished with the penalty of imprisonment from six months to one year.

In any of the cases referred to in this article, the judicial authority may also impose the suspension of the activities of the company, company, organization or office and the closing of its offices open to the for a period of six months to three years.

Article 431.

In all cases provided for in this chapter and in the previous one, gifts, gifts or gifts will be forfeited.

CHAPTER VII

From embezzling

Article 432.

1. The public authority or official who, for profit, is responsible or consents to a third party, in the same spirit, to his or her public service for the purposes of his duties, shall be subject to the sentence of imprisonment of three to three years. six years and absolute disablement for six to ten years.

2. The imprisonment of four to eight years shall be imposed and the term of absolute disablement shall be imposed for ten to twenty years if the malfeasance is particularly serious in the light of the value of the quantities subtracted and the damage or damage caused. to the public service. The same penalties shall apply if misappropriated things have been declared as historical or artistic value, or if they are intended to alleviate any public calamity.

3. Where the subtraction does not reach the amount of five hundred thousand pesetas, the penalty shall be imposed for a fine of more than two and up to four months, imprisonment of six months to three years and suspension of employment or public office for a period of six months to one year.

Article 433.

The public authority or civil servant who shall use to the public service the flow or effects placed on his office by reason of his or her duties shall be subject to the penalty of a fine of six to twelve months, and suspension of employment or public office for a period of six months to three years.

If the culprit does not reintegrate the amount of the distracted within ten days after the opening of the process, the penalties of the previous article will be imposed.

Article 434.

The public authority or civil servant who, with his or her own profit and with serious prejudice to the public cause, shall give a private application to movable or immovable property belonging to any Administration or Entity State, regional or local, or Bodies dependent on one of them, will incur prison sentences of one to three years and special disablement for employment or public office for three to six years.

Article 435.

The provisions of this chapter are extensive:

1. To those who are in charge of any concept of funds, income or effects of public administrations.

2. º To individuals legally designated as depositors of flow or public effects.

3. To the administrators or depositaries of money or assets seized, kidnapped or deposited by public authority, even if they belong to private individuals.

CHAPTER VIII

Of illegal frauds and levies

Article 436.

The public authority or official who, by reason of his or her position in any of the acts of the public procurement procedures or in liquidations of public effects or assets, shall be concerned with the persons concerned or use of any other artifice to defraud any public entity, will incur prison sentences of one to three years and special disablement for employment or public office for six to ten years.

Article 437.

The public authority or official that will require, directly or indirectly, rights, tariffs for tariffs or minutes that are not due or greater than the legally indicated, will be punished, without prejudice to the reinstatement of (viiere), with the penalties of a fine of six to twenty-four months and a suspension of employment or public office for a period of six months to four years.

Article 438.

The public authority or official who, abusing his position, will commit a crime of fraud or misappropriation, will incur the penalties respectively indicated to them, in his superior half, and special disablement for employment or public office for two to six years.

CHAPTER IX

From prohibited negotiations and activities to public officials and abuses in the exercise of their function

Article 439.

The public authority or official who, by reason of his or her position, must inform in any kind of contract, subject, operation or activity, takes advantage of such circumstance to force or facilitate any form of participation, direct or by person, in such business or actions, will incur the penalty of fine of twelve to twenty-four months and special disablement for employment or public office for one to four years.

Article 440.

Experts, arbitrators and accountants who are responsible for the manner provided for in the previous Article, in respect of the goods or matters in which the assessment, partition or award of the goods has been carried out, and the guardians, curators or albaceas in respect of those belonging to their pupils or testamentary, shall be punished with the penalty of fine of twelve to twenty-four months and special disablement for employment or public office, occupation or office, guardianship or conservatorship, according to the cases, for three to six years.

Article 441.

The public authority or official who, outside of the cases admitted to the Laws or Regulations, shall, by himself or by person, carry out a professional activity or of permanent or accidental advice, under the the service of private or private entities, in cases where he is required to intervene or have intervened on his behalf, or in which they are dealt with, report or resolve in the office or management centre in which he or she is assigned or is dependent, (a) he/she shall incur the penalty of a fine of six to twelve months, and a suspension of employment or public office for a period of one to three years.

Article 442.

The public authority or official who makes use of a secret of which he is aware by reason of his trade or office, or of a privileged information, in order to obtain an economic benefit for himself or for a third party, (a) it shall incur the penalty of a fine of both the three-fold benefit, obtained or facilitated and the special disqualification for employment or public office for two to four years. If you get the benefit pursued, the penalties will be imposed in your upper half.

If there is serious harm to the public cause or third, the penalty will be one to six years imprisonment, and special disablement for employment or public office for seven to ten years. For the purposes of this Article, any information of a specific character is understood to be inside information that is solely for the purpose of the public office or office and that has not been notified, published or disclosed.

Item 443.

He will be punished with the prison term of one to two years and absolute disablement for time of six to twelve years, the authority or public official who will sexually request a person who, for himself or for his or her spouse or other a person with whom he is linked in a stable way by a similar relationship of affectivity, ascendant, descendant, brother, by nature, by adoption, or in the same degree, has any claims pending the resolution of that or which must evacuate report or raise query to its superior.

Article 444.

1. The official of Penitentiary Institutions or of centers of protection or correction of minors who will request sexually a person subject to his guardian, will be punished with the imprisonment of one to four years, and absolute disablement by time from six to twelve years.

2. At the same time, they shall incur when the requested person is ascending, descending, brother, by nature, by adoption, or similar in the same degree, as the person who has been under his or her guardian. It shall also be subject to such penalties where the person requested is a spouse of a person who has, or is linked to, his or her guardian in a stable way by a similar relationship of affectivity.

Article 445.

The penalties provided for in the two preceding articles shall be without prejudice to those of the offences against the sexual freedom actually committed.

TITLE XX

Crimes against the Administration of Justice

CHAPTER I

From the prevarication

Article 446.

The Judge or Magistrate who, knowingly, will dictate sentence or unjust resolution shall be punished:

1. With the prison sentence of one to four years if it is an unjust sentence against the inmate in criminal cause for crime and the sentence would not have been executed, and with the same penalty in his superior half and fine of twelve to Twenty-four months if executed. In both cases, it will also impose the penalty of absolute disablement for ten to twenty years.

2. º With the penalty of fine of six to twelve months and special disablement for employment or public office for six to ten years, if it were an unfair sentence against the sentence handed down in the process for lack.

3. With the penalty of fine of twelve to twenty-four months and special disablement for employment or public office for ten to twenty years, when he will dictate any other unjust sentence or resolution.

Article 447.

The Judge or Magistrate who by gross recklessness or inexcusable ignorance will give judgment or manifestly unfair judgment will incur the penalty of special disablement for employment or public office for two to six years years.

Article 448.

The Judge or Magistrate who refused to judge, without alleging legal cause, or under the pretext of darkness, insufficiency or silence of the Law, will be punished with the penalty of special disablement for employment or public office for six months months to four years.

Article 449.

1. In the same penalty mentioned in the previous article will incur the Judge, Magistrate or Judicial Secretary guilty of malicious delay in the Administration of Justice. Malicious delay is meant to achieve any illegitimate purpose.

2. Where the delay is attributable to an official other than those referred to in the preceding paragraph, the sentence shall be imposed in its lower half.

CHAPTER II

From the omission of the duties of preventing crimes or promoting their persecution

Article 450.

1. The fact that, being able to do so with his immediate intervention and without his or her own risk, will not prevent the commission of a crime that affects the people in his life, integrity or health, freedom or sexual freedom, will be punished with the imprisonment of six months to two years if the offence was against life, and that of a fine of six to twenty-four months in other cases, unless the offence did not prevent it from being equal or lesser penalty, in which case the lower penalty shall be imposed to the extent of that sentence.

2. The same penalties will incur who, being able to do so, does not come to the authority or its agents to prevent a crime from those provided for in the previous paragraph and whose next or current commission has news.

CHAPTER III

From Cover-up

Article 451.

It will be punishable by imprisonment of six months to three years that, with knowledge of the commission of a crime and without having intervened in it as an author or accomplice, will intervene after its execution, the following modes:

1. Auxiliary authors or accomplices to benefit from the benefit, product or price of the crime, without their own profit.

2. Hiding, Altering, or Inusing the Body, Effects, or Instruments of a Crime, to prevent its discovery.

3. Assisting the alleged perpetrators of a crime to circumvent the investigation of the authority or its agents, or to subtract from its search or capture, provided that there are any of the following circumstances:

(a) That the hidden fact be constitutive of treason, murder of the King, of any of his ascendants or descendants, of the Queen consort or of the consort of the Queen, of the Regent or of any member of the Regency, or of the Crown Prince of the Crown, genocide, rebellion, terrorism or homicide.

b) That the favorator has acted with abuse of public functions. In this case, in addition to the penalty of deprivation of liberty, the special disqualification for employment or public office for two to four years shall be imposed if the offence is less serious, and the offence of absolute disablement for a period of six years Twelve years if that was serious.

Item 452.

In no case may it be possible to impose a custodial sentence that exceeds that indicated to the undercover crime. If the latter is punishable by another nature, the custodial sentence shall be replaced by the penalty of a fine of six to 24 months, unless the offence is assigned a penalty equal to or less than that, in which case it shall be imposed on the guilty of that crime in its lower half.

Article 453.

The provisions of this chapter will apply even if the author of the covert fact is either irresponsible or personally exempt.

Article 454.

They are exempt from the penalties imposed on the cover-ups, those of their spouse or of the person to whom they are linked in a stable way by analogous relation of affectivity, their ascendants, descendants, brothers, nature, by adoption, or related in the same grades, with the sole exception of the cover-ups which fall within the meaning of Article 451 (1

.

CHAPTER IV

From the arbitrary realization of the right itself

Article 455.

1. The one who, to realize his own right, acting outside the legal channels, will use violence, intimidation or force in things, will be punished with the penalty of fine of six to twelve months.

2. The higher penalty will be imposed in a degree if for intimidation or violence weapons or dangerous objects are used.

CHAPTER V

From the false accusation and complaint and the simulation of crimes

Article 456.

1. Those who, with knowledge of their falsehood or reckless disregard for the truth, will impute to some person facts that, if certain, would constitute a criminal offence, if this imputation is made before a judicial or administrative official who has the duty to proceed with their inquiry, they will be punished:

1. With the imprisonment of six months to two years and a fine of twelve to twenty-four months, if a felony is charged.

2. º With the penalty of a fine of twelve to twenty-four months, if a less serious crime is charged.

3. º With the penalty of fine of three to six months, if a fault is imputed.

2. The complainant or the accuser may not be brought against him but after a final judgment or a final judgment of the Judge or Tribunal which he has known of the offence. They shall act on their own initiative against the complainant or the accuser, provided that the main cause is evidence of the untruth of the complaint, without prejudice to the fact that the offence may also be pursued on the grounds of the offence.

Article 457.

The one who, before any of the officials mentioned in the previous article, will be responsible or victim of a criminal offence or will denounce a non-existent, causing procedural actions, will be punished with the fine of six Twelve months.

CHAPTER VI

From false testimony

Article 458.

1. The witness who will fail the truth in his testimony in court, will be punished with prison terms of six months to two years and fine of three to six months.

2. If the false testimony is given against the inmate in criminal cause for crime, the sentences will be of one to three years imprisonment and fine of six to twelve months. If, as a result of the testimony, a conviction has been handed down, the maximum penalties shall be imposed.

3. The same penalties will be imposed if the false testimony is held before International Courts which, under the Treaties duly ratified in accordance with the Spanish Constitution, exercise powers derived from it, or will be carried out in Spain. to declare by virtue of a rogatory commission sent by a foreign court.

Article 459.

The penalties of the preceding articles will be imposed in their half superior to the experts or interpreters who will fail the truth maliciously in their opinion or translation, which will also be punished with the punishment of special disablement for occupation or office, employment or public office, for a period of six to twelve years.

