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PENAL CODE
DECREE No. 1030.THE LEGISLATIVE ASSEMBLY OF THE REPUBLIC OF EL SALVADOR
CONSIDERING:

I.- That the current Penal Code was approved by Legislative Decree No. 270 dated 13
February 1973, published in Official Gazette No. 63, Volume 238, dated
March of the same year, which entered into force on June 15, 1974, and this represented
an advance within the development of criminal science and legislative technique and in the
Today is no longer profiled in the same way because its content does not save
concordance with the text of the Constitution of the Republic of 1983, nor with the reality
political and social life in the country;
II.- That the Democratic States of Law have seen the need to adapt
its criminal regulations to the new doctrinal orientation, which considers the Law
Criminal as a last resort to resolve social conflicts and the most
effective to achieve peace and legal security for the peoples, which El Salvador
fully share;
III.- That in order to guide our criminal regulations within a conception
guarantor, highly effective in restricting social violence and with a wide
non-selectivist punitive function projection, it is convenient to issue a
new Penal Code, which without departing from our cultural patterns, becomes a
a dynamic and effective modern instrument to combat crime;

THEREFORE,
in use of his constitutional powers and at the initiative of the President of the Republic through
of the Minister of Justice and the deputies Walter René Araujo Morales, Arturo Argumedo h.,
Francisco Alberto Jovel Urquilla, Gerardo Antonio Suvillaga, Oscar Armando Avendaño, José
Armando Cienfuegos Mendoza, Francisco Antonio Rivas Escobar, David Acuña, Jorge Alberto
Villacorta Muñoz, Marcos Alfredo Valladares and Elí Avileo Díaz Alvarez,
DECREES, the following:

PENAL CODE
BOOK I
GENERAL PART
TITLE I
MINIMUM CRIMINAL GUARANTEES AND APPLICATION OF CRIMINAL LAW

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CHAPTER I
OF THE MINIMUM CRIMINAL GUARANTEES

PRINCIPLE OF LEGALITY
Art. 1.- No one may be sanctioned for an action or omission that the criminal law has not described.
previously, precisely and unequivocally as a crime or misdemeanor, nor may it be subjected to penalties or
security measures that the law has not previously established.
No offense or misdemeanor may be configured, nor a penalty or security measure imposed, by application
analog of criminal law.
PRINCIPLE OF HUMAN DIGNITY
Art. 2.- Any person to whom a crime or offense is attributed has the right to be treated with respect.
due to the inherent dignity of the human being.
Penalties or security measures may not be imposed that affect the essence of the rights and
freedoms of the person or that involve inhuman or degrading treatment.
PRINCIPLE OF LESIVITY OF LEGAL GOOD
Art. 3.- No penalty or security measure may be imposed, if the action or omission does not
injures or endangers a legal asset protected by criminal law. (9)
LIABILITY PRINCIPLE
Art. 4.- The penalty or security measure will not be imposed if the action or omission has not been
made with intent or guilt. Consequently, all forms of liability are prohibited.
objective.
Strict liability is one that is attributed to a person without considering the address
of his will, but only the material result to which he is linked causally or
normatively the fact carried out by the subject. (11) (12)
Guilt will only be determined by the performance of the action or omission.
PRINCIPLE OF NEED
Art. 5.- Penalties and security measures will only be imposed when necessary and in
proportional to the seriousness of the act carried out.
In no case may a security measure be imposed if it is not as a consequence of a fact
described as a crime in criminal law, nor for a time greater than that which would have corresponded to the
subject as a penalty for the act committed. To this end, the court will establish in the sentence,
reasonably, the maximum duration limit.
PRINCIPLE OF GENERAL APPLICATION OF THE CRIMINAL CODE
Art. 6.- The fundamental principles of this Chapter will always be applicable.

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The general rules of this Code will be applicable to the punishable acts provided for in laws
unless they contain different provisions.

CHAPTER II
OF THE APPLICATION OF CRIMINAL LAW

APARENT CONTEST OF LAWS
Art. 7.- Facts that may be classified in accordance with two or more precepts of this
Code and not included in articles 40 and 41, of this Code will be sanctioned by observing
the following rules:

1) The special precept will be applied in preference to the general precept;
2) The subsidiary precept will be applied in the absence of the main precept, when
expressly declare said subsidiarity or it is tacitly deductible; Y,
3) The complex criminal precept will absorb the precepts that sanction infractions
consumed in it.

PRINCIPLE OF TERRITORIALITY
Art. 8.- The Salvadoran criminal law will be applied to punishable acts committed totally or
partially in the territory of the Republic, or in the places subject to its jurisdiction.
PERSONAL OR NATIONALITY PRINCIPLE
Art. 9.- Salvadoran criminal law will also apply:

1) To crimes committed abroad by a person in the service of the State, when not
has been processed in the place of the commission of the crime, by reason of the privileges
inherent to your position;
2) To crimes committed by a Salvadoran abroad or in a place not subjected to
the particular jurisdiction of a State; and, against the legal rights of another Salvadoran;
and, (9)
3) To crimes committed abroad by Salvadorans when the
Extradition requested on the basis of their nationality, or by foreigners against property
legal status of Salvadorans.

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PRINCIPLE OF UNIVERSALITY
Art. 10.- Salvadoran criminal law will also apply to crimes committed by any
person in a place not subject to Salvadoran jurisdiction, provided that they affect
goods protected internationally by specific covenants or rules of international law
or involve a serious violation of universally recognized human rights.
EXTRATERRITORIAL FAVORABILITY
Art. 11.- In the cases referred to in the two previous articles, the law in force in
the place of commission of the punishable act, if its provisions are more favorable to the accused
than those contained in the Salvadoran criminal law; however, preference will be given to the claim
of the State in whose territory the crime was committed, if it claims to be prosecuted before
that the exercise of criminal action begins.
TIME AND PLACE OF REALIZATION OF THE PUNISHABLE EVENT
Art. 12.- The punishable act is considered carried out at the time of the action or omission,
even when the time of the result is different.
The omission is considered carried out at the moment when the omitted action should have taken place.
The punishable act is considered to have been carried out, both in the place where it took place, totally or
partially the criminal activity of the authors and participants, as in the place where the
produced or should have produced the result or its effects.
In crimes of omission, the act is considered carried out where the action should have taken place.
omitted.
VALIDITY OF CRIMINAL LAW
Art. 13.- The punishable acts will be sanctioned in accordance with the law in force at the time of
your commission.
This criterion also applies to the imposition of security measures.
RETROACTIVITY OF THE FAVORABLE LAW
Art. 14.- If the law of the time in which the punishable act was committed and the subsequent laws on
the same subject, were of different content, the provisions most favorable to the
tax in the particular case in question.
FAVORABLE LAW AFTER SENTENCE
Art. 15.- If the promulgation of the new law whose application is favorable to the convicted person is
produced before the sentence is served, the competent court must modify the
sentence regarding the penalty, according to the provisions of the new law.
If the conviction has been motivated by an act considered a crime by the legislation
above and the new law does not sanction it as such, the immediate release of the prisoner will be ordered, who
will enjoy the right of rehabilitation.

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TEMPORARY LAWS
Art. 16.- The punishable acts carried out during the validity of a law destined to govern
temporarily, they will be sanctioned in accordance with the terms of the same.
APPLICATION OF CRIMINAL LAW TO PEOPLE
Art. 17.- The criminal law shall be applied equally to all persons who at the time of the
in fact they were over eighteen years old. Minors of this age will be subject to a regime
special.
Notwithstanding the provisions of the preceding paragraph, the Salvadoran criminal law shall not apply when the
person enjoys privileges according to the Constitution of the Republic and International Law and
when he enjoys inviolabilities in certain matters, in accordance with the provisions of
the Constitution of the Republic.

TITLE II
PUNISHABLE FACT AND CRIMINAL LIABILITY
CHAPTER I
OF CRIMES AND FOULS

PUNISHABLE FACTS
Art. 18.- The punishable acts are divided into crimes and misdemeanors.
Crimes can be serious and less serious. Serious crimes are those punishable by
prison whose maximum limit exceeds three years and a fine whose maximum limit exceeds
two hundred days fine.
The culpable acts will only be sanctioned when the criminal law establishes it in a way
express.
ACTION AND OMISSION
Art. 19.- The punishable acts can be carried out by action or by omission.
COMMISSION FOR OMISSION
Art. 20.- He who fails to prevent a result, will respond as if he had produced it, if he has the
legal duty to act and its omission will be considered equivalent to the production of said
Outcome.
The legal duty to act rests with whoever has by law obligations of care, protection or
surveillance, who with his previous behavior created the risk and who, assuming the
responsibility that the result would not occur, thereby determined that the risk was faced.

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POLITICAL CRIME AND COMMON CRIME RELATED TO POLITICAL CRIME
Art. 21.- For criminal purposes, political crimes are considered those related to the system.
constitutional and the existence, security and organization of the State.
Political crimes are also considered common crimes committed for political purposes, except those
crimes against the life and personal integrity of the heads of state or government.
Common crimes related to politicians are those that have a direct or immediate relationship with the
political crime or are a natural and frequent means of preparing, carrying out or favoring it.
OFFICIAL CRIME
Art. 22.- Official crimes are those whose typical structure requires from the active subject the quality
specific of being a civil servant or public employee.
ORGANIZED CRIME
Art. 22.-A.- REPEALED (13) (23) (37)
PROPOSITION AND CONSPIRACY
Art. 23.- There is a proposal when the person who has decided to commit a crime requests another or others
people who run it or help you run it.
There is a conspiracy when two or more people agree to carry out a crime and
they resolve to execute it.
The proposition and the conspiracy are only sanctioned in the cases expressly established
in this Code.
IMPERFECT OR TEMPTED CRIME
Art. 24.- There is an imperfect or tempted crime, when the agent, in order to perpetrate a crime, gives
commence or practice all acts leading to their execution by direct or appropriate acts
to achieve its consummation and this is not produced by causes foreign to the agent.
IMPOSSIBLE CRIME
Art. 25.- The imperfect or tempted crime is not punishable when it is absolutely impossible to
consummation of the same, due to lack of suitability of the means used, of the subject who performs the
action or non-existence of the object.
There is no impossible crime in cases of police operations authorized in writing by the
Mr. Attorney General of the Republic, in which some of the real circumstances are altered, the
objects, existence or qualities of the subjects, necessary for the consummation. (eleven)
WITHDRAWAL
Art. 26.- He who voluntarily desists from pursuing the
acts of execution of the crime, or prevents the result from occurring, unless the acts of
execution already carried out are constitutive of another consummated crime.

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CHAPTER II
OF THE CAUSES THAT EXCLUDE FROM CRIMINAL LIABILITY

EXCLUSIVE OF LIABILITY
Art. 27.- It is not criminally liable:

1) Whoever acts or omits in compliance with a legal duty or in the legitimate exercise of a
right or legal activity;
2) Whoever acts or omits in defense of their person or their rights or in defense of
another person or their rights, provided that the following requirements are met:

a) Illegitimate aggression;
b) Reasonable necessity of the defense employed to prevent or repel it; Y,
c) Not having provoked the aggression, in a sufficient way, by the person exercising the
defending;

3) Whoever acts or omits due to the need to safeguard a legal asset, his own or someone else's,
of a real, present or imminent danger, not intentionally caused, injuring another
good of lesser or equal value than the safeguarded, provided that the conduct is
proportional to the danger and that there is no legal duty to face it;
4) Who at the time of executing the act, is not in a position to understand
the unlawfulness of their action or omission or to be determined according to that understanding, for
any of the following reasons:

a) mental derangement;
b) serious disturbance of consciousness; Y,
c) delayed or incomplete psychic development.
In these cases, the judge or court may impose on the author any of the security measures to
referred to in this Code. However, the internment measure will only be applied when at
crime corresponds to prison sentence; Y,
5) Whoever acts or omits under the non-enforceability of other conduct, that is, in
circumstances such that it is not rationally possible to demand a different behavior from the
what he did; and, (11)

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6) Who acts or omits in collision of duties, that is, when they exist for the subject, at the
at the same time, two duties that he must perform, having only the
possibility of fulfilling one of them. (eleven)

INVINCIBLE ERROR AND BEATABLE ERROR
Art. 28.- The invincible error on the constitutive fact of the criminal offense excludes the
criminal responsibility. If the error is beatable, considering the circumstances of the fact and the
personal of the author, the infraction will be sanctioned in his case as guilty.
The invincible error on the illegality of the act constituting the criminal offense or a cause of
exclusion of criminal responsibility, exempts it. If the error is beatable, the
penalty in the terms set forth in article 69 of this Code.
FREE ACTION IN YOUR CAUSE (9)
Art. 28.-A.- Anyone who has sought to be placed may not be excluded from criminal responsibility
in a state of full intoxication due to the consumption of alcoholic beverages, drugs or other
substances that produce analogous effects, for the purpose of committing a crime or when
had foreseen the commission of the same. (9)

CHAPTER III
CIRCUMSTANCES THAT MODIFY CRIMINAL LIABILITY
SECTION ONE
ATTENUATING CIRCUMSTANCES

Art. 29.- Circumstances that mitigate criminal responsibility are:
PSYCHIC INFERIORITY DUE TO INTOXICATION

1) Being the culprit in a state of alcoholic or other intoxication that, without being
foreordained to the fact, it does not have full effect on the subject;
EXCESS IN THE CAUSES OF EXCLUSION OF CRIMINAL LIABILITY
2) Exceeding the limits established for the causes of exclusion from the
criminal responsibility included in numbers 1, 2 and 3 of article 27 of this
Code, when an excitement or disturbance will not cause it
excusable;
PASSIONAL STATES

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3) He who acts in a moment of rapture, stubbornness or under the impulse of intense
emotion provoked by an unjust act carried out against him, his spouse, partner of
life or partner, ascendants, descendants or siblings;
DAMAGE DECREASE
4) Have tried spontaneously and effectively to avoid or mitigate the consequences
harmful of the crime; Y,
ATTENUANTS BY ANALOGUE INTERPRETATION
5) Any other circumstance of the same entity, which in the judgment of the court should be
appreciated by its analogy with the previous ones or by peculiar personal conditions of the
agent or its environment.

SECTION TWO
AGGRAVATING CIRCUMSTANCES

Art. 30.- Circumstances that aggravate criminal responsibility are:
ALEVOSIA

1) Commit the crime with treachery. There is treachery when, in crimes against life or
personal integrity, the perpetrator provokes or takes advantage of the defenseless situation
of the victim to prevent the attack or defend themselves from the aggression, without risk of their
person. The treachery is legally presumed when the victim is less than twelve
years and in the case of homicide preceded by kidnapping;
PREMEDITATION
2) Act with premeditation. There is premeditation when planning ahead
necessarily, reflectively and persistently, the realization of the crime;
INSIDIA
3) Commit the crime by any insidious means;
COMMON HAZARD
4) Commit the crime using explosives, fire or other means capable of producing a
common danger;
ABUSE OF SUPERIORITY
5) Abusing superiority in the attack, taking advantage of the weakness of the victim for his

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age or other similar cause, use means that weaken the defense of the offended, or the
actions of illicit groups such as gangs called maras. (18)
ARTIFICIAL TO ACHIEVE IMPUNITY
6)
a) Make use of any device designed to facilitate the commission of the crime, to
hinder the discovery of the fact or agent or to facilitate the escape
immediate of it; Y,
b) Committing the crime to ensure the execution, concealment or impunity of
another crime.
USE OF FACILITIES OF A NATURAL ORDER
7) Commit the crime purposefully seeking the night or the desert;
AUTHORITY LESS PRICE
8) Execute it in the presence of an authority officer who is currently in office
of its functions;
PERSONAL DISRESPECT
9) Committing the crime to the detriment of people who deserve consideration or respect
special, for having been the aggrieved teacher or guardian of the agent or for the age or dignity
that has the offended. This aggravating circumstance will be assessed at the discretion of the judge,
according to the circumstances of time, place and manner of relations between one and
other;
DISRESPECT OF THE PLACE
10) Execute it in a place that deserves respect or in the home of the offended, when he
did not cause the event;
ABUSE OF SPECIAL SITUATIONS
11) Committing the crime with abuse of domestic relationships, cohabitation or
hospitality;
SEVICIA
12) Deliberately increasing the suffering of the victim;
IGNOMINY
13) Employ means or cause circumstances to occur that add ignominy to the
effects of the fact;
MOBILE OF ECONOMIC INTEREST

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14) Committing the crime through price, promise, reward or hope of advantages
economic; Y,
MOBILE FUTILES OR VILES
15) Committing the crime for futile or vile motives. (9)
REINCIDENCE OR HABITUALITY (11)
16) Commit the act, as the perpetrator or participant, in a recidivist way; that is, when I know
it deals with a new crime committed within the period of five years following the
date on which the accused was punished for a fraudulent crime that violates the
same legal good that is of the same nature. (eleven)
It is not considered recidivism when it involves several acts committed on the same date or
period of time without a solution of continuity, or in the case of an ideal or real contest of crimes,
when different processes have been initiated to sanction separately the facts that the
make up. (eleven)
Commit the act habitually, that is, in the same circumstances of the previous paragraph,
after being convicted on two or more occasions. (eleven)
Only recidivism and habituality will be appreciated in the case of malicious crimes. (eleven)
DAMAGE TO PUBLIC TRUST

17) Have the active subject of the crime, the quality of public official, public authority or
agent of authority; (13)
DISRESPECT TO PUBLIC OFFICIALS, PUBLIC AUTHORITY, AGENT OF
PENITENTIARY AUTHORITY AND STAFF.
18) Carrying out the crime against a public official or public authority, agent of
authority, or against members of the prison staff, in view of their quality
of public servants, whether or not they are in the exercise of their functions.
(13) (28)
CONCURRENCE OF ILLICIT GROUP OR ORGANIZED CRIME
19) When the crime is executed through the participation of the members of a
illicit or organized crime group. (twenty-one)

ENVIRONMENTAL CIRCUMSTANCES
Art. 31.- It may be appreciated as an aggravating or mitigating circumstance, depending on the nature,
the motives and the effects of the crime, being the aggrieved spouse, ascendant, descendant or
brother of the agent. The penalty may also be aggravated or lessened, where appropriate, when the crime
It is committed in the concubine or in the marital life partner, if they coexist in the same
dwelling.

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CHAPTER IV
OF THE AUTHORS AND PARTICIPANTS

PENALLY LIABLE
Art. 32.- The perpetrators, instigators and
the accomplices.
The authors can be direct or they can be mediate.
In culpable crimes, each one responds for his own act.
DIRECT AUTHORS OR CO-AUTHORS
Art. 33.- Direct perpetrators are those who by themselves or jointly with another or others commit the crime.
MEDIA AUTHORS
Art. 34.- Mediate perpetrators are those who commit the crime through another of whom
they serve as an instrument.
If the law requires certain personal qualities or that it has been acted in certain
subjective circumstances, it will be necessary and sufficient that said qualities or
circumstances concur in the perpetrator.
INSTIGATORS
Art. 35.- Those who have fraudulently determined another to commit are considered instigators.
the crime.
PARTNERS IN CRIME
Art. 36.- The following are considered accomplices:

1) Those who provide the author or authors with cooperation, in such a necessary way, that without
she could not have committed the crime; Y,
2) Those who cooperate in any other way to carry out the crime, even
through a promise of help after the consummation of the former.

In any case, they will not have any responsibility for crimes committed through the
press, radio, television or other similar broadcasting organs, people who by reason of the
work they perform, participate materially in the preparation or dissemination of the writing or
Program.

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PRINCIPLE AND SCOPE OF THE LIABILITY OF THE PARTICIPANTS
Art. 37.- The criminal responsibility of the participants, begins from the moment in which it has
initiated the execution of the crime and each one will respond to the extent that the act committed by
the less it is typical or unlawful.
ACT FOR ANOTHER
Art. 38.- Whoever acts as a director or administrator of a legal person or in the name or
legal or voluntary representation of another, will respond personally, even if they do not attend
the conditions, qualities or relationships that the corresponding crime figure requires for
be able to be an active subject of the same, when such circumstances occur in the person in whose
name or representation of work.
In any case, the legal person will incur special subsidiary civil liability. Not
Notwithstanding the foregoing, in the case of the crimes of own bribery, improper bribery, bribery
asset and transnational bribery, the legal entity will be jointly and severally liable for the
damages caused in the terms established in Art. 118 of this Code. (30)
CONCEPT OF OFFICIAL, PUBLIC AND MUNICIPAL EMPLOYEE, AUTHORITY
PUBLIC AND AUTHORITY AGENT
Art. 39.- For criminal purposes, the following are considered:

1) Public officials all people who provide services, paid or
free, permanent or temporary, civil or military in the public administration of the
State, municipality or any autonomous official institution, which are invested
of the legal power to consider and decide everything related to the organization and implementation
of public services;
2) Public authority, State officials who alone or by virtue of their
function or position or as members of a court, they exercise their own jurisdiction.
3) Public and municipal employees, all servants of the State or its
decentralized bodies that lack decision-making power and act by order or
Delegation of the official or hierarchical superior; Y,
4) Agent of authority, the Agents of the National Civil Police.

CHAPTER V
CRIME CONTEST

IDEAL CONTEST

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Art. 40.- There is an ideal competition for crimes when, with a single act or omission, two or
more crimes or when a criminal act is a necessary means to commit another, but in all
case will not exclude each other.
REAL CONTEST
Art. 41.- There is a real bankruptcy when with two or more actions or omissions independent of each other,
two or more crimes are committed that have not been previously punished by sentence
enforced.
CONTINUING CRIME
Art. 42.- There is a continuing crime when with two or more revealing actions or omissions of the
same criminal purpose and taking advantage of the agent of similar conditions of time,
place and manner of execution, several infractions of the same legal provision are committed
protects the same legal asset, even when they are not of different severity.
There is no continuing crime in the crimes of homicide and injuries.
MASS CRIME
Art. 43.- When in fraud the agent obtains various amounts of money in
detriment to a plurality of undifferentiated subjects, the fact must be estimated as a whole
as a single crime, taking as the amount of the patrimonial damage the amount conformed by the
global amount of what was defrauded.
The mass crime will be used only to prevent impunity or a treatment
unjustifiably benevolent of the facts that considered individually do not constitute
crime by reason of its amount. (9)

TITLE III
PENALTIES
CHAPTER I
OF PENALTIES, THEIR KINDS AND EFFECTS

PENALTY CLASSES
Art. 44.- The penalties referred to in this Code are classified as:

1) Main penalties; Y,
2) Accessory penalties.

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MAIN PENALTIES
Art. 45.- The main penalties are:

1) The prison sentence, which will last from six months to 75 years. In the
In cases provided for by law, the sentence will be served in a cell or ward
special isolation, having to be fulfilled from the beginning no less than ten percent of
sentence. (11) (15)
2) The weekend arrest penalty, which will last between four and one hundred
fifty weekends;
3) The penalty of house arrest, which will last from one to thirty days;
4) The penalty of a fine, the amount of which will be quantified in fine days and will be from five to
three hundred and sixty days fine; Y,
5) The penalty of providing work of public utility, whose duration will be four to
one hundred and fifty days a week.

ACCESSORY PENALTIES
Art. 46.- The following are accessory penalties:

1) The penalty of absolute disqualification, which will last from six months to thirty-five
years; (eleven)
2) The penalty of special disqualification, which will last from six months to thirty years;
3) The penalty of expulsion from the national territory for foreigners; Y,
4) The penalty of deprivation of the right to drive motor vehicles, the duration of which will be
from three months to six years, in the cases specially determined in the Law.
5) The penalty of therapy will be established as an accessory penalty in crimes related to
sexual freedom, after expert examination. (19)

However, disqualification penalties may be imposed as principal in cases
determined by this Code.
The fulfillment of the accessory penalties will be simultaneous with the fulfillment of the penalty.
principal.

CHAPTER II
OF PENALTIES IN PARTICULAR

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PRISON
Art. 47.- The prison sentence is a limitation to the freedom of movement of the person, whose
Magnitude will depend on the compliance regime.
The prison sentence will be carried out in accordance with the Penitentiary Law.
CONVERSION OF PROVISIONAL DETENTION
Art. 48.- REPEALED. (6)
WEEKEND ARREST
Art. 49.- The weekend arrest penalty consists of a limitation on freedom of movement
for periods corresponding to weekends.
This penalty will be served, as a general rule, on Saturdays and Sundays, in different establishments
to those destined to serve the prison sentence.
If the convicted person incurs in three unexcused absences, the Surveillance Judge
Correspondingly, it will order that the sentence be executed uninterruptedly until the
fulfillment of the sentence, counting in this case, two days of deprivation of liberty for
every weekend. The judge will proceed in the same way when the penalty of arrest at the end of
week would have been imposed as the main penalty.
HOUSE ARREST
Art. 50.- House arrest obliges the convicted person to remain in his residence and not to leave
of the same, without just cause, for the time of its duration.
In the event of non-compliance by the convicted person, the corresponding surveillance judge will order the
execution of the remainder of the sentence in the penitentiary establishment of their domicile or
find close to it.
Exceptionally, this penalty may be served in the place that the surveillance judge
corresponding determine.
FINE AND ITS QUANTIFICATION
Art. 51.- With the penalty of a fine, the sentenced person is obliged to pay the State a sum of money. The
fine will be quantified in fine days. The amount of each fine day will be set in accordance with the
personal conditions, the ability to pay and the potential income of the convicted person at the time
of the sentence. The fine day will import at least one third of the lower minimum wage
newspaper in force in the place at the time of the sentence and a maximum of five times said salary.
PAYMENT CONDITIONS AND BREACH OF THE FINE
Art. 52.- The fine penalty will be canceled once the sentence is final, in time and
form that the corresponding surveillance judge determines, being able to divide the payment in
weekly or monthly installments.

