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E NTERPRISE N ATIONAL A RTES G RÁFICAS
ENAG

FRIDAY, MAY 10, 2019. NUM. 34,940

YEAR CXL I TEGUCIGALPA, MDC, HONDURAS, CA

Section A
SUMMARY

Legislative power

Section A
Decrees and Agreements
LEGISLATIVE POWER
Decree No. 130-2017 CODE
PENAL

DECREE No. 130-2017

THE NATIONAL CONGRESS,

A. 1-140

SECRETARY OF
GOVERNMENT, JUSTICE AND
DECENTRALIZATION
Agreement No. 212-2018

CONSIDERING: That in the last thirty (30) years
we have experienced alterations in social behavior,
specifically in criminal conduct that are attributable,

A. 141

EXECUTIVE POWER
Executive Decree number 005-2019
Section b
Legal notices
Detachable for your comfort

among other factors, the development of the activity of
commercial and cultural exchange worldwide, the domain
of advanced technologies, particularly those related to

A.141-144
B. 1 - 16

information technology and telecommunications, the opportunities
generates the socioeconomic evolution of the peoples associated
to political and commercial openness, which generate results and

intellectual who act in an organized way and have

positive habits and also negative results and habits,

technical and economic resources.

many of the latter manifested in the appearance of
CONSIDERING: That the current Penal Code was

new criminal figures.

approved by Decree No. 144-1983, dated February 23,
CONSIDERING: That the manifestations of the
criminal anthropology in the last thirty (30) years, has
past of a "culture" of common crime, towards forms
more complex criminal offenses where they become more severe

August 1983 has undergone an extensive reform process
that began as soon as their vacatio legis had elapsed and that reached
legislative interventions adding or repealing more than
370 articles, most of these reforms have been given to
cope with the new forms of crime and the new

damages to victims but fundamentally more

criminal profiles, in essence the reforms introduced

harmful to society, where organized crime

have been motivated by the greatest social reproach and the need

has come to pose challenges in the institutional framework of the

consequent of incorporating new criminal figures, more

State, simultaneously the profile of the

after thirty (30) years, it ceased to be concordant

offender going from an individual offender who acted

with the reality of today's Honduran society, without

in most cases by personal mobiles, so

multiple reforms that it has undergone have been able to achieve this

isolated and individual, towards high profile offenders

new reality.
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CONSIDERING: That the excessive number of reforms

No one can be punished with a penalty or security measure

isolated both from the Penal Code itself, and through the

that has not been previously established by law and imposed
by competent Jurisdictional Body in accordance with the laws
procedural.

regulation of criminal offenses in special laws has caused
the disharmonization of the laws; creation of criminal offenses
omni-comprehensive, ambiguous, or of poor quality
descriptive that violate strict legality; disproportionality
in the penalties; increase in behaviors considered as
crime; a lack of congruence between the General Part of the
Code and the Special Part, as well as decoding of the
criminal regulations due to the proliferation of special criminal laws
and rules of punitive content in administrative rules
family, childhood, among others, which has led to difficulties
of application and precision of current criminal regulations.

No penalty or security measure can be executed in a
different from that prescribed by law.
Criminal law is applied retroactively in the provisions
more favorable to the accused or defendant, as well as the convicted person. Not
However, unless expressly provided otherwise,
the acts committed under the validity of a temporary law
they must be judged accordingly.
The interpretation of this Code must be carried out in accordance with
to the meaning of the Law and with gender criteria.

CONSIDERING: That the crime rates of
our country, demand the strengthening of the tools
legislative provisions to combat crime in all its
modalities.

CONSIDERING: That in accordance with Article 205

The analogy is prohibited unless it benefits the accused or defendant,
as well as the convicted person.
ARTICLE 2.- PRINCIPLE OF LESIVITY. It's just
punishable conduct that injures or endangers a good
legally protected.

Attribution 1) of the constitution of the Republic, is power
of the National Congress: create, decree, interpret and repeal

The action of Criminal Law should be limited to attacks

laws.

more serious against the most relevant legal rights.

THEREFORE,

ARTICLE 3.- PRINCIPLE OF HUMANITY OF THE
PENALTIES. No one should be sentenced with penalties or measures of
DECREE

security that violates human dignity or involves
cruel, inhuman or degrading treatment.