Article 460.

When the witness, expert or interpreter, without substantially missing the truth, will alter it with reticence, inaccuracies or by silencing facts or relevant data that are known to him, he will be punished with the penalty of fine of six to twelve months and, where appropriate, suspension of employment or public office, occupation or office, from six months to three years.

Article 461.

1. The person who shall knowingly present false witnesses or beggars, shall be punished with the same penalties as for them are laid down in the foregoing articles.

2. The same penalty will be imposed on the one who consciously presents false documentary elements. If the author of the fact had been in addition to the falsehood, the penalty for the most serious crime in its top half will be imposed.

3. If the person responsible for this crime is a lawyer, procurator, social graduate or representative of the Prosecutor's Office, in professional performance or exercise of his/her role, the penalty will be imposed in his/her upper half and the special disablement for employment or public office, occupation or office, for two to four years.

Article 462.

It will be exempt from punishment that, having lent a false testimony in criminal cause, recant in time and form, manifesting the truth so that it takes effect before the sentence is handed down in the process in question. If, as a result of the false testimony, the deprivation of liberty has occurred, the corresponding lower penalties shall be imposed.

CHAPTER VII

From obstruction to Justice and professional disloyalty

Article 463.

1. The one who, cited in legal form, will voluntarily leave to appear, without fair cause, before a court or tribunal in criminal proceedings with prison inmate, causing the suspension of the oral trial, will be punished with the penalty of arrest of twelve to Eighteen weekends and a fine of six to nine months. In the penalty of a fine of six to nine months he will incur the one who, having been warned to do so for the second time in criminal cause without prison inmate, has caused or not caused the suspension.

2. If the person responsible for this crime is a lawyer, prosecutor or representative of the Prosecutor's Office, acting in a professional capacity or exercise of his or her duties, he or she shall be sentenced in his or her upper half and that of special disablement for employment or public office, profession or trade, for two to four years.

3. If the suspension is, in the case of paragraph 1 of this Article, as a result of the failure to appear of the Judge or a member of the Court or of the person exercising the duties of the Judicial Secretary, the sentence of 18 to Twenty-four weekends, a fine of six to twelve months of special disablement for two to four years.

Article 464.

1. The person who, with violence or intimidation, will attempt to directly or indirectly influence who is a complainant, party or accused, lawyer, prosecutor, expert, interpreter or witness in a procedure to modify his or her procedural action, will be punished with the prison term of one to four years and a fine of six to twenty-four months.

If the author of the event will reach his goal, the penalty will be imposed in its top half.

2. Equal penalties shall be imposed on the person who shall carry out any act of atentatory against life, integrity, liberty, sexual freedom or property, as a retaliation against the persons referred to in the previous paragraph, for his acting in judicial proceedings, without prejudice to the penalty for the infringement of the fact that such acts are constitutive.

Article 465.

1. The one who, intervening in a process as a lawyer or prosecutor, with abuse of his function, will destroy, will not use or hide documents or performances from which he has received transfer in that quality, will be punished with the prison sentence of six months at two years, a fine of seven to twelve months and a special disablement for his profession, employment or public office from three to six years.

2. If the facts described in the first paragraph of this article are made by a particular person, the penalty shall be fine from three to six months.

Article 466.

1. The lawyer or prosecutor who shall disclose procedural proceedings declared secret by the judicial authority shall be punishable by a fine of 12 to 24 months and a special disqualification for employment, public office, profession or office of one Four years.

2. If the disclosure of the proceedings declared secret were made by the Judge or member of the Court, representative of the Prosecutor's Office, Judicial Secretary or any official at the service of the Administration of Justice, the penalties provided for in Article 417 in its upper half.

3. If the conduct described in the first paragraph is carried out by any other person involved in the proceedings, the penalty shall be imposed in its lower half.

Article 467.

1. The lawyer or prosecutor who, having advised or taken the defence or representation of any person, without the consent of the latter or represents in the same case to those who have contrary interests, shall be punished with the penalty of fine of six Twelve months and special disablement for your profession from two to four years.

2. The lawyer or procurator who, by act or omission, damages in a manifest manner the interests entrusted to him shall be punished with the penalties of fine of twelve to twenty-four months and special disablement for employment, public office, profession or trade for one to four years.

If the facts are made by gross recklessness, the penalty penalties of six to twelve months and special disablement for your profession from six months to two years will be imposed.

CHAPTER VIII

The condemnation violation

Article 468.

Those who violate their conviction, security measure, prison, precautionary measure, driving or custody, will be punished with the imprisonment of six months to one year if they are deprived of liberty, and with the fine of twelve to 24 months in other cases.

Article 469.

Those sentenced or imprisoned who will abscond from the place where they are held, making use of violence or intimidation in people or force in things or taking part in mutiny, will be punished with the imprisonment of six months to four years.

Article 470.

1. The individual who will provide the tax evasion to a convicted, imprisoned or detained person, or the place in which he is held, or during his or her driving, shall be punishable by imprisonment from six months to one year and a fine of twelve to twenty-four months.

2. If violence or intimidation is used in people, force in things or bribery, the penalty will be from six months to four years.

3. If they are one of the persons referred to in Article 454, they shall be punished with the penalty of a fine of three to six months, in which case the Judge or the Court may in this case impose only the penalties corresponding to the damage caused or to the threats or violences exercised.

Article 471.

The higher penalty will be imposed in degree, in their respective cases, if the culprit is a public official in charge of the driving or custody of a convicted, imprisoned or detained. The official shall also be punished with the penalty of special disablement for employment or public office from six to ten years if the fugitive was convicted of an enforceable sentence, and with the special disablement for employment or public office of three to six years in other cases.

TITLE XXI

Crimes against the Constitution

CHAPTER I

Rebellion

Article 472.

It is the crime of rebellion that will be violently and publicly raised for any of the following purposes:

1. º Repeal, suspend or modify the Constitution in whole or in part.

2. Depose or strip in all or part of their prerogatives and powers to the King or the Regent or members of the Regency, or compel them to execute an act contrary to their will.

3. Prevent the free holding of elections for public office.

4. Dissolve the General Courts, the Congress of Deputies, the Senate or any Legislative Assembly of an Autonomous Community, to prevent them from meeting, deliberating or resolving, to remove any resolution or to remove any of them from its powers or powers.

5. Declare the independence of a part of the national territory.

6. Substitute by another the Government of the Nation or the Governing Council of an Autonomous Community, or use or exercise by itself or strip the Government or Governing Council of an Autonomous Community, or any of its members powers, or prevent or restrict them to their free exercise, or compel any of them to execute acts contrary to their will.

7. º Sustraer any kind of armed force to the obedience of the Government.

Article 473.

1. Those who, by inducing the rebels, have promoted or sustain the rebellion, and the chief leaders of the rebellion, will be punished with the imprisonment of fifteen to twenty-five years and absolute disablement for the same time; those who exercise a command subaltern, with that of imprisonment of ten to fifteen years and absolute disablement of ten to fifteen years, and the mere participants, with that of imprisonment of five to ten years and special disablement for employment or public office for six to ten years.

2. If weapons have been wielded, or if there has been combat between the force of his command and the sectors loyal to the legitimate authority, or the rebellion would have wreaked havoc on properties of public or private ownership, cut off telegraphic communications, By telephone, by wave, railway or other class, exercised serious violence against persons, required contributions or distracted the public flows of their legitimate investment, the prison sentences shall be, respectively, twenty-five to thirty years for the first, fifteen to twenty-five years for the second and ten to fifteen years for the last ones.

Article 474.

When the rebellion has not come to be organized with known leaders, they shall be deemed to be those who in fact direct the others, or carry the voice for them, or sign writings issued in their name, or perform other similar acts of address or representation.

Article 475.

They will be punished as rebels with the prison term of five to ten years and absolute disablement for six to twelve years who seduce or allegize troops or any other kind of armed force to commit the crime of rebellion.

If the rebellion will take effect, promoters will be repudiated and will suffer the penalty referred to in Article 473.

Article 476.

1. The military man who will not use the means at his disposal to contain the rebellion in the forces of his command, will be punished with prison sentences of two to five years and absolute disablement from six to ten years.

2. He shall be punished with the same penalties provided for in the previous paragraph in his lower half as the military officer who, having knowledge that it is a matter of committing a crime of rebellion, does not immediately report him to his superiors or to the authorities or officials who, by reason of their position, have an obligation to pursue the offence.

Item 477.

The provocation, the conspiracy and the proposition to commit rebellion will be punished, in addition to the disablement foreseen in the previous articles, with the imprisonment of less than one or two degrees to that of the crime corresponding.

Article 478.

In the case of the establishment of an authority which commits any of the offences provided for in this Chapter, the penalty for disqualification which is provided for in each case shall be replaced by the absolute disablement in time. from 15 to 20 years, unless such circumstance is specifically covered by the criminal type in question.

Article 479.

After the rebellion is manifested, the governmental authority will intimidate the rebels to immediately dissolve and withdraw.

If the subs do not immediately stop their attitude after the intimation, the authority will use the force at their disposal to dissolve them.

The intimation will not be necessary from the moment the rebels break the fire.

Item 480.

1. It will be exempt from punishment that, implicated in a crime of rebellion, I will reveal it in time to avoid its consequences.

2. To the mere enforcers who lay down their arms before they have made use of them, by submitting themselves to the legitimate authorities, they will be subject to the lower prison sentence in grade. The same penalty shall be imposed if the rebels disband or submit to the legitimate authority before or as a result of the intimation.

Article 481.

Particular crimes committed in a rebellion or on the occasion of rebellion shall be punished, respectively, according to the provisions of this Code.

Article 482.

The authorities that have not resisted the rebellion will be punished with the penalty of absolute disablement from twelve to twenty years.

Article 483.

Officials who continue to carry out their posts under the command of the hoarsmen or who, without having admitted to the resignation of their employment, leave it when there is a danger of rebellion, will incur the penalty of special disablement. for employment or public office from six to twelve years.

Article 484.

Those who will accept the use of the rebels will be punished with the penalty of absolute disablement from six to twelve years.

CHAPTER II

Crimes against the Crown

Article 485.

1. The one who will kill the King, or any of his ascendants or descendants, the Queen consort or the consort of the Queen, the Regent or some member of the Regency, or Crown Prince of the Crown, shall be punished with the imprisonment of twenty to twenty-five years.

2. The attempt of the same offence will be punished with the lower penalty to a degree.

3. If two or more aggravating circumstances are present in the offence, the prison sentence of twenty-five to thirty years shall be imposed.

Article 486.

1. The one who will cause the King, or any of his ascendants or descendants, the Queen consort or the consort of the Queen, the Regent or any member of the Regency, or the Crown Prince of the Crown, injuries to those provided for in Article 149, shall be punished with imprisonment of fifteen to twenty years.

If any of the injuries provided for in Article 150 are dealt with, the prison sentence of eight to fifteen years shall be punishable.

2. The one who will cause them any other injury, will be punished with the prison term of four to eight years.

Article 487.

It will be punished with the prison sentence of fifteen to twenty years that I will deprive the King, or any of his ascendants or descendants, the Queen consort or the consort of the Queen, the Regent or some member of the Regency, or the Crown Prince of the Crown, of his personal freedom, except that the facts are punishable by greater punishment in other precepts of this Code.

Article 488.

The provocation, conspiracy and proposition for the offences foreseen in the above articles will be punished with the lower penalty in one or two degrees respectively.

Article 489.

He who with violence or serious intimidation will force the persons referred to in the articles above to execute an act against his will, will be punished with the imprisonment of eight to twelve years.

In the case provided for in the previous paragraph, if violence or intimidation were not serious, the lower penalty will be imposed in grade.

Article 490.