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If the convicted person does not pay, the judge will order the execution of his assets until the amount is covered or
lack of sufficient assets, the provisions of article 54 of this Code will be followed.
REDUCTION AND POSTPONEMENT OF THE FINE
Art. 53.- When the convicted person decreases his ability to pay or his potential income, without
intention, the corresponding surveillance judge may reduce the amount of the fine set in the
judgment.
Likewise, the judge, even after the sentence, will postpone the execution of the fine,
setting a rational term or determining its payment by installments or reducing its amount, when
it appears that its immediate fulfillment is impossible for the condemned person.
INABILITY TO PAY
Art. 54.- When the convicted person does not have the capacity to pay, the judge of the case will not impose
penalty of a fine when it is foreseen as a sole or alternative penalty with imprisonment, replacing it
in both cases with public utility work, at a rate of two hours of work for each day
penalty fee.
At any time the convicted person pays the remainder of the sentence, the sentence will cease.
public utility work.
PUBLIC UTILITY JOB BENEFIT
Art. 55.- The penalty of providing work of public utility obliges the convicted person to provide
weekly working hours, which include periods between eight and sixteen hours
weekly in the places and times determined by the corresponding surveillance judge, in
public or private establishments of social utility and with control of the authorities of the
themselves, in such a way that it is not infamous for the condemned person, does not harm their own esteem, or
disrupts your normal work activity and is appropriate to your ability.
NON-COMPLIANCE WITH PUBLIC UTILITY WORK
Art. 56.- If the convicted person incurs in three unexcused absences from work, the surveillance judge
corresponding, will order that the sentence be executed uninterruptedly until the
fulfillment of the sentence, counting in this case, two days of deprivation of liberty for
weekly working day accomplished. The judge will proceed in the same way when the penalty of
public utility work would have been imposed as the main penalty.
COMPUTATION OF THE PENALTY
Art. 57.- For the purposes of serving the sentence and as long as the beneficiary complies
strictly with the obligations imposed by the corresponding surveillance judge, each
weekly working hours will be counted as if they had been detained during all
weekdays.
ABSOLUTE DISABILITY
Art. 58.- The penalty of absolute disqualification includes:

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1) Loss of citizen rights;
2) The loss of the position, commission, contract or public employment exercised by the convicted person,
although it is of popular choice;
3) The inability to obtain any kind of public office or job;
4) The loss of the quality of naturalized Salvadoran; Y,
5) The inability to receive honorary distinctions and loss of those already received.

SPECIAL DISABLING
Art. 59.- The penalty of special disqualification includes:

1) The suspension of the exercise of a profession, art, trade or activity whether or not
regulated;
2) The definitive suspension of public positions ad honorem that he / she was carrying out
the condemned; Y,
3) The deprivation for the exercise of parental authority or guardianship, in crimes related to
sexual freedom and family relationships, when committed by ancestors
against descendants or guardians against their wards.

The special disqualifications that are imposed must be clearly specified in the
judgment.
The suspension established in numeral 1, of this provision, will only proceed and
will be imposed if the crime was committed as a direct consequence of the exercise of a
profession, art, trade or activity whether or not they are regulated and the sentence
link between these and the crime. (43)
PENALTY OF EXPULSION FROM THE NATIONAL TERRITORY
Art. 60.- The penalty of expulsion from the national territory for foreigners, includes departure
immediate force of the national territory after serving the main sentence and the prohibition of
re-enter the same in a maximum of five following years, at the discretion of the judge.
PRIVACY OF THE RIGHT TO DRIVE
Art. 61.- The deprivation of the right to drive motor vehicles or the right to obtain the
respective license, disqualifies the convicted person from exercising during the time set in the
judgment.
THERAPY PENALTY

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Art. 61-A.- The therapy penalty consists of systematic attendance at support sessions
psychosocial reeducation, individual or group, with professionals who help the sentenced to the
modification of violent behavior patterns. (19)

CHAPTER III
ADEQUACY OF PENALTIES

TAXABLE PENALTY AND INDIVIDUALIZATION
Art. 62.- Completed and attempted crimes are punishable. The fouls will only be
sanctioned if they are consummated.
The judge will set the measure of the penalty to be imposed, without going beyond the minimum limits and
maximum established by law for each crime and, when passing sentence, it will reason the reasons that
justify the measure of the sanction imposed, under penalty of incurring liability.
In the cases expressly provided for in this Code, the limits of the penalty may be exceeded.
established by law for each crime. In no case may it exceed the maximum penalty of
prison that the law determines.
DETERMINATION OF THE PENALTY
Art. 63.- The penalty may not exceed the devaluation that corresponds to the act carried out by the author and
It will be proportional to your guilt. For the determination of the penalty, in each case, it will be
especially note:

1) The extent of the damage and the actual danger caused;
2) The quality of the reasons that prompted the event;
3) The greater or lesser understanding of the illegal nature of the act;
4) The circumstances surrounding the event and, especially, the economic, social and
author's cultural; Y,
5) Extenuating or aggravating circumstances, when the law does not consider them as
elements of the crime or as special circumstances.

COMPETITION AND ASSESSMENT OF ATTENUATING OR AGGRAVATING CIRCUMSTANCES
Article 64.- The judge or court will assess the mitigating or aggravating circumstances taking into account
count their number, intensity and importance.
Extenuating and aggravating circumstances will not offset each other mathematically.

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When said circumstances concur in the same punishable act, the judge or court will assess
one and the other, in order to establish the fair proportion of the penalty to be imposed.
PENALTY OF AUTHORS, CO-AUTHORS, MEDIA AUTHORS AND INSTIGATORS
Art. 65.- The authors, co-authors, mediated authors and instigators of a crime or offense are
will impose the penalty that for each case is indicated in the law.
PENALTY OF THE COMPLICES
Art. 66.- The penalty of the accomplice in the case of numeral 1) of article 36 of this Code, will be fixed
between the legal minimum that corresponds to the crime and two-thirds of the maximum of the same
penalty and in the case of numeral 2) of the same article, it will be set between the legal minimum that
corresponds to the crime and half of the maximum of it, but in no case will it exceed the
two thirds of the penalty imposed on the author.
COMMUNICABILITY OF CIRCUMSTANCES AND QUALITIES
Art. 67.- The circumstances and qualities that affect the responsibility of one or more of the
the authors and participants, will only be taken into account with respect to who attends or who
would have acted determined by those same circumstances or qualities.
The same rule will apply with respect to circumstances and qualities that make up a criminal type.
special.
PENALTY OF THE ATTEMPT
Art. 68.- The penalty in cases of attempt will be set between half of the minimum and half of the
maximum of the penalty indicated to the consummated crime.
PENALTY IN CASE OF DEFEATABLE ERROR
Art. 69.- In the cases of a defeatable error regarding the illegality of the act constituting the infringement
criminal or a cause of exclusion of criminal responsibility the judge or court will fix the penalty between
one third of the minimum and one third of the maximum of the penalty indicated for the crime.
In the same way, the penalty will be set in cases of an error due to the illegality of the act.
constitutive of the criminal offense or a cause of justification.
PENALTY OF THE IDEAL CONTEST
Art. 70.- In the event of an ideal competition for crimes, the penalty that
it would correspond to the most serious crime, increased by up to a third.
If the concurrent crimes have the same maximum penalty determined by law, the court
determine the crime that in his opinion deserves the greatest penalty and increase it by up to a third
part of it.
The previous rules will not apply, if the imposition of
all penalties corresponding to concurrent crimes, in accordance with the determination
to do the same.

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PENALTY OF THE ROYAL CONTEST
Art. 71.- In the event of a real contest of crimes, all penalties will be imposed on the guilty party.
corresponding to the crimes he has committed, in order for him to carry them out successively by the
order of their respective severity, starting with the major penalty, but the set of penalties
imposed, in no case may it exceed seventy-five years. (13) (15)
PENALTY OF CONTINUING CRIME
Art. 72.- In case of a continuing crime, the guilty party will be punished for a single crime, with the
maximum of the penalty provided for this.
PENALTY OF MASS CRIME
Art. 73.- In the case of a mass crime, double the maximum of the foreseen penalty will be imposed on the guilty party.
for fraud; except when it is possible to apply the rules of the crime contest or
of the continued crime, results in a greater penalty, since in this case the latter will be imposed. (9)

CHAPTER IV
OF THE SUBSTITUTE FORMS OF THE EXECUTION OF THE DEPRIVATION PENALTIES OF
LIBERTY

REPLACEMENT OF THE PRISON PENALTY
Art. 74.- The judge or court shall, in a motivated manner, replace the higher prison sentences.
of six months and not exceeding one year for the same time of weekend arrest, of
public utility work or fine.
Likewise, it may, taking into account the circumstances of the act committed, substitute those superior to
one year and not to exceed three years for the same time of weekend or work arrest
of public utility.
CONVERSION RULE
Art. 75.- For cases of replacement of the prison sentence referred to in the previous article,
four weekends or four working days a week are equivalent to one month in prison.
For fractions of a month, the judge or court will make the replacement keeping the proportion
established.
JOINT PENALTIES OF PRISON AND FINE
Art. 76.- When the main penalty is jointly imprisonment and a fine, the former may not
be replaced by this one. In this case, the fine and the other penalty shall be applied simultaneously.
to replace that of prison, when appropriate.
CONDITIONAL SUSPENSION OF THE EXECUTION OF THE PENALTY

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Art. 77.- In cases of imprisonment that does not exceed three years and in the absence of the forms
substitutes mentioned above, the judge or court may justly grant the suspension
conditional on the execution of the sentence, suspending its fulfillment for a period of
test of two to five years, taking into account the personal circumstances of the convicted person, those of the
done and the duration of the sentence.
This decision will be based on:

1) In the unnecessary or inconvenient of the prison sentence and of any of those that
replace; Y,
2) That the beneficiary has canceled the civil obligations arising from the fact
determined in the sentence, satisfactorily guarantee compliance or demonstrate
your absolute inability to pay.

EXTRAORDINARY CONDITIONAL SUSPENSION OF THE EXECUTION OF THE PENALTY
Art. 78.- When the conditional suspension of the execution of the sentence does not proceed, for preventing it
the personal circumstances of the accused or their submission to another process, the judge or court
may provide it extraordinarily, when the act has been committed between spouses,
life partners or partners, father, mother, or adopted child and relatives who are
in the fourth degree of consanguinity or second degree of affinity or within groups of
coexistence and is clearly convenient for the victim or for the reestablishment of
harmony in the group or for the prevention of other crimes.
OBLIGATIONS INHERENT TO THE SUSPENSION
Art. 79.- Once the suspension has been granted, the judge or court will specify the conditions to which the
subject the freedom of the favored during the trial period, among the following:

1) Begin and end primary schooling, if not completed, learn a
profession or trade or follow training courses in the place or institution that determines
Judge;
2) Refrain from going to certain places;
3) Refrain from the consumption of any drug or the abuse of alcoholic beverages; Y,
4) Any other that is advisable according to the particular circumstances of the
case.

PROHIBITION OF THE JUDGE
Art. 80.- The judge or court may not impose conditions the fulfillment of which is detrimental to the
condemned or liable to offend his dignity or esteem. The rules of conduct may not

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affect the area of ​privacy of the convicted person, or contradict their religious, political or
their rules of conduct not directly related to the act committed.
BREACH OF RULES OF CONDUCT
Art. 81.- The breach of the conditions, the commission of a new crime or the theft of the
sentenced to surveillance, allow the judge or court to modify said rules or extend the
probationary period, which in no case may exceed five years or enforce the penalty
imposed.
JUDICIAL FORGIVENESS
Art. 82.- When the fact has had for the author, or for the persons mentioned in the
previous article, or for persons affectively linked to it or for their patrimony,
injurious consequences of considerable gravity and that, according to the circumstances
constitute sufficient motivation for their conduct, the judge or court may annul the
imprisonment not exceeding three years.
FULFILLMENT OF THE PENALTY
Art. 83.- After the trial period has elapsed without the suspension having been revoked.
conditional, the sentence imposed in the sentence shall be deemed to have been completed.
The conditional suspension will not affect civil liability.
EXTRAORDINARY SUSPENSION OF THE EXECUTION OF THE PENALTY
Art. 84.- The corresponding surveillance judge may suspend the total or partial execution of the
penalties, in cases of imprisonment of less than three years, when there are well-founded reasons for
health or in the case of a pregnant woman, for a period that cannot exceed one
year. Likewise, the Judge may suspend the execution for up to six months, when his immediate
compliance involves damage of extraordinary magnitude to the convicted person or his family or to
the people who depend on him, provided that the suspension does not result in consequences
negative for the victim or for their relatives.
CONDITIONAL FREEDOM
Art. 85.- The corresponding surveillance judge may grant conditional freedom in crimes
whose maximum prison limit exceeds three years, provided that the convicted person meets the
following requirements:

1) That two thirds of the sentence imposed have been served;
2) That he deserves said benefit for having observed good conduct, after a prior report
favorable from the Regional Criminological Council; Y,
3) That he has satisfied the civil obligations arising from the fact and determined
by judicial resolution, satisfactorily guarantee its compliance or demonstrate its
inability to pay.

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In the case of a real contest of crimes, in addition to the established requirements, it will proceed
parole if the convicted person has served two-thirds of the totality of
the penalties imposed.
EARLY PAROLE
Art. 86.- At the proposal of the Regional Criminological Council, the surveillance judge may
corresponding, grant conditional release to those sentenced to prison who have
After serving half of the sentence and meeting the other requirements of the previous article,
provided that they deserve said benefit for having developed work, cultural,
occupational or other types susceptible of equal valuation and exists with respect to the same
an individualized and favorable prognosis for social reintegration.
OBLIGATIONS INHERENT TO PAROLE
Art. 87.- The benefit of conditional release must be agreed by the surveillance judge.
corresponding, by resolution in which it will specify the conditions to which the
freedom of the favored during the trial period. The conditions will be the same
indicated in Art. 79 of this Code.
TRIAL PERIOD
Art. 88.- The trial period to which whoever enjoys the benefit of freedom will be subject.
conditional, it will include the period that the beneficiary lacks to fulfill the sentence that is
would have taxed.
REVOCATION FOR NEW OFFENSE
Art. 89.- If during the trial period the defendant commits a new fraudulent crime and it is decreed
his provisional detention by him, the conditional release will be revoked, without prejudice to the fact that if
If it is definitive dismissal, the favored person may continue to enjoy the expressed benefit.
REVOCATION FOR BREACH OF CONDITIONS
Art. 90.- Conditional release may also be revoked at the prudential judgment of the judge of
corresponding surveillance, if the beneficiary does not meet any of the conditions that were
imposed upon granting the benefit.
EFFECTS OF THE REVOCATION
Art. 91.- The revocation of the conditional release obliges to serve the rest of the sentence, without
prejudice to the corresponding penalty in the event of a new crime committed.
TOTAL COMPLIANCE WITH THE PENALTY
Art. 92.- Freedom will be considered final and the penalty will be considered fully extinguished,
if during the trial period referred to in Art. 88 of this Code there has not been
parole revoked.
EXCEPTIONS TO SUBSTITUTE FORMS

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Art. 92.-A.- Article 85 shall not apply to repeat offenders, habitual, to whom they have
reconciled, before the new crime, in the last five years a similar offense, or those that
belong to illicit organizations or with illicit purposes, gangs or criminal gangs, to the
who carry out their conduct in a group of four or more people, in cases of crimes that
injure or endanger life, personal integrity, freedom of movement, freedom
sexual or heritage. (eleven)
The subject who commits the punishable act in the circumstances is considered a repeat offender or habitual person
established in numeral 16 of article 30 of this Code. (eleven)

TITLE IV
SECURITY MEASURES
SINGLE CHAPTER
CLASSES OF SECURITY MEASURES

Art. 93.- The security measures will be, according to the situation of the subject, of
hospitalization, outpatient medical treatment or surveillance.
The internment will consist of the application of a special regime of deprivation of liberty and
will fulfill in agricultural colonies, labor institutes or other similar establishments, or in
sections destined for this purpose in penal centers.
Outpatient medical treatment consists of the obligation of the person to undergo
therapeutic treatment of a psychiatric or psychological nature, without requiring hospitalization
no special center.
Surveillance may include domiciliary restriction, setting rules of conduct or controls
newspapers in the judgment of the corresponding surveillance judge.
IMPOSITION OF SECURITY MEASURES
Art. 94.- Security measures may be imposed on persons exempt from
criminal responsibility based on number 4) of article 27 of this Code. (9)
JOINT PENALTY AND SECURITY MEASURE
Art. 95.- When any of the necessary requirements to totally exclude the
criminal responsibility in the cases of number 5 of article 27 of this Code, the judge or
The court, in addition to the indicated penalty, may impose on the author any of the measures of
security provided here. In any case, the measure will be fulfilled before the penalty and the term of
its duration will be computed as compliance with it. The corresponding surveillance judge,
will order the suspension of the measure, when it considers that it is no longer necessary, but its duration
It may not exceed the time that would correspond as a penalty.

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Once the security measure has been complied with, the corresponding surveillance judge may, if with the
execution of the sentence would jeopardize the effects achieved through the measure,
suspend compliance with the rest of that.

TITLE V
EXTINCTION OF CRIMINAL LIABILITY AND ITS EFFECTS
CHAPTER I
OF THE CAUSES THAT EXTINGUISH CRIMINAL LIABILITY

CAUSES OF EXTINCTION
Art. 96.- The following are causes of extinction of criminal responsibility:

1) Compliance with the sentence or the respective probationary period in cases of
conditional suspension of execution of sentence or probation;
2) The death of the condemned person;
3) The prescription;
4) Amnesty;
5) The pardon;
6) The forgiveness of the offended;
7) The judicial pardon;
8) The suffering of an incurable disease in the terminal period; Y,
9) Other cases expressly indicated by law.

INDIVIDUAL AND JOINT TERMINATION
Art. 97.- The penalty is extinguished individually for each of the persons who have
taken part in the act, except in the cases of pardon, in which it is extinguished
together for all.
DEATH OF THE CONDEMNED
Art. 98.- The death of the convicted person extinguishes the penalty imposed, including the unsatisfied fine.

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PENALTY PRESCRIPTION
Art. 99.- The custodial sentence imposed by a final judgment is extinguished by prescription
within a period equal to the penalty imposed plus a quarter of it, but in no case
will be less than three years old. (9)
The non-custodial sentence prescribes after three years.
The penalty imposed for a misdemeanor prescribes in one year.
It does not prescribe the penalty in the following cases: torture, acts of terrorism, kidnapping, genocide,
violation of the laws or customs of war, forced disappearance of persons, persecution
political, ideological, racial, by sex or religion, as long as they are facts whose beginning of
execution was after the effective date of this Code.
INITIATION OF THE PRESCRIPTION TERM
Art. 100.- When the corresponding penalty has not begun to be served, its prescription
it will start to run from the date the judgment is final. If he had started his
compliance, will run from the breach of the sentence.
SUSPENSION OF THE PRESCRIPTION
Art. 101.- The prescription of the sentence will be suspended while its execution is
legally deferred or while the convicted person is serving another sentence with deprivation of liberty
at home or abroad.
INTERRUPTION OF THE PRESCRIPTION
Art. 102.- The prescription of the sentence imposed is interrupted with the commission of a new crime,
the elapsed time being without effect. From that moment on it will start to run from
new the statute of limitations.
PRESCRIPTION OF SECURITY MEASURES
Art. 103.- Security measures prescribe after five years, if they are deprived of liberty and
at three years, if they are not.
The term of the prescription will begin to run from the date the resolution that
imposed the security measures or in case of successive compliance, since it had to
begin to be fulfilled.
AMNESTY
Art. 104.- The amnesty extinguishes the criminal action and makes the execution of the sentence cease and all
the criminal consequences thereof.
The amnesty can be absolute or restricted, the latter leaves civil liability subsisting.
PARDON

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Art. 105.- The pardon is the extinction of the sentence imposed by a final sentence, leaving
civil liability remains.
PROHIBITION OF EXTINCTION OF SECURITY MEASURES
Art. 106.- The security measures are not extinguished by amnesty or pardon.
REGIME OF FORGIVENESS
Art. 107.- The pardon of the offended person will extinguish the criminal responsibility in the crimes of action
private or public action prior private instance, and will operate in the cases determined by
the law.
In cases of judicial pardon, the provisions of articles 82 and 372 of this
Code.
INCURABLE DISEASE IN TERMINAL PERIOD
Art. 108.- The judge or court will declare the sentence imposed at any time of the
compliance with it, when it is proven by experts that the convicted person suffers a
incurable disease in terminal period. Submitting you to outpatient medical treatment or
surveillance, as appropriate.
This form of termination does not affect civil liability.

CHAPTER II
OF THE REHABILITATION AND CANCELLATION OF RECORDS

CONCEPT AND PROCEDURE
Art. 109.- By rehabilitation, all the effects of the penalty are definitively extinguished.
When his criminal responsibility has been extinguished, the convicted person has the right to request the
rehabilitation, provided that he has satisfied, as far as possible, the civil consequences of the crime.
EFFECTS OF REHABILITATION
Art. 110.- Rehabilitation produces the following effects:

1) The recovery of citizen rights and the disappearance of any other
disqualification, prohibition or restriction on criminal grounds; Y,
2) The cancellation of criminal records in the Registry of convicts kept by the
corresponding body.

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REHABILITATION FOR JUDICIAL ERROR
Art. 111.- In case of review of sentences, if a judicial error is established in
In relation to the convicted person, the court will notify the competent body, for the purposes that
the previous articles point out.
CRIMINAL RECORDS REGIME
Art. 112.- The agency in charge of keeping the criminal record shall
inform about them, the interested party, any judge or magistrate competent in
criminal matters, and to the judge of penitentiary surveillance. (eleven)
The registration of sentences expires in all its effects one year after the sentence has expired. (twenty-one)
In cases of cancellation or expiration of the records, the criminal record that appears is not
will take into account for no effect; If certifications of these are requested, they must be made
expressly state both circumstances in your case.
In the aforementioned register, annotations of the crimes will also be kept.
reconciled by one person for a period of five years. To this end, the Prosecutor's Office and the courts
with competence in criminal matters must send to the corresponding registry the information that
Identify the person, the file number, the crime conciliated and a brief list of the
agreements reached. The effects of this registration expire five years after having
the conciliation has been produced provided that the agreements have been fulfilled. Your advertising is
It will be subject to the provisions of the first paragraph of this article. (eleven)
CANCELLATION OF RECORDS OF SECURITY MEASURES
Art. 113.- The annotations of the security measures imposed in accordance with this Code are
will be done in the same way as the criminal record and will be canceled once completed or
prescribed the respective measure and meanwhile, only appear in the certifications that the
registration issued to the corresponding surveillance judge, in the cases established in the
law.

TITLE VI
CIVIL CONSEQUENCES OF THE PUNIBLE EVENT
CHAPTER I
OF CIVIL LIABILITY AND ITS CONSEQUENCES

CIVIL LIABILITY
Art. 114.- The execution of an act described by law as a crime or misdemeanor gives rise to a civil obligation.
in the terms provided in this Code.
CIVIL CONSEQUENCES

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Art. 115.- The civil consequences of the crime, which will be declared in the sentence,
they comprise:

1) The restitution of the things obtained as a result of the accomplishment of the fact
punishable or, failing that, the payment of the respective value;
2) The repair of the damage that has been caused;
3) Compensation to the victim or his family for damages caused by damages
material or moral; Y,
4) The procedural costs.

The restitution must be made of the same thing, whenever possible, with payment of
deterioration or impairment, to the regulation of the judge or court. It operates even if the thing is in
power of third party and he has acquired it by legal means, except for his right of repetition against
who corresponds and, if applicable, the right to be compensated civilly by the
responsible for the crime or misdemeanor.
The repair of the damage will be done by assessing by the judge or court the entity of the damage caused,
considering the price of the thing and the affliction of the victim.
The compensation for damages includes not only those caused to the injured party, but also those that are
Irrogate their relatives or a third party. The amount will be regulated taking into account the entity of the
damage and the needs of the victim, according to their age, status and work aptitude and,
in addition, of the benefit obtained by the commission of the crime.

CHAPTER II
OF THE PEOPLE INCURRED IN CIVIL LIABILITY

DIRECT CONTROLLERS
Art. 116.- Any person criminally liable for a crime or misdemeanor is also civilly liable, if
Damages or losses are derived from the fact, be they of a moral or material nature.
Companies that have assumed the risk of pecuniary liabilities such as
consequence of an event provided for in criminal law, they will be civilly liable up to the limit
of the legally established or conventionally agreed compensation, without prejudice to the
right of repetition against whoever corresponds.
OTHER RESPONSIBLE
Art. 117.- The exemption from criminal responsibility declared in accordance with numbers 3, 4, and 5 of the
Article 27 of this Code does not include civil liability, which will be effective
in accordance with the following rules:

Page 31

1) In the cases of number 3, the person in whose favor it was
cautious evil, in proportion to the benefit received. If such proportion is not
determinable, the judge or court will establish it prudently;
2) In the cases of number 4, they are subsidiary civil liable, those who have the
authors or participants under their authority or legal guardianship or in fact, provided that there is
your party's fault or negligence; Y,
3) In the cases of number 5, the one that has caused the situation of non-enforceability and, in
failing that, the one who has executed the act.

CHAPTER III
OF THE WAYS TO COMPLY WITH CIVIL LIABILITY

SOLIDARITY CIVIL LIABILITY
Art. 118.- The civil liability derived from a crime or misdemeanor, will have a joint and several character between the
declared criminally responsible as authors or participants.
Notwithstanding the foregoing and for the internal effects of the solidarity relationship, in the case of
two or more those criminally responsible for a crime or misdemeanor, the judge or court will set the fee for the
that each one of them must respond civilly in proportion to their contribution to the result.
SUBSIDIARY CIVIL LIABILITY
Art. 119.- Subsidiary civil liability will have the same extension as that of the person responsible.
principal failing which it is enforceable.
Subsidiary civil liability may be common or special, depending on the nature of the
person who is obliged by law to answer for another.
COMMON SUBSIDIARY CIVIL LIABILITY
Art. 120.- Subsidiary civil liability is common, when the one who responds for the damages and
damages arising from the punishable act committed by the accused, is a natural person.
The natural persons who own companies or establishments in which the
committed a punishable act by their administrators, dependents or any worker
at your service or when the event occurs outside of it, but due to a work activity.
Anyone who, by lucrative title, has participated in the effects of a crime or misdemeanor, is obliged to
compensation up to the amount of your participation.
SPECIAL SUBSIDIARY CIVIL LIABILITY

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Art. 121.- Subsidiary civil liability is special, when the person responsible for the damages
and damages arising from the punishable act committed by the accused, is a legal person, or,
where appropriate, it is the State or any of its autonomous entities.
In the first case, they are indirectly obligated:

1) Legal persons that own companies or establishments in which a crime was committed
punishable by their administrators, dependents or any worker to
your service or when the event occurs outside of it, but due to an activity
labor;
2) Legal persons whose managers, administrators or legal representatives are
responsible for the punishable acts; Y,
3) Those indicated by the special laws.