The next:

The Gazette

PENAL CODE
BOOK I

OFFICIAL JOURNAL OF THE REPUBLIC OF HONDURAS

GENERAL PART

DEAN OF THE HONDURAN PRESS
FOR BETTER SECURITY OF YOUR PUBLICATIONS

ABOG. CÉSAR AUGUSTO CÁCERES CANO
General Manager

TITLE I

JORGE ALBERTO RICO SALINAS

PENAL LAW

Coordinator and Supervisor
NATIONAL COMPANY OF GRAPHIC ARTS
ENAG

ARTICLE 1.- PRINCIPLE OF LEGALITY. No one

Colonia MirafIores
Telephone / Fax: Management 2230-4956
Administration: 2230-3026
Plant: 2230-6767

can be punished for action or omission that at the time
of its perpetration or commission is not foreseen as a crime

GOVERNMENT CIVIC CENTER

or missing.
two

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ARTICLE 4.- SUBJECTIVE LIABILITY. Not

b) It is committed against any natural or legal person

there is punishment without intent or recklessness.

Honduran or against their rights;

ARTICLE 5.- PRINCIPLE OF PROPORTIONALITY.

c) It is committed by Hondurans or foreigners

The penalty should be set taking into account the seriousness of the fact and

Honduran nationals, after the

the guilt of the subject.

commission of the fact and have not been tried in
the place of commission of the conduct or has not

ARTICLE 6.- SPECIAL CRIMINAL LAWS. The

served the sentence imposed;

principles and guarantees established in this Code are
they must apply in special criminal laws.

d) It is committed by a stateless person with residence
habitual in the national territory; Y,

ARTICLE 7.- NON BIS IN ÍDEM PRINCIPLE. A
same fact or circumstance should not be used more than one

e) It is committed by a person tried in Honduras who is

time for the legal qualification of the conduct of a subject,

has evaded and has not fully or partially fulfilled

as long as it responds to the same foundation. Is considered

sentence.

that there is no basis identity in the punishment of the
continued crime, recidivism or habitual behavior, in the

2) Real or protection principle. He is also competent

terms established in this Code.

the Honduran jurisdiction to prosecute the facts
committed abroad that according to the

ARTICLE 8.- TERRITORIALITY. Criminal law

Honduran legislation, are likely to be classified

applies to acts committed in the national territory,

as one of the following crimes:

as well as those tasks on board a ship or aircraft
Honduran and other places subject to the jurisdiction of

a) Counterfeiting of coins and other securities;

Honduras, except for the exceptions stipulated in the Law
International approved by the State of Honduras.

b) Forgery of stamps, signs and marks;

ARTICLE 9.- ULTRATERRITORIAL APPLICATION

c) Crimes against the security and existence of the State;

OF THE CRIMINAL LAW. Criminal Law is applicable, even when
the conduct has been carried out outside the national territory,

d) Crime against public powers and order

in the following cases:

constitutional; Y,
e) Crimes against the Honduran Public Administration.

1) Personal principle. When the conduct is punishable
both in the place where the crime was committed and in the

3) Principle of Universal Justice. Independently

national territory, regardless of whether it receives

of the provisions in force in the place of the commission

a different denomination, except that according to the

of the punishable conduct and the nationality of the author,

International Treaties and Agreements signed and / or

can be judged and sanctioned in accordance with the Law

ratified by the State of Honduras, this requirement

Honduran criminal offenses committed abroad

is not enforceable and provided that the punishable act meets

when the conditions established in

any of the following conditions:

the International Treaties and Agreements signed
and / or ratified by the State of Honduras, as well as

a) It has been committed by persons in the service of the

when the perpetrators or instruments of the crime are

State of Honduras and have not been tried in

found within the national territory or in a place

the place of commission of the conduct, by virtue of

where the State of Honduras exercises jurisdiction, in

diplomatic or functional immunity;

the following offenses:
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a) Genocide, against humanity and war crimes;

TITLE II
CRIMINAL LIABILITY

b) Laundering of assets and testaferrate;
CHAPTER I
PUNISHABLE BEHAVIORS

c) Traffic of motor vehicles coming from

ARTICLE 12.- CRIMES AND FOULS. They are crimes or misdemeanors

illegal activities;

malicious or reckless actions and omissions punished by
d) Illicit trafficking of people, organs, materials

the law.

anatomical or fertilized ovules;
ARTICLE 13.- CLASSIFICATION OF CRIMES
e) Trafficking in persons;

AND FOULS. Considering the severity of the penalty to be imposed
crimes are classified as:
a) Serious crimes those that are punished with penalties

f) Terrorism;

serious;
g) Illicit arms trafficking;
b) Less serious crimes those that are sanctioned with
h) Illicit drug, narcotic or substance trafficking

less serious penalties; Y,

psychotropic;
c) When the penalty may, due to its extension, be included in
i) Sexual exploitation of minors under eighteen (18)

the two (2) previous literals, it is considered the crime

years;

as serious.

j) Forced disappearance of persons; Y,

Fouls are punishable by light penalties.

k) Corruption of public officials or employees.