1. The one who will break into violence or intimidation the abode of any of the persons mentioned in the above articles will be punished with the imprisonment of three to six years. If there is no violence or intimidation, it will be two to four years.

2. With the prison term of three to six years it will be punished that I will seriously threaten any of the people mentioned in the previous paragraph, and with the prison term of one to three years if the threat were mild.

3. The one who will slander or insult the King or any of his ascendants or descendants, the Queen consort or the consort of the Queen, the Regent or any member of the Regency, or the Crown Prince of the Crown, in the exercise of their functions or On the occasion or occasion of these, he shall be punished with the imprisonment of six months to two years if the slander or injury were serious, and with that of a fine of six to twelve months if they are not.

Article 491.

1. The slander and slander against any of the persons mentioned in the previous article, and outside of the assumptions provided for therein, will be punished with the penalty of fine of four to twenty months.

2. The penalty shall be imposed for a fine of six to twenty-four months to which I shall use the image of the King or any of his ascendants or descendants, or of the Queen consort or the consort of the Queen, or of the Regent or of any member of the Regency, or of the Crown prince, in any way that could damage the prestige of the Crown.

CHAPTER III

Of crimes against State Institutions and the division of powers

SECTION 1. CRIMES AGAINST STATE INSTITUTIONS

Article 492.

Those who, when they leave the Crown or become disabled their Holder for the exercise of their authority, prevent the General Courts from meeting to appoint the Regency or the guardian of the minor Holder, will be punished with the penalty of imprisonment of 10 to 15 years and absolute disablement for 10 to 15 years, without prejudice to the penalty that could be provided by the commission for other, more serious infringements.

Article 493.

El Salvador] Those who, without publicly speaking, will invade with force, violence or intimidation the seats of the Congress of Deputies, the Senate, or a Legislative Assembly of the Autonomous Community, if they are assembled, will be punished with the penalty. from prison for three to five years.

Article 494.

Incur the imprisonment of six months to one year or fine of twelve to twenty-four months those who promote, direct or preside at demonstrations or other class of meetings in front of the seats of the Congress of Deputies, the Senate, or a Legislative Assembly of Autonomous Community, when they are assembled, altering their normal functioning.

Article 495.

1. Those who, without publicly speaking, carrying weapons or other dangerous instruments, will try to penetrate the seats of the Congress of Deputies, the Senate, or the Legislative Assembly of an Autonomous Community, to present in person or collectively petitions to them, they will incur the prison term of three to five years.

2. The penalty provided for in the preceding paragraph shall be applied in its upper half to those who promote, direct or preside over the group.

Article 496.

El Salvador] The fact that the General Cortes or a Legislative Assembly of the Autonomous Community is seriously injured, finding themselves in session, or any of their commissions in the public acts in which they represent them, will be punished with the penalty of fine from twelve to eighteen months.

The imputed of the unjuries described in the preceding paragraph shall be exempt from penalty if the circumstances provided for in Article 210 are given.

Article 497.

1. They will incur the imprisonment of six months to one year who, without being members of the Congress of Deputies, the Senate or a Legislative Assembly of the Autonomous Community, seriously disturb the order of their sessions.

2. Where the disturbance of the order of the sessions referred to in the previous paragraph is not serious, the penalty shall be imposed for a fine of six to twelve months.

Article 498.

Those who use force, violence, intimidation or serious threat to prevent a member of the Congress of Deputies, the Senate or a Legislative Assembly of the Autonomous Community from attending their meetings, or, for the same reasons They will be punished with the imprisonment of three to five years. The media will be punished with the imprisonment of three to five years.

Item 499.

The public authority or official who will break the inviolability of the General Courts or a Legislative Assembly of Autonomous Community will be punished with the penalties of special disablement for employment or public office. time from 10 to 20 years, without prejudice to those which might correspond to it if the fact constitutes another more serious offence.

Article 500.

The public authority or official who holds a member of the General Courts or a Legislative Assembly of Autonomous Community outside the circumstances or without the requirements established by the current legislation will incur, according to the cases, in the penalties provided for in this Code, imposed in its upper half, and in addition to that of special disablement for employment or public office from six to twelve years.

Article 501.

The judicial authority that will instil or prosecute a member of the General Courts or a Legislative Assembly of Autonomous Community without the requirements established by the current legislation, will be punished with the penalty of special disablement for employment or public office from ten to twenty years.

Article 502.

1. Those who, having been required in legal form and under warning, will cease to appear before a Commission of Inquiry of the General Courts or a Legislative Assembly of Autonomous Community, will be punished as prisoners of the crime of disobedience. If the inmate is a public official or official, he or she shall be further charged with a suspension of employment or public office for a period of six months to two years.

2. At the same time the authority or official shall be liable to prevent the investigation of the Ombudsman, the Court of Auditors or equivalent bodies of the Autonomous Communities, by refusing or unduly delaying the sending of the reports which They shall request or make it difficult to access the files or administrative documentation necessary for such investigation.

3. The one who is summoned before a parliamentary committee of inquiry will be missing the truth in his testimony, will be punished with the imprisonment of six months to a year or fine of six to twelve months.

Article 503.

Will incur the prison term of two to four years:

1. Those who violently invade or intimidate the premises where the Council of Ministers or a Governing Council of the Autonomous Community is constituted.

2. Those who are or by any means put obstacles to the freedom of the Government assembled in the Council or the members of a Government of the Autonomous Community, meeting within the Council, unless the facts are the constitutive of another more serious crime.

Article 504.

Incur the penalty of a fine of twelve to eighteen months that slander, insult or seriously threaten the Government of the Nation, the General Council of the Judiciary, the Constitutional Court, the Supreme Court, or the Council of the Government or the High Court of Justice of an Autonomous Community.

The guilty of slander or slander in accordance with the provisions of the preceding paragraph shall be exempt from penalty if the circumstances provided for, respectively, in Articles 207 and 210 of this Code are given.

The prison sentence of three to five years shall be imposed on those who use force, violence or intimidation to prevent members of such Organisms from attending their respective meetings.

Item 505.

Those who will injure or seriously threaten the Armies, Classes or Corps and Security Forces will be punished with the penalty of a fine of twelve to eighteen months.

The guilty of the unjuries provided for in the preceding paragraph shall be exempt from penalty if the circumstances described in Article 210 of this Code are given.

SECTION 2 OF THE USURPATION OF PRIVILEGES

Item 506.

The public authority or official who, lacking any powers to do so, will dictate a general provision or suspend its execution, will be punished with the imprisonment of one to three years, fine of six to twelve months and Special disablement for employment or public office for six to twelve years.

Item 507.

The Judge or Magistrate who will be arroganized administrative powers of which he will be lacking, or will prevent his legitimate exercise for whom he will hold them, will be punished with the imprisonment of six months to one year, fine of three to six months and suspension of employment or public office for one to three years.

Item 508.

1. The public authority or official who shall have jurisdiction or shall prevent the execution of a judgment given by the competent judicial authority shall be punishable by imprisonment from six months to one year, a fine of three to eight months and suspension of employment or public office for one to three years.

2. The administrative or military official or official who will be against the independence of the Judges or Magistrates, guaranteed by the Constitution, directing them instruction, order or intimation regarding causes or actions they are aware of, will be punished with the imprisonment of one to two years, fine of four to ten months and special disablement for employment or public office for two to six years.

Article 509.

The Judge or Magistrate, the authority or the public official who, legally required to inhibit, will continue to proceed without waiting for the corresponding judicial dispute to be decided, except in the cases permitted by the Law, will be punished with the penalty of fine of three to ten months and special disablement for employment or public office for six months to a year.

CHAPTER IV

Of offences relating to the exercise of fundamental rights and public freedoms and the duty to comply with the replacement social provision

SECTION 1 OF OFFENCES COMMITTED ON THE OCCASION OF THE EXERCISE OF FUNDAMENTAL RIGHTS AND PUBLIC FREEDOMS GUARANTEED BY THE CONSTITUTION

Article 510.

1. Those who provoke discrimination, hatred or violence against groups or associations, for racist, anti-Semitic or other reasons related to ideology, religion or beliefs, family situation, membership of their members race, their national origin, their sex, sexual orientation, illness or disability, they will be punished with the imprisonment of one to three years and fine of six to twelve months.

2. Those who, with knowledge of their falsehood or reckless disregard for the truth, will be punished with the same penalty, will spread the unlegal information about groups or associations in relation to their ideology, religion or beliefs, the membership of their members to an ethnicity or race, their national origin, their sex, sexual orientation, illness or disability.

Article 511.

1. He shall be sentenced to imprisonment of six months to two years and a fine of 12 to 24 months and a special disqualification for employment or public office for a period of one to three years, the person in charge of a public service denying a person a benefit to which you are entitled by reason of your ideology, religion or belief, your membership of an ethnicity or race, your national origin, sex, sexual orientation, family situation, illness or disability.

2. The same penalties shall apply when the facts are committed against an association, foundation, corporation or corporation or against its members by reason of their ideology, religion or belief, the membership of their members or any of them to an ethnic group. or race, national origin, sex, sexual orientation, family situation, illness or disability.

3. Public servants who make any of the facts provided for in this Article shall be subject to the same penalties in their upper half and in that of special disablement for employment or public office for two to four years.

Article 512.

Those who, in the exercise of their professional or business activities, deny a person a benefit to which they are entitled by reason of their ideology, religion or belief, their membership of an ethnic, race or nation, their sex, sexual orientation, family situation, illness or disability, shall be the penalty of special disablement for the pursuit of a profession, trade, industry or trade, for a period of one to four years.

Article 513.

Unlawful meetings or demonstrations are punishable, and they have such consideration:

1. º to be held in order to commit a crime.

2. Aquellas to which people with weapons, explosive devices, or otherwise dangerous objects are present.

Article 514.

1. The promoters or directors of any meeting or event within the meaning of the first paragraph of Article 1 and those who, in relation to the number 2. of the previous Article, have not sought to prevent by all means at their disposal the circumstances in which they are They shall be subject to prison sentences of one to three years and a fine of 12 to 24 months. For these purposes, directors or promoters of the meeting or demonstration shall be deemed to be the ones who call or preside.

2. Attendees at a meeting or demonstration carrying weapons or other equally dangerous means will be punished with the prison term of one to two years and fine of six to twelve months. The Judges or Courts, taking into account the background of the subject, circumstances of the case and the characteristics of the weapon or instrument carried, may reduce the penalty to a degree.

3. Persons who, on the occasion of a meeting or demonstration, carry out acts of violence against the authority, their agents, persons or public or private property, shall be punished with the penalty that their crime corresponds, in their upper half.

Article 515.

Illicit associations are punishable, taking such consideration:

1. º Those that are intended to commit a crime or, after constituted, promote their commission.

2. The armed bands, organizations or terrorist groups.

3. The ones that, even having as their object a lawful end, employ violent means or alteration or control of the personality for their achievement.

4. Paramilitary organizations.

5. º Those that promote discrimination, hatred or violence against persons, groups or associations on the grounds of their ideology, religion or belief, the membership of their members or any of them to an ethnicity, race or nation, their sex, sexual orientation, family situation, illness or disability, or incite to it.

Article 516.

In the cases provided for in the number 2. of the previous article, the following penalties shall be imposed:

1. The promoters and directors of armed gangs and terrorist organizations, and those who lead

any of its groups, those in prison for eight to fourteen years and for special disablement for employment or public office for eight to fifteen years.

2. The members of the aforementioned organizations, the prison of six to twelve years, and special disablement for employment or public office for ages of six to fourteen years.

Article 517.

In the cases provided for in the numbers 1. and 3. to 5. of Article 515, the following penalties shall be imposed:

1. The founders, directors and presidents of the associations, those in prison for two to four years, fine of twelve to twenty-four months and special disablement for employment or public office for six to twelve years.

2. To active members, those in prison for one to three years and fine of twelve to twenty-four months.

Article 518.

Those who, with their economic cooperation or any other class, in any event relevant, favor the foundation, organization or activity of the associations included in the numbers 1 and 3. prison sentences of one to three years, fine of twelve to twenty-four months, and special disablement for employment or public office for one to four years.

Article 519.

The provocation, the conspiracy and the proposal to commit the offence of unlawful association shall be punished with the lesser penalty in one or two degrees to which it corresponds, respectively, to the facts provided for in the articles above.

Item 520.

The Judges or Courts, in the cases provided for in Article 515, shall agree to the dissolution of the unlawful association and, where appropriate, any other of the ancillary consequences of Article 129 of this Code.

Article 521.

In the offence of unlawful association, if the inmate is an official, agent of this or public official, he shall be imposed, in addition to the penalties indicated, the one of absolute disablement of ten to fifteen years.

SECTION 2 OF CRIMES AGAINST FREEDOM OF CONSCIENCE, RELIGIOUS SENTIMENTS AND RESPECT FOR THE DECEASED

Article 522.

Incur penalty of fine of four to ten months:

1. Those who, through violence, intimidation, force or any other illegitimate award, prevent a member or members of a religious confession from practicing the acts of their own beliefs, or assisting them. same.

2. º. Those who by equal means force another or others to practice or attend acts of worship or rites, or to perform revealing acts of professing or not to profess a religion, or to move the one they profess.

Article 523.

He who, with violence, threat, tumult or way of fact, will prevent, interrupt or disturb the acts, functions, ceremonies or manifestations of the religious confessions inscribed in the corresponding public register of the Ministry of Justice and Home Affairs, will be punished with the imprisonment of six months to six years, if the fact has been committed instead destined to the cult, and with the fine of four to ten months if it is carried out anywhere else.

Article 524.

The one who in temple, place destined for worship or in religious ceremonies, will execute acts of desecration in offense of the religious feelings legally tutored, will be punished with the imprisonment of six months to a year or fine four to ten months.

Item 525.

1. They shall incur the penalty of fine of eight to twelve months which, in order to offend the feelings of members of a religious confession, make publicly, in writing, in writing or by any kind of document, beetle of their dogmas, beliefs, rites or ceremonies, or vexen, also publicly, to those who profess or practice them.

2. In the same penalties, those who make publicly escarpment, in writing or in writing, from those who do not profess religion or belief, will incur.

Article 526.

The one who, disrespecting due to the memory of the dead, will violate the graves or graves, defile a corpse or his ashes or, in the spirit of outrage, destroy, alter or damage the funerary urns, pantoons, tombstones, or niches, will be punished with the penalty of arrest of twelve to twenty-four weekends and fine of three to six months.

SECTION 3 OF CRIMES AGAINST THE DUTY TO COMPLY WITH THE REPLACEMENT SOCIAL BENEFIT

Article 527.

It will be punished with the penalty of absolute disablement for time of eight to twelve years and fine of twelve to twenty-four months the objector that, without fair cause:

1. Call for compliance with the service assigned to you, I will cease to appear, delaying your incorporation for longer than one month.

2. Halls incorporated into the said service, I shall cease to attend it for more than twenty consecutive or thirty non-consecutive days.

3. Incorporate for the fulfillment of the replacement social benefit, it will be explicitly denied or by conclusive acts to fulfill it.

The disablement shall include the inability to perform any employment or service of any of the Administrations, entities or public undertakings or their Autonomous Bodies, and to obtain grants, scholarships or public aid of any kind.

After the sentence imposed, the penalty will be exempt from the performance of the benefit.

Article 528.

Where there is evidence that the conscientious objection has been falsely claimed, the conduct described in the previous article shall be punishable by the penalties of Article 604 in its superior half.

CHAPTER V

Of crimes committed by civil servants against constitutional guarantees

SECTION 1 OF CRIMES COMMITTED BY CIVIL SERVANTS AGAINST INDIVIDUAL FREEDOM

Article 529.

1. The Judge or Magistrate who will give a criminal cause to another authority or official, military or administrative, who is unlawfully claimed, shall be punished with the penalty of special disablement for employment or public office for a period of six months two years.

2. If you also hand over the person of a detainee, you will be given the higher penalty in grade.

Article 530.

The public authority or official who, by means of a crime, shall agree, practice or prolong any deprivation of liberty of a detainee, prisoner or sentenced, in violation of the time limits or other constitutional guarantees or legal, will be punished with the penalty of special disablement for employment or public office for four to eight years.

Article 531.

The public authority or official who, mediating the cause of crime, decretards, practices or prolongs the incommunicado of a detainee, prisoner or sentenced, with violation of the deadlines or other constitutional or legal guarantees, shall be punished with the penalty of special disablement for employment or public office for two to six years.

Article 532.

If the facts described in the previous two articles are committed by gross recklessness, they will be punished with the penalty of suspension of employment or public office for a period of six months to two years.

Article 533.

The prison officer or child protection or correction centers that imputed the inmates or internal sanctions or undue hardship, or will use them for unnecessary rigor, will be punished with the punishment of Special disablement for employment or public office for two to six years.

SECTION 2 OF CRIMES COMMITTED BY CIVIL SERVANTS AGAINST HOME INVIOLABILITY AND OTHER GUARANTEES OF PRIVACY

Article 534.

1. He shall be punished with the penalties of fine of six to twelve months and special disablement for employment or public office of two to six years the public authority or official who, mediating cause for crime, and without respecting the constitutional guarantees or legal:

1. Enter into a home without the consent of the morador.

2. Record the papers or documents of a person or the effects found at his or her home, unless the owner has freely given his consent.

If you do not return to the owner, immediately after registration, the papers, documents and effects recorded, the penalties shall be those of special disablement for employment or public office from six to twelve years and fine of twelve to Twenty-four months, without prejudice to the penalty that may correspond to the appropriation.

2. The public authority or official who, on the occasion of lawful registration of papers, documents or effects of a person, commits any unjust abuse or unnecessary harm in his property, shall be punished with the penalties provided for these facts, imposed in its upper half, and, in addition, with the penalty of special disablement for employment or public office for two to six years.

Article 535.

The public authority or official who, mediating the cause of crime, will intercept any kind of private, postal or telegraphic correspondence, in violation of the constitutional or legal guarantees, will incur the Special disablement for employment or public office from two to six years.

If you disclose or disclose the information obtained, the special disablement penalty shall be imposed, in its upper half, and, in addition, the penalty of a fine of six to eighteen months.

Article 536.

The authority, public official or agent of these who, by means of a crime, will intercept the telecommunications or use technical devices to listen, transmit, write or reproduce the sound, the image or any other sign of communication, with violation of constitutional or legal guarantees, will incur the penalty of special disablement for employment or public office from two to six years.

If you disclose or disclose the information obtained, special disablement penalties will be imposed, in your upper half and, in addition, the penalty of six to eighteen months.

SECTION 3 OF CRIMES COMMITTED BY CIVIL SERVANTS AGAINST OTHER INDIVIDUAL RIGHTS

Article 537.

The public authority or civil servant who prevents or impedes the right to assistance of a lawyer to the detainee or prisoner, seeks or favors the waiver of such assistance or does not inform him immediately and in such a way as to He will be punished with the penalty of a fine of four to ten months and a special disqualification for employment or public office from two to four years.

Article 538.

The public authority or official establishing prior censorship or, outside of the cases permitted by the Constitution and the Laws, collecting editions of books or newspapers or suspending their publication or the dissemination of any issue radiotelevisiva, will incur the penalty of absolute disablement from six to ten years.

Article 539.

The public authority or official that dissolves or suspends in its activities a legally constituted association, without prior judicial resolution, or without legitimate cause prevents it from holding its sessions, will be punished with the penalty for special disablement for employment or public office from eight to twelve years and a fine of six to twelve months.

Article 540.

The public authority or official who prohibits a peaceful assembly or dissolves it outside of the cases expressly permitted by the Laws, shall be punished with the penalty of special disablement for employment or public office of four to eight years and a fine of six to nine months.

Article 541.

The public authority or official who expropriates a person from his or her property outside the permitted cases and without complying with the legal requirements, will incur the penalties of special disablement for employment or public office of one to four years and a fine of six to twelve months.

Article 542.

Incur the penalty of special disablement for employment or public office for one to four years the authority or public officer who knowingly prevents a person from exercising other recognized civic rights by the Constitution and the Laws.

CHAPTER VI

From the outrages to Spain

Article 543.

The offenses or outrages of words, in writing or in fact to Spain, to its Autonomous Communities or to its symbols or emblems, made with publicity, shall be punished with the penalty of fine of seven to twelve months.

TITLE XXII

Crimes against Public Order

CHAPTER I

Editing

Article 544.

They are prisoners of sedition who, without being included in the crime of rebellion, are publicly and tumultuous to prevent, by force or outside the legal channels, the application of the Laws or any authority, corporation official or public official, the legitimate exercise of their functions or the fulfilment of their agreements, or administrative or judicial decisions.

Article 545.

1. Those who have induced, sustained or directed sedition or appear in it as their principal authors, will be punished with the imprisonment of eight to ten years, and with that of ten to fifteen years, if they were persons constituted in authority. In both cases, the absolute disablement will also be imposed for the same time.

2. Out of these cases, four to eight years ' imprisonment will be imposed, and the one for special disablement for employment or public office for four to eight years.

Article 546.

The provisions of Article 474 apply to the case of sedition when the case has not been arranged with known bosses.

Article 547.

In the event that the sedition has not been in a serious way to obstruct the exercise of the public authority and has not caused the perpetration of another crime to which the Law indicates serious penalties, the Judges or Courts reduce by one or two degrees the penalties identified in this chapter.

Article 548.

The provocation, the conspiracy and the proposition for sedition will be punished with the lesser penalties in one or two degrees to the intended ones, except that it will have effect the sedition, in which case it will be punished with the penalty referred to in the first paragraph of Article 545, and the authors shall be deemed to be promoters.

Article 549.

The provisions of Articles 479 to 484 are also applicable to the offence of sedition.

CHAPTER II

Of the attacks against the authority, its agents and civil servants, and the resistance and disobedience

Article 550.

They are the victims of attack, those who commit the authority, their agents or public officials, or use force against them, seriously intimidate them or actively resist them, when they are executing the duties of his or her posts or on their occasion.

Article 551.

1. The attacks referred to in the previous article will be punishable by imprisonment of two to four years and a fine of three to six months if the attack was against authority and imprisonment of one to three years in other cases.

2. By way of derogation from the previous paragraph, if the authority against which it is served is a member of the Government, of the Councils of Government of the Autonomous Communities, of the Congress of Deputies, of the Senate or of the Legislative Assemblies of The Autonomous Communities, the General Council of the Judiciary or the Magistrate of the Constitutional Court, will impose the sentence of imprisonment of four to six years and fine of six to twelve months.

Item 552.

The maximum penalties shall be imposed in degree to the respective ones provided for in the previous article provided that one of the following circumstances occurs in the attack:

1. If the aggression is verified with weapons or other dangerous means.

2. If the author of the event is prevalorise to his status as an authority, agent or public official.

Article 553.

Provocation, conspiracy, and proposition for any of the offences provided for in the foregoing articles shall be punishable by a penalty of less than one or two degrees to that of the corresponding offence.

Article 554.

1. The person who maltreatment works or makes serious active resistance to armed force in the exercise of his or her duties shall be punished by the penalties laid down in Articles 551 and 552, in their respective cases.

2. For these purposes, military personnel who, wearing uniform, provide a service that is legally entrusted to the Armed Forces and have been regulated to them, will be understood by armed force.

Article 555.

The penalties provided for in Articles 551 and 552 shall be imposed to a lesser extent, in their respective cases, to those who undertake or intimidate persons who come to the aid of the authority, their agents or officials.

Article 556.