In the second case, the State is subsidiarily liable for damages
derived from the punishable acts committed by its officials or employees as a result of the
performance of their duties; In the same way, the autonomous public institutions and
municipalities when expressly ordered by law.
TRANSMISSION OF CIVIL REPAIR
Art. 122.- The obligation of civil reparation falls on the succession of the debtor and burdens the
inheritance assets, transmitting it to their heirs regarding the inherited assets; Y
The right to demand it will be held by the heirs of the offended party, if he has died.
RIGHT OF PREFERENCE
Art. 123.- The obligation to compensate is preferential to the payment of the fine and to all those that
the person responsible after committing the crime. And if your assets are not enough
To cover all pecuniary liabilities, these will be met in the following order:

1) Compensation and reparation of damages;
2) Payment of the fine; Y,
3) The reimbursement of the expenses that have been made on their own in the process.

RIGHT OF REPETITION
Art. 124.- In all cases in which joint or several liability is made effective,
The right of repetition granted by law to whoever has paid is safe.
TERMINATION OF CIVIL LIABILITY

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Art. 125.- The extinction of criminal responsibility does not entail the extinction of civil responsibility, which
It is governed by civil laws.

TITLE VII
ACCESSORY CONSEQUENCES
SINGLE CHAPTER
OF THE LOSS OF THE PRODUCT, OF THE PROFITS AND COMING ADVANTAGES
OF THE FACT AND OF THE COMMISSION
OF THE LOSS OF THE PRODUCT OF THE PROFITS FROM THE FACT

Art. 126.- Without prejudice to returns and repairs due for damages.
derived from the fact, the judge or court will order the loss of the product, of the profits and of
the advantages obtained by the convicted person as a result of the act, in favor of the State.
This loss will include the values, rights and things obtained by any title, with
reason or as a result of the fact, by the convicted person or by another person, natural or legal, to
which the condemned person would have acted. They will also suffer the loss of values, rights or
things, third parties who have acquired them even for free, knowing that the
They come from a criminal activity, with the purpose of concealing the illicit origin of
said values, rights or things or to help whoever is involved in said activity.
COMMISSION
Art. 127.- Without prejudice to the rights of purchasers in good faith for consideration and the
improvements that have been introduced or of the expenditures that the purchasers have made on behalf of
free of charge, the judge or court will order the confiscation or loss in favor of the State, of the objects or
Instruments used by the convicted person to prepare or facilitate the event. The confiscation will not be
proceeding in case of negligent acts.
The confiscation will only proceed when the objectives or instruments are the property of the convicted person.
or are in their power without any claim from third parties. When the loss turns out
disproportionate to the seriousness of the fact that motivates the conviction, the judge or court may
leave it without effect, restrict it to a part of the thing or order a reasonable substitute payment to the
Condition.

BOOK TWO
SPECIAL PART
OF CRIMES AND THEIR PENALTIES
TITLE I
CRIMES RELATED TO LIFE

Page 34

CHAPTER I
OF HOMICIDE AND ITS FORMS

SIMPLE HOMICIDE
Art. 128.- Anyone who kills another will be punished with a prison term of ten to twenty years.
AGGRAVATED HOMICIDE
Art. 129.- It is considered aggravated homicide the one committed with any of the circumstances
following:

1) Ascendant or descendant, adopter or adoptee, brother, spouse or person
with whom he coexists maritally;
2) When the homicide occurs, where appropriate, to prepare, facilitate, consummate or hide
the crimes of kidnapping, rape, sexual assault, robbery, extortion, acts of terrorism,
illicit associations, illegal trade and deposit of weapons, smuggling, money laundering
and assets and those included in Chapter II of this Code relating to crimes of the
corruption and Chapter IV of the Law regulating Activities Relating to Drugs or
to ensure the results of any of them or impunity for the author or for
his accomplices or for not having achieved the intended purpose when attempting any of the
offenses mentioned. (11) (15)
3) With treachery, premeditation, or abuse of superiority; (11) (12)
4) With poison or other insidious means;
5) With cruelty or deliberate increase in the pain of the offended;
6) By price, reward, or remuneration promise;
7) For heinous or futile motives;
8) When it is executed by civil or military authority, taking advantage of such quality; Y,
9) When it is preceded by the forced disappearance of persons.
10) When it is executed in the person of a public official, public authority,
law enforcement officer, or members of the prison staff, whether they are or are
not in the exercise of their functions or on the occasion of them. (5) (28)

In these cases the penalty will be thirty to fifty years in prison. (11) (12) (15)
PROPOSITION AND CONSPIRACY IN THE CRIME OF AGGRAVATED HOMICIDE

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Art. 129-A.- Proposal and conspiracy in cases of aggravated homicide will be
sanctioned respectively, with the same penalty as that established in the previous article. (13)
GODLY HOMICIDE
Art. 130.- The homicide caused by motives of mercy, in order to hasten a death
imminent or end serious suffering, will be punished with imprisonment from one to five years
provided that the following requirements are met:

1) That the victim is in a state of despair due to suffering
observable, that are publicly known and that the opinion of the doctors that the
attend so if it has been stated;
2) That the active subject is linked by some family bond, intimate friendship or
love with the sick; Y,
3) That the taxpayer demonstrate his desire to die due to external manifestations of
repeated and express requests.

INDUCTION OR ASSISTANCE TO SUICIDE
Art. 131.- He who induces another to suicide or assists him to commit it, if the
death, will be punished with imprisonment for two to five years.
CULPABLE HOMICIDE
Art. 132.- Wrongful death will be punished with two to four years' imprisonment.
When the wrongful death is committed by driving a vehicle, it will be imposed
likewise the penalty of deprivation of the right to drive or obtain the respective license by a
term of two to four years when required.
If the wrongful death occurs as a result of the exercise of a profession or activity
medical or paramedical, the penalty of special disqualification will also be imposed for the exercise
of such profession or activity for a term of two to four years.

CHAPTER II
OF THE CRIMES RELATING TO THE LIFE OF THE HUMAN BEING IN FORMATION

CONSENT AND OWN ABORTION
Art. 133.- Whoever causes an abortion with the consent of the woman or woman who causes
your own abortion or consent to another person to perform it, will be punished with prison
two to eight years.

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ABORTION WITHOUT CONSENT
Art. 134.- Anyone who causes an abortion, without the consent of the woman, will be punished with
imprisonment for four to ten years.
The same penalty shall be incurred by the one who performs the abortion of the woman, having achieved his
consent through violence or deception.
AGGRAVATED ABORTION
Art. 135.- If the abortion is committed by a doctor, pharmacist or by people who perform
Auxiliary activities of the aforementioned professions, when they are engaged in said practice, will be
sanctioned with imprisonment from six to twelve years. The penalty of disqualification will also be imposed
special for the exercise of the profession or activity for the same period.
INDUCTION OR SUPPORT TO ABORTION
Art. 136.- Whoever induces a woman or facilitates the economic or other means so that
an abortion is performed, it will be punished with a prison term of two to five years.
If the person assisting or inducing the abortion is the parent, the penalty will be increased by one
third part of the maximum penalty indicated in the previous paragraph.
CULPOSE ABORTION
Art. 137.- Anyone who culpably causes an abortion will be punished with six months' imprisonment.
to two years.
The miscarriage caused by the pregnant woman herself, and her attempt to cause
your abortion will not be punishable.
INJURIES IN THE UNBORN
Art. 138.- Anyone who causes an injury or illness in the unborn that harms
seriously its normal development or cause in it a serious physical or mental defect, it will be
punished with imprisonment from one to ten years, depending on the severity of the same. (eleven)
GUILTY INJURIES IN THE UNBORN
Art. 139.- The person who culpably causes the injuries described in the previous article, will be
sanctioned with a fine of fifty to one hundred days fine.
The pregnant woman will not be penalized under this precept.
GENETIC MANIPULATION
Art. 140.- The one that with a purpose other than the elimination or reduction of defects or diseases
serious, manipulate human genes in a way that alters the vital constitutional type, it will be
sanctioned with imprisonment from three to six years.
The same penalty shall be incurred by the person who undergoes or manipulates cloning with human cells,
for human reproduction purposes.

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The application of genetic technology to determine sex, without consent of the
parents, will be punished with imprisonment from six months to one year and special disqualification of
profession or trade from six months to two years.
GUILTY GENETIC MANIPULATION
Art. 141.- Whoever performs manipulations with human genes and will culpably cause a
damage in the vital type, will be sanctioned with a fine of fifty to one hundred days fine.

TITLE II
CRIMES RELATING TO PERSONAL INTEGRITY
CHAPTER I (11)
OF INJURIES

INJURIES
Art. 142.- Anyone who by any means, even by contagion, causes damage to another in his or her
health, which undermines their personal integrity, would have produced an inability to attend the
ordinary occupations or illnesses for a period of five to twenty days, having been
necessary medical or surgical assistance will be punished with imprisonment of one to three years. (3. 4)
SERIOUS INJURIES
Art. 143.- Injuries are considered serious if they produce incapacity to attend to the
ordinary occupations or illness for a period greater than twenty days, having been
necessary medical or surgical assistance. In these cases the prison sentence of three
to six years.
VERY SERIOUS INJURIES
Art. 144.- The penalty will be from four to eight years in prison if any of the
following results:

1) Severe physical deformity in the body;
2) Severe permanent functional disturbance, loss of function or anatomical loss
of a main body or member;
3) Serious psychic disturbance; Y,
4) Illness that seriously endangers the health of the person.

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AGGRAVATED INJURIES
Art. 145.- If in the cases described in the previous articles, any of the
circumstances of the aggravated homicide, the penalty will be increased by up to one-third of its
maximum.
GUILTY INJURIES
Art. 146.- Anyone who by fault causes another injury, will be punished with imprisonment for six
months to two years.
When wrongful injuries are committed by driving a vehicle, it is
It will also impose the penalty of deprivation of the right to drive or to obtain the license
respective for a term of one to three years, when required.
When wrongful injuries occur as a result of the exercise of a profession or
medical or paramedical activity, the penalty of special disqualification will also be imposed for the
exercise of such profession or activity for a term of six months to two years.
ATTENUATING CONSENT AND EXEMPTIONAL CONSENT
Art. 147.- In the crimes of injuries, if there is free, spontaneous and express consent of the
offended, the perpetrator will be punished with imprisonment from six months to two years or a fine of thirty to
sixty days fine.
The consent exempts from criminal responsibility in the cases of donation or transplantation of
human organs or tissues, sterilizations and transsexual surgery, performed in accordance with the
Health Code and by physician. (14)
The consent given by a minor or an incapacitated person for these purposes will not be
valid, as well as the one provided by his legal representatives. However, it will not be
The sterilization of an incapable person who suffers from a serious mental deficiency is punishable
is authorized by the judge or court, at the request of the legal representative of the incapacitated person, prior
opinion of physician.

CHAPTER II (11)
CRIMES OF DANGER TO LIFE AND PERSONAL INTEGRITY (11)

FIREARM SHOOTING (11)
Art. 147.-A.- Anyone who shoots a firearm at a person without homicidal intent that may
deduced from the circumstances in which the shot was executed, will be punished with imprisonment of
one to three years, as long as it does not cause personal injury. (11) (17)
Whoever unjustifiably shoots a firearm in an inhabited place, in his neighborhood,
on public roads or in a frequented public place, he will be punished with imprisonment from six months to two
years. (17)

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If injuries result, the act will be considered, as a general rule, as homicide tempted to
unless the Judge considers the situation of the injuries due to their low severity or due to
other circumstances that there was no intention to kill. In this case, the sanction that
corresponds to the crime of injuries when they have a greater penalty than the crime of shooting; but
if the injuries have less penalty, the rules of the ideal crime contest will apply. (eleven)
TRAFFICKING AND ILLEGAL POSSESSION OF HUMAN ORGANS AND TISSUES (14)
Art. 147-B.- Whoever extracts or transplants human organs or tissues, without being duly
authorized to do so, as established in the Health Code, will be punished with imprisonment of
four to eight years. (14)
The same sanction will be imposed on whoever deals with human organs or tissues. (14)
Whoever has in his possession, organs or tissues of human persons, without being authorized to
This, as established by the Health Code, will be sanctioned from three to five years of
prison. (14)
INFORMATION HANDLING (14)
Art. 147-C.- The health professional who participates in a diagnostic evaluation process to
a surgical procedure for the extraction or transplantation of human tissues, which provides
false or distorted information in order to influence the decision to donate or receive such
organs or tissues, will be punished with a prison term of three to five years. (14)
If as an effect of the influence indicated in the previous paragraph, the death of the donor occurs
or the recipient, the penalty will be increased by up to a third of the maximum penalty
indicated. (14)
UNDUE SUPPLY OF ALCOHOLIC BEVERAGES
Art. 147-D.- Whoever supplies or dispenses alcoholic beverages for their consumption, to minors
of eighteen years of age, will be punished with imprisonment from six months to three years and with a fine
fifty to one hundred days fine. (19)
TEMERARY DRIVING OF MOTOR VEHICLE
Art. 147-E.- He who through reckless driving of a motor vehicle transgresses the
road safety regulations, endangering the life or physical integrity of people, will be
punished with a prison sentence of one to three years, and disqualification of the right to drive
vehicles for equal time. (twenty-one)
For the purposes of the previous paragraph, reckless driving will be considered: driving in a state of
drunk or under the influence of drugs that limit the ability to drive; dispute the way
between vehicles; perform speed competitions on public roads, without prior permission from the
competent authority. (twenty-one)
This sanction will be aggravated by up to a third of the established maximum, when
I will do it by driving collective or heavy load vehicles. (twenty-one)
DISCLOSURE OF THE IMAGE OR DISCLOSURE OF DATA OF PROTECTED PERSONS

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Art. 147-F.- Anyone who discloses the image or reveals data that allows a person to be identified
beneficiary of the Victim and Witness Protection Program will be punished with imprisonment of
four to eight years. (32)
The penalty will be aggravated by up to a third of the maximum if injuries or death of
the protected person or the act was committed by a public official or employee,
public authority or agent of authority. (32)

TITLE III
CRIMES RELATING TO FREEDOM
CHAPTER I
OF CRIMES RELATING TO INDIVIDUAL FREEDOM

DEPRIVATION OF FREEDOM
Art. 148.- Anyone who deprives another of their individual freedom will be punished with a prison term of three to
six years. (13)
KIDNAPPING
Art. 149.- Whoever deprives another of his individual freedom with the purpose of obtaining a ransom, the
fulfillment of a certain condition, or for the public authority to carry out or stop
perform a certain act, will be punished with a penalty of thirty to forty-five years
prison, in no case may the condemned person be granted the benefit of probation or
advance parole. (13) (15)
PROPOSITION AND CONSPIRACY IN THE CRIMES OF DEPRIVATION OF LIBERTY AND
KIDNAPPING
Art. 149-A.- Proposal and conspiracy to commit any of the behaviors described
in the two previous articles, will be sanctioned, in the case of deprivation of liberty with
prison from one to three years, and in the case of kidnapping, with prison from ten to twenty years. (13)
ATTACKS AGAINST INDIVIDUAL FREEDOM AGGRAVATED
Art. 150.- The penalty corresponding to the crimes described in the previous articles, is
will increase up to one third of the maximum, in any of the following cases:

1) If the crime is executed with simulation of public authority or false order of the
herself;
2) If the deprivation of liberty lasts for more than eight days;
3) If it is executed on a person under eighteen years of age, over sixty,
invalid, or pregnant woman;

Page 41

4) If it is executed in order to change the affiliation;
5) If it implies submission or servitude that undermines their dignity as a person;
6) If the victim is one of the officials referred to in Art. 236 of the Constitution of
the Republic; Y,
7) If executed in person, who, in accordance with the rules of international law,
El Salvador should have special protection.

ATTACKS AGAINST INDIVIDUAL FREEDOM ATTENED
Art. 151.- If the victim is voluntarily released before seventy-two hours, without
that the specific purposes of the deprivation of liberty have been obtained, the prison sentence to
referred to in the previous articles will be reduced by up to a third of the maximum.
If the voluntary release proceeds within twenty-four hours of the deprivation of liberty,
Without the specific purposes of this having been obtained, the prison sentence will be reduced until the
half of the maximum.
DETENTION BY INDIVIDUAL
Art. 152.- The individual who detains a person caught in flagrante delicto and does not give an account
with it to the competent authority immediately after capture, will be sanctioned with
imprisonment from six months to a year.

CHAPTER II
OF CRIMES RELATING TO PERSONAL AUTONOMY

COERCION
Art. 153.- He who by means of violence forces another to carry out, tolerate or omit any action,
will be punished with imprisonment from one to three years.
When the coercion exercised has the purpose of preventing the exercise of a fundamental right,
will impose a prison sentence of two to four years.
THREATS
Art. 154.- Anyone who threatens another with causing him or his family damage that constitutes
crime, in their persons, freedom, sexual freedom, honor or in their patrimony, will be sanctioned with
prison from one to three years.
SPECIAL AGGRAVATION

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Art. 155.- In the cases of the two previous articles, special aggravating factors will be considered, if
are committed under any of the following circumstances: (34)

1) That the act was committed with a weapon; (3. 4)
2) That the action was committed by two or more people; (3. 4)
3) If the threats were anonymous or under condition; and (34)
4) If the actions fall on those who have the quality of victims or witnesses and on
any of the persons who enjoy the regime of the Special Law for the Protection
Victims and Witnesses. (3. 4)

In these cases the penalty will be three to six years in prison. (3. 4)
CHAPTER III
OF ARTIFICIAL INSEMINATION AND EXPERIMENTATION

NON-CONSENTED ARTIFICIAL INSEMINATION
Art. 156.- Anyone who artificially inseminates a woman without her consent will be sanctioned.
with two to four years' imprisonment.
Anyone who inseminates a single woman under the age of fourteen will be punished with a prison term of three to
six years.
FRAUDULENT INSEMINATION
Art. 157.- Anyone who fraudulently alters the agreed conditions to execute a
artificial insemination or obtain consent through deception or false promise, will be
sanctioned with imprisonment from six months to two years.

TITLE IV
CRIMES AGAINST SEXUAL FREEDOM
CHAPTER I
OF RAPE AND OTHER SEXUAL ASSAULT

VIOLATION

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Art. 158.- Anyone who, through violence, has vaginal or anal carnal access with another
person, will be punished with imprisonment from six to ten years.
VIOLATION IN MINOR OR INABILITY
Art. 159.- Whoever has carnal access via vaginal or anal with a minor under fifteen years of age
or with another person taking advantage of their mental derangement, their state of unconsciousness or
for his inability to resist, he will be punished with a prison term of fourteen to twenty years. (19)
Who by deceit places the victim in a state of unconsciousness or incapacitates him to
resist, you will incur the same penalty, if you carry out the conduct described in the first paragraph of this
Article. (9) (19)
OTHER SEXUAL ASSAULT
Art. 160.- Whoever performs on another person any sexual assault that is not constitutive of
violation will be punished with a prison term of three to six years.
If the sexual assault consists of oral carnal access, or introduction of objects in the vaginal route
or anal, the penalty will be six to ten years in prison.
SEXUAL ASSAULT IN MINOR AND INCAPABLE
Art. 161.- Sexual assault carried out with or without violence that does not consist of carnal access,
in a minor under fifteen years of age or in another person, taking advantage of their mental derangement,
of his state of unconsciousness or his inability to resist, he will be punished with imprisonment of
eight to twelve years. (9) (19)
Who by deceit places the victim in a state of unconsciousness or incapacitates him to
resist, you will incur the same penalty, if you carry out the conduct described in the first paragraph of this
Article. (9) (19)
If any of the circumstances indicated in the second paragraph of the article concur
above, the penalty will be fourteen to twenty years in prison. (9) (19)
RAPE AND AGGRAVATED SEXUAL ASSAULT
Art. 162.- The crimes referred to in the four previous articles will be punished with the
corresponding maximum penalty, increased by up to a third, when they are
executed:

1) By ascendants, descendants, siblings, adopters, adopted or when
commits in the offspring of the spouse or partner;
2) By public authority or by any other person who has the custody of the
victim;
3) When the victim is under eighteen years of age; (9)
4) By the person in charge of the guard, protection or surveillance of the victim; (9)

Page 44

5) When it is executed with the help of two or more people;
6) When especially brutal means, modes or instruments are used,
degrading or vexatious; Y,
7) With abuse of domestic relationships or trust derived from relationships of
work. (9)

CHAPTER II
OF THE STUPRO

RAPE
Art. 163.- Whoever has carnal access by means of a vaginal or anal deception, with a person
over fifteen years of age and under eighteen years of age, will be punished with imprisonment of
four to ten years. (9) (19)
STUPRO BY PREVALIMENT
Art. 164.- Whoever has carnal access via vaginal or anal with a person over fifteen and
under eighteen years of age, taking advantage of the superiority originated by any relationship,
will be punished with imprisonment from six to twelve years. (19)

CHAPTER III
OTHER ATTACKS ON SEXUAL FREEDOM

SEXUAL HARASSMENT
Art. 165.- Whoever engages in unwanted sexual conduct by the recipient, which implies phrases,
touching, gesturing or other unequivocal conduct of a sexual nature or content and not
constitutes by itself a more serious crime, it will be sanctioned with imprisonment of three to five years. (19)
Sexual harassment carried out against a minor under the age of fifteen will be punished with a penalty of four to
eight years in prison. (19)
If the sexual harassment is carried out taking advantage of the superiority originated by any relationship,
A fine of one hundred to two hundred days fine will also be imposed. (19)
MISCELLANEOUS SEXUAL ACT

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Art. 166.- The one who will perform by deception, with a person over fifteen and under eighteen
years of age, any sexual act other than carnal access, will be punished with prison of
four to eight years. (19)
The diverse sexual act carried out with a person under the age of sixteen, even with their
consent will be punished with imprisonment from eight to twelve years. (19)
CORRUPTION OF MINORS AND INABILITY
Art. 167.- Whoever promotes or facilitates the corruption of a person under eighteen years of age
of age or mentally handicapped, through various sexual acts of carnal access, although
the victim consents to participate in them, will be punished with imprisonment from six to twelve years. (19)
Any family or private person who favors what is described in the previous paragraph will be
sanctioned with the maximum penalty increased by one third. (19)
AGGRAVATED CORRUPTION
Art. 168.- The penalty will be from twelve to fourteen years in prison, if the corruption of minors is
I will perform: (19)

1) In a victim under fifteen years of age; (19)
2) Through deception, violence, abuse of authority or trust, or by any other
means of intimidation; (19)
3) Through deception, violence, abuse of authority or trust, or by any other
means of intimidation; Y,
4) By ascendant, adopter, brother, in charge of education, surveillance, care
or guardian of the victim or the offspring of the spouse or partner. (19).

INDUCTION, PROMOTION AND ENCOURAGEMENT OF SEXUAL OR EROTIC ACTS (19)
Art. 169.- Whoever promotes, facilitates, administers, finances, instigates or organizes
in any way the use of persons under the age of eighteen in sexual acts or
erotic events, individually or organized, publicly or privately, will be sanctioned with
penalty of three to eight years in prison. (19)
The same responsibility shall be incurred by the person who knowingly authorizes the use or lease
the property to carry out any of the activities described in the previous paragraph. (19)
REMUNERATION FOR SEXUAL OR EROTIC ACTS.
Art. 169-A.- Anyone who pays or promises to pay with money or other advantage of any nature to
a person under the age of eighteen or a third person so that the person under the age of
age performs sexual or erotic acts, will be punished with a penalty of three to eight years
prison. (19)

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DETERMINATION OF PROSTITUTION
Art. 170.- Whoever determines, coercively or abusing a situation of need, a
person to engage in prostitution or remain in it, will be punished with prison
from six to ten years. (19)
The prison sentence will be eight to twelve years when the victim is less than eighteen years old.
old. (19)
When any of these modalities is executed taking advantage of the superiority
originated by any relationship, the penalty will be aggravated by up to a third of the limit
maximum. (19)
OFFER AND DEMAND FOR ALIEN PROSTITUTION
Art. 170-A.- The mere offer or offer of prostitution services of others will be sanctioned
with imprisonment of four to eight years. (19)
The mere demand or request for prostitution services will be sanctioned with the same penalty.
of the previous paragraph. (19)
OBSCENE EXHIBITIONS
Art. 171.- Whoever executes or causes to execute other lewd acts or obscene exhibition, or
indecorous, in a public place or exposed to the public or before minors under eighteen years of
age or mentally handicapped, will be punished with imprisonment of two to four years. (19)
PORNOGRAPHY
Art. 172.- Anyone who by any direct means, including through electronic means, manufactures,
transfers, diffuses, distributes, rents, sells, offers, produces, executes, exhibits
or show, movies, magazines, brochures or any other pornographic material between minors
eighteen years of age or mentally handicapped, will be punished with imprisonment from three to five
years. (19)
The same sanction will be incurred by those who do not warn, in a visible way, about the content of the
films, magazines, brochures or any other material, including that which may be transmitted to
through electronic means, when it is inappropriate for minors under eighteen years of age
old or mentally handicapped. (19)
USE OF PEOPLE UNDER EIGHTEEN YEARS OLD AND DISABLED OR
MENTAL DEFICIENT IN PORNOGRAPHY
Art. 173.- Whoever produces, reproduces, distributes, publishes, imports, exports, offers, finances,
sell, trade, or otherwise disseminate images, use the voice of a person under the age of
eighteen years old, incapable or mentally handicapped, be it directly, informatics, audiovisual,
virtual or by any other means in which they exhibit, in sexual, erotic or
unequivocal of a sexual nature, explicit or not, real or simulated, will be sanctioned with
prison from six to twelve years. (19)
The same sanction will be imposed on whoever organizes or participates in shows, public or private,
in which the persons indicated in the previous paragraph are made to participate in actions
pornographic or erotic. (19)

Page 47

POSSESSION OF PORNOGRAPHY.
Art. 173-A.- Whoever possesses pornographic material in which the image of people is used
minors under eighteen years of age, incapable or mentally handicapped, in pornographic activities or
erotic, will be punished with a penalty of two to four years. (19)
Art. 173-B.- The crimes referred to in Arts. 169 and 173 of this Code, will be
sanctioned with the corresponding maximum penalty increased by up to one third of the
established maximum of the penalty and the disqualification from the exercise of their profession during the time
duration of the sentence, if any of the actions described were carried out by: (19)

a) Ascendants, descendants, siblings, adopters, adoptees, spouses,
cohabiting partner and relatives up to the fourth degree of consanguinity and second degree of affinity;
(19)
b) All the persons contemplated in Article 39 of this Code; (19)
c) The person in charge of the guardianship, protection or surveillance of the victim; and, (19)
d) Any person who, taking advantage of the superiority originated by relationships of
trust, domestic, educational, work or any other relationship. (19)

CHAPTER IV
COMMON PROVISION

SPECIAL INDEMNIFICATIONS
Art. 174.- The perpetrators of the crimes referred to in Chapters I and II of this Title,
will also be sentenced by way of compensation:

1) To defray all expenses incurred by the victim in respect of
medical and psychiatric or psychological care; Y,
2) To provide the victim with full support for the term of the disability
medical.