ARTICLE 14.- COMMISSION PER SHARE AND PER

ARTICLE 10.- APPLICATION OF CRIMINAL LAW TO
PEOPLE. This Code applies to persons who
at the time of the commission of the punishable conduct they have
eighteen (18) years of age or older.

OMISSION. Offenses whose legal description includes a
result, without indicating means necessary to produce it,
they can be committed both by action and by omission. The
result crimes are only understood to have been committed by omission
when the non-avoidance of the same, by infringing the omitent a
In the case of minors under eighteen (18) years of age who commit

personal legal duty, is equivalent to its causation.

an act classified as a crime in this Code, its
Liability will be determined in accordance with the provisions of

Those directly derived are personal legal duties

legislation for infringing children.

of the Law, of a contract or of the creation by the omitent of
a situation of danger to a legal asset through a

ARTICLE 11.- EXCEPTIONS IN THE APPLICATION

preceding action or omission.

OF THE CRIMINAL LAW. Criminal legislation does not apply to
the following persons: 1) Heads of State and Government

ARTICLE 15.- COMMISSION TIME OF THE CRIME.

Foreign; 2) Diplomatic Agents of other States; Y,

The crime is considered carried out at the time the subject

3) Other people who enjoy jurisdictional immunity.

acted or in case of omission, when it should have acted,

The foregoing in accordance with the Treaties and Agreements

regardless of when the result of

International subscribed and / or ratified by the State of

such activity. The applicable Law is the one in force

Honduras and according to the principle of reciprocity.

at the time of the commission of the crime or misdemeanor.

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ARTICLE 16.- PLACE OF THE COMMISSION OF THE

1) There is a conspiracy when two (2) or more people

CRIME OR MISSING. The crime or offense is considered committed

are arranged to execute a crime and solve

in any of the following places:

run it;
2) There is a proposition when one or more people who
have decided to commit a crime offer to another or others

1) In the place where it is developed, in whole or in part, the

run it; Y,

criminal activity;

3) There is provocation when it is directly incited, for
any medium that facilitates advertising or before a

2) In the place where the result is produced; or,

group of people, to commit a crime.
3) In crimes or misdemeanors by omission, in the place where it should
the skipped action be executed.

In cases of withdrawal, the subject is exempt from penalty,
unless the acts already executed were constitutive by

CHAPTER II
DOLO AND IMPRUDENCE

yes alone of crime or misdemeanor. It is understood that there is withdrawal
when the subject voluntarily renounces the realization
of executive acts and prevents or attempts to prevent, serious, firm

ARTICLE 17.- DOLO. Dolo is the realization of the

and decidedly the initiation of executive acts by other

conduct typified with knowledge and will. Also

intervening in the crime.

whoever assumes the production of a result acts maliciously
which, without being certain, can be derived from the normal course of ARTICLE 21.- TENTATIVE. There is an attempt when
initiates the execution of a crime by direct external acts and
facts.
objectively aimed at its consummation and, it is not
ARTICLE 18.- PUNISHMENT OF IMPRUDENCE.

It produces for causes independent of the will of the agent.

The production of the result constitutes serious recklessness
typical, objectively foreseeable due to the violation of

They are classes of attempt:

the most elementary rules of due care applicable to
a) UNFINISHED ATTEMPT. The attempt is

concrete situation.

unfinished when the agent performs part of the acts
Reckless actions or omissions are only punished in the

aimed at producing the consummation of the crime, not

cases in which the Law expressly indicates it.

concluding them for reasons beyond their control.

CHAPTER III

b) TRIAL FINISHED. The attempt is over

PUNISHABLE PREPARATORY ACTS,

when the agent has performed all the acts that

ATTEMPT, WITHDRAWAL AND

objectively they should have led to the consummation of the

CONSUMMATION
ARTICLE 19.- PUNISHABLE EXECUTION DEGREES.

crime and it did not occur.
ARTICLE 22.- WITHDRAWAL. There is withdrawal

They are punishable, the crime or misdemeanor consummated and the attempt
when,tohaving started the execution of the crime, it does not
crime.

It is produced by causes dependent on the will of the agent,
either:

ARTICLE 20.- PUNISHABLE PREPARATORY ACTS.
Conspiracy, proposition and provocation to commit a crime

a) Interrupting the acts of execution; or,

they are only sanctioned in the cases expressly indicated by
the law:

b) Preventing the consummation.
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In cases of withdrawal, the subject is exempt from penalty,

ARTICLE