Those who, without being included in Article 550, resist the authority or their agents, or are seriously disobeyed, in the performance of their duties, shall be punished with the imprisonment of six months to one year.

CHAPTER III

From Public Disorders

Article 557.

It will be punishable by imprisonment of six months to three years for those who, acting as a group, and in order to attack public peace, alter public order causing injury to the people, causing damage to the public. property, hindering public roads or access to them in a dangerous manner for which they circulate, or by invading installations or buildings, without prejudice to any penalties which may be of a kind to them in accordance with other provisions of this Regulation Code.

Article 558.

They will be punished with the penalty of arrest of seven to twenty-four weekends or fine of three to twelve months, those who seriously disturb the order in the hearing of a Court or Court, in the public acts of any authority or corporation, in electoral college, office or public establishment, teaching centre, or on the occasion of sporting or cultural events.

Article 559.

Those who seriously disturb the public order in order to prevent any person from exercising their civic rights will be punished with the penalties of fine of three to twelve months and of special disablement for the right of Passive suffrage for two to six years.

Article 560.

1. Those who cause damages that interrupt, hinder or destroy lines or telecommunications facilities or postal correspondence, will be punished with the prison term of one to five years.

2. In the same sentence, those causing damage to the railway or causing serious damage to the railway traffic in any of the forms provided for in Article 382 shall be incurred.

3. The same penalty shall be imposed on those who damage the conduct or transmission of water, gas or electricity to the populations, seriously disrupting or altering the supply or service.

Article 561.

The one who, in the spirit of attacking public peace, falsely claims the existence of explosive devices or others that can cause the same effect, will be punished with the imprisonment of six months to a year or a fine of six to eighteen months, attended to the alarm or alteration of the order effectively produced.

CHAPTER IV

Common disposition to previous chapters

Article 562.

In the case of the establishment of an authority which commits any of the offences expressed in the preceding chapters of this Title, the penalty for disqualification which is provided for in each case shall be replaced by the absolute disablement for 10 to 15 years, unless that circumstance is specifically referred to in the criminal type in question.

CHAPTER V

Of the possession, trafficking and deposition of weapons, ammunition or explosives and terrorist offences

SECTION 1 OF THE HOLDING, TRAFFICKING AND DEPOSITION OF ARMS, AMMUNITION OR EXPLOSIVES

Item 563.

The possession of prohibited weapons and those resulting from the substantial modification of the manufacturing characteristics of regulated weapons will be punishable by imprisonment of one to three years.

Article 564.

1. The possession of regulated firearms, lacking the necessary licenses or permits, will be punished:

1. With the prison term of one to two years, if it is short arms.

2. º With the prison term of six months to one year, if it is long weapons.

2. The offences referred to in the preceding number shall be punishable, respectively, with prison sentences of two to three years and one to two years, where one of the following circumstances is present:

1. That weapons lack factory or number marks, or have them altered or erased.

2. That they have been illegally introduced into Spanish territory.

3. That they have been transformed, modifying their original characteristics.

Article 565.

The Judges or Courts may reduce to a degree the penalties mentioned in the previous articles, provided that due to the circumstances of the fact and the guilty one is evidenced by the lack of intent to use the weapons for illicit purposes.

Article 566.

Those who manufacture, market or establish weapons or ammunition deposits not authorized by the Laws or the competent authority shall be punished:

1. No. If it is weapons or munitions of war or chemical weapons with the prison term of five to ten years the promoters and organizers, and with that of prison of three to five years those who have cooperated to their formation.

2. "Yes". If they are regulated firearms or ammunition for the same, with the imprisonment of two to four years the promoters and organizers, and with the prison term of six months to two years those who have cooperated with their training.

3. The same penalties shall be punishable, in their respective cases, for the trafficking of weapons or ammunition of war or of defense, or of chemical weapons.

Article 567.

1. Weapons of war are considered to be the manufacture, marketing or possession of any such weapons, regardless of their model or class, even if they are in disassembled parts. The manufacture, placing on the market or holding of chemical weapons is considered to be chemical weapons.

2. Weapons of war are considered to be determined as such in the National Defense regulatory provisions. Chemical weapons are considered to be determined as such in the Treaties or International Conventions in which Spain is a party.

3. The manufacture, placing on the market or meeting of five or more of those weapons is considered to be regulated firearms, even if they are in disassembled parts.

4. With regard to ammunition, the Judges and Courts, taking into account the quantity and class of ammunition, shall declare whether they constitute a deposit for the purposes of this Chapter.

Article 568.

The holding or deposition of explosive, flammable, incendiary or suffocating substances or devices, or their components, as well as their manufacture, traffic or transport, or supply of any form, not authorized by the Laws or the competent authority, shall be punishable by imprisonment of four to eight years, in the case of its promoters and organisers, and with the imprisonment of three to five years for which they have cooperated in their training.

Article 569.

Deposits of arms, ammunition or explosives established in the name or on behalf of a criminal association shall determine the judicial declaration of ilicitude and its consequent dissolution.

Item 570.

In the cases provided for in this chapter, if the offender is authorized to manufacture or traffic with any or some of the substances, weapons and ammunition mentioned therein, he/she will suffer, in addition to the penalties identified, that of special disablement for the exercise of your industry or trade for twelve to twenty years.

SECTION 2 OF TERRORISM OFFENCES

Article 571.

Those who belong, acting in the service or collaborating with armed bands, organizations or groups whose purpose is to subvert the constitutional order or to seriously alter public peace, commit the crimes of havoc or (a) fire under Articles 346 and 351, respectively, shall be punishable by imprisonment of 15 to 20 years, without prejudice to the appropriate penalty if injury to the life, physical integrity or health of the persons concerned occurs. people.

Article 572.

1. Those who belong, acting in the service or collaborating with the armed bands, organisations or terrorist groups described in the previous article, will engage against the people, they will incur:

1. º In the prison sentence of twenty to thirty years if they cause the death of a person.

2. º In the prison sentence of fifteen to twenty years if they cause injuries of those provided for in Articles 149 and 150 or will kidnap a person.

3. In the prison sentence of ten to fifteen years if they cause any other injury or stop illegally, they will threaten or coerce a person.

2. If the facts are carried out against the persons referred to in Article 551 (2) or against members of the Armed Forces, the Forces and the State Security Corps, the Police of the Autonomous Communities or the local Entes, will impose the penalty on its top half.

Article 573.

The deposit of arms or ammunition or the holding or deposition of explosive, flammable, incendiary or suffocating substances or devices, or of their components, as well as their manufacture, traffic, transport or supply of any form, and the mere placement or use of such substances or appropriate means or artifices, shall be punishable by imprisonment of six to ten years when such acts are committed by those who belong, act in the service or collaborate with the armed bands, organisations or terrorist groups described in the above articles.

Article 574.

Those who belong, acting in the service or collaborating with armed bands, terrorist organizations or groups, commit any other infraction with any of the purposes set out in Article 571, shall be punished with the Penalty indicated to the offense or fault executed in its top half.

Article 575.

Those who, in order to make funds for the armed bands, organizations or terrorist groups mentioned above, or for the purpose of favoring their purposes, will be punished with the punishment. to the extent to which it corresponds to the offence committed, without prejudice to those which it is necessary to impose in accordance with the provisions of the following Article by the act of collaboration.

Article 576.

1. It shall be punishable by imprisonment of five to ten years and a fine of eighteen to twenty-four months for any act of collaboration with the activities or purposes of an armed gang, organisation or group, to be carried out, held or facilitated. terrorist.

2. Acts of collaboration shall be the information or surveillance of persons, property or facilities; the construction, conditioning, disposal or use of accommodation or deposits; the concealment or transfer of persons linked to the bands the organisation of training practices or assistance to them, and in general any other equivalent form of cooperation, aid or mediation, economic or otherwise, with the activities of the cited armed gangs, organizations or terrorist groups.

Where the information or surveillance of persons referred to in the preceding paragraph endangers the life, physical integrity, freedom or heritage of those persons, the penalty provided for in paragraph 1 shall be imposed. above. If the risk is to be executed, the event will be punished as co-authorship or complicity, as the case may be.

Item 577.

Those who, without belonging to an armed gang, organization or terrorist group, and in order to subvert the constitutional order or to seriously alter public peace, commit homicides, injuries of the typified in the Articles 149 or 150, unlawful detention, kidnapping, threats or coercion against persons, or carrying out any crimes of fire, damage or possession, trafficking and deposits of arms or ammunition, shall be punishable by corresponds to the fact committed, in its top half.

Article 578.

The provocation, the conspiracy and the proposal to commit the offences provided for in Articles 571 to 577, shall be punishable by a penalty of less than one or two degrees, corresponding to the facts provided for in the previous articles.

Article 579.

In the offences provided for in this section, the Judges and Courts, reasoning in judgment, may impose the lesser penalty in one or two degrees to the one indicated by the Law for the offence in question, when the subject has abandoned voluntarily their criminal activities and present themselves to the authorities confessing the facts in which they have participated and in addition actively collaborate with them to prevent the production of the crime or to contribute effectively to the obtaining of tests decisive for the identification or capture of other persons responsible or for preventing action or development of armed bands, organisations or terrorist groups to which it has belonged or with which it has collaborated.

Item 580.

In all crimes related to the activity of armed gangs, terrorist organizations or groups, the conviction of a foreign judge or tribunal shall be equal to the sentences of the Spanish Judges or Courts to the effects of the application of the recidivism aggravation.

TITLE XXIII

From crimes of treason and against peace or independence of the State and relative to National Defense

CHAPTER I

Treason crimes

Article 581.

The Spanish that I would bring to a foreign power to declare war on Spain or will be concerned with it for the same purpose, will be punished with the prison sentence of fifteen to twenty years.

Article 582.

He will be punished with the prison term of twelve to twenty years:

1. The Spanish that provides the enemy with the entry into Spain, the taking of a square, a military post, a ship or an aircraft of the State or warehouses of intrend or armament.

2. The Spanish that seduces or allégé Spanish troops or that is in the service of Spain, so that you pass to the enemy ranks or throw away your flags being on the campaign trail.

3. Spanish to recruit people or provide weapons or other effective means to wage war on Spain, under enemy flags.

Article 583.

He will be punished with the prison term of twelve to twenty years:

1. The Spanish who takes up arms against the Fatherland under enemy flags.

The higher penalty shall be imposed to the extent to which it covers as chief or promoter, or has any command, or is constituted in authority.

2. The Spanish that supplies the enemy troops with flow, weapons, vessels, aircraft, effects or ammunition of the intrend or weapons or other direct and effective means to harass Spain, or to promote the progress of the enemy weapons in a way not understood in the previous article.

3. The Spanish that provides the enemy with plans of fortresses, buildings or grounds, documents or news that lead directly to the same purpose of harassing Spain or to favor the progress of the enemy weapons.

4. Spanish which, in time of war, prevents the national troops from receiving the aid expressed in the number 2. º or the data and news indicated in the number 3. of this article.

Article 584.

The Spanish which, for the purpose of favouring a foreign power, association or international organization, is sought, falsée, inuse or disclose classified information as reserved or secret, liable to harm the national security or national defense, will be punished, as a traitor, with the prison term of six to twelve years.

Article 585.

The provocation, conspiracy and proposition for any of the offences foreseen in the previous articles of this chapter, will be punished with the imprisonment of less than one or two degrees to that of the offence corresponding.

Article 586.

A foreign resident in Spain who committed any of the offences included in this chapter shall be punished with the lower penalty to that indicated for them, except as provided for by Treaties or by the law of persons. about diplomatic, consular and international organizations.

Item 587.

The penalties mentioned in the previous articles of this chapter are applicable to those who commit the crimes against an allied power of Spain, in the event of a campaign against the enemy common.

Article 588.

The members of the government who, without complying with the provisions of the Constitution, will declare war or sign peace, will incur the prison sentence of fifteen to twenty years.