TITLE V
CRIMES RELATED TO PERSONAL SAFETY
SINGLE CHAPTER

Page 48

OF THE DUTY OF SUPPORT

FAILURE TO PROVIDE RELIEF
Art. 175.- He who does not help a person who is helpless and in manifest danger
and serious, when he can do it without his own risk or third party risk, he will be sanctioned with a fine of
fifty to one hundred days fine.
The same penalty shall be incurred by those who are prevented from providing assistance and do not urgently request assistance.
alien.
If the victim is due to an accident caused by the one who omitted the assistance, the penalty will be imprisonment.
from six months to a year and a fine of fifty to one hundred days fine.
DENIAL OF HEALTH ASSISTANCE
Art. 176.- Anyone who denies health care from which a serious health risk arises.
of people, will be sanctioned with a fine of fifty to one hundred days, fine and disqualification
special profession or trade from one to two years, if the author performs medical activity,
paramedical or health.

TITLE VI
CRIMES RELATING TO HONOR AND PRIVACY
CHAPTER I
OF CALUMNIA AND INJURY

SLANDER
Art. 177.- Whoever falsely attributes to a person the commission of a crime or participation
in it, he will be punished with imprisonment from one to three years.
Slander carried out with publicity will be punished with a prison term of two to four years.
Repeated slander against the same person will be punished with imprisonment for two to
four years and a fine of fifty to one hundred days fine.
If the repeated slander is carried out with publicity, the sanction will be two to four years and
fine of one hundred to two hundred days fine.
DEFAMATION

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Art. 178.- Whoever attributes to a person who is not present a capable conduct or quality
damage his dignity, undermining his fame or undermining his own esteem, it will be
sanctioned with imprisonment from six months to two years.
The defamation carried out with publicity will be sanctioned with imprisonment of one to three years.
Repeated defamation against the same person will be punished with imprisonment from one to three
years and a fine of fifty to one hundred days fine.
INSULT
Art. 179.- Anyone who offended by word or by action the dignity or decorum of a person
present, will be punished with imprisonment from six months to two years.
The injury carried out with publicity will be sanctioned with imprisonment of one to three years and a fine of
fifty to one hundred days fine.

Repeated insults against the same person will be punished with imprisonment from one to three
years and a fine of fifty to one hundred days fine.
If the repeated insults are carried out with publicity, the sanction will be one to three years
imprisonment and a fine of one hundred to two hundred days fine.
SPECIAL DISABLING
Art. 180.- When the events provided for in this chapter are committed through a medium
of social communication and are responsible for them, professionals or people
dedicated to the exercise of the informative function, will be imposed on them in addition to the penalty
indicated for the corresponding offense, the penalty of special disqualification for the exercise of his
profession or trade for the same time as the tax as a prison sentence, depending on the entity of the
offense and damage caused.
ADVERTISING CONCEPT
Art. 181.- It will be understood that the insult and slander have been carried out with publicity when
propagated by means of printed, lithographed or engraved papers, posters or brochures
posted in public places or before an undetermined number of people or by expressions in
public meetings or by radio broadcasting or television or by similar means.
CALUMNIA, DEFAMATION AND COVERT INJURIES
Art. 182.- The crimes of slander, defamation and insults, are liable to be committed not only
manifestly, but also by means of allegories, caricatures, emblems or allusions.
TEST REGIME
Art. 183.- The accused for the crime of slander shall be exempt from all criminal responsibility,
proving the punishable act attributed.
The defendant for the crime of defamation will be exempted from punishment by proving the veracity of the
conduct or quality attributed, as long as its dissemination is legitimate.

Page 50

Dissemination is understood to be legitimate when the facts refer to people who have some type
of public relevance and its dissemination satisfies the function of the free flow of information of a
democratic society, unless this affects facts protected by their right or the
personal or family privacy.

CHAPTER II
OF CRIMES RELATED TO PRIVACY

VIOLATION OF PRIVATE COMMUNICATIONS
Art. 184.- He who in order to discover the secrets or violate the privacy of another, seizes
written communication, computer support or any other document or personal effect that
is not directed or seizes the reserved data of a personal or family nature of another,
recorded in files, computer media or any other type of file or record
public or private, it will be sanctioned with a fine of fifty to one hundred days fine.
If I disseminate or reveal to third parties the reserved data that have been discovered, to which
referred to in the preceding paragraph, the penalty will be one hundred to two hundred days fine.
The third party to whom the secret is revealed and who will disclose it knowing its illicit origin, will be
sanctioned with a fine of thirty to fifty days fine.
AGGRAVATED COMMUNICATION VIOLATION
Art. 185.- If the events described in the previous article are carried out by the persons
in charge of or responsible for the files, computer media, files or records,
will impose, in addition to the penalty of a fine, disqualification from the respective position or public employment of
six months to two years.
RECEIPT OF COMMUNICATIONS
Art. 186.- Whoever, in order to violate the privacy of another, intercepts, prevents or interrupts
a telegraphic or telephone communication or use technical instruments or devices of
listening, transmission or recording of sound, image or any other signal of
communication, will be punished with imprisonment from six months to one year and a fine of fifty to one hundred
fine days.
If I disseminate or reveal to third parties the reserved data that have been discovered, to which
referred to in the preceding paragraph, the penalty will be imprisonment from six months to one year and a fine of one hundred to
one hundred and fifty days fine.
The third party to whom the secret is revealed and disclosed, knowing its illicit origin, will be
sanctioned with a fine of thirty to fifty days fine.
The one who will perform the acts indicated in the first paragraph of this article to prepare the
commission of a serious crime shall be punished with a sentence of two to six years. (9)
DISCLOSURE OF PROFESSIONAL SECRET

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Art. 187.- He who reveals a secret that has been imposed by reason of his profession or trade,
will be punished with imprisonment from six months to two years and special disqualification from profession or
trade from one to two years.
BREAKING AND ENTERING
Art. 188.- The individual who, without living in it, enters another's dwelling or its
dependencies, without the consent of the person who inhabits it, clandestinely or with deception or
remain in the same against the will of the resident, despite the intimation so that the
abandon, will be punished with imprisonment from six months to two years and a fine of thirty to
fifty days fine.
If the introduction or permanence is done with violence in the people, the sanction will be of one
to three years in prison and a fine of fifty to one hundred days fine.
SEIZURE OF WORK PLACE OR ESTABLISHMENT OPEN TO THE PUBLIC
Art. 189.- Whoever enters or stays against the will of the owner in the reserved place
work of a person or in an establishment or premises open to the public outside the working hours
opening, will be punished with imprisonment from six months to two years and a fine of thirty to fifty
fine days.
If the entry or stay is done with violence against people, the sanction will be one to
three years in prison and a fine of fifty to one hundred days fine.
USE OF THE IMAGE OR NAME OF ANOTHER
Art. 190.- Whoever uses the image or name of another person by any means, without his
consent, for journalistic, artistic, commercial or advertising purposes, will be sanctioned
with a fine of thirty to one hundred days fine.

CHAPTER III
COMMON PROVISION

EXCLUSION OF CRIMES
Art. 191.- Unfavorable judgments of political, literary, artistic criticism are not punishable.
historical, scientific, religious or professional, nor the unfavorable concepts expressed by
any means by individuals in the exercise of the right to Freedom of Expression, always
that in the way of proceeding they do not demonstrate a slanderous, insulting or attacking purpose
privacy or the image of a person. (26)
Similarly, unfavorable judgments of political, literary, artistic criticism are not punishable.
historical, scientific, religious or professional nor the unfavorable concepts expressed or
disseminated by those who practice journalism through news, reports, investigations
journalistic, articles, opinions, editorials, cartoons and journalistic notes in general,
published in written, radio, television and computer journalistic media, in compliance with

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of the duty to inform, by virtue of the right to information or in the exercise of their position or function.
(26)
In any of the situations regulated in the two previous paragraphs, they will not incur any
type of criminal responsibility, the written, radio, television and computer media in which
publish the judgments or concepts previously expressed, nor the owners, directors, editors,
managers of the social media or managers of the program, if applicable. (26)

TITLE VII
CRIMES RELATED TO FAMILY RELATIONSHIPS
CHAPTER I
OF ILLEGAL MARRIAGES

ILLEGAL MARRIAGES
Art. 192.- He who contracts a marriage hiding the existence of an impediment, will be
sanctioned with imprisonment from six months to a year.
BIGAMY
Art. 193.- He who contracts a second or subsequent marriage without being legally dissolved on the
above, he will be punished with imprisonment from six months to two years.
If the marriage previously contracted by the bigamist, is declared null or its
second marriage for reasons other than bigamy, the criminal action will be extinguished for all
who participated in the crime and if convicted, their execution will cease and all
its penal effects.
ILLEGAL MARRIAGE CELEBRATION
Art. 194.- The Notary or public official who knowingly authorizes an illegal marriage, will be
sanctioned with imprisonment from six months to one year and special disqualification for the same period.

CHAPTER II
OF CRIMES RELATING TO THE FAMILY STATE

ASSUMPTION OR HIDING OF FAMILY STATUS
Art. 195.- Whoever inscribes or orders a birth to be registered in the corresponding registry
nonexistent, will be punished with imprisonment of two to four years.

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The one who, being obliged by law to register the birth of a person in the respective registry,
Failure to do so in order to obtain economic benefits, will be sanctioned with the penalty
indicated in the previous paragraph.
SUPLANTATION AND ALTERATION OF FAMILY STATUS
Art. 196.- Whoever, by registering in the corresponding registry, supplants the family status of another,
By changing personal or affiliation data, you will be punished with a prison term of two to
four years.
Whoever, by substituting a minor for another, alters their family status,
He will be punished with imprisonment for two to four years. The penalty will be three to five years
prison, if one of the minors has died, or has physical or mental abnormalities or if
the impersonation or alteration is made for adoption purposes.
PREGNANCY OR DELIVERY SIMULATION
Art. 197.- The woman who fakes a pregnancy or childbirth with the purpose of obtaining for herself or
for the alleged son, rights that do not correspond to them, will be sanctioned with imprisonment of six
months to two years.
The physician or auxiliary of the medical profession who cooperates in the execution of this crime will be
sanctioned with imprisonment from six months to one year, and special disqualification from the profession or trade
for the same period.
ALTERATION OF FILIATION
Art. 198.- Whoever delivers a child or descendant to another person, through compensation
economic, to establish a relationship analogous to that of filiation in breach of the requirements
legal guardianship or adoption, will be punished with imprisonment of one to three years and disqualification
special for the exercise of the right of parental authority for the same period.
In this case, the person who receives it and the intermediaries will be punished with imprisonment of
two to four years.

CHAPTER III
OF THE ATTACKS AGAINST FAMILY RIGHTS AND DUTIES

ABANDONMENT AND DESIGNATION OF PERSON
Art. 199.- Those who have a legal duty to watch over a minor under eighteen years of age or a person
Unable to provide for herself, I will abandon them, endangering her life or integrity
personal or place them in a situation of helplessness, will be punished with imprisonment from one to three
years.
DOMESTIC VIOLENCE

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Art. 200.- Any family member understood by him, according to the scope of the Law against Violence
Intrafamily that exercises violence in any form of those indicated in Art. 3 of the same
legal body, will be sanctioned with imprisonment of one to three years. (4) (19)
For the exercise of criminal action, it will be necessary to exhaust the judicial procedure
established in the aforementioned Law. (4) (19)
BREACH OF THE DUTIES OF ECONOMIC ASSISTANCE
Art. 201.- Any person subject to the payment of the maintenance obligation by virtue of a sentence
final enforceable, resolution of the Office of the Attorney General of the Republic, agreement
celebrated before it or outside of it, that deliberately breaches it, will be sanctioned
twenty-four to forty-eight arrest weekends. (19)
If, in order to avoid the fulfillment of the maintenance obligation, he conceals his assets, he alienates them,
acquired credits, simulated disposals or credits, moved abroad or was absent
without leaving legal representative or goods in sufficient quantities to respond to the payment of the
maintenance obligation or perform any other act in fraud of the right to their food,
will be punished with imprisonment from one to three years and special disqualification for the exercise of the
parental authority for the same period. (19)
In both cases, the person found guilty must complete a Paternity course and
Responsible Maternity, developed by the Office of the Attorney General of the Republic or the
public or private institutions that it determines. (19)
The criminal action for the cases of the first paragraph of this article, may only be exercised
once the administrative mechanisms in matters of family law have been exhausted. (19)
UNDUE SEPARATION OF MINOR OR INABILITY
Art. 202.- Anyone who, being in charge of the upbringing or education of a minor or incapacitated person,
I will deliver it to a third party or to a public establishment without the consent of the person
entrusted or of the authority in his defect, will be sanctioned with prison of six months to one year.
INDUCTION TO ABANDONMENT
Art. 203.- Anyone who induces a minor under eighteen years of age to leave the home of their
parents, guardians or those in charge of personal care, will be sanctioned with prison of six months to
one year.
CHILD ABUSE. (19)
Art. 204.- Whoever mistreats a minor with evident physical, moral or
psychological, will be punished with imprisonment from one to three years, provided that it does not constitute a
most serious crime. (19)
The same sanction will be applied to any person who with abuse of the means of correction
cause harm to a minor person who is subject to his authority,
education, care or surveillance or that is under your direction because of your profession
or trade. (19)
EXPLOITATION OF MENDICITY

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Art. 205.- Whoever uses or lends to a minor under eighteen years of age for the practice of
begging, will be punished with fifteen to thirty weekly working days of utility
public.
If for this same purpose minors under eighteen are trafficked, it will be used with them
violence or they are supplied with substances harmful to health, the sanction will be one to
three years in prison.

CHAPTER IV
COMMON PROVISION

ABSOLUTORY EXCUSE
Art. 206.- In the cases of articles 201 and 203, the following shall be exempt from penalty:

1) The one who will pay the food owed. This excuse of acquittal can only be granted
only once to the same person and only includes the exception of the penalty of
prison. (19)
2) Anyone who, in the Judge's prudential judgment, had justified reason for the benefit of the
minor to induce abandonment.

TITLE VIII
OF CRIMES RELATING TO HERITAGE
CHAPTER I
OF THE HURT

THEFT
Art. 207.- Whoever , for profit for himself or for a third party, seizes a thing
furniture, totally or partially foreign, subtracting it from whoever has it in their power, it will be
sanctioned with two to five years' imprisonment, if the value of the stolen thing is greater than
two hundred colones. (9)
AGGRAVATED THEFT
Art. 208.- The sanction will be from five to eight years in prison, if the theft was committed with
any of the following circumstances:

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1) Using violence on things;
2) Using the real key that has been stolen, found or withheld; fake key or
any other instrument other than the key used by the offended person. For effects
of this numeral shall be considered keys magnetic or perforated cards and
contact or remote opening controls or instruments;
3) Taking advantage of public havoc or calamity or a situation of particular disgrace of the
insulted;
4) With escalation or using any other means to enter; (15)
5) Snatching things from people's bodies;
6) By two or more people;
7) Using disguise or using any other means to deceive; (15)
8) In livestock or other agricultural products or inputs; (9)
9) In motor vehicles;
10) On objects that are part of the installation of a public service or when
It will be objects of scientific or cultural value.

IMPROPER SCENE
Art. 209.- The owner of a movable thing that will take it from whoever has it legitimately in his
power, to the detriment of the same or a third party, will be sanctioned with arrest from ten to twenty
weekends.
USE THEFT
Article 210.- The one who without due authorization or without legal cause will use, without intention of appropriating
a vehicle and make its restitution or voluntarily leave it in conditions that allow the
possessor to recover it, will be sanctioned with arrest from fifteen to thirty weekends.
If the use of the vehicle pursues an objective of profit or personal benefit, the
The penalty will be from six months to one year in prison.
When the use of the vehicle is for the purpose of committing a crime or seeking the
impunity, the penalty will be one to three years in prison.
WASTE OF ENERGY OR FLUIDS
Art. 211.- Anyone who illegally uses electricity, water or telephone service or will tolerate that
another does it, will be sanctioned with a fine of thirty to forty days fine.

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CHAPTER II
THEFT, EXTORSION AND RECEPTION (9)

STOLE
Art. 212.- Whoever , for profit for himself or for a third party, seizes a movable thing,
totally or partially alien, subtracting it from whoever has it, through violence on the person,
He will be punished with a prison term of six to ten years.
Violence can take place before the fact to facilitate its execution, in the act of
commit it or immediately thereafter to achieve the proposed end or impunity.
AGGRAVATED THEFT
Art. 213.- The prison sentence will be from eight to twelve years, if the act is committed:

1) Taking advantage of public havoc or calamity or a situation of particular disgrace of the
insulted;
2) By two or more people; Y,
3) Wielding or using firearms or explosives.

EXTORTION
Art. 214.- He who forces or induces another against his will to carry out, tolerate or omit, an act or
business to the detriment of your assets, professional or economic activity or of a third party,
regardless of the amount or damage caused, in order to obtain profit,
utility, benefit or advantage for himself or for a third party, will be sanctioned with imprisonment of ten to
fifteen years. (33)
The previous penalty will be increased by up to a third of the established maximum, if it concurs.
any of the following circumstances:

1) If the act is committed by two or more people or members of a group,
illicit association or organization referred to in article 345 of this Code; (33)
2) When the commission of the criminal action employs minors or
incapable; (33)
3) When the criminal action is planned or ordered totally or partially from a
Penal Center, detention, internment or from abroad; (33)

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4) If the act is committed against relatives who are within the fourth degree
consanguinity or second of affinity, adopter, adoptee, spouse or partner
of life; (33)
5) If the act is committed taking advantage of the trust placed by the victim in
the author or one of the participants; (33)
6) When the act is committed by an official, public employee, municipal, authority
public or agent of authority, in exercise or not of their functions. (33)
7) If the criminal action consists of a threat to execute death, injury, deprivation of
freedom, kidnapping or damages to the victim or against relatives who are within the
fourth degree of consanguinity, or second degree of affinity, adopter, adoptee, spouse or
life partner. (33)

RECEIVING
Art. 214.-A.- Whoever, without previously ascertaining its legitimate origin, acquires, receives or
hide money or things that are the product of any crime or misdemeanor in which you have not had
participation, will be punished with imprisonment from six months to two years. (9)
It must be presumed by the active subject that things are of illicit origin when there is
notorious disproportion between the acquisition price and its real value; when they are
exhibited, delivered or sold clandestinely; or when there is any element
of sufficient judgment to suppose that he knew its illicit origin. (9)
The provisions of this article shall also apply to those who, under the conditions set forth in subsection
first of this article, in any way intervene so that they are acquired, received or
hide money or things from any crime or misdemeanor. (9)
If the culprit habitually executes the acts that are sanctioned in this article, the
The penalty will be from one to five years in prison and from twenty to two hundred days a fine. (9) (11)
DRIVING GOODS OF DOUBTFUL ORIGIN
Art. 214.-B.- Anyone who drives merchandise in a motor vehicle without the proper
documentation that protects the legitimate property or origin thereof, regardless of the
amount, will be punished with a penalty of two to four years in prison. (9)
PROPOSITION AND CONSPIRACY
Art. 214-C.- Proposal and conspiracy to commit any of the aforementioned crimes
in this Chapter, with the exception of the offense of reception, shall be sanctioned with the same penalty as
for the referred crimes, respectively. (13)

CHAPTER III
OF DEFRAUDS

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SWINDLE
Art. 215.- Whoever obtains for himself or for another an unjust profit to the detriment of others, through
trick or any other means of deceiving or surprising good faith, will be punished with prison
from two to five years if the fraud is greater than two hundred colones. (9)
To set the sanction, the judge will take into account the amount of the damage, the ability or
cunning with which the agent had proceeded and if the damage had fallen on a person who
their lack of culture or preparation is easily deceivable.
AGGRAVATED SCAM
Art. 216.- The crime of fraud will be punished with imprisonment of five to eight years, in the cases
following:

1) If it falls on basic necessities, houses or land destined to the
Home building;
2) When the victim or his family is placed in a serious economic situation, or
I will do it with abuse of the victim's personal conditions or taking advantage of the
author of your business or professional credibility;
3) When it is done by check, exchange means or with abuse of signature in
White;
4) When it is acted with the purpose of achieving for himself or for another the undue collection of
a secure; Y,
5) When manipulation is carried out that interferes with the result of a processing or
computer transmission of data.

IMPROPER APPROPRIATION OR RETENTION
Art. 217.- He who having under his power or custody a movable property of another by a title that
produces an obligation to deliver or return the thing or its value, whether or not to appropriate it
surrender or return in due time to the detriment of another, will be punished with imprisonment of
two to four years.
FRAUDULENT ADMINISTRATION
Art. 218.- He who, having in charge of the management, administration or care of other people's property,
I will harm its owner by altering the prices or conditions of the contracts in their accounts,
assuming operations or expenses, increasing those made, hiding or withholding
Securities or misusing them, will be punished with a prison term of three to five years.

CHAPTER IV

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OF USURPATIONS

USURPATIONS OF PROPERTIES
Art. 219.- Whoever, for the purposes of seizure or illicit profit, by means of violence,
threats, deception or breach of trust, deprive another of possession or legal possession of a
property or the exercise of a real right constituted on it, whether the dispossession occurs
invading the property, staying in it or expelling the occupants, will be sanctioned
with prison from one to three years.
REMOVAL OR ALTERATION OF BOUNDARIES (11)
Art. 219-A.- He who to appropriate, in whole or in part, a property belonging to someone else, or
To take advantage of it, remove or alter its boundaries or landmarks, it will be sanctioned with prison
from six months to two years. (eleven)
WATER USURPATION (11)
Art. 219-B.- It will be sanctioned with imprisonment from one to three years: (11)

A) Anyone who diverts public or private waters that do not correspond to him or
I will take in greater quantity than those to which I am entitled; and (11)
B) Anyone who in any way prevents or hinders the exercise of the rights that a
a third party has over said waters. (eleven)

VIOLENT DISTURBANCE OF POSSESSION
Art. 220.- Whoever, with violence against people, disturbs the peaceful possession or possession
property law, will be punished with imprisonment from six months to one year.
If the conduct described in the previous paragraph is carried out by two or more people, it will be
sanctioned with imprisonment from one to three years. (twenty-one)

CHAPTER V
OF THE DAMAGES

DAMAGE
Art. 221.- Whoever destroys, renders useless, does
disappear or deteriorate something totally or partially foreign, provided that the damage exceeds
two hundred colones, will be punished with imprisonment from six months to two years. (eleven)

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The same sanction shall be incurred by individuals who damage movable or immovable property, public or
private, by any inscription of words, figures, symbols or marks on these
engraved or painted. (18)
AGGRAVATED DAMAGES
Art. 222.- A prison term of two to four years will be imposed; (10)

1) When the damage is executed with violence on people; (10)
2) If the damage is done by computer manipulation; (10)
3) If the damage is carried out on objects that are part of the cultural heritage; and, (10)
4) When the damage falls on the victim's home, (10)
5) When the damage was executed by two or more people. (18) (21)

CHAPTER VI

OF CRIMES RELATING TO CULTURAL HERITAGE

VIOLATION OF REGISTRATION, CONTROL, CIRCULATION AND PROTECTION MEASURES
OF CULTURAL ASSETS
Art. 223.- Anyone who violates the legal precepts regarding compliance with the requirements of
recognition, identification, registration, accreditation and circulation of the goods that make up the
cultural heritage of the Republic, will be punished with imprisonment from six months to one year.
Anyone who does not abide by the measures for the protection of a cultural asset issued by the Ministry of
Education, will be punished with prison of one to two years.
ILLICIT TRAFFICKING OF CULTURAL HERITAGE
Art. 224.- Whoever will export or import goods that make up the cultural heritage of the
Republic, without complying with the requirements established in the special law, will be sanctioned with
imprisonment for two to four years.
HISTORICAL FINDING
Art. 225.- Whoever, with or without legal authorization, conducting a search, investigation or
excavation of archaeological or historical interest on public or private land, I will find a
object that due to its value or artistic, historical or archaeological significance, should be considered as
member of the cultural heritage of the Republic, I will not notify the Ministry of Education
within a period of five days from the date of the discovery, he will be punished with imprisonment of six
months to a year.

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CHAPTER VII
OF CRIMES RELATING TO INTELLECTUAL PROPERTY

VIOLATION OF COPYRIGHT AND RELATED RIGHTS
Art. 226.- Whoever reproduces, plagiarizes, distributes at the wholesale or communicates on a commercial scale
publicly, in whole or in part, a literary or artistic work or its transformation or a
artistic performance or performance fixed on any type of support or communicated to
through any means, without the authorization of the holders of the corresponding rights
of intellectual property or its assignees, will be punished with a prison term of two to four years.
(30)
In the same sanction will incur, the one who on a commercial scale will import, export or store
copies of said works or productions or performances without the aforementioned authorization. (30)
Commercial scale includes significant willful infringement of copyright and rights
related, in order to obtain a commercial advantage or private economic gain, as well as the
willful infringement that does not have a direct or indirect motivation for economic gain,
provided that economic damage is caused greater than an infringement of little value. (30)
AGGRAVATED VIOLATION OF COPYRIGHT AND RELATED RIGHTS
Art. 227.- Anyone who performs any of the
behaviors described in the previous article, concurring any of the following circumstances:
(30)

1) Usurping the status of author of a work or part of it or the name of a
artist in a performance; (30)
2) Substantially modifying the integrity of the work without authorization of the author; and, (30)
3) If the quantity or value of the illicit copy is of special economic importance.
(30)

VIOLATION OF EFFECTIVE TECHNOLOGICAL MEASURES (30)
Art. 227-A.- It will be punished with imprisonment of two to four years, which in order to achieve a
business advantage or private financial gain: (30)

a) Avoid, without the authorization of the right holder, any technological measure
effective control of access to a work, performance, or phonogram
protected or other subject matter of protection; (30)

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b) Manufacture, import, distribute, offer to the public, provide or traffic
devices, products or components; or offer the public or provide services to the
public, provided that the devices, products or components, or services: (30)

1) Are promoted, advertised or marketed for the purpose of
evade an effective technological measure; (30)
2) Have only a limited purpose or use of commercial importance
different from evading an effective technological measure; or (30)
3) Are designed, produced or executed primarily for the purpose of enabling
or facilitate the evasion of any effective technological measure. (30)
Those who carry out the activities exempted as specified are excluded from criminal liability.
established in article 85-D of the Intellectual Property Law. (30)
VIOLATION OF INFORMATION ON RIGHTS MANAGEMENT (30)
Art. 227-B.- It will be sanctioned with imprisonment of two to four years, which in order to achieve a
commercial advantage or private financial gain and knowing that this act could induce,
allow, facilitate or conceal an infringement of a copyright or related right: (30)

a) Knowingly deletes or alters any information on rights management;
(30)
b) Distribute or import for distribution the information on management of
rights, knowing that said information has been deleted or altered without
authorization of the right holder; or (30)
c) Distribute, import for its distribution, transmission, communication or release
publicly available copies of works, performances or phonograms,
knowing that the information on rights management has been deleted or
altered without authorization of the right holder. (30)

Anyone who executes the exempted activities as stated in the criminal liability is excluded from criminal liability.
established in article 85-E of the Intellectual Property Law. (30)
VIOLATION OF THE LAW ON SATELLITE SIGNALS (30)
Art. 227-C.- The person who: (30)

a) Manufacture, assemble, modify, import, export, sell, rent or
I will distribute by any means, a tangible or intangible device or system, knowing
or having reason to know that the device or system serves primarily to
decode a program-carrying encoded satellite signal, without authorization
the legitimate distributor of said signal; or (30)

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b) Receive and subsequently distribute a signal carrying programs that are
originated as an encoded satellite signal, knowing that it has been
decoded without the authorization of the legitimate distributor of said signal. (30)

TITLE IX
CRIMES RELATING TO THE SOCIO-ECONOMIC ORDER
CHAPTER I
OF CRIMES RELATED TO INDUSTRIAL PROPERTY

VIOLATION OF PRIVILEGES OF INVENTION
Art. 228.- Anyone who for industrial or commercial purposes and without the consent of the owner of a
patent or utility model, manufacture, import, possess, offer or introduce in the
trade objects protected by such rights, will be punished with imprisonment from one to three years.
The same sanction will be applied to whoever uses a procedure or design for the same purposes.
industrial protected by a registry, without the authorization of the holder or without the respective license or
offer or introduce in the trade or use the product directly obtained by the
recorded procedure.
VIOLATION OF TRADEMARKS
Art. 229.- Whoever, for industrial or commercial purposes, and without the consent of the owner,
reproduce, imitate, modify or in any way use a trademark, trade name,
expression, propaganda sign or any other commercial distinctive, infringing the rights
protected by the industrial property registered in accordance with the law, will be punished with imprisonment
two to four years. (30)
The same sanction shall be incurred by those who export, import, possess for its commercialization or
put in the trade, products or services trademarks or trademarks that,
In accordance with the previous paragraph, it constitutes an infringement of the exclusive rights of the owner of
the same. (30)
COMMERCIAL INFIDELITY
Art. 230.- Whoever seizes documents, computer support or other objects, to
discover or reveal an economically assessable secret, belonging to a company and that
involves economic advantages, will be punished with imprisonment from six months to two years.
DISCLOSURE OR DISCLOSURE OF INDUSTRIAL SECRET
Art. 231.- Whoever reveals or divulges the invention that is the object of a patent application or a secret
industrial or commercial, being legally or contractually obliged to keep a reservation, it will be
sanctioned with imprisonment from six months to two years.

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If the secret is used for personal gain, the penalty will be increased by up to a third
of its maximum.
When the author is a civil servant or public employee and the act is executed by reason of his
functions, the disqualification of the respective position or employment for six months to
two years.

CHAPTER II
OF CRIMES RELATING TO THE MARKET, FREE COMPETITION AND
CONSUMER PROTECTION

MONOPOLY
Art. 232.- REPEALED (29)
HOARDING
Art. 233.- Anyone who stores, saves or retains food, food,
articles or products of first necessity, causing or being able to cause the immoderate increase
of the prices, in the judgment of the competent administrative authority, will be sanctioned with imprisonment
three to five years. (42)
When the crime is committed in a state of national emergency or public calamity, it will be
sanctioned with imprisonment of four to six years. (8) * NOTE (42)
SALE AT HIGHER PRICE
Art. 234.- Whoever sells food, goods or provides services at prices higher than the one
It will appear on the labels, labels, signs or lists prepared by the product or distributor or
service provider, will be punished with imprisonment from one to three years. (42)
If the act is committed in times of commotion or public calamity, the
penalty up to a third of its maximum. (8) * NOTE (42)
USE OF ALTERED WEIGHTS OR MEASURES
Art. 235.- Whoever, in the exercise of commercial activities, uses altered weights or measures, will be
sanctioned with imprisonment from one to three years. (42)
TRANSITORY SECTION EXPIRED (8) * NOTE
SPECULATION
Art. 236.- Whoever discloses false, exaggerated or tendentious facts or uses any
fraudulent artifice that could produce imbalance in the internal merchandise market,
wages, securities or negotiable titles, will be punished with imprisonment from six months to two years and
fine of fifty to one hundred days fine.

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If the act is committed in time of war or public calamity, it will be punished with imprisonment.
from one to three years and a fine of fifty to one hundred days fine.
FALSE PROPALATION
Art. 237.- Whoever propagates false facts or uses any maneuver or device to achieve the
rise in the prices of food substances or basic necessities, will be sanctioned
with imprisonment from six months to a year and a fine of thirty to fifty days.
TRANSITORY SECTION EXPIRED (8) * NOTE
UNFAIR COMPETITION
Art. 238.- Whoever propagates false facts or uses any other fraudulent means capable of
cause serious damage to a competitor, in order to obtain an advantage for himself or a third party
undue, will be punished with imprisonment from six months to two years.
To start the process, the provisions of article 497 of the Commercial Code will be followed.
COMMUNICATION FRAUD
Art. 238-A.- Anyone who interferes, alters, modifies or intervenes any element of the
a company that provides communications services in order to gain an advantage or
illegal profit, will be punished with imprisonment from three to six years. (fifteen)
Likewise, whoever illegally activates or configures cell phones or other devices of
stolen, stolen, lost communication originating from illegal actions, a
a penalty of four to eight years in prison and also a fine of one hundred fifty to two hundred
fine days. (15) (34)
When it is determined that the use of communications, referred to in this article, is
related to organized crime offenses, the penalty will be increased by up to a third
part of the maximum. (fifteen)
TRAFFICKING OF PROHIBITED OBJECTS IN PRISON CENTERS (34)
Art. 238-B.- Whoever enters, introduces, traffics, has or puts into circulation in the interior
of a Penitentiary Center, objects prohibited by the Penitentiary Law, will be sanctioned with
imprisonment for three to six years. (34)
The same sanction shall be incurred by the person caught providing said objects by means of the
launch from outside of said facilities. (34)
Public officials or employees who carry out, permit or facilitate such conduct
The penalty will be increased by up to a third of the maximum indicated and, in addition, will be imposed
special disqualification for the exercise of the position, job or function for the same time. (34)
Exceptions from this provision are those that are carried out for just cause and with due
authorization from the Administration of Penitentiary Centers in accordance with the Law
Penitentiary, leaving a written record of it. (34)
FRAUDULENT CUSTOMER DIVERSION

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Art. 239.- Whoever propagates false facts or uses any fraudulent means to divert, in
own profit or that of a third party, the clientele of a commercial or industrial establishment, will be
sanctioned with a fine of fifty hundred days fine.
ILLICIT SALES
Art. 240.- Whoever, in times of scarcity, commotion or public calamity, puts up for sale or
Either way I will negotiate with goods received to be distributed free of charge, it will be
sanctioned with imprisonment from one to three years. (42)
If the perpetrator is a public official or employee, and the act is executed by reason of his
functions, he will be disqualified from the respective position or job for the same time. (8) * NOTE (42)
DEFRAUDING THE PUBLIC ECONOMY
Art. 240-A.- The theft, appropriation or distraction of any kind of property of
credit institutions or auxiliary organizations, insurance companies, cooperatives,
construction of houses, land subdivisions, cooperative associations or
any other species that works with money or values ​of the public, committed or consented
by those who are in charge of any concept of the direction, administration,
control or audit of the same, will be sanctioned with imprisonment of five to fifteen years. I know
understands that all those who must know the acts or facts of which they have consented
treats, ignore them or not prevent them due to lack of diligence. (1)

CHAPTER III
OF PUNISHABLE INSOLVENCES

UPLIFT OF GOODS
Art. 241.- He who to avoid the payment of his obligations, rises with his assets, the
hide, simulate disposals or credits, move abroad or leave without leaving
legal representative or assets in sufficient quantities to respond to the payment of their debts or
I will perform any other act in fraud of the rights of its creditors, it will be sanctioned with
prison from one to three years.
Criminal action may only be exercised if the insolvency is proven by acts of
unsuccessful execution in civil proceedings.
DOLOSA BANKRUPTCY
Art. 242.- Whoever was declared by a competent judge in bankruptcy, bankruptcy or suspension of
payments, when the insolvency was caused or fraudulently aggravated by the debtor or by
person acting on his behalf will be punished with a prison term of three to seven years.
CHECK WITHOUT PROVISION OF FUNDS
Art. 243.- The following will be punished with imprisonment from one to three years:

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1) Anyone who writes a check without provision of funds or express authorization to draw in
discovered;
2) Whoever writes a check and makes against order for its payment, without reasonable cause
manifested to the bank in writing or maliciously frustrate your payment; Y,
3) Whoever will issue a check on someone else's form, without having authorization to do so.

In the cases of this article, criminal action may be tried after three days
subsequent to the protest or its equivalent.
This crime is subsidiary to the type of scam. (10)

CHAPTER IV
OF CRIMES RELATING TO LABOR AND ASSOCIATION RIGHTS

VIOLATION OF LABOR OR SOCIAL SECURITY CONDITIONS
Art. 244.- Whoever, through deception or abuse of a situation of need, submits to the
workers at your service to labor or social security conditions that harm,
suppress or restrict the rights recognized by legal provisions or contracts
individual or collective work, will be punished with imprisonment from six months to two years.
APPROPRIATION OR WITHHOLDING OF WORK FEES (20) (36)
Art. 245.- The employer, employer, institutional payer, or any other person responsible for
withholding, appropriating or illegally withholding funds, contributions, contributions,
repayment installments of workers' loans or accounts legally destined to the
State, credit or banking institutions, banking or non-banking financial intermediaries,
or institutions of social assistance, social security or union; or do not enter them in such
institutions within the term and amount determined by law, in the corresponding contract or in the
order of discount, will be sanctioned with prison of four to eight years. (20) (36)
To set the sanction, the judge will take into account the number of quotas withheld and the
amount thereof. (36)
The provisions of this article will be applied in a third part more than the maximum penalty indicated,
when the employer or responsible withholding agent appropriates alimony quotas.
(36)
The civil compensation for the damage caused by the commission of this crime may not be less than the amount of the
fees left to find out, with their respective legal interests. (36)
DISCRIMINATION IN THE WORK AREA

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Art. 246.- Anyone who produces serious discrimination at work based on sex, state of
pregnancy, origin, marital status, race, social or physical condition, religious or political ideas, adherence
or not to unions and their agreements, kinship ties with other workers in the
company, and does not restore the situation of equality before the law, after the requirements or
administrative sanction, repairing the economic damages that may have been derived, will be
sanctioned with imprisonment from six months to two years.
COERCION TO EXERCISE FREEDOM OF ASSOCIATION OR RIGHT TO STRIKE
Art. 247.- Anyone who coerces another to prevent or limit the exercise of trade union freedom or
of the right to strike or stop, will be punished with imprisonment from one to three years.
The same penalty shall be imposed on those who, acting in a group, coerce people to initiate
or continue a strike, stoppage or suspension of work.
OBSTACLES TO FREE HIRING
Art. 248.- Whoever obstructs or prevents the free hiring of labor, will be sanctioned with
imprisonment from six months to a year.

CHAPTER V
OFFENSES RELATED TO THE PUBLIC FINANCE

DEFRAUDING THE TAX
Art. 249.- The following are crimes of Fraud of the Treasury: (25)

a) Tax Evasion; (25)
b) Misappropriation of Tax Withholdings or Perceptions; (25)
c) Refunds, Returns, Compensations or Undue Accreditations; (25)
d) The falsification in the printing, issuance, delivery or granting of documents that
support tax operations, as well as the possession or circulation thereof, to
referred to in articles 283, 284 and 287, and; (25)
e) The proposal and conspiracy to commit any of the above crimes. (25)

The punishable acts referred to in literal d) of this article will be judged in a
independent from the other crimes of Treasury Fraud, under the characterization of the
Crimes against public faith. (25)

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The investigation of the crimes referred to in this article may be carried out with the
participation of undercover agents, with the prior written authorization of the Attorney General of the
Republic. (25)
TAX EVASION
Art. 249-A. - Anyone who fails to declare generating facts, or declares costs, expenses, purchases or
non-existent tax credits, for the purpose of avoiding taxes, using any of the
following media: (25)

1) Not keeping accounting, special, auxiliary or legal books or records that require
tax laws; (25)
2) Carrying double or multiple accounting or double or multiple billing; (25)
3) Stating false or inaccurate information; (25)
4) Excluding or omitting to declare generating facts, being obliged to do so; (25)
5) Destroying or concealing documents necessary for the determination of
tax obligations; (25)
6) Not presenting three or more tax returns, having carried out operations
taxed; (25)
7) Stating costs or expenses, purchases, tax credits or other deductions, facts or
circumstances that have not occurred; (25)
8) Supporting your costs, expenses or purchases in false or non-existent contracts. (25)

It will be sanctioned with imprisonment of four to six years, when the evaded tax corresponds to the
Income Tax and the sum evaded is from three hundred thousand to five hundred thousand colones; Y
with imprisonment of six to eight years, if the tax evasion exceeds five hundred thousand colones.
(25)
When the evaded Tax corresponds to taxes that are declared monthly and the
amount evaded in said tax period will be from one hundred thousand to three hundred thousand colones will be
sanctioned with imprisonment of four to six years. (25)
If the monthly tax evasion exceeds three hundred thousand colones in the
tax period, the penalty will be six to eight years in prison. (25)
In the case of taxpayers of the Tax on the Transfer of Movable Property and the
Provision of Services, which are obliged to apply proportionality of the credit
tax, the evaded amount will be established based on twelve tax periods and for the
Application of the sanction will be attended to the same amounts and penalties established for the Tax
About Income. The previous rule will also be applicable when there are credit remnants
tax in one or more tax periods that affect others in which evasion has occurred
of taxes. (25)

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IMPROPER APPROPRIATION OF TAX WITHHOLDINGS OR PERCEPTIONS
Art. 250. - Whoever withholds or receives tax being designated for that purpose by virtue of the
law or by the Tax Administration, not informing the Treasury within the legal term stipulated for such
effect, and the sums improperly appropriated will exceed a total of twenty-five thousand colones per
month, he will be punished with imprisonment for four to six years. (25)
The same penalty will be applicable to anyone without having the designation or legal obligation to retain or
receive, retain or receive a total tax greater than twenty-five thousand colones per month and not
inform the Treasury. (25)
REFUNDS, RETURNS, COMPENSATIONS OR UNDUE CREDITS
Art. 250-A. - Whoever obtains for himself or for another to the detriment of the Treasury, an economic benefit to
that he does not have the right or will obtain it in excess of that which corresponds to him through
returns, refunds, compensations or tax credits, will be
sanctioned with imprisonment from four to six years, if the fraud exceeds twenty-five thousand
colones. (25)
The crime of improperly obtaining refunds, refunds, compensations or
accreditations, will be punished with prison of six to eight years, if the benefit is obtained
by any of the following means: (25)

a) Using documents that have previously motivated refunds, returns,
accreditations or compensations; (25)
b) Documents obtained fraudulently; (25)
c) Documents that reflect acts or operations that have not really occurred or that have not
Has made;
d) Excluding or omitting to declare income; (25)
e) declaring values ​from non-existent operations; (25)
f) Increasing the operations actually carried out, using values ​or prices
higher or lower than those that correspond. (25)

PROPOSITION AND CONSPIRACY
Art. 251.- The proposition or conspiracy to commit any of the crimes of Fraud
to the Treasury, they will be punished with a prison sentence of two to four years. (25)
When the proposal or conspiracy of any of the crimes of Fraud of the Treasury is
committed by a public official or employee, the penalty will be four to six years. (25)
HOW TO PROCEED

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Art. 251-A.- It will be an essential requirement to proceed in cases of conduct
criminal offenses constituting Treasury Fraud crimes indicated below, which
the administrative procedures for the appraisal of the respective taxes have been concluded and that
there are no pending lawsuits or appeals in relation to such administrative proceedings. The
cases referred to in this subsection are: (25)

a) Numerals 3) when the statement is inaccurate, 4) and 7) all of Art. 249-A; (25)
b) Literals d) and f) of the second paragraph, both of Art. 250-A; Y; (25)
c) Third subsection of Art. 284, when it refers to stating amounts and data
different from the real ones. (25)

In all other cases, when the Tax Administration, in the exercise of the power to
inspection, be aware of the committing of Treasury Fraud Crimes, in
attention to the principle of prejudiciality, it will refrain from continuing with the procedure
administrative office, will prepare the respective report and communicate said situation to the Attorney General's Office
of the Republic. Said report must include all the facts detected during the
periods included in the order of appointment of auditors for the verification of the
oversight. (25)
The notice of the existence of the crime will be made by the Tax Administration through a report
duly reasoned, endorsed by the Director General and the Deputy Director General of Taxes
Inmates, to which the documentation and information that may be applicable will be attached, indicating the
amount of taxes evaded, withholdings or improperly appropriated perceptions, of
improper refunds, returns, compensation or accreditation; and the indication of
false documents, depending on the crime that occurs. (25)
In the event of conviction, there will be no place to continue the procedure
administrative. (25)
When for any circumstance within the judicial process the Judge of the Cause establishes
that the amount defrauded is less than the amounts that this Code establishes for the
configuration of the crimes of Tax Fraud, or that the conduct of the defendant is not
constituting a crime, the taxpayer will not be released from substantive tax liability. The
Corresponding judge must certify what is conducive and release official letter to the Tax Administration
in which he makes the aforementioned circumstances known. (25)
The pronouncement of the Judge declaring the non-existence of criminal responsibility does not inhibit the
Power of the Tax Administration to determine substantive tax liability
of the taxpayer in administrative headquarters, paying the tax and respective accessories. (25)
ABSOLUTORY EXCUSE
Art. 252.- In the crimes of this Chapter, no penalty shall be imposed on the accused if in
at any time it will duly satisfy the Treasury the taxes evaded with their respective
accessories.

TITLE X

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CRIMES RELATED TO THE ORDINATION OF THE TERRITORY, THE PROTECTION OF
NATURAL RESOURCES, AND THE ENVIRONMENT
CHAPTER I
OF THE CRIMES RELATED TO THE ORDINATION OF THE TERRITORY

UNAUTHORIZED CONSTRUCTION
Art. 253.- Whoever carries out a construction that is not legally or administratively authorized, in
undeveloped land or in places of recognized artistic, historical or cultural value, will be
sanctioned with imprisonment from six months to one year and a fine of one hundred to two hundred days fine.
When the construction is carried out under the direction or responsibility of a professional of the
construction, will be imposed on him, in addition, the special disqualification of profession or trade by the
same period.
LIABILITY OF PUBLIC OFFICIALS OR EMPLOYEES
Art. 254.- Public officials or employees who have knowingly informed
favorably on building or demolition projects or on licensing
notoriously contrary to current urban regulations or those who authorize them, will be
sanctioned with disqualification from the position or employment for three to five years.

CHAPTER II
OF CRIMES RELATING TO NATURE AND THE ENVIRONMENT

ENVIRONMENTAL POLLUTION
Art. 255.- Anyone who causes or performs, directly or indirectly, emissions, radiation or
discharges of any nature into the soil, atmosphere, surface terrestrial waters,
underground or maritime, in contravention of the respective laws and regulations and that put
in serious danger the health or quality of life of people or the balance of systems
ecological or environmental, will be punished with imprisonment from four to eight years. (3)
ENVIRONMENTAL POLLUTION AGGRAVATED
Art. 256.- In the cases of the previous article, the penalty will be six to ten years in prison if the
fact is attributed to a legal person, public or private, that will function without the corresponding
environmental permit or clandestinely or has disobeyed the express provisions of the
environmental authority to correct or suspend its operations; would have contributed
false information to obtain the corresponding environmental permit or has prevented or
hampered inspection by environmental authority. (3)
GUILTY ENVIRONMENTAL POLLUTION

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Art. 257.- In the cases referred to in the previous articles if the agent acted with fault,
will be punished with imprisonment from one to three years. (3)
FOREST DEPREDATION
Art. 258.- Whoever destroys, burns, cuts down or damages, in whole or in part, forests or other
natural or cultivated plant formations that are legally protected, it will be
sanctioned with imprisonment from three to six years. (3)
Farmers who carry out agricultural work strictly are exempt from any penalty.
cultural (3)
DEPREDATION OF PROTECTED FLORA
Art. 259.- Whoever cuts, fells, burns, plucks, collects, trades or carries out traffic
illegal of any species or subspecies of protected flora or destroy or seriously alter its
natural environment, will be punished with imprisonment from one to three years. (3)
The same penalty shall be incurred by anyone in a protected natural area who seriously damages any of the
elements that would have served to qualify it as such. (3)
WILDLIFE PREDATION
Art. 260.- Anyone who employs poison, explosive means or others for hunting or fishing.
instruments or arts capable of generating a similar destructive efficacy, it will be
sanctioned with imprisonment from one to three years. (3)
DEPREDATION OF PROTECTED FAUNA
Article 261.- Whoever hunts or fishes endangered species, performs activities that prevent or
hinder their reproduction or contravening the laws or regulations protecting the species
of wild fauna, will trade with them or with their remains, will be sanctioned with prison of
three to five years. (3)
The sanction will be increased by one third of the maximum of what is indicated in the previous paragraph, if
I will treat of species cataloged in danger of extinction. (3)
RESPONSIBILITY OF PUBLIC OFFICIALS AND EMPLOYEES
Art. 262.- Public officials or employees who, being obliged in the exercise of their
functions, to report on the commission of crimes related to the protection of resources
nature, the environment, flora and fauna, omitting to do so or informing by hiding the
themselves, will be sanctioned with imprisonment of one to three years and disqualification from the position or employment
for the same time. (3)
The same sanction shall be imposed on the public official or employee who in the exercise of his
functions grant permits, authorizations, licenses or concessions, for the execution of works
or projects that have not obtained in accordance with the Environmental Law the
corresponding environmental permit. (3)
TRACE BURNING

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Art. 262.-A.- Anyone who intentionally burns stubble or crops of any nature, will be
sanctioned with a fine between ten to two hundred days fine; each day equaling a fine, to the salary
daily minimum, according to the financial capacity of the offender. (3)
Farmers who carry out agricultural work strictly are exempt from any penalty.
cultural (3)
TRADE AND TRANSPORT OF HAZARDOUS SUBSTANCES
Art. 262.-B.- Whoever commercializes, transports or introduces substances or materials to the country
classified as dangerous in international treaties or the Environment Law, with
Violation of the established security rules, will incur a prison sentence of six to ten
years. (3)
ABSOLUTORY EXCUSE AND ACCESSORY MEASURES
Art. 263.- In the cases provided for in this Chapter, when appropriate, if the author voluntarily and
I will promptly repair the damage caused, and will not incur any penalty.
The judge or court, justifiably, will order that the perpetrator of the fact be responsible for adopting the
measures aimed at restoring, as far as possible, the disturbed ecological balance, as well as
adopt any of the accessory measures, necessary for the protection of property
tutored in this Chapter.
OBJECTIVE CONDITIONS OF PROCESSABILITY
Art. 263.- A.- REPEALED (11) (22)

TITLE XI
CRIMES RELATED TO COLLECTIVE SECURITY
SINGLE CHAPTER
OF COMMON DANGER CRIMES

ENERGY RELEASE
Article 264.- Whoever releases any kind of energy that endangers the life or health of
people or their property, even if there is no explosion, will be punished with imprisonment of
three to six years.
The one that without being included in the previous paragraph, will disturb the operation of facilities
or alter the development of activities in which producing materials or equipment are used
of energy, creating a situation of serious risk, will be punished with imprisonment from one to three
years.
FIRE

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Art. 265.- The one that through fire creates an effective common danger for people or
assets, will be punished with a prison term of three to six years.
HAVOC
Article 266.- Whoever causes havoc through floods, collapses,
landslides or any other similar means not included in the previous articles, will be
sanctioned with imprisonment from three to six years.
BREACH OF SAFETY RULES
Art. 267.- Whoever in the manufacture, handling, transport or possession of explosives, substances
flammable or corrosive, toxic and asphyxiating or of any other matter, apparatus or artifacts
that may cause havoc, contravene the established safety rules, putting in
concrete danger to the life, integrity or health of people, will be punished with imprisonment of
one to three years and a fine of thirty to fifty days fine.
The same sanction shall be incurred by those who in the opening of wells or excavations, in the construction of
buildings, dams, pipelines and similar works or in the conservation, conditioning or
maintenance of the same or infringes the established security rules, whose
Non-observance could cause catastrophic results or endanger life, integrity
or people's health.
COMMON HAZARD CRIMES AGGRAVATED
Art. 268.- The prison sentence will be from four to eight years, when in any of the crimes of
this Chapter, the conduct will relapse:

1) In a building, premises, warehouse or means of transport that contains flammable material or
explosive; Y,
2) In a building, public premises or means of collective transport, when in the same
there is a large gathering of people.

COMMON DANGER GUILTY CRIMES
Art. 269.- He will be punished with six months to two years in prison, the one who by fault provokes
any of the situations described in this Title, if there is serious danger to life, health,
integrity or property of people.
LIABILITY OF PUBLIC OFFICIALS OR EMPLOYEES
Article 270.- Public officials or employees who by reason of their functions were
obliged to report on the commission of crimes related to collective security and not
do or report falsely to favor the offenders, they will be punished with prison
from six months to a year and disqualification from the position or employment for the same time.