CHAPTER II

Crimes that compromise peace or state independence

Article 589.

The one that will publish or execute in Spain any order, disposition or document of a foreign government that atents against the independence or security of the State, opposes the observance of its Laws or causes its non-compliance, will be punished with the prison term of one to three years.

Article 590.

1. The fact that, with unlawful acts or which are not duly authorized, will cause or cause a declaration of war against Spain by another power, or will expose the Spaniards to experience vexations or reprisals in their persons or in their property, will be punished with the imprisonment of eight to fifteen years if it is authority or official, and four to eight if it is not.

2. If the war is not to be declared or to have an effect on the abuse or retaliation, the lower immediate penalty shall be imposed.

Article 591.

With the same penalties mentioned in the previous article, it will be punished, in their respective cases, that during a war in which Spain does not intervene, I will execute any act that compromises the neutrality of the State or infringes the provisions published by the Government to maintain it.

Article 592.

1. Those who, in order to harm the authority of the State or to compromise the dignity or the vital interests of Spain, will be punished with the imprisonment of four to eight years, maintaining intelligence or relations of any kind with governments. foreigners, with their agents or with international or foreign groups, organizations or associations.

2. Who shall perform the acts referred to in the previous paragraph with the intention of causing a war or rebellion shall be punished according to Articles 581, 473 or 475 of this Code as the case may be.

Article 593.

The prison sentence of eight to fifteen years will be imposed on those who violate a truce or armistice agreed between the Spanish Nation and another enemy, or between their belligerent forces.

Article 594.

1. The Spanish who, in time of war, will communicate or make circular news or false rumors aimed at harming the credit of the State or the interests of the Nation, will be punished with the prison sentences of six months to two years.

2. In the same penalties, the foreigner who in the Spanish territory will carry out any of the facts included in the previous paragraph.

Article 595.

The one who, without authorization legally granted, will raise troops in Spain for the service of a foreign power, whatever object is proposed or the Nation that it tries to harass, will be punished with the punishment of four to eight years imprisonment.

Article 596.

1. The one who, in time of war and in order to compromise peace, security or independence of the State, would have correspondence with an enemy country or occupied by his troops when the Government would have prohibited him, will be punished with the imprisonment of one to five years. If the correspondence were given notices or news that the enemy could take advantage of, the prison sentence of eight to fifteen years will be imposed.

2. At the same time, you will be able to execute the crimes referred to in this article, even if you direct correspondence by friend or neutral country to circumvent the law.

3. If the inmate intends to serve the enemy with his or her notices or news, it shall be estimated at number 3. or No. 4. of Article 583.

Article 597.

The Spanish or foreign who, being in the national territory, will pass or try to pass to enemy country when the Government has prohibited it, will be punished with the penalty of fine of six to twelve months.

CHAPTER III

From crimes relating to national defence

SECTION 1 OF THE DISCOVERY AND DISCLOSURE OF SECRETS AND INFORMATION REGARDING NATIONAL DEFENSE

Article 598.

Which, without the purpose of favoring a foreign power, will be sought, revealed, distorted or will not use information legally qualified as reserved or secret, related to national security or national defense or concerning the technical means or systems employed by the Armed Forces or the industries of military interest, will be punished with the imprisonment of one to four years.

Article 599.

The penalty set in the previous article will be applied in its top half when any of the following circumstances are present:

1. º That the active subject is a depositary or connoisseur of secrecy or information by reason of his or her position or destination.

2. The disclosure would consist of giving publicity to secrecy or information in some social media or in such a way as to ensure its dissemination.

Article 600.

1. The person who without authorization expresses any plans or documentation concerning zones, installations or military materials that are of restricted access and whose knowledge is protected and reserved by a legally qualified information such as reserved or secret, will be punished with imprisonment of six months to three years.

2. With the same penalty it shall be punished that has in its possession objects or information legally qualified as reserved or secret, relating to security or national defense, without complying with the provisions laid down in the legislation in force.

Article 601.

Which, by reason of its office, commission or service, has in its possession or officially knows objects or information legally qualified as reserved or secret or of military interest, relating to national security or defense national, and because of serious recklessness of a place to which they are known to persons not authorized or disclosed, published or misused, shall be punishable by imprisonment from six months to one year.

Article 602.

The one who will discover, violate, disclose, provoke or use information legally qualified as a secret or secret nuclear related, will be punished with the imprisonment of six months to three years, except that the made have more severe penalty in another Act.

Article 603.

The one that destroys, will not use, will distort or open without authorization the correspondence or documentation legally qualified as reserved or secret, related to the national defense and that has in its power for reasons of its position or destination, shall be punished with the imprisonment of two to five years and a special disablement of employment or public office for three to six years.

SECTION 2 OF CRIMES AGAINST THE DUTY TO PROVIDE MILITARY SERVICE

Article 604.

The one who, legally cited for the fulfillment of the Military Service, will not be present without justified cause, delaying his incorporation to the same one for longer than one month, or, not having been incorporated even to the Armed Forces, explicitly in the file its refusal to comply with the said service without any legal cause, will be punished with the penalty of six months to two years of imprisonment and absolute disablement for ten to fourteen years in time of peace, and two to four years in prison and ten to fourteen years of absolute disablement, in time of war.

The disablement shall include the inability to perform any employment or position at the service of the Administrations, public entities or companies or their Autonomous Bodies and to obtain grants, scholarships or public aid any type.

Once the sentence imposed, the penalty will be exempt from the Military Service, except in the case of war mobilization.

TITLE XXIV

Crimes against the International Community

CHAPTER I

Crimes against the Right of People

Article 605.

1. The one who will kill the Head of a foreign State, or another person internationally protected by a Treaty, which is in Spain, will be punished with the imprisonment of twenty to twenty-five years. If two or more aggravating circumstances are present in the event, the prison sentence of twenty-five to thirty years shall be imposed.

2. The person who causes injury to the persons referred to in the preceding paragraph in Article 149 shall be punished with the imprisonment of fifteen to twenty years.

If any of the injuries provided for in Article 150 are dealt with, it will be punishable by imprisonment of eight to fifteen years, and four to eight years if any other injury.

3. Any other offence committed against the persons mentioned in the preceding numbers, or against the official premises, the particular residence or means of transport of such persons, shall be punishable by the penalties laid down in this Code. for the respective offenses, in their top half.

Article 606.

1. The one who will violate the personal immunity of the Chief of another State or another person internationally protected by a Treaty, will be punished with the imprisonment of six months to three years.

2. Where the offences referred to in this Article and in the previous article do not have a mutual penalty in the laws of the country to which the persons concerned correspond, the offender shall be charged with the offence which would be the offence, according to the provisions of this Code, if the person concerned does not have the official character referred to in the previous paragraph.

CHAPTER II

Genocide crimes

Article 607.

1. Those who, for the purpose of totally or partially destroying a national, ethnic, racial or religious group, shall carry out any of the following acts, shall be punished:

1. With the prison sentence of fifteen to twenty years, if they kill any of their members.

If two or more aggravating circumstances are present, the higher penalty will be imposed in grade.

2. With the prison of fifteen to twenty years, if they sexually assaulted any of its members or produced any of the injuries provided for in Article 149.

3. With the prison of eight to fifteen years, if they submit to the group or any of their individuals to conditions of existence that endanger their life or seriously disturb their health, or when they produce some of the injuries provided for in Article 150.

4. With the same penalty, if they carry out forced displacements of the group or its members, they will adopt any measure that tends to impede their gender of life or reproduction, or they will transfer by force individuals from a group to other.

5. With the imprisonment of four to eight years, if you produce any other injury other than those mentioned in the numbers 2. º and 3. of this section.

2. Dissemination by any means of ideas or doctrines which deny or justify the offences established in the previous paragraph of this Article, or seek the rehabilitation of schemes or institutions which provide for their generating practices, will be punished with the prison term of one to two years.

CHAPTER III

Of crimes against persons and property protected in the event of armed conflict

Article 608.

For the purposes of this chapter, protected persons shall be understood:

1. The injured, sick or shipwrecked and the health or religious personnel, protected by the I and II Geneva Conventions of 12 August 1949 or by the Additional Protocol I of 8 June 1977.

2. The prisoners of war protected by the Third Geneva Convention of 12 August 1949 or by Additional Protocol I of 8 June 1977.

3. The civil population and the civil persons protected by the Fourth Geneva Convention of 12 August 1949 or by Additional Protocol I of 8 June 1977.

4. Persons out of combat and the staff of the Protective Power and their replacement protected by the Geneva Conventions of 12 August 1949 or by Additional Protocol I of 8 June 1977.

5. The Members of Parliament and the persons accompanying them, protected by Convention II of the Hague of 29 July 1899.

6. Any other who has that condition under Additional Protocol II of 8 June 1977 or any other international treaties in which Spain is a party.

Article 609.

Which, on the occasion of an armed conflict, maltreatment of work or seriously endanger the life, health or integrity of any protected person, makes it subject to torture or inhuman treatment, including experiments biological, cause great suffering or subject it to any medical act that is not indicated by its state of health or in accordance with the generally recognized medical standards that the Party responsible for the performance would apply, in analogous medical circumstances, to his own nationals not deprived of liberty, will be punished with the prison sentence of Four to eight years, without prejudice to the penalty that may be caused by the resulting harmful results.

Article 610.

Which, on the occasion of an armed conflict, uses or orders to employ prohibited methods or means of combat to cause unnecessary suffering or superfluous evils, as well as those designed to cause or to cause In the case of the case-law of the European Union, the Commission has not been able to provide the Commission with a view to the application of the provisions of Article 1 (1) of the basic Regulation. corresponds to the results produced.

Article 611.

He will be punished with the sentence of imprisonment of ten to fifteen years, without prejudice to the penalty that corresponds to the results produced, which, on the occasion of an armed conflict:

1. Do or order to carry out indiscriminate or excessive attacks or to target the civilian population of attacks, reprisals or acts or threats of violence whose main purpose is to terrorize it.

2. Destrya or damage, in violation of the rules of international law applicable in armed conflicts, non-military ships or aircraft of an adverse or neutral Party, unnecessarily and without giving time or without taking the measures necessary to provide for the safety of persons and the preservation of the documentation on board.

3. Force a prisoner of war or civil person to serve, in any form, in the Armed Forces of the adverse Party, or deprive them of their right to be judged regularly and impartially.

4. Sport, forcibly move, take hostage or illegally stop any protected person.

5. º Traslade and nods in occupied territory to the population of the occupying Party, so that it resides in the permanent mode.

6. Do, order or maintain, with respect to any protected person, practices of racial segregation and other inhuman and degrading practices based on other inauspicious distinctions, that involve an outrage against personal dignity.

7. Imask or delay, unjustifiably, the release or repatriation of prisoners of war or of civilian persons.

Article 612.

He will be punished with the prison term of three to seven years, without prejudice to the penalty for the results produced, which, in an armed conflict:

1. knowingly Viole protection due to sanitary units and means of sanitary transport, prison camps, sanitary and security zones and localities, neutralized zones or places of internment of the population civil, non-defended localities and demilitarized zones, released by appropriate signs or distinctive signs.

2. Exercise violence on the health or religious personnel or member of the medical mission or the relief societies.

3. Deure seriously, deprive or do not procure the necessary food or necessary medical assistance to any protected person or make it subject to humiliating or degrading treatment, induced or forced prostitution or any form (a) to inform, without delay, justified and in a comprehensible manner, to impose collective punishment for individual acts, or to violate the provisions on the accommodation of women and families or on special protection of women and children established in the international treaties in which Spain is part.

4. º improperly or perfiat use the protective or distinctive signs, emblems or signs established and recognized in the international treaties in which Spain is a party, especially the distinctive signs of the Cross Red and Red Crescent.