TITLE XII

Page 77

OFFENSES RELATED TO PUBLIC HEALTH
CHAPTER I
OF CRIMES RELATED TO CHEMICAL, MEDICINAL, FOOD PRODUCTS
AND WATERS

PRODUCTION AND TRADE OF CHEMICAL PRODUCTS AND HARMFUL SUBSTANCES
Art. 271.- Whoever, without being authorized, elaborates harmful substances or chemical products and
Pharmacists who seriously endanger health or trade with them, will be sanctioned with
prison from one to three years.
TRAFFICKING OF CHEMICAL PRODUCTS AND HARMFUL SUBSTANCES
Art. 272.- Anyone who, being authorized to traffic harmful substances or products
chemicals and pharmaceuticals or any other analogous substance, which seriously endangers the
public health, I will dispatch or supply them without complying with the security formalities
provided for in the respective laws and regulations, will be punished with imprisonment of six months to
two years and disqualification from exercising the profession or trade for the same time.
DISPATCH OR IMPROPER TRADING OF MEDICINES
Art. 273.- Anyone who dispatches or deals with unauthorized, deteriorated or
expired or does not comply with the technical requirements regarding their composition, stability,
conservation, effectiveness or substitute one for another, will be sanctioned with imprisonment from one to three
years and special disqualification for the exercise of the profession or trade for the same time.
ALTERATION OF MEDICINAL SUBSTANCES
Art. 274.- It will be sanctioned with imprisonment of two to four years and special disqualification for the
profession or trade for the same time, who:

1) To prepare it or at a later time, I will alter the amount, dose or composition
genuine, as authorized or declared, of a medicinal substance, depriving it totally or
partially of its effectiveness;
2) I will imitate or simulate medicinal substances, giving them the appearance of real
encouragement to sell or authorize them; Y,
3) Holds, offers, sells, facilitates or uses in any way the
referred medicinal substances, knowing their alteration and for the purpose of
sell them or use them for other people.

HARMFUL FOOD MANUFACTURING AND TRADE

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Art. 275.- It will be sanctioned with imprisonment of two to four years and special disqualification for the
profession or trade for the same time, who:

1) I offer food products in the market omitting or altering the requirements
established in the laws or regulations on its expiration or composition, putting in
serious danger to the health of consumers;
2) Manufacture or sell beverages or food intended for public consumption, harmful
for health or traffic in corrupted goods;
3) Conceal or subtract food or edible substances, intended to be
disabled or disinfected, to trade with them;
4) Adulterate food, substances or beverages destined for the food trade
with unauthorized additives, likely to cause harm to people's health;
Y,
5) I will supply the animals, whose meat or products are intended for consumption
substances, not allowed substances that generate serious risks to the health of the
people or provide them with doses higher than those authorized or knowing the
supply of said substances, slaughter them or destine their meats or products to the
human consumption or the one that will sacrifice these animals having applied
therapeutic treatments or dispatch their meats or products for public consumption, without
respect the statutory waiting periods.

POISONING, POLLUTION OR ADULTERATION OF WATER AND SUBSTANCES
FOODS
Art. 276.- Whoever poisons, contaminates or adulterates water or food products,
intended for public use or consumption by a group of people, will be sanctioned with
prison from three to six years.
GUILTY CRIMES AGAINST PUBLIC HEALTH
Art. 277.- Anyone who culpably commits any of the crimes referred to in this Chapter,
will be punished with imprisonment from six months to two years.

CHAPTER II
OF CRIMES AGAINST SAFETY AND HYGIENE IN THE WORKPLACE,
HEALTH AND STUDY

VIOLATION OF SAFETY AND HYGIENE MEASURES
Art. 278.- He who, being obliged, will not adopt the necessary means so that the workers
carry out their activity with the required safety and hygiene measures, with violation of

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the regulations on the prevention of occupational hazards, putting your health and
physical integrity, will be sanctioned with a fine of fifty to one hundred days fine.
Anyone who does not observe the safety, hygiene and prevention measures will incur the same sanction.
risks, in centers dedicated to health or public or private education.

TITLE XIII
OFFENSES RELATING TO THE PUBLIC FAITH
CHAPTER I
OF THE COUNTERFEIT OF CURRENCY, OFFICIAL STAMPS AND TAX SPECIES (5)

COUNTERFEIT, HOLDING OR ALTERATION OF CURRENCY (15)
Art. 279.- Whoever falsifies or alters currency, national or foreign of legal course, will be
sanctioned with imprisonment from three to ten years.
The same sanction shall be incurred by those who, knowing its falsehood and without having participated in it,
introduces into the country, expends or puts into circulation counterfeit currency or has it in a
considerable amount or quantity of banknotes, and in conditions that allow to infer their mood or
establish indications of their intention to put it into circulation. (fifteen)
FORGERY, HOLDING OF OFFICIAL STAMPS, TAX SPECIES OR TICKETS
LOTTERY (15)
Art. 280.- Anyone who falsifies Official Stamps, National Mail Stamps or any other
class of stamped or stamped effects or tickets or fractions of lottery tickets whose issuance or
expedition is reserved to the State or the Municipalities, it will be sanctioned with imprisonment of two
to six years. (5)
The same sanction will be imposed on whoever introduces the national territory, knowingly
its falsity, expense or use such falsified effects; as well as the individual who has or
make use of authentic official seals that only public officials can use, and at the same time
official who will use them improperly to prove as legitimate non-existent acts or
fake documents. (5) (15)
The stamps used by notaries are considered Official Stamps for criminal purposes. (5)
SALE OR CIRCULATION OF CURRENCY, STAMP OR TAX SPECIES
COUNTERFEIT
Art. 281.- He who, having received in good faith, later learning of its falsehood,
Dispenses or puts into circulation false or altered currency or stamps or lottery tickets or
fiscal species whose issuance is reserved to the State or municipalities, will be
sanctioned with a fine of thirty to sixty days fine.
VALUES EQUIPPED TO CURRENCY

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Art. 282.- For the purposes of criminal law, the following shall be considered currency:

1) Metallic currency and banknotes of legal tender, national or foreign;
2) The titles or coupons of the national or municipal debt;
3) The bonds, letters or cédulas of the national or municipal treasures or of the institutions
autonomous public interest; Y,
4) The titles, certificates or bearer shares issued by the government, which are
negotiable instruments and bonds and bills issued by a foreign government.

CHAPTER II
OF THE FORGERY OF DOCUMENTS

MATERIAL FALSE
Art. 283.- Whoever makes a public or authentic document, totally or partially false or alters
a true one will be punished with a prison term of three to six years.
If the conduct described in the preceding paragraph is carried out in a private document, the
Same penalty if the agent acts with the intention of causing harm to a third party.
The one that being authorized by the Tax Administration to print the relative documents
to the control of the Tax on the Transfer of Movable Property and the Provision of Services,
prepare, facilitate, circulate or make available any of the aforementioned
documents in the name of a person not registered in the Registry of Taxpayers of the Directorate
General of Internal Taxes, or that contains data or information that does not correspond to the
taxpayer with whom they are linked, will be punished with imprisonment of four to six years. (25)
When the person who engages in the previously established conducts is not
authorized by the Tax Administration to print the documents related to the control of the
Tax on the Transfer of Movable Property and the Provision of Services, the sanction to
Impose will be increased by two-thirds of the maximum stipulated penalty. (25)
IDEOLOGICAL FALSEHOOD
Art. 284.- Whoever, on the occasion of the granting or formalization of a public or authentic document,
insert or cause to insert false statement concerning a fact that the document should
prove, will be punished with imprisonment of three to six years.
If the conduct described in the preceding paragraph is carried out in a private document, the
same penalty if the agent acts with the intention of causing harm to a third party
The one who issues or delivers documents related to the control of the Transfer Tax of
Movable Property and the Provision of Services, stating an operation that was not carried out

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or that, having carried out, amounts and data different from the real ones are recorded, it will be
sanctioned with imprisonment of four to six years. (25)
If the documents referred to in the previous paragraph accredit as issuers subjects that are not
They are registered in the taxpayer registry of the Tax Administration; contain
data or information that does not correspond to the taxpayer with whom they are linked in it, the
The penalty will be increased by up to a third of the maximum indicated in the previous paragraph.
(25)
DOCUMENTARY FALSE AGGRAVATED
Art. 285.- In the cases of the previous articles, if the author is a civil servant or employee
public or notary public and execute the fact by reason of their functions, the penalty will be increased up to
one third of the maximum and, in addition, special disqualification will be imposed for the exercise of the
position, job or function for the same time.
REMOVAL, DESTRUCTION OR HIDING OF TRUE DOCUMENTS
Art. 286.- Whoever, in whole or in part, has suppressed, destroyed or hidden a public document,
authentic or true private or a certification or copy that legally substitutes it, if of it
could result in damage to the State, society or individuals, it will be sanctioned with
prison from one to three years.
USE AND HOLDING OF FALSE DOCUMENTS
Art. 287.- He who with knowledge of the falsehood and without having intervened in it, makes use or
has in his possession a forged or altered document, be it public, authentic or private, it will be
sanctioned with imprisonment of three to five years. (fifteen)
He who with knowledge of the falsehood and without having intervened in it, has in his power or
have used documents related to the control of the Property Transfer Tax
Furniture and the Provision of Services that accredit as issuer a taxpayer registered in
the Registry kept by the Tax Administration, and it will be verified that the documents have not
been issued or ordered to be printed by the taxpayer to whom they accredit such documents,
He will be punished with a prison term of four to six years. (25)
The same sanction will be applied to those who sell documents related to the control of the
Tax on the Transfer of Movable Property and the Provision of Services, without having
authorization of the Tax Administration to print them or that having it will prove that
they have not been requested by the taxpayers to whom they credit. (25)
In both cases, when the document accredits as issuer a subject not registered as
taxpayer in the Tax Administration Registry or contains data or information that
does not correspond to the taxpayer they accredit, the penalty will be increased by up to a third
part of the maximum indicated in the previous paragraph. (25)

CHAPTER III
OF PERSONAL FALSEHOOD

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FALSE USE OF IDENTITY DOCUMENT
Art. 288.- The one who uses as his own, passport, or any identity document that does not
It corresponds legally or the one that gives its own, so that another will use it improperly,
he will be punished with imprisonment from six months to a year.
POSSESSION AND MISUSE OF SUIT OR UNIFORM
Art. 288-A.- Anyone who improperly holds or uses real uniforms or
simulations of the National Civil Police, the National Academy of Public Security, the
Armed Forces, and the different personnel elements that are regulated in the Law of the
State Security Services, Autonomous Institutions, and Municipalities and the
Private Security Services Law, will be sanctioned with a fifty to one hundred day fine.
(13)
If said uniforms were used for the purpose of committing a crime, the taxable penalty will be one
to three years in prison, without prejudice to the penalty that corresponds to the crime committed. (13)
ILLEGAL EXERCISE OF PROFESSION
Art. 289.- He who without having a professional title or authorization to practice any profession
regulated, is attributed character of such and exercises it or carries out activities of it,
will be punished with imprisonment from one to three years.

CHAPTER IV (5)
COUNTERFEIT OF MARKS, SIGNS AND IRONS (5)

FORGERY OF SIGNALS AND TRADEMARKS (5)
Art. 289-A.- It will be sanctioned with imprisonment from one to three years: (5)

1) Whoever falsifies trademarks, passwords or signatures officially used to contract
weights or measures, identify any object or certify its quality, quantity or content,
and the one that will apply them to objects other than those for which they were intended. (5)
2) Whoever falsifies tickets for public transport services, provided by
dealers; (5)
3) Whoever falsifies, alters, deletes or substitutes the individualizing numbering of
an object, registered in accordance with the law for tax or security reasons; and, (5) (13)
4) Anyone who falsifies tickets or admission tickets to paid public shows. (5)

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Art. 289-B.- Anyone who falsifies or alters marks or irons with which individuals have branding,
marked or marked his cattle, of any kind, or the one that disfigures said irons or
brands, will be punished with imprisonment from one to three years. (5)
The same penalty shall be incurred by the one who alters the iron, mark or signs on the livestock. (5)

TITLE XIV
CRIMES RELATING TO THE FUNDAMENTAL RIGHTS AND GUARANTEES OF THE
PERSON
SINGLE CHAPTER
FUNDAMENTAL RIGHTS AND GUARANTEES OF THE PERSON

DEPRIVATION OF FREEDOM BY PUBLIC OFFICIAL OR EMPLOYEE, AGENT OF
PUBLIC AUTHORITY OR AUTHORITY
Art. 290.- The public official or employee, agent of authority or public authority that was
of the cases indicated by law, I will carry out, agree, order or allow any deprivation
of freedom of a person, will be sanctioned with imprisonment of three to six years and disqualification
special for the exercise of the respective position or employment for the same time.
If the deprivation of liberty exceeds forty-eight hours or after the execution of the
detention in flagrante delicto, the detainee is not immediately notified to the authority
competent authority, both the prison and the special disqualification, will be increased by up to a third
part of a maximum.
IMPROPER LIMITATIONS ON INDIVIDUAL FREEDOM
Art. 291.- The public official or employee who, being in charge of the responsibility of a
establishment destined to serve a sentence or security measure or detention
provisional, any person receives as a detainee without a written order of authority
competent or does not obey the release order issued from it or prolong the execution
of a penalty or security measure, will be punished with imprisonment from one to three years and
special disqualification from the position or employment for the same time.
If the person received is under the age of sixteen or insane, the prison sentence will be three to
five years and special disqualification for the same time.
ATTACKS RELATING TO THE RIGHT TO EQUALITY
Art. 292.- The public official or employee, agent of authority or public authority, who by
reason of nationality, race, sex, religion or any other condition of a person, you
Deny any of the individual rights recognized by the Constitution of the
Republic, will be sanctioned with imprisonment of one to three years and special disqualification from the position or
employment for equal time.
ATTACKS RELATING TO FREEDOM OF EXPRESSION

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Art. 293.- The public official or authority, who outside of the cases allowed by the
Constitution of the Republic, establish prior examinations, censorship or guarantee to a medium of
social communication aimed at the dissemination of thought, whether of a written or radio nature
or television, will be punished with imprisonment of two to four years and special disqualification from the position
or employment for the same time.
ATTACKS RELATED TO THE RIGHT OF ASSOCIATION AND REUNION
Art. 294.- The public official or employee, agent of authority or public authority that was
of the cases provided for by law, dissolves or suspends an association, union, society or
cooperative legally constituted or hinders its legal activities, will be sanctioned with
imprisonment for one to three years and special disqualification from office or employment for the same time.
The same sanction shall be incurred by the person who prevents or obstructs the formation of one of such groups.
ELECTORAL FRAUD
Art. 295.- It will be punished with a prison sentence of four to six years, if the electoral fraud is
committed under any of the following circumstances:

a) Vote without having the right, impersonate another voter or vote more than once in the same
choice; (7) (31)
b) Whoever pays money or species or through offers of particular benefits
received or promised, to induce a voter to vote for a certain party or
candidate or to abstain from voting or annul their vote; (7) (31)
c) Anyone who alters an electoral register by suppressing the specifications established by the
Electoral Code, altering the originals; (7) (31)
d) Anyone who removes or totally or partially destroys an electoral roll and any of
the documents necessary to carry out the voting or legally verify their
results; (7) (31)
e) Anyone who steals, disables, substitutes or destroys the ballot papers from
the moment in which these were indicated by the Supreme Electoral Tribunal, until the
completion of the count; (7) (31)
f) Anyone who removes, disables, substitutes or destroys the voting booths from the
moment in which these were delivered to the electoral bodies by the Court
Electoral Supreme Court, even before the scrutiny is practiced; (7) (31)
g) Anyone who by any means prevents or hinders the preparation of the registry
electoral process, or the free exercise of suffrage or the scrutiny of voting; (7) (31)
h) Anyone who coerces a voter to vote in favor of a candidate or violates the
secrecy of the voter's vote. (7) (31)
I) Whoever, with the purpose of voting in a constituency other than the one legally
corresponds, change your address and modify your place of residence in your Document
Unique Identity. (41)

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If the subjects who participated in the previously foreseen behaviors were civil servants
public or electoral officials, will be punished with a penalty of seven to ten years in prison
and disqualification for the exercise of the position for an equal period. (5) (7) (31)
ATTACKS RELATING TO FREEDOM OF RELIGION
Art. 296.- Anyone who in any way prevents, interrupts or disturbs the free exercise of
a religion or publicly offends the feelings or beliefs of the same, mocking
in fact any of the dogmas of any religion that has proselytes in the Republic,
making an apology contrary to religious traditions and customs, or destroying or
cause damage to objects destined for a cult, will be punished with imprisonment from six months to two
years. (39)
If the above is done with publicity, it will be punished with imprisonment for one to three years. (39)
The repetition of the conduct will be punished with a prison term of three to five years. (39)
The conduct carried out repeatedly and with publicity, will be sanctioned with imprisonment of four
years. (39)
TORTURE
Art. 297.- The public official or employee, agent of authority or public authority who with
occasion of the functions of his position, subject another person to physical or mental torture or
having the power to avoid it or prevent it, he does not do so, he will be sanctioned with imprisonment from three to
six years and disqualification for the exercise of the respective position or employment for the same time.
ATTACKS RELATED TO THE RIGHT OF DEFENSE
Art. 298.- The public official or employee, agent of authority or public authority, who
prevents or hinders the exercise of the right of defense or the assistance of a lawyer to the
arrested or prosecuted, seek or encourage the resignation of the same or do not inform in a
immediately and in an understandable way to the detainee about their rights and the reasons for their
detention, will be punished with imprisonment from one to three years and special disqualification for
exercise of the respective position or employment for the same time.
REGISTRATION AND ILLEGAL SEARCHES

Art. 299.- The public official or employee, agent of authority or public authority, who
I will carry out a search, investigation, act or inquiry unrelated to the purpose of preventing or investigating
crimes or misdemeanors or order or allow them, will be punished with imprisonment from six months to two
years and special disqualification for the exercise of the position or respective employment by the same
weather.
SEIZURE WITHOUT LEGAL AUTHORIZATION
Art. 300.- The public official or employee, agent of authority or public authority who
I will enter someone else's dwelling, without the consent of the resident or whoever takes his place,
being legally authorized or ordered or permitted, it will be sanctioned with imprisonment from one to
three years and special disqualification for the exercise of the position or respective employment by the same
weather.

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INVIOLABILITY OF CORRESPONDENCE
Art. 301.- The public official or employee, agent of authority or public authority that is
of the cases provided for by the Constitution of the Republic and in the course of an investigation
police or judicial, violate private correspondence, or order or allow it, will be sanctioned
with imprisonment of one to three years and special disqualification for the exercise of the position or employment
respective for equal time.
INTERFERENCE AND INTERVENTION OF TELEPHONE COMMUNICATIONS
Art. 302.- Whoever intercepts or intervenes in telephone communications or uses devices
listening or recording technicians of said communications or ordered or permitted, will be
sanctioned with imprisonment of two to four years, and special disqualification for the exercise of the position
or employment for the same time, if he is a civil servant or public employee. (13)
In the framework of a judicial investigation or the Office of the Attorney General of the Republic, no
will consider as interference or telephone tapping, or violation of the right to privacy,
when threats are being received, demanding ransom from a person who is
deprived of liberty or kidnapped or the fulfillment of certain facts is requested in exchange
of the release of said person, or in exchange for not attempting any criminal action or in the case of
organized crime crimes, and the victim, the offended or their representative, where appropriate, request
or allow, in writing, the Office of the Attorney General of the Republic, the listening and recording of the
conversations or actions in which such threats or demands are received. He listens to her and
The recording thus obtained may be used for evidentiary purposes in court and, in this case, it must
be valued by the judge. (13)

TITLE XV
OFFENSES RELATED TO THE ADMINISTRATION OF JUSTICE
CHAPTER I
OF THE CRIMES RELATED TO THE JUDICIAL CURRENT

COMPLAINT OR CALUMNIOUS ACCUSATION
Art. 303.- Whoever denounces or accuses a person before a judicial authority, as the author or
participant in a crime knowing that he is innocent, will be punished with imprisonment from one to three
years.
The same sanction shall be incurred by the one who gives notice to the judicial authority, to the Attorney General of the
Republic or auxiliary bodies, accusing another of having committed a crime, knowingly
that he is innocent.
CRIME SIMULATION
Art. 304.- Anyone who denounces before a judicial official or security body that has an obligation
legal to proceed to the investigation, an imaginary crime or simulate material evidence in support
of the simulation, without blaming any specific person, but with the purpose of initiating

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a judicial or police procedure for the investigation of the simulated fact, will be sanctioned with
prison from one to four years. (38)
The same sanction will be incurred by the person who makes false telephone calls to the
Emergencies called 911 or its equivalent of the National Civil Police or any other
Police Department or Unit. (38)
FALSE TESTIMONY
Art. 305.- Whoever, in a statement as a witness before the competent authority, affirms a falsehood,
deny or keep silent, in whole or in part, what he knows about the facts and circumstances about
who are questioned, will be punished with imprisonment from two to five years.
The same sanction shall be incurred by experts, interpreters, translators and consultants who, acting
as such before authority, they affirm a falsehood or omit the truth in their manifestations.
There will be no place for criminal sanction when the fact described in the previous articles is
executed in criminal proceedings in favor of a defendant by ascendant, descendant, adopter,
adopted, brother, spouse or partner or person in a similar emotional relationship with
that.
PROCEDURAL FRAUD
Art. 306.- Whoever, in the course of a criminal proceeding or immediately before starting, alters
artificially the state of places or the position or condition of people, of things
or of the corpses in order to deceive in the act of judicial inspection or reconstruction, or
suppress or alter in whole or in part what will prove the reality or truth of what is
intends to know, investigate or prove, to mislead a judicial action or decision
or the Office of the Attorney General of the Republic, will be punished with imprisonment from two to ten years. (10)
BRIBERY
Art. 307.- Whoever gives, offers or promises money or any other advantage to a witness, jury,
lawyer, advisor, expert, interpreter or translator, in order to make a false statement, or a
denial or concealment of the truth, in whole or in part, in a judicial action that may be
serve in diligence or process, even if the offer or promise has not been accepted, it will be
sanctioned with two to five years' imprisonment.
CONCEALMENT
Art. 308.- He will be punished with imprisonment from six months to three years, which with knowledge of
having perpetrated a crime and without prior concert, commits any of the following facts:

1) I will help to evade the investigations of the authority or to evade the action of this;
2) I will procure or help someone to obtain the disappearance, concealment or alteration of
the traces, evidence or instruments of the crime or ensure the product or the
use of it; Y,
3) Acquire, receive or hide money, things or effects derived from a crime or
intervenes in its acquisition, reception or concealment.

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If the above behaviors are carried out with respect to the crimes of extortion or kidnapping, the
The penalty will be four to eight years in prison. (33)
The penalty will not be applied, in the cases of numbers 1) and 2) to whoever conceals his ascendant,
descendant, adopter, adoptee, brother, spouse, partner or analogous person
affective relationship.
OMISSION OF THE DUTY TO KNOW CERTAIN CRIMES
Art. 309.- He who having certain knowledge, that he is going to commit a crime against life
o personal integrity, collective security, public health, individual or sexual freedom and
there being no danger or harm to himself or his relatives, he will not inform the
threatened or from the authority, will be punished with imprisonment from six months to one year, if the crime
has started to run.
If the above behaviors are carried out with respect to the crimes of extortion or kidnapping, the
The penalty will be four to eight years in prison. (33)
PREVARICATE
Art. 310.- The judge who knowingly dictates a resolution contrary to the law or based on facts
false, for personal interest or bribery, will be punished with imprisonment of three to six years and
special disqualification of the position for the same time.
If the sentence is convicting, in criminal proceedings, the penalty will be three to ten years
prison.
The provisions of the first paragraph shall be applicable, where appropriate, to the arbitrators.
The fact that a magistrate, judge or secretary, directs by himself or by
interposed person to the interested party or to the parties in trial or proceedings that are followed in court
in which he performs his functions or in some other.
Those who commit this crime will be punished with imprisonment from one to three years.
The judge who, due to negligence or inexcusable ignorance, will issue a manifestly unfair sentence,
He will be punished with imprisonment for two to four years.
RESEARCH OMISSION
Art. 311.- The Attorney General of the Republic or the official designated by him, who is one of the
cases permitted by law, refuse to promote the investigation of a criminal act of which
be informed by reason of his functions, he will be punished with imprisonment of three to five years.
Said officials shall incur the same sanction, when knowing the realization of an act
criminal, omit the exercise of the corresponding criminal actions before the judge or court
competent.
In all these cases, a special disqualification of the position for the same will be imposed.
weather.

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OMISSION OF NOTICE
Art. 312.- The public official or employee, agent of authority or public authority who in the
exercise of their functions or on the occasion of them, becomes aware of having perpetrated a
punishable act and fails to notify the official within twenty-four hours
competent, will be sanctioned with a fine of fifty to one hundred days fine.
The same sanction will be imposed on the head or person in charge of a hospital, clinic or other
similar establishment, public or private, that does not inform the competent official
entry of injured persons, within eight hours after the same, in cases where
rationally they should be considered as originating from a crime.
DISOBEDIENCE TO JUDICIAL MANDATE
Art. 313.- The person who is legally summoned by a judicial official as a jury, witness,
translator, interpreter or custodian of things, that being required to hear a second time will excuse or
refrains from appearing, without just cause, or, having appeared, refuses to lend his
collaboration in the judicial diligence that is ordered, will be sanctioned with thirty to sixty
fine days.
Disobedience to a court order will also be considered non-appearance without just cause for
any of the parties duly cited, in the case of Article 270 of the Criminal Procedure Code and
They will be punished with two to four years' imprisonment. If they are officials or employees
public will also be sanctioned with the disqualification of the position during the same time. (fifteen)
The sanction will be one hundred to one hundred and eighty days, fine and special disqualification from office or employment.
from one to three years, for the official or public employee agent of authority or authority
public that does not provide the collaboration required by the judge or magistrate.
UNFAITHFUL SPONSORSHIP
Art. 314.- The lawyer, public defender or representative, who before judicial authority, defends or
represent opposing parties in the same matter, simultaneously or successively, it will be
sanctioned with fifty to one hundred days fine and special disqualification of profession, trade or position
two to four years.
Prosecutors, advisers, technical collaborators and others will incur the same sanction.
public officials or employees in charge of issuing an opinion.
INFLUENCE SIMULATION
Art. 315.- The lawyer, public defender, prosecutor or agent who, simulating influences before the
judge or magistrate who hears a matter, before the prosecutor who intervenes in it, before the
respective judicial secretary or before a witness or expert who should act in it, will receive from his
client or cause him to promise himself or a third party, money or other utility, with the
pretext that the judgment or judicial diligence will be favorable or that you will have to remunerate them, will be
sanctioned with imprisonment from one to three years.
DESTRUCTION, INUTILIZATION OR HIDING OF DOCUMENT BY LAWYER OR
LEADER
Art. 316.- He who intervening in a case as a lawyer, public defender, prosecutor or
agent, with abuse of his function, destroy, disable or hide documents or

Page 90

actions of those who have received transfer in that capacity, or in any other
circumstance, will be sanctioned with imprisonment of two to five years and special disqualification of
profession, trade or position of three to six years.

CHAPTER II
OF CRIMES AGAINST THE AUTHORITY OF JUDICIAL DECISIONS AND ABUSE
OF LAW

EVASION (15)
Art. 317.- Anyone who, being legally detained or convicted, evades, will be punished.
with two to four years' imprisonment. (10) (15)
If the escapee voluntarily appears before any authority or returns to the place of
imprisonment, the sanction may be lowered to half the minimum indicated. (10)
FAVORING THE EVASION
Art. 318.- Whoever procures , facilitates or allows the escape of a detained person or
convicted, will be punished with imprisonment from five to ten years. If it is an official,
public employee, agent of authority or public authority in charge of their custody or custody,
A special disqualification for the exercise of public office or employment will also be imposed.
(11) (12) (15)
GUILTY FAVORING TO EVASION
Art. 318-A.- Anyone who in a culpable manner allows the evasion of a detained person or
convicted, will be punished with imprisonment from one to three years. (fifteen)
VIOLENT EXERCISE OF LAW
Art. 319.- The one who in order to exercise an alleged right when he could have gone to
the authority, uses intimidation or violence against people, will be sanctioned by
Complaint of the aggrieved person, with a fine of one hundred to one hundred and fifty days fine.
Anyone who, for the same purpose, has used force over things, will be sanctioned with
ten to fifty days fine.

TITLE XVI
OFFENSES RELATED TO THE PUBLIC ADMINISTRATION
CHAPTER I
ABUSES OF AUTHORITY

Page 91

ARBITRARY ACTS
Art. 320.- The public official or employee or the person in charge of a public service who in the
performance of their function will carry out any illegal or arbitrary act, humiliation or abuse against
people or damage to property, or use illegitimate or unnecessary coercion for the
performance of the function or service or allow a third party to commit it, will be sanctioned
with imprisonment of two to four years and special disqualification for the performance of the position by the
Same time.
BREACH OF DUTIES
Art. 321. - The civil servant or public employee, agent of authority or the person in charge of a service
public that illegally omits, refuses to do or delay any act proper to its function,
will be sanctioned with imprisonment of four to six years and special disqualification for the performance
of the position for the same period. (13) (25)
When the breach of duty gives rise to a criminal act, or is the reason for another, the
The penalty will be increased by a third of the maximum established and disqualification from the position
for the same period. (13) (25)
DISOBEDIENCE
Art. 322.- The public official or employee, agent of authority or public authority who
openly refuse to comply with the judgment, decisions or orders of a
superior, issued within the scope of its competence and covered with the legal formalities,
will be punished with imprisonment from six months to one year and special disqualification for the exercise of
employment or position for equal length.
Notwithstanding the provisions of the preceding paragraph, the
public officials or employees, agents of authority or public authority, for not giving
compliance with a mandate that constitutes a manifest, clear and final infringement of a
precept of law or any other regulatory provision.
REFUSAL OF AID
Art. 323.- The public official or employee agent of authority or public authority or the
in charge of a public service that without just cause omits, refuses or delays the
provision of assistance legally required by the competent authority, will be sanctioned with
imprisonment from six months to two years and special disqualification for the performance of employment or
charge for equal time.
DISCLOSURE OF SECRET FACTS, ACTIONS OR DOCUMENTS BY
OFFICIAL EMPLOYEE
Art. 324.- The public official or employee who reveals or divulges facts, actions,
information or documentation that must remain in reserve or will be provided in any way
Knowledge of them will be punished with a prison term of four to six years. (25)
If the disclosure or disclosure results in serious damage to the interests of the State, the sanction
it may be increased by up to a third of the maximum indicated.

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CHAPTER II
OF CORRUPTION

PECULATION
Art. 325.- The public official or employee or the person in charge of a public service who
I will appropriate for my own benefit or that of others, money, securities, fiscal or municipal assets or other
movable thing whose administration, collection, custody or sale is in charge of
By virtue of his function or employment or gives occasion for the act to be committed, he will be sanctioned with
imprisonment according to the following rules: (25)
If the embezzlement is up to one hundred thousand colones, the penalty will be six to eight years. (25)
When it is greater than one hundred thousand colones but less than or equal to five hundred thousand colones, the penalty
It will be a prison term of eight to ten years. (25)
If the embezzlement is greater than five hundred thousand colones, the penalty will be prison from twelve to fifteen
years. (25)
PECULATED FOR GUILT
Art. 326. - The public official or employee who, due to his fault, gives the opportunity to commit
by another person the embezzlement referred to in the previous article, will be sanctioned with a penalty of
imprisonment for two to three years if the embezzlement is less than or equal to one hundred thousand colones; and with prison of
three to five years if it exceeds this amount. (25)
CONCUSSION
Art. 327.- The public official or employee, agent of authority or public authority who,
Abusing their quality or their functions, I will force another to give or promise to him or to a third party,
money or other lucrative profit, will be sanctioned with imprisonment of three to six years and disqualification
special position or employment for the same time.
ILLEGAL NEGOTIATIONS
Art. 328.- The public official or employee who, having to intervene by reason of his position, in
any contract, tender, auction, decision or any operation, will take advantage of such
circumstance to force or facilitate any form of direct or personal participation
interposed, in such businesses or actions, will be sanctioned with imprisonment of four to eight years
and special disqualification from the position or employment for the same time.
The public official or employee, who by reason of his position, intervenes in any contract,
supply, tender or auction in which the Public Treasury is interested and will accept
commissions or percentages in money or other gifts offered by the interested parties or
intermediaries, will be punished with imprisonment of two to five years. If the official or employee
the public has been the one that requested the commissions or percentages, the sanction may be increased
up to a third of its maximum.

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The provision of the first paragraph is applicable to arbitrators, experts, accountants and others.
professionals, regarding the acts in which they intervene by reason of their office, as well as the
guardians and trustees and anyone who by virtue of any other legal action intervenes in
rendering of accounts, partitions, contests, settlements and similar acts.
LEVY
Art. 329.- The public official or employee, agent of authority or public authority, who
taking advantage of his condition or position, impose or obtain for the public administration or
municipal, rates, rights, contributions, excise taxes or any other benefit that you know not
It is legal or even being legal to employ for its collection, humiliating or burdensome means that the law does not
falsely authorize or invoke a superior order, court order or other legitimate authorization,
will be punished with imprisonment from six months to two years.
OWN BRIBERY
Art. 330.- The public official or employee, agent of authority or public authority, who by himself
or by an intermediary, request or receive a gift or any other undue advantage or
I will accept the promise of a retribution of the same nature, to perform an act contrary to
their duties or for not doing or delaying an act due, proper to their functions, will be sanctioned
with imprisonment of three to six years and special disqualification from employment or position for the same time.
IMPROPER BRIBERY
Art. 331.- The public official or employee, agent of authority or public authority, who by himself
or by an intermediary, request or receive a gift or any other undue advantage or
I will accept the promise of a retribution of the same nature, to perform an act of
his functions or for an act already carried out proper to his position, he will be punished with imprisonment of two
to four years and special disqualification from the position or employment for the same time.
EMBEZZLEMENT
Art. 332.- The public official or employee, who gives to the flows or effects that he administers,
an application different from that to which they were legally intended, will be sanctioned
with a fine of fifty to one hundred days fine.
If the fact results in any personal benefit for himself or for a third party, the sanction will be one
to three years in prison, special disqualification from the position or employment for the same time.
ILLICIT ENRICHMENT
Art. 333.- The official, public authority or public employee, who on the occasion of the position or
his functions obtain an unjustified capital increase, he will be sanctioned with imprisonment of
three to ten years. (eleven)
The person interposed to simulate the increase will incur the same prison sentence.
unjustified patrimonial.
In any case, a special disqualification will be imposed for the exercise of the position or employment by the
Same time.
INFIDELITY IN THE CUSTODY OF PUBLIC RECORDS OR DOCUMENTS

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Article 334.- It will be sanctioned with imprisonment of two to four years and special disqualification from the position or
employment for equal time, the public official or employee who:

1) Subtract, destroy, conceal or render useless records or documents that are
entrusted by reason of their position;
2) Destroy or disable the means established to prevent access that has been
restricted by competent authority, regarding public records or documents, or
consent to its destruction or disablement; Y,
3) Access or allow another to do closed records or documents, whose
custody is entrusted to him by reason of his position or employment.

The same sanction will be applied to the notary who destroys, conceals or disables his protocol book.
CHAPTER III
OF CRIMES COMMITTED BY INDIVIDUALS

ACTIVE BRIBERY
Art. 335.- He who, by himself or through an intermediary person, promises, offers or delivers to a
public official or employee a gift or any other undue advantage, to execute
an act contrary to his official duties or for him not to perform or delay a due act, it will be
sanctioned with prison of six to ten years.
If the fact consists of executing an act proper to his official functions or is brought from a
Act already carried out, proper to his position, will be punished with imprisonment for two to four years.
TRANSNATIONAL BRIBERY (30)
Art. 335-A.- Anyone who offers, promises or grants a public official or employee,
public authority or agent of authority of another State, or International Organization, directly or
indirectly, money or any object of pecuniary value, including gifts, favors,
promises or advantages for said person to perform or omit any act in the exercise of their
public functions, related to the economic or commercial transaction, will be sanctioned with
imprisonment for two to four years. (30)
INFLUENCE PEDDLING
Art. 336.- The one who, simulating or using his influence with a public official or employee,
receive or cause to be promised for himself or for another, money or other advantages as a stimulus
or reward for his mediation with that person or on the pretext of buying favors or
remunerate benefits, will be punished with imprisonment from one to three years and a fine of fifty to
one hundred days fine.
If the person who carried out the act is a public official or employee, it will be imposed, in addition,
special disqualification for the exercise of public office or employment for the same time.

Page 95

ENDURANCE
Art. 337.- Whoever opposes , through violence, the execution of a legal act of a
public official or employee, agent of authority or public authority or against the acts of a
individual who will provide assistance at their request or by virtue of a legal duty, it will be
sanctioned with imprisonment from six months to two years.
DISOBEDIENCE OF INDIVIDUALS
Art. 338.- Anyone who disobeys an order issued in accordance with the law and issued by a
public official or authority in the exercise of their functions, will be sanctioned with imprisonment of
one to three years and a fine of fifty to one hundred days fine. (3. 4)
DISOBEDIENCE IN CASE OF DOMESTIC VIOLENCE
Art. 338.-A.- Anyone who disobeys an order or precautionary or protective preventive measure
issued by public authority in application of the Law against Intrafamily Violence, will be
sanctioned with imprisonment from one to three years. (4)
TRAFFICKING OF PROHIBITED OBJECTS IN PRISON CENTERS OF DETENTION OR
REEDUCATIONAL (34) (44)
Art. 338-B.- Whoever enters, introduces, traffics, has or puts into circulation in the interior
of a Penitentiary Center or of a center or place of detention, shelter or reeducation, objects
prohibited by the Penitentiary Law and the respective regulations, will be sanctioned with imprisonment of
three to six years. (34) (44)
The same sanction shall be incurred by the person caught providing said objects by means of the
launch from the outside of said facilities. (34) (44)
Public officials or employees who carry out, permit or facilitate such conduct
The penalty will be increased by up to a third of the maximum indicated and, in addition, will be imposed
special disqualification for the exercise of the position, job or function for the same time. (34) (44)
Exceptions from this provision are those that are carried out for just cause and with due
authorization from the corresponding administration, which must be recorded in writing.
(34) (44)
DISRESPECT
Art. 339.- Anyone who, on the occasion of a public official being in the exercise of his or her functions or
by reason of these, offends in fact or by word his honor or decorum or threatens him in his
presence or in writing that he directs, will be punished with imprisonment from six months to three years.
If the offended is President or Vice President of the Republic, Deputy to the Assembly
Legislative, Minister or Undersecretary of State, Magistrate of the Supreme Court of Justice or
Chamber of Second Instance, Judge of First Instance or Justice of the Peace, the sanction may
be increased by up to a third of its maximum.
FALSE INFORMATION FOR THE VICTIM PROTECTION PROGRAM AND
WITNESSES

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Art. 339-A.- Anyone who provides false information to the officers or employees of the Unit
Executive Technician of the Justice Sector in order for him or a third party to be included in the
Victims and Witnesses Protection Program will be punished with imprisonment of one to three years.
(32)

TITLE XVII
CRIMES RELATING TO THE CONSTITUTIONAL SYSTEM AND THE PUBLIC PEACE
CHAPTER I
CRIMES RELATED TO THE CONSTITUTIONAL SYSTEM

REBELLION
Art. 340.- Those who take up arms will be punished with a prison term of fifteen to twenty years.
for any of the following purposes:

1) Abolish or violently change the Constitution of the Republic or the Institutions that
emanate from it;
2) To depose the President of the Republic or whoever takes his place or force him to execute
an act proper to their functions, against their will;
3) Prevent the person to whom
corresponds;
4) Usurp the powers of any of the highest authorities of the State;
5) Subtract the Armed Forces from obedience to the Constitutional Government; Y,
6) Prevent the legitimate meeting of the Legislative Assembly, Council of Ministers or the
Supreme Court of Justice, dissolve them, prevent them from deliberating or force them to resolve
in a certain sense.

If the author is a public official or employee, agent of authority or public authority,
It will also impose absolute disqualification from office or public employment for the same term.
SEDITION
Art. 341.- They will be punished with imprisonment of ten to fifteen years, who without ignoring the
authority of the constitutional government, rose up publicly and in tumultuous
violence any of the following:

Page 97

1) Prevent, by direct acts, the promulgation or execution of laws or the celebration
of an electoral act or of the scrutiny;
2) Prevent the authorities from freely exercising their functions or enforcing the
administrative or judicial orders;
3) Deposing any official of the Public Administration or preventing them from taking
those who have been legitimately appointed or elected in office; Y,
4) Exercising, for political or social purposes, any act of coercion against belongings
of the State or of some decentralized organism.

If the author is a public official or employee who is an agent of authority or public authority, he will be
It will also impose absolute disqualification from the position or employment for the same term.
PROPOSAL, CONSPIRACY AND APOLOGY TO COMMIT REBELLION OR SEDITION
Art. 342.- The proposition and conspiracy to commit the crimes of rebellion or sedition, will be
sanctioned with imprisonment from six months to two years.
If the author is a public official or employee who is an agent of authority or public authority, he will be
It will also impose absolute disqualification from the position or employment for the same term.

CHAPTER II
OFFENSES RELATING TO PUBLIC PEACE

ACTS OF TERRORISM
Art. 343.- REPEALED. (35)
PROPOSAL AND CONSPIRACY FOR ACTS OF TERRORISM
Art. 344.- REPEALED. (35)
ILLEGAL GROUPINGS
Art. 345.- Whoever takes part in an illegal group, association or organization, will be
sanctioned with imprisonment of three to five years. The organizers, bosses, leaders or leaders,
They will be punished with imprisonment from six to nine years.

Temporary or temporary groups, associations or organizations will be considered illegal.
permanent, of two or more people who have some degree of organization, whose objective or
one of them is the commission of crimes, as well as those that carry out acts or use means
violent for the entry of its members, permanence or exit of the same.

Page 98

If the author or participant were a public authority, agent of authority, official or employee
public, the penalty will be aggravated up to a third of the maximum and absolute disqualification of the
charge, for equal time.
Those who promote, cooperate, facilitate or favor the formation or permanence of the
group, association or illegal organization, will be punished with a penalty of one to three
years in prison.
The proposition and conspiracy to commit this crime will be punished with imprisonment of six
months to two years. . (13) (18) (21)
ILLEGAL USE OR OCCUPATION OF PROPERTY
Art. 345-A.- The use or occupation of real estate, uninhabited places or
abandoned, in order to carry out the behaviors described in the previous article, they will be
punishable by imprisonment of one to three years. (twenty-one)
POSSESSION, CARRYING OR CONDUCT OF WEAPONS OF WAR
Art. 346.- The possession, carrying or conduction of one or more weapons of war will be sanctioned.
with a prison term of four to ten years. (5) (18)
Whoever establishes a deposit of weapons of war or ammunition not authorized by law or by
competent authority, will be punished with imprisonment from five to fifteen years. It will be understood by
arms depot the gathering of three or more, whatever their model or class, even
when they are in disassembled parts. (18)
Mechanical, electronic instruments,
thermonuclear, chemical or other kinds, assigned to the armed forces to the police or
whose possession, carrying or driving is not allowed to individuals, according to the law
respective.
ILLEGAL MANUFACTURE, CARRYING, POSSESSION OR TRADE IN FIREARMS OR
HOMEMADE OR HANDMADE EXPLOSIVES. (5)
Art. 346.-A.- Whoever illegitimately manufactures, carries, possesses or trades firearms
or homemade or handmade explosives, such as blunderbusses, shotguns or those that through the
use of rim or center percussion cartridges propel projectiles through a
smooth or scratched sheet, through the expansion of gases produced by the combustion of
explosive materials, solids, gunpowder or other flammable material contained in the cartridges,
He will be punished with a prison term of four to eight years. (5) (18)
UNLAWFUL OR IRRESPONSIBLE POSSESSION, CARRYING OR CONDUCT OF WEAPONS
FIRE (13) (27)
Art. 346-B.- Anyone who performs any of the
following behaviors: (13) (27)

a) Whoever owns, carries or drives a firearm without a license for its use or
corresponding registration of the competent authority; (27)

Page 99

b) Whoever carries a firearm in legally prohibited places, in a state of
drunk or under the influence of psychotropic substances; (27)
c) Anyone who delivers or provides a firearm to minors, without exercising
surveillance, or take the necessary security measures, or outside the places and cases
permitted by law (27)

If the holder, carrier or driver repeats or has a valid criminal record, it will be
sanctioned with imprisonment of five to eight years. (13) (27)
EMPLOYMENT, DEVELOPMENT, PRODUCTION, ACQUISITION, STORAGE,
CONSERVATION OR TRANSFER OF ANTI-PERSONAL MINES. (24)
Art. 346-C.- Anyone who employs, develops, produces, acquires, stores, conserves or
transfers one or more antipersonnel mines, will be punished with imprisonment of five to ten years.
(24)
Anyone who induces or helps another to
participate with any of the behaviors indicated in the previous paragraph. (24)
Notwithstanding the provisions of the preceding paragraphs, the Armed Forces is authorized to retain or
transfer a minimum amount of antipersonnel mines, necessary for the development of
detection, cleaning or destruction techniques and training. (24)
The transfer of antipersonnel mines is authorized for the purpose of their destruction.
The Regulation of the Law of Control and Regulation of Firearms, Ammunition, Explosives and
Similar articles will regulate the procedure for this. (24)
An antipersonnel mine is understood to be any explosive device designed to be placed
below, on or near the surface of the ground or any other surface and designed to
explode by the presence, proximity or contact of a person and incapacitate, injure
or kill one or more people (24)
For the application of this article, the provisions of the Convention on the
Prohibition of the Use, Storage, Production and Transfer of Antipersonnel Mines and
on its destruction, on September 18, 1997. (24)
ILLEGAL TRADE AND DEPOSIT OF ARMS
Art. 347.- Whoever without authorization engages in the trade in weapons or other effects, the use of which
is regulated by law or has storage or manufacture of weapons will be sanctioned with
prison from five to fifteen years. (18)
Regulated firearms deposit shall be considered to be the gathering of five or more of said
weapons, even when they are in disassembled parts.
PUBLIC DISORDERS
Art. 348.- When two or more people alter public order by obstructing the roads
public or access to them for those who circulate through them or preventing them from free
circulation or transit, or invading facilities or buildings, will be punished with imprisonment of
two to four years. (11) (18) (21) (40)

Page 100

When the events were carried out or instigated by a public official or employee,
public authority or agent of authority shall apply in addition to the prison sentence the
special disqualification from suspension of the position or employment for the same time. (11) (18) (21) (40)
PUBLIC DISORDERS AGGRAVATED (40)
Art. 348 -A. - The penalty will be four to eight years in prison: (40)

to. If the facts described in the previous article hinder or prevent the
next: (40)
1) The holding or normal development of a judicial hearing or access to
a court, tribunal or judicial center. (40)
2) Public acts performed by an official in the development of his duties
attributions. (40)
3) The normal development of activities inside public facilities
or private. (40)
4) The celebration of sporting, artistic or cultural shows. (40)
5) The exercise of the right to vote. (40)
6) The assistance of health services to people in public institutions or
private. (40)
b. When the behaviors described in this article are carried out by covering the face; or
carrying sharp, pointed, sharp or blunt weapons; as well as objects or
pyrotechnic or flammable substances. (40)
When the events were carried out or instigated by a public official or employee,
public authority or agent of authority shall apply in addition to the aforementioned prison sentence, the
special disqualification from suspension of the position or employment for the same time. (40)
To the organizers, bosses, leaders or ringleaders, the sanction will be increased by up to a third
part of the maximum indicated. (40)
APOLOGY OF THE CRIME
Art. 349.- Anyone who publicly apologizes for a fraudulent common crime will be punished.
with imprisonment from six months to two years.

TITLE XVIII
CRIMES RELATING TO THE EXISTENCE, SECURITY AND ORGANIZATION OF THE STATE
SINGLE CHAPTER

Page 101

ATTACKS AGAINST THE INTEGRITY AND EXISTENCE OF THE STATE
Art. 350.- Whoever executes acts aimed at submitting the territory of the State of El Salvador or a
of its parts to the sovereignty of a foreign State or to suppress or impair its
independence, except as prescribed in Article 85 of the Constitution of the Republic, will be
sanctioned with prison of ten to twenty years.
ATTACKS AGAINST THE NATIONAL UNITY
Article 351.- Whoever executes direct acts aimed at dissolving the unity of the State in its
territorial or constitutional integrity, will be punished with imprisonment from six to twelve years, except
prescribed in Article 89 of the Constitution of the Republic.
TREASON
Article 352.- The Salvadoran or foreigner who performs any job, position or function
public or technical, who will take arms against El Salvador under the enemy flag, will join their
enemies or provide them with any assistance of a political, military, technical, economic,
propaganda or of any other nature or carry out commerce that favors or facilitates the ends or
military capacity of a State that is at war with El Salvador, will be sanctioned with
imprisonment from fifteen to twenty-five years.
What has been said in the previous paragraph will apply to the foreigner who is in the country in the performance
of a job, position or public or technical function at the service of international organizations, which
I will perform any of the acts mentioned there.
INTELLIGENCE WITH A FOREIGN STATE
Art. 353.- The Salvadoran or foreigner who, being in the circumstances referred to in the
previous article, be put in relation or intelligence with a foreign State in order to
declare war or hostile acts are carried out against the Salvadoran State or carry out other
facts directed to the same end, if by virtue of such facts war occurs, it will be
punished with imprisonment from fifteen to twenty-five years; if only hostile acts result, with prison
from ten to fifteen years and if war or hostile acts do not occur, with imprisonment from five to ten
years.
PROVOCATION OF WAR, RETALIATION OR INTERNATIONAL ENEMY
Art. 354.- Anyone who carries out recruitment or other hostile acts in Salvadoran territory against a
Foreign state so that it expands the Salvadoran state to the danger of a war, it will be
sanctioned with imprisonment of five to ten years and if the war occurs, with imprisonment of ten to
fifteen years.
If the acts provided for in the preceding paragraph give rise to a disturbance of relationships
friendly relations of the Salvadoran government with a foreign government or a serious disturbance of the
internal order of the country or expose the State of El Salvador, its inhabitants or
Salvadorans living abroad, to the danger of reprisals or acts of hostility or of
vexation, the prison will be from three to seven years; and if the breakdown of diplomatic relations continues
or retaliation or acts of hostility or humiliation are carried out, the sanction will be from five to twelve
years in prison.
DISCLOSURE OF STATE SECRETS

Page 102

Article 355.- Anyone who reveals political or military secrets related to the security of the State or
I will facilitate its disclosure, it will be sanctioned with imprisonment of two to six years.
The penalty will be increased by up to a third of the maximum indicated, if the person responsible
has known the secrets by virtue of his character as an official or if he has used
violence or fraud to obtain such knowledge.
ESPIONAGE
Article 356.- The Salvadoran, the one who has been and has lost such quality and the foreigner who
He owes obedience to the Republic of El Salvador because of his employment, position, public function or
technique, which in peacetime places itself at the service of a foreign nation or its agents
in order to supply them with information on political, diplomatic or military secrets of the State,
He will be punished with a prison term of eight to twenty years. If the Salvadoran were an employee or
public official, the sanction may be increased by up to one third of the maximum
indicated.
In the case of a foreigner who is not in the aforementioned circumstances, the sanction will be
four to ten years in prison.
SABOTAGE
Art. 357.- He who for the purpose of sabotage and in time of war, of serious disorder of order
public or national calamity, destroy or render useless in whole or in part, even if
temporarily, the means of attack, defense, communication, transport, provisioning,
depot or other military works or that without being it were at the service of the armed forces or the
public security of the State, will be punished with imprisonment of five to ten years.
Sabotage will be punished with a prison term of ten to twenty years, if it has been committed in the interests of
of a State at war with the Salvadoran State and if the fact has compromised the
preparation or the warlike effectiveness of the latter or its military operations.
If the indicated acts are carried out in normal time and directly affect the capacity
national warfare, the penalty will be one to three years in prison.
INFIDELITY IN STATE BUSINESSES
Article 358.- Whoever , commissioned by the Salvadoran Government to deal with foreign affairs
State, deviates from the instructions received and the fact will seriously damage the
national interest, will be sanctioned with imprisonment of one to three years and special disqualification of
employment, profession or trade for the same term.
VIOLATION OF TREATIES, TREGUES, ARMISTICIES, OR SAFEGUARDS
Article 359.- Whoever violates the treaties entered into with foreign States, truces or
armistices agreed between El Salvador and an enemy State or between its belligerent forces or
the duly issued safe-conducts, will be punished with imprisonment from one to three years and
special disqualification from office, occupation, profession or trade for the same term.
VIOLATION OF DIPLOMATIC IMMUNITIES

Page 103

Art. 360.- Anyone who violates personal immunities or the domicile of the Head of a State
foreigner on an official visit or the members of a Mission of a foreign State, it will be
sanctioned with two to four years' imprisonment.