5. Unproperly or improperly use flag, uniform, badge or distinctive emblem of neutral States, United Nations or other States other than parties to the conflict or of adverse Parties, during the attacks or to cover, promote, protect or impede military operations, except in cases other than expressly provided for in the international treaties in which Spain is a party.

6. " Use improperly or in a perfidious flag of parliament or of surrender, atent against inviolability or unduly withhold a parliamentarian or any of the persons accompanying him, to the staff of the Power Protector or his replacement, or a member of the International Survey Commission.

7. Depoje from its effects to a dead body, wounded, sick, shipwrecked, prisoner of war or civil person.

Article 613.

1. It will be punishable by imprisonment of four to six years that, on the occasion of an armed conflict:

(a) Attack or object of retaliation or of acts of hostility to clearly recognized cultural objects or places of worship, which constitute the cultural or spiritual heritage of the peoples and to which protection has been conferred under special agreements, resulting in extensive destruction of the

themselves and provided that such goods are not situated in the immediate proximity of military objectives or are not used in support of the adversary's military effort.

(b) Attack or object of retaliation or of acts of hostility to civil property of the Adverse Party, causing its destruction, provided that this does not, in the circumstances of the case, offer a defined military advantage or that such goods do not effectively contribute to the military action of the adversary.

c) Attack, destroy, subtract or inuse the goods indispensable for the survival of the civilian population, unless the adverse party uses such goods in direct support of military action or exclusively as a means of subsistence for members of their Armed Forces.

d) Attack or retaliate against works or installations containing dangerous forces, where such attacks may result in the release of those forces and, consequently, cause significant losses in the population; civil, unless such works or facilities are used in regular, important and direct support of military operations and that such attacks are the only feasible means of putting an end to such support.

e) Destroy, damage or take over, without military necessity, of things that do not belong to you, force another to deliver them or perform any other acts of pillage.

2. In the case of cultural goods under special protection, or in cases of extreme gravity, the upper penalty may be imposed in a degree.

Article 614.

Which, on the occasion of an armed conflict, shall carry out or order to carry out any other violations or acts contrary to the requirements of the international treaties in which Spain is a party and relating to driving of the hostilities, protection of the wounded, sick and shipwrecked, treatment of prisoners of war, protection of civilians and protection of cultural goods in case of armed conflict, will be punished with the imprisonment of six months to two years.

CHAPTER IV

Common Provisions

Article 615.

The provocation, conspiracy and proposition for the execution of the offences provided for in this Title shall be punishable by a lower penalty in one or two degrees to which it would correspond.

Article 616.

In the case of any of the offences included in this Title and in the previous one by a public authority or official, it shall be imposed, in addition to the penalties mentioned in them, for the absolute disablement of ten to twenty years; if it is a particular, the Judges or Courts may impose that of special disablement on employment or public office for one to ten years.

BOOK III

Faults and their penalties

TITLE I

Faults against people

Article 617.

1. The one who, by any means or procedure, will cause another injury not defined as a crime in this Code, will be punished with the penalty of arrest of three to six weekends or fine of one to two months.

2. The one who will beat or mistreat work to another without causing injury will be punished with the penalty of arrest of one to three weekends or fine of ten to thirty days.

When the offended are the spouse or person to whom he is linked in a stable way by analogous relationship of affectivity, or the children of his own, or of the spouse or survivor, pupil, or ascendant, as long as they live with him, penalty will be the arrest of three to six weekends or a fine of one to two months.

Article 618.

They will be punished with the penalty of arrest of three to six weekends or a fine of one to two months which, finding abandoned a minor or an incapable, do not present it to the authority or to his or her family, or do not lend to him, in his case, the assistance the circumstances require.

Article 619.

It will be punishable by a fine of ten to twenty days for those who will cease to provide assistance or, where appropriate, the aid that circumstances require an elderly or disabled person who is depends on your care.

Article 620.

They will be punished with the penalty of fine of ten to twenty days:

1. Those who, in a mild way, threaten another with weapons or other dangerous instruments, or take them out in quarrel, as is not in fair defense, and unless the fact is a constitutive of crime.

2. º that cause another threat, coercion, injury, or unfair vexation of a minor character.

The facts described in this article will only be pursued through the complaint of the aggrieved person or his legal representative.

Article 621.

1. Those who, due to serious recklessness, shall cause any of the injuries referred to in Article 147 (2), shall be punished by a fine of one to two months.

2. Those who, because of slight recklessness, will cause the death of another person, will be punished with the penalty of a fine of one to two months.

3. Those who, because of minor recklessness, will cause an injury constituting a crime, will be punished by a fine of fifteen to thirty days.

4. If the event is committed with a motor vehicle or a moped, the right to drive them for three months to one year may be imposed in addition, respectively.

5. If the act is committed with a weapon, it may also impose the deprivation of the right to hold and carry arms for three months to one year.

6. The offences punishable in this Article shall only be punishable by denunciation of the person concerned or his legal representative.

Article 622.

The parents, guardians or guarantors of a child who, without incurring, where appropriate, in the offence of disobedience, shall break the decision taken by the Judge or Court, taking over the child, taking it out of the established guardian in the judgment or decision of the public entity entrusted with the protection, removing it from the establishment, family, person or institution to whom it was entrusted, or not to be returned when they are obliged, will be punished with a penalty of one to two months.

TITLE II

Faults against the estate

Article 623.

They will be punished with arrest of two to six weekends or a fine of one to two months:

1. Those who commit theft, if the value of the hurtado was not exceeded by fifty thousand pesetas.

2. Those who conduct the conduct described in Article 236, provided that the value of the item does not exceed fifty thousand pesetas.

3. Those who subtract, without the intention of appropriating it, a motor vehicle or a non-motor vehicle, if the value of the vehicle used does not exceed fifty thousand pesetas.

If the fact is executed using force in things, it will impose the penalty in its top half. If it is carried out with violence or intimidation in persons, it shall be punishable under the provisions of Article 244.

4. Those who commit fraud, misappropriation, or defraud of electricity, gas, water or other elements, energy or fluid, or in telecommunications terminal equipment, in amounts not exceeding fifty thousand pesetas.

Article 624.

The person who will execute the acts referred to in Article 246 shall be punished with a fine of ten to thirty days if the utility does not exceed fifty thousand pesetas or is not estimable, provided that he mediates the injury of the injured person.

Article 625.

1. They shall be punished with the penalty of arrest of one to six weekends or a fine of one to twenty days which intentionally cause damage the amount of which does not exceed fifty thousand pesetas.

2. The penalty will be imposed in its upper half if the damages are caused in goods of historical, artistic, cultural or monumental value.

Article 626.

Those who disengage in public or private real estate, without the proper authorization of the Administration or its owners, will be punished with the penalty of arrest from one to three weekends.

Article 627.

The one who will defraud the Finance of the Communities more than four thousand ECU for any of the procedures described in Article 305, will be punished with a fine of five days to two months.

Article 628.

The person who shall defraud the general budgets of the Communities, or others administered by them, or unduly obtain funds thereof, by any of the procedures described in Articles 306 and 309, exceeding four thousand ECU, shall be punishable by a fine of five days to two months.

TITLE III

Faults against general interests

Article 629.

They will be punished with the penalty of arrest of one to four weekends or fine of fifteen to sixty days, those who, having received in good faith currency, notes, stamps of post or false effects, the expendieren in quantity not exceeding fifty thousand pesetas, knowing their falsehood.

Article 630.

Those who will abandon syringes, in any case, or other dangerous instruments, in a way or with circumstances that could cause harm to people or to infect diseases, or in places frequented by minors, will be punished with the arrest penalties of three to five weekends or a fine of one to two months.

Article 631.

The owners or custodians of ferocious or harmful animals that will let them loose or in conditions of causing evil, will be punished with the penalty of fine of fifteen to thirty days.

Article 632.

Those who will cruelly mistreat domestic animals or any others in legally unauthorized shows will be punished with the penalty of a fine of ten to sixty days.

TITLE IV

Faults against Public Order

Article 633.

Those who will disturb the order slightly in the hearing of a Court or Court, in public events, in sports or cultural events, solemn or numerous meetings, will be punished with the sentences of one to six weekends and a fine of ten to thirty days.

Article 634.

Those who fail to respect and regard due to the authority or their agents, or disobey them slightly, when they perform their duties, shall be punished with the penalty of a fine of ten to sixty days.

Article 635.

They will be punished with the penalties of one to five weekends and a fine of one to two months that will be maintained against the will of its holder, outside the hours of opening, in the domicile of a public legal person or private, professional office or office, or commercial or local establishment open to the public.

Article 636.

Those who carry out activities lacking the mandatory liability insurance that would be legally required for the exercise of those insurance will be punished with the penalty of one to two months.

Article 637.

The person who will wear, improperly, uniform, wear, insignia or official decoration, or publicly attribute the quality of professional covered by an academic degree that he does not possess, will be punished with the arrest of one to five weekends or a fine of ten to thirty days.

TITLE V

Common provisions for faults

Article 638.

In the application of the penalties of this Book, the Judges and Courts shall proceed, according to their prudent arbitration, within the limits of each one, taking into account the circumstances of the case and the culprit, without adjusting to the rules of the Articles 61 to 72 of this Code.

Article 639.

In the misconduct at the request of the aggrieved person, the Prosecutor's Office may also denounce the Prosecutor's Office if that person is a minor, incapable or an invalid person.

The absence of denunciation will not prevent the practice of prosecution for prevention.

In these faults, the pardon of the offended or his legal representative shall extinguish the criminal action or the penalty imposed, except as provided in the second paragraph of Article 130

Additional disposition first.

When a person is declared exempt from criminal responsibility for any of the causes provided for in the numbers 1. and 3. of Article 20 of this Code, the Prosecutor's Office shall, if appropriate, request the declaration of incapacity before the Civil Jurisdiction, unless the latter has already been agreed upon and, where appropriate, detention in accordance with the rules of civil law.

Additional provision second.

When the governmental authority becomes aware of the existence of a minor or of an incapable person who is in a state of prostitution, whether or not by his or her will, but with the consent of the persons who exercise authority over him (a) family or ethical-social or in fact, or who lack them, or have them in abandonment and do not take care of their custody, will immediately inform the public entity that the protection of minors and the protection of minors is entrusted to the respective territory Fiscal Ministry, to act in accordance with their respective competencies.

Likewise, in the cases in which the Judge or Tribunal agrees to the special disablement for the exercise of the parental authority, the reception, the guardian, the guardianship or the conservatorship, it shall immediately inform the public entity that in the the respective territory has the task of protecting minors and the Prosecutor's Office to act in accordance with their respective powers.

Additional provision third.

When, by means of complaint or complaint by the injured party, a criminal procedure is initiated for the constitutive facts of the offences provided for in Articles 267 and 621 of this Code, they may appear in the proceedings penalties to be initiated and to show part of all other persons involved in the same events which are considered to be harmed, whatever the amount of damages they claim.

First transient disposition.

The offences and offences committed up to the day of the entry into force of this Code shall be judged in accordance with the legal body and other special criminal laws which are repealed. Once this Code enters into force, if the provisions of this Code are more favourable to the inmate, they shall apply.

Second transient disposition.

For the determination of the most favorable law, it will take into account the penalty that would correspond to the fact that the fact is applied with the application of the complete rules of one or the other Code. The provisions on redemption of penalties for work shall apply only to all those convicted under the repealed Code and those who are applied to the provisions of the new Code shall not be entitled to them.

In any case, the inmate will be heard.

Transient Disposition third.

The directors of the penitentiary establishments will refer to the greatest urgency, from the publication of the new Penal Code, to the Judges or Courts that are aware of the execution, relationship of the internal penados in the Centre which they direct, and interim settlement of the penalty in execution, stating the days the inmate has redeemed for the work and those who may redeem, where appropriate, in the future in accordance with Article 100 of the Penal Code which is repealed and additional provisions.

Fourth transient disposition.

The Judges or Courts referred to in the previous provision shall, after receiving the previous conviction, transfer to the Prosecutor's Office to report on whether the judgment should be reviewed and, in such a case, the terms of the review. Once the Prosecutor has been informed, they will also listen to the inmate, notifying him of the terms of the proposed revision, as well as to transfer to the Letrado who took up his defense in the oral trial, to expose what he considers most favorable to him. reo.

Transient disposition fifth.

The General Council of the Judiciary, in the field of the powers conferred upon it by Article 98 of the Law of the Judicial Branch, may assign one or more of the Courts of the Criminal or the Sections of the Audits Provincial dedicated to the execution of criminal sentences, the review of the firm sentences handed down before the validity of this Code.

Such Judges or Courts will proceed to review the firm sentences and in which the penalty is effectively serving the penalty, applying the most favourable provision considered taxatively and not for the exercise of the arbitration. judicial. This Code shall not be considered more favourable in the custodial sentences where the duration of the previous penalty imposed in the circumstances is also taxable under the new Code. It is excepted that this Code contains for the same fact the alternative provision of a non-custodial sentence; in such case the sentence must be reviewed.

The sentences in which the penalty is suspended will not be reviewed, without prejudice to the failure to do so in the event that the suspension is revoked and prior to the effective enforcement of the suspended sentence. The same rule applies if the penalty is in the probation period.

The judgments in which, in accordance with the repealed Code and the new one, will not be reviewed, will not be reviewed either exclusively, penalty penalty.

Transitional disposition sixth.

The sentences in which the sentence is executed or suspended will not be reviewed, even if they are pending to execute other statements of the judgment, as well as the ones already executed, without prejudice to the Judge or Court that in the future it may be taken into account for the purposes of recidivism to examine in advance whether the fact in them has ceased to be a crime or that it may correspond to a lesser penalty than that imposed in accordance with this Code.

In the case of partial pardoning, the sentences will not be reviewed when the resulting penalty found to be in compliance with the sentence is contained in a lower tax framework with respect to the new Code.

Transient disposition seventh.

For the purposes of the assessment of the aggravation of recidivism, they shall be understood as being included in the same Title of this Code, those offences provided for in the legal body which is repealed and which have the same name and attack of the the same way as the same legal system.

Transient Disposition octave.

In cases where the penalty that may be applicable to the application of this Code is that of the weekend arrest, it shall be considered, in order to assess its comparative gravity, that the duration of the deprivation of liberty is equivalent to two days for each weekend that it corresponded to impose. If the penalty is the penalty, it shall be deemed that each day of substitute arrest imposed or could be imposed by the Judge or Tribunal under the Code which is repealed is equivalent to two daily fees of the fine of this Legal Body.

Transient disposition ninth.

In judgments given in accordance with the legislation that is repealed and which are not firm for pending appeal, the following rules shall be observed after the vacancy period has elapsed:

(a) If this is an appeal, the parties may invoke and the Judge or Court shall apply the precepts of the new Code of office, when they are more favourable to the reo.

(b) If this is an appeal, not yet formalized, the appellant may point out the legal infringements based on the precepts of the new Code.

c) If, in the case of an appeal, an appeal is being brought, it shall be passed back to the appellant, either on its own initiative or at the request of a party, for the term of eight days, in order to adapt, if it considers it appropriate, the grounds of appeal. alleged to the provisions of the new Code, and the amended appeal shall be directed to the interested parties, the Prosecutor and the rapporteur, continuing the processing in accordance with the law.

Transient disposition tenth.

The security measures that are being implemented or pending, agreed in accordance with the Law on the Hazards and Social Rehabilitation, or in application of the numbers 1 and 3. of Article 8 or of Article 9 of the Criminal code to be repealed, shall be reviewed in accordance with the provisions of Title IV of Book I of this Code and the above rules.

In those cases where the maximum duration of the measure provided for in this Code is less than the time they have actually complied, the Judge or Court shall give the said compliance and, in the case of If they are an internment measure, they will order their immediate release.

Transient Disposition eleventh.

1. Where special or procedural criminal laws are to be applied by ordinary jurisdiction, they shall be construed as replaced:

(a) The sentence of imprisonment of 15 to 20 years of imprisonment, with the lifting clause of the sentence of imprisonment of twenty to twenty-five years when two or more aggravating circumstances are present.

b) The lesser imprisonment sentence, for the prison sentence of eight to fifteen years.

c) The prison sentence for the prison of three to eight years.

d) The lesser prison sentence, for the prison term of six months to three years.

e) The highest arrest penalty, for the arrest of seven to fifteen weekends.

f) The penalty of fine imposed in excess of one hundred thousand pesetas indicated for acts punished as a crime, for the fine of three to ten months.

g) The penalty of a fine imposed in the amount of less than one hundred thousand pesetas indicated for acts punished as a crime, for the fine of two to three months.

(h) The penalty of fine imposed for criminal acts in proportion to the profit or loss caused shall continue to apply proportionally.

i) The lesser sentence, for the arrest of one to six weekends.

j) The penalty of fine established for defined facts as missing, for the fine of one to sixty days.

k) Custodial penalties shall be imposed on the terms and deadlines set forth in this Code.

(l) Any other penalty for those deleted in this Code, for the penalty or measure of security which the Judge or Court considers to be more analogous and of equal or lesser gravity. If it does not exist or be all the more serious, it will cease to be imposed.

2. In case of doubt, the inmate will be heard.

Transient Disposition twelfth.

Until the adoption of the law regulating the criminal liability of the child, in the procedures that are substantiated by reason of a crime or a failure to be committed by a minor of eighteen years, the Judge or the competent court require the technical teams that are at the service of the Judges of minors, the elaboration of a report on the psychological, educational and family situation of the child, as well as on their social environment and, in general, on any other circumstance that may have influenced the fact that it is imputed to it.

Single repeal provision.

1. Repealed:

(a) The recast of the Criminal Code published by Decree 3096/1973 of 14 September 1973, in accordance with Law 44/1971 of 15 November, with its subsequent amendments, except for Articles 8.2, 9.3, Rule 1 of the Article 20 as regards the second paragraph of Article 8, the second paragraph of Article 22, 65, 417 a and the first and second provisions of the Organic Law 3/1989 of 21 June.

(b) The Law of 17 March 1908 on conditional conviction, with its subsequent amendments and supplementary provisions.

(c) Law 16/1970 of 4 August on Hazardous and Social Rehabilitation, with its subsequent amendments and supplementary provisions.

d) The Law of July 26, 1878, prohibiting dangerous exercises executed by minors.

e) The substantive criminal precepts of the following special laws:

Law of September 19, 1896, for the protection of insect birds.

Law of 16 May 1902 on industrial property.

Law of July 23, 1903, on the begging of minors.

Law of February 20, 1942, of river fishing.

Law of December 31, 1946, on fishing with explosives.

Law 1/1970, of April 4, hunting. The offences and offences provided for in this Law, which are not contained in this Code, will be considered to be very serious administrative offences, with a fine of fifty thousand to five hundred thousand pesetas and the withdrawal of the hunting licence, or the the right to obtain it, for a period of two to five years.

f) The following precepts:

Article 256 of the Prison Regulation, approved by Royal Decree 1201/1981, of 8 May.

Articles 65 to 73 of the Prison Services Regulation, approved by Decree of 2 February 1956.

Articles 84 to 90 of Law 25/1964, of 29 April, of Nuclear Energy.

Article 54 of Law 33/1971, of 21 July, of Emigration.

The second paragraph of Article 24 of Organic Law 2/1981 of 6 April of the Ombudsman.

Article 2 of Organic Law 8/1984, of December 26, on the regime of resources in case of conscientious objection and its penal regime.

Article 4. of Organic Law 5/1984, of May 24, of Appearance before the Congressional and Senate Committees of Inquiry or both Chambers.

Articles 29 and 49 of Law 209/1964, of 24 December, Criminal and Procedural of Air Navigation.

The terms "active and" in Article 137 of the Organic Law 5/1985, of June 19, of the General Electoral Regime.

Article 6 of Law 57/1968, of July 27, on Percibo of Advance Amounts in the Construction and Sale of Housing.

2. Any rules that are incompatible with the provisions of this Code are also repealed.

First disposition first.

The Criminal Procedure Act will be amended as follows:

" Article 14.

Third. For the knowledge and failure of the causes for less serious crimes, as well as of the faults, whether or not incidental, imputable to the authors of those crimes or to other persons, when the commission of the fault or its test are related to those, the Criminal Court of the Constituency where the offence was committed or the Central Judge of the Criminal in the field which is his or her own. "

" Article 779.

Without prejudice to the other special processes, the procedure laid down in this Title shall apply to the prosecution of offences punishable by a custodial sentence of no more than nine years, or any other penalties of a different nature, whether unique, joint or alternative, whatever their value or duration. "

Final disposition second.

Article 1 (2) of the Organic Law 5/1995, on the Court of Jury, is worded as follows:

" 2. Within the scope of the procedure provided for in the previous paragraph, the Court of Jury shall be competent for the knowledge and failure of the causes for the offences defined in the following provisions of the Criminal Code:

(a) Homicide (Articles 138 to 140).

(b) Threats (Article 169.1.).

c) The omission of the duty of relief (Articles 195 and 196).

d) The break-in (Articles 202 and 204).

e) From forest fires (Articles 352 to 354).

f) Infidelity in the custody of documents (Articles 413 to 415).

g) Of the co-fact (items 419 to 426).

h) From influence peddling (items 428 to 430).

i) From the misuse of public funds (Articles 432 to 434).

(j) Illegal fraud and charges (Articles 436 to 438)

k) From prohibited negotiations to officials (Articles 439 and 440).

(l) Infidelity in custody of prisoners (Article 471). "

Third end disposition.

1. Chapter VI of Law 35/1988 of 22 November on Assisted Reproduction Techniques shall be amended as follows:

1. No 20 (a), (k), (l) and (v) of Article 20 (B) are deleted.

2. The text of paragraph 2.B (r) shall be replaced by the following: " the transfer of human gametes or preembryos into the uterus of another animal species or the reverse operation, as well as the fecundations between gametes humans and animals that are not authorised. '

2. Article 21 of Chapter VII of Law 35/1988 on Assisted Reproduction Techniques shall become Article 24.

Final disposition fourth.

Organic Law 1/1982, of 5 May, of Protection of the Right to Honor, to Personal and Family Intimacy and to Own Image, will be modified in the following terms:

" Article 1. º

2. The criminal nature of the interference shall not preclude recourse to the judicial protection procedure provided for in Article 9. In any event, the criteria of this Law for the determination of civil liability arising from crime shall apply. "

" Item 7.

7. The imputation of facts or the manifestation of value judgments through actions or expressions that in any way injures the dignity of another person, impairing their fame or attacking their own estimation. "

Final disposition fifth.

The second provision of the Organic Law 6/1995, of June 29, will be amended in the following terms:

" The exemption from criminal liability referred to in the second subparagraph of Articles 306 (4), 308 (3) and 309 (4) shall also apply even if the debts to be settled are lower to the amounts set out in those Articles. '

Final disposition sixth.

Title V of Book I of this Code, Articles 193, 212, 233.3 and 272, as well as the first and second additional provisions, the twelfth transitional provision and the first and third final provisions of ordinary law.

Final disposition seventh.

This Code shall enter into force within six months of its full publication in the "Official Gazette of the State" and shall apply to all punishable acts committed as of its validity.

notwithstanding the foregoing, the entry into force of Article 19 shall be exempt until such time as the law governing the criminal liability of the child referred to in that provision applies.

Therefore,

I command all Spaniards, individuals and authorities to keep and keep this Organic Law.

Madrid, 23 November 1995.

JOHN CARLOS R.

The President of the Government,

FELIPE GONZÁLEZ MARQUEZ