TITLE XIX
CRIMES AGAINST HUMANITY
SINGLE CHAPTER

GENOCIDE
Article 361.- Whoever, with the purpose of partially or totally destroying a certain human group,
by reason of his nationality, race or religion, commit homicides or cause harm
physical or psychic to members of the group or subject them to conditions that make it difficult to
subsistence or impose measures to prevent their reproduction or carry out the
violent displacement of people to other groups, will be punished with imprisonment from ten to
twenty five years.
The penalty may be increased to thirty years if the person directly responsible for any act
genocide is a civil or military official.
Proposal and conspiracy for acts of genocide will be punished with imprisonment for six
to twelve years; and public incitement to commit genocide, will be punished with imprisonment of
four to eight years.
VIOLATION OF LAWS OR CUSTOMS OF WAR
Article 362.- Whoever, during an international or civil war, violates international laws or
customs of war or in any way cause mental or bodily harm,
deportation for forced labor of the civilian population in occupied territory, mistreatment of
prisoners of war, death of hostages, looting of private or public property, destruction
unnecessary cities or towns or devastation not justified by military needs, it will be
sanctioned with imprisonment from five to twenty years.
VIOLATION OF THE DUTIES OF HUMANITY
Article 363.- The civilian not subject to military jurisdiction, who violates the duties of humanity with the
prisoners or hostages of war or wounded as a result of it, or with those who were
in hospitals or places intended for the wounded and whoever commits any inhuman act
against the civilian population, before, during or after actions of war, will be sanctioned with
prison from five to twenty years.
FORCED DISAPPEARANCE OF PEOPLE
Article 364.- The public official or employee, agent of authority or public authority, who
legally or illegally detains a person and does not give reasons about their whereabouts, it will be
sanctioned with imprisonment of four to eight years and absolute disqualification from the position or employment
respective for the same term

Page 104

FORCED DISAPPEARANCE COMMITTED BY INDIVIDUAL
Art. 365.- The one who performs the conduct described in the previous article, having received orders
or instructions of a public official or employee, agent of authority or public authority, will be
sanctioned with imprisonment from three to six years and a fine of one hundred and eighty to two hundred days fine.
DISAPPEARANCE OF PERSONS GUILT ALLOWED
Art. 366.- Anyone who through fault allows another to commit the crime of forced disappearance of
persons, will be punished with a penalty of two to four years in prison, a fine of one hundred to one hundred
eighty days fine. If he is a public official or employee, agent of authority or authority
In addition, disqualification for the exercise of the respective position or employment will be imposed on him by
same term.
TRADE IN PEOPLE
Art. 367.- Anyone who, by himself or as a member of an international organization, will dedicate himself to
trade in people for any purpose, will be punished with imprisonment from four to eight years.
If the trade is carried out with Salvadoran women or children, the penalty may be increased
up to a third of the maximum indicated.
ILLEGAL TRAFFICKING OF PEOPLE
Art. 367-A.- The person who by himself or through another or others, in contravention of the law,
I will try to introduce or introduce foreigners to the national territory, the shelter, transport or guide,
with the purpose of evading the immigration controls of the country or other countries, will be sanctioned with
imprisonment for four to eight years. (16)
With the same penalty, the person who shelters, transports or guides nationals with the
purpose of evading the immigration controls of the country or other countries. (16)
The same sanction shall be incurred by persons who with false or fraudulent documentation try to
make or force Salvadorans or citizens of any other nationality to leave the country; or the
that use authentic documentation, whose owner is another person. (16)
If, as a consequence of the commission of this crime, taxpayers suffer deprivation of
freedom abroad, are victims of crimes of any kind or die from causes
violent, or of a culpable nature, the penalty will be increased by two thirds. (16)
TRAFFICKING IN PERSONS (19)
Art. 367-B.- He who by himself or as a member of a national or international organization with the
purpose of obtaining an economic benefit recruit, transport, transfer, host or receive
people, inside or outside the national territory, to carry out any exploitation activity
sex, keep them in forced labor or services, in practices analogous to slavery, or
for the removal of organs, fraudulent adoptions or the celebration of forced marriages,
He will be punished with a penalty of four to eight years in prison. (19)
REPEALED. (19) (23)
Anyone who facilitates, promotes or favors any of the above activities will be
punished with a penalty of three to six years in prison. (19)

Page 105

When the actions described are carried out in commercial premises or of any nature
that requires permission from the competent authority, it must revoke it proceeding to the closing
immediate of it. (19)
AGGRAVATING TO THE CRIME OF TRAFFICKING IN PERSONS (23)
Art. 367-C.- The crime referred to in Art. 367-B of this Code, will be punished with the
corresponding maximum penalty increased by up to a third of the maximum and disqualification
of the exercise of their profession during the term of the sentence, in the following cases: (23)

1.- If it is carried out by officials, public and municipal employees, authority
public, agent of authority and agents of the National Civil Police. (2. 3)
2.- When the victim is under eighteen years of age or incapable. (2. 3)
3.- If it is carried out by people prevailing over the superiority originated by
relationships of trust, domestic, educational, work or any other relationship. (2. 3)
4.- If, as a consequence of the commission of the previous crime, the taxpayers suffer
deprivation of liberty abroad, were victims of crimes of any order or
die due to causes of a malicious or culpable nature. (2. 3)

TITLE XX
CRIMES OF INTERNATIONAL CHARACTER
SINGLE CHAPTER

PIRACY
Art. 368.- The following will be punished with imprisonment from five to fifteen years:

1) Whoever commits on the high seas, in the adjacent sea or on the continental shelf,
predatory or violent acts against a ship or against people or things in it
meet;
2) Whoever seizes any ship or what belongs to its equipment, cargo or
luggage, through fraud or violence committed against its commander;
3) Whoever, on his own account or for someone else, equates a ship destined for piracy; Y,
4) Whoever violently deviates a ship or makes it deviate to a place other than its
destination.

Page 106

Anyone who knowingly trades with pirates or supplies them with aid, will be considered as
co-author.
If the aforementioned acts of violence or hostility cause the death of
any person found in the attacked ship or said acts were intended to demand
rescue, the sanction will be increased up to half of the maximum indicated.
AIR PIRACY
Art. 369.- The same sanction established for the cases provided for in numbers 2 and
4 of the previous article, when the events are carried out in aircraft, either within the space
domestic air or outside it.
INTERNATIONAL CRIMINAL ORGANIZATIONS
Art. 370.- Those who direct or form part of international organizations,
engaged in trafficking in slaves, trading in people or carrying out acts of air piracy
or violate provisions of the treaties approved by El Salvador to protect the
human rights, will be punished with imprisonment of five to fifteen years.

BOOK THREE
SPECIAL PART
FOULS AND THEIR PENALTIES
TITLE I
GENERAL DISPOSITION

APPLICATION RULES
Art. 371.- The provisions contained in the First Book of this
Code with the following modifications:

1) The criminal law will only apply to offenses committed in national territory;
2) Faults will only be penalized if they are consummated;
3) Only the authors will respond to the faults; Y,
4) The penalties that may be imposed for misdemeanors are: weekend arrest,
house arrest, the provision of public utility work and the fine.

Page 107

JUDICIAL FORGIVENESS
Art. 372.- The judge may pardon the person who commits for the first time
a fault, after a warning by the judging authority.
The judicial pardon extinguishes the sentence, it cannot be conditional or to term and it will only be granted
once for the same subject.

TITLE II
CHAPTER I
FAULTS RELATED TO LIFE, INTEGRITY AND PERSONAL FREEDOM

ILLEGAL SALE OF ABORTIVES
Art. 373.- Anyone who illegally sells or in any way supplies other substances or
products that serve especially to cause abortions, will be sanctioned with the arrest of
fifteen to twenty-five weekends and ten to thirty days fine.
ABORTIVE MEDIA ANNOUNCEMENT
Art. 374.- Whoever openly or veiled announces procedures, medications, substances and
objects intended to cause abortions, will be punished with a ten to thirty day fine.
INJURIES AND HITS
Art. 375.- Anyone who by any means causes other damage to his health, which undermines his
personal integrity, which causes the inability to attend to their ordinary occupations or
sick for a period of less than five days, or that I will need medical assistance equally
time, he will be punished with arrest from fifteen to twenty-five weekends. (3. 4)
If only the victim had been beaten and the injuries did not prevent him from devoting himself to his occupations
nor require medical assistance, will be punished with arrest from five to ten late
week or five to ten days fine.
MILD THREATS
Art. 376.- He who by word or deed and in the heat of anger threatens another with causing him harm
whether or not it constitutes a crime, will be punished with a penalty of fifteen to thirty days of arrest
domiciliary.

CHAPTER II
FAULTS RELATED TO THE PREVENTION OF CRIMES AGAINST LIFE AND
PERSONAL INTEGRITY

Page 108

ILLEGAL CARRYING OF WEAPONS
Art. 377.- REPEALED ARTICLE. (13)
HAZARDOUS EXPLOSIONS. (17)
Art. 378.- The following will be sanctioned with a ten to thirty day fine:

1) REPEALED (17)
2) Whoever endangers the personal integrity of another, burns fireworks,
I will launch rockets, mortars, bombs or any object propelled by the combustion of
gunpowder or in general makes other dangerous or uncomfortable explosions in a public place
haunted.

CHAPTER III
EQUITY-RELATED FOULS

THEFT
Art. 379.- He who commits theft, if the value of the stolen thing does not exceed or is equal to two hundred
colones, will be punished with arrest from ten to twenty weekends and ten to twenty days
penalty fee. (9)
SWINDLE
Art. 380.- He who commits fraud, if the value of the fraud does not exceed or is equal to
two hundred colones, will be punished with arrest from ten to twenty weekends and from ten to
twenty days fine. (9)
DAMAGE
Art. 381.- Whoever commits damage, when the damage does not exceed or is equal to two hundred
colones, will be sanctioned with fifteen to twenty weekly working days of public utility
and a fine from ten to twenty days. (eleven)
IRREGULAR APPROPRIATION
Art. 382.- The following will be sanctioned with a ten to twenty day fine:

1) Whoever appropriates a lost movable thing, without complying with the requirements that
mandates the law; Y,

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2) Whoever appropriates all or part of a treasure without complying with the duty of
deliver it to whom it may concern.

UNEXCUSED HOLDING OF PROFITS OR FALSE KEYS
Art. 383.- Whoever has in his possession altered or false keys or instruments suitable for opening or
forcing locks, and not justifying their possession, will be sanctioned with a ten to twenty day fine.
MANUFACTURE, SALE OR DELIVERY OF KEYS OR PROFITS
Art. 384.- Whoever makes, sells or delivers to another lock picks or known instruments
suitable for the execution of crimes against property, will be punished with ten to twenty days
penalty fee.
SALE OR DELIVERY OF INSTRUMENTS SUITABLE TO OPEN LOCKS
Art. 385.- Whoever makes or sells keys of any kind made on wax molds or
of other designs or models, without the written authorization or identification of the person who ordered them,
It will be sanctioned with a ten to twenty day fine.
IMPROPER OPENING OF LOCKS
Art. 386.- Whoever opens locks of any kind, at the request of a person, without
make sure in advance that the applicant is the owner of the premises or thing to be opened or
his legitimate representative will be sanctioned with a ten to twenty day fine.
ACQUISITION OF THINGS OF SUSPICIOUS ORIGIN
Art. 387.- REPEALED. (9)
OBJECTS OF ILLEGITIMATE ORIGIN
Art. 388.- He who after receiving money or buying or having procured objects
from a crime, he knows that they are of illegitimate origin and will not communicate it to the
authority, will be sanctioned with ten to thirty weekly working days of public utility.

CHAPTER IV
FAULTS RELATED TO THE FAMILY, GOOD CUSTOMS AND PUBLIC DECOR

BREACH OF MORAL ASSISTANCE DUTIES
Art. 389.- The following will be sanctioned with a ten to twenty day fine:

Page 110

1) Parents or guardians who fail, without just cause, to provide basic education
of the school-age child or ward; Y,
2) REPEALED. (19)

UNDUE SUPPLY OF ALCOHOLIC BEVERAGES
Art. 390.- REPEALED. (19)
UNDUE SUPPLY OF INDUSTRIAL OR PHARMACEUTICAL PRODUCTS
Article 391.- Whoever supplies or sells industrial products to minors under eighteen years of age
or pharmaceuticals that emit toxic gases or vapors that when inhaled or ingested
produce disorders in the conduct of the minor or damage to his health, he will be sanctioned with ten to
thirty days fine.
ACTS CONTRARY TO GOOD CUSTOMS AND PUBLIC DECOR
Art. 392.- The following will be sanctioned with a ten to thirty day fine:

1) Anyone who undresses or bathes naked in a public place;
2) Anyone who, in a public place or exposed to the sight of others, offends decency
public through obscene words, gestures, attitudes, signs or songs; (19)
3) Whoever writes words or draws pictures in a public place or with access to the public
indecent on walls, bathrooms, pedestals or any other object located
permanently in such places;
4) The one who taking advantage of public crowds or the carelessness of those who travel
in the streets or public places, I will perform indecent touching;
5) REPEALED; (19)
6) The one that allows entry to minors under eighteen years of age, to functions
cinematographic or theatrical, when such entry is prohibited by the authority
respective and notice of the case has been given. Such a fault must understand who
allow entry and the one who knowingly takes the minor with him; Y
7) REPEALED (19)

CHAPTER V
FAULTS RELATING TO ORDER AND PUBLIC TRANQUILITY

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INOBSERVANCE OF THE PROVIDENCES OF THE AUTHORITY
Article 393.- He who does not observe any provision legally imposed by the authority or by
reasons of security or public order, will be sanctioned with a fifteen to thirty day fine.
MISUSE OF BADGE OR AWARD
Art. 394.- Anyone who improperly uses an insignia, distinctive or decoration that is
officially regulated, it will be sanctioned with a fifty to one hundred day fine. (13)
DISTURBANCE OF THE PLACES WHERE PUBLIC FUNCTIONS ARE PERFORMED
Art. 395.- Anyone who seriously disturbs order in the legislative body's session hall,
in court hearings or wherever a public official is
exercising his functions, he will be sanctioned with a ten to twenty day fine.
LESS PRICE OF THE NATIONAL SYMBOLS
Art. 396.- Anyone who publicly disparages the State Flag, Shield or Anthem.
Salvadoran, will be sanctioned with a ten to twenty day fine.
DISTURBANCE OF PUBLIC OR PRIVATE TRANQUILITY
Art. 397.- The following will be sanctioned with a five to thirty day fine:

1) Whoever, in order to sell or distribute writings, will loudly announce false news
that do not appear in the writings by which the tranquility can be disturbed
public;
2) He who announces disasters, accidents or non-existent dangers, will raise alarm
between authorities or private persons;
3) The one who through noise or racket or abusing sound instruments or signals
acoustics, disturb the occupations or the rest of the people, the shows, the
gatherings or public entertainment;
4) Whoever, in a public place or open to the public, promotes or takes part in any
kind of gambling that is not permitted by law, regulation or ordinance; Y,
5) Whoever, in a state of drunkenness or drug addiction, disturbs the tranquility of the
people, cause scandal or endanger your safety or that of others.

HAZARD TO THE SAFETY OF PEOPLE
Art. 398.- It will be sanctioned with ten to forty days fine:

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1) He who, in breach of the obligation to do so, will stop placing the signs that
indicate danger to people, in places of public transit or remove, deteriorate or
destroy the signals or devices intended for the transit service;
2) Whoever in a public place throws objects or spills substances that could cause dirt,
disturb or injure people; Y,
3) Whoever whips or releases an animal with obvious carelessness, even when it is not
causes injury or damage to another person.

CHAPTER VI
FAULTS RELATING TO RESPECT FOR THE DECEASED

GRAVE VIOLATION
Art. 399.- Whoever violates the grave or grave will be punished with twenty to forty days
weekly work of public utility.
DEFANCING OF GRAVES
Art. 400.- Anyone who desecrates a tomb or grave or objects of any kind intended for worship
of the deceased, will be punished with twenty to forty weekly working days of utility
public.
LESS PRICE OF DEAD
Article 401.- Anyone who commits acts of contempt on a corpse or its remains will be
sanctioned with twenty to forty weekly working days of public utility.
DISTURBANCE OF A FUNERAL OR FUNERAL SERVICE
Art. 402.- Anyone who prevents or disturbs a funeral or a funeral service will be sanctioned with
ten to twenty days fine.
SUBTRACTION OR SEIZURE OF CADAVERES
Art. 403.- Whoever steals or seizes the corpse of a person or his remains, will be
sanctioned with ten to fifty days fine and ten to twenty weekly working days
of public utility.

FINAL TITLE
TRANSITORY DISPOSITIONS

Page 113

PENDING PROCESSES
Art. 404.- In processes pending on the date this Code enters into force, for
crimes committed prior to it, the following rules will be observed:

1) The judges who are hearing cases instructed by facts that in the
previous criminal legislation would have been classified as a crime or misdemeanor and have no
penalty indicated in this Code, will be dismissed in the procedure, will order that the
detained indictees are immediately released without the need for bail or
arrest warrants will be raised, also without bail, in the case of a defendant or
convicted absent;
2) The Chambers of Second Instance that for any reason are hearing
of the facts referred to in the previous paragraph, they will also issue a writ of
dismissal and will order the immediate release of the accused prisoner or the lifting
arrest warrants, if applicable; Y,
3) The Criminal Cassation Chamber that is hearing the appeal
filed in one of the processes referred to in this article, will dismiss
immediately in the procedure and will order the release of the accused or lift the
arrest warrants in your case.

The provisions referred to in this article will still be issued ex officio.
EXECUTED JUDGMENTS
Art. 405.- In processes in which a final conviction has already been passed.
executed, the following rules will be observed:

1) If the conviction was for an act considered a crime by the legislation
above and that this Code does not sanction as such, the immediate release of the
detained, who will enjoy the right to rehabilitation; Y,
2) If the sentence is deprivation of liberty for a time greater than the maximum that this
Code indicates for the same crime, the substitution of the penalty imposed by
the one that this Code establishes as a maximum or will proceed according to the forms
substitutes for the execution of custodial sentences.

In all cases, the judge will still proceed ex officio and the resolution will be subject to appeal.
SPECIAL REGIME FOR MINORS
Art. 406.- In pending processes or in which a final judgment has already been passed.
conviction executed, if the accused at the time of the crime had been greater than
sixteen years and under eighteen, the judges or courts that are hearing of such

Page 114

processes when this Code enters into force, the defendants processed or sentenced will be sent to the
order of the corresponding court, together with the respective processes.
MORE FAVORABLE LAW
Art. 407.- All persons who were prosecuted for crimes or misdemeanors on the date on which
this Code enters into force, they will enjoy the benefit of having the provisions
more favorable contained in this ordinance or in the repealed.

FINAL DISPOSITION

REPEAL
Art. 408.- The Criminal Code in force, approved by Legislative Decree No. 270, dated
February 13, 1973, published in Official Gazette No. 63, Volume 238, dated March 30,
same year and all its reforms, as well as the laws and other legal precepts contained in
other ordinances that in any way contradict or oppose the provisions of the
this Code.
VALIDITY
Art. 409.- This Code shall enter into force on April 20, nineteen hundred.
ninety-eight. (two)
GIVEN IN THE BLUE ROOM OF THE LEGISLATIVE PALACE: San Salvador, on the twenty-sixth day
of the month of April of one thousand nine hundred and ninety-seven.

MERCEDES GLORIA SALGUERO GROSS,
CHAIRWOMAN.
ANA GUADALUPE MARTINEZ MENENDEZ,
VICE PRESIDENT.
ALFONSO ARISTIDES ALVARENGA,
VICE PRESIDENT.
JOSE RAFAEL MACHUCA ZELAYA,
VICE PRESIDENT.
JULIO ANTONIO GAMERO QUINTANILLA,
VICE PRESIDENT.
JOSE EDUARDO SANCHO CASTAÑEDA,

Page 115

SECRETARY.
GUSTAVO ROGELIO SALINAS OLMEDO,
SECRETARY.
CARMEN ELENA CALDERON DE ESCALON,
SECRETARY
WALTER RENE ARAUJO MORALES,
SECRETARY.
RENE MARIO FIGUEROA FIGUEROA,
SECRETARY.

PRESIDENTIAL HOUSE: San Salvador, on the thirtieth day of April, nineteen hundred
Ninety-seven.

BE PUBLISHED,
ARMANDO CALDERON SOL,
Republic President.
RUBEN ANTONIO MEJIA PEÑA,
Justice minister.

REFORMS:
(1) DL N ° 193, of December 17, 1997, published in OJ N ° 240, Volume 337, of December 23,
December 1997.
(2) DL N ° 205, of January 8, 1998, published in DO N ° 5, Volume 338, of January 9,
1998.
(3) DL N ° 235, of March 2, 1998, published in DO N ° 131, Volume 340, of July 15
1998.
(4) DL N ° 345, of July 2, 1998, published in DO N ° 143, Volume 340, of July 30,
1998.

Page 116

(5) DL N ° 378, of August 13, 1998, published in DO N ° 156, Volume 340, of August 25,
August 1998.
(6) DL No. 425, of September 24, 1998, published in DO. No. 198, Volume 341, of September 23,
October 1998.
(7) DL N ° 441, of October 8, 1998, published in DO N ° 206, Volume 341, of October 5,
November 1998.
(8) DL N ° 471, of November 5, 1998, published in DO N ° 208, Volume 341, of November 9,
November 1998. * NOTE.
* BEGINNING OF NOTE: THE PREVIOUS DECREE TEMPORARILY REFORMS ACCORDING TO
ARTICLE 2 OF DL N ° 471, OF NOVEMBER 5, 1 998, PUBLISHED IN DO N °
208, VOLUME 341, OF NOVEMBER 9, 1998; SAID ARTICLE IS TRANSCRIBED
TEXTUALLY BELOW:
Art. 2.- They are temporarily reformed for a period of 90 days, counted from the effective date.
of this Decree, the Penal Code in the articles relating to the following crimes:
hoarding, Art. 233, sale at a higher price, Art. 234, use of altered weights or measures,
Art. 235, false propagation, Art. 237 and illicit sale, Art. 240.
END OF NOTE.
(9) DL N ° 642, of June 17, 1999, published in DO N ° 128, Volume 344, of July 9
from 1999.
(10) DL N ° 650, of July 1, 1999, published in DO N ° 129, Volume 344, of July 12
from 1999.
(11) DL N ° 703, of September 9, 1999, published in OJ N ° 183, Volume 345, of September 4,
October 1999.
(12) DL N ° 740, of October 22, 1999, published in OJ N ° 223, Volume 345, of October 30,
November 1999.
(13) DL N ° 280, of February 8, 2001, published in DO N ° 32, Volume 350, of February 13,
February 2001.
(14) DL N ° 297, of February 12, 2001, published in OJ N ° 40, Volume 350, of February 23,
February 2001.
(15) DL N ° 486, of July 18, 2001, published in DO N ° 144, Volume 352, of July 31
2001.
(16) DL N ° 568, of October 4, 2001, published in DO N ° 193, Volume 353, of October 12,
October 2001.
(17) DL N ° 883, of June 27, 2002, published in DO N ° 134, Volume 356, of July 19
from 2002.

Page 117

(18) DL N ° 121, of September 4, 2003, published in DO N ° 198, Volume 361, of 24
October 2003.
(19) DL N ° 210, of November 25, 2003, published in DO N ° 4, volume 362, of
January 2004.
(20) DL N ° 131, of September 18, 2003, published in OJ N ° 11, Volume 362, 19 of
January 2004.
(21) DL N ° 393, of July 28, 2004, published in DO N ° 143, Volume 364, of July 30
from 2004.
(22) DL N ° 373, of July 8, 2004, published in DO N ° 157, Volume 364, of July 26,
August 2004.
(23) DL N ° 457, of October 7, 2004, published in OJ N ° 207, Volume 365, of October
November 2004.
(24) DL N ° 471, of October 14, 2004, published in DO 217, Volume 365, of October 22,
November 2004.
(25) DL N ° 487, of October 27, 2004, published in DO N ° 217, Volume 365, of October 22,
November 2004.
(26) DL N ° 499, of October 28, 2004, published in OJ N ° 217, Volume 365, of October 22,
November 2004.
(27) DL No. 620, of February 24, 2005, published in DO No. 67, Volume 367, of February 12,
April 2005.
(28) DL No. 625, of March 03, 2005, published in DO No. 71, Volume 367, of March 18,
April 2005.
(29) DL No. 528, of November 26, 2004, published in DO No. 240, Volume 365, of 23
December 2004.
(30) DL No. 914, of December 14, 2005, published in DO No. 8, Volume 370, of December 12,
January 2006.
(31) DL Nº 957, of February 08, 2006, published in DO Nº 28, Volume 370, of
February 2006.
(32) DL No. 1031, of April 26, 2006, published in DO No. 95, Volume 371, of April 25,
May 2006.
(33) DL No. 83, of August 25, 2006, published in DO No. 171, Volume 372, of August 14,
September 2006.
(34) DL Nº 93, of September 25, 2006, published in DO Nº 187, Volume 373, of 09
October 2006.

Page 118

(35) DL No. 108, of September 21, 2006, published in OJ No. 193, Volume No. 373
of October 17, 2006.
(36) DL No. 134, of November 1, 2006, published in OJ No. 223, Volume No. 373
of November 29, 2006.
(37) DL No. 190, of December 20, 2006, published in DO No. 13, Volume No. 374 of
January 22, 2007 .
(38) DL No. 245, of March 12, 2007, published in OJ No. 55, Volume No. 374 of 21
March 2007.
(39) DL No. 296, of April 26, 2007, published in OJ No. 91, Volume No. 375 of April 22,
May 2007.
(40) Legislative Decree No. 385, dated August 16, 2007, published in the Official Gazette
No. 163, Volume 376 dated September 5, 2007.
(41) Legislative Decree No. 503 dated December 6, 2007, published in the Official Gazette
No. 1, Volume 378 dated January 3, 2008.
(42) Legislative Decree No. 617 dated April 30, 2008, published in the Official Gazette No.
100, Volume 379 dated April 30, 2008.
(43) Legislative Decree No. 676 dated July 10, 2008, published in the Official Gazette No.
148, Volume 380 dated August 12, 2008.
(44) Legislative Decree No. 745 dated November 5, 2008, published in the Diario
Official No. 222, Volume 381 dated November 25, 2008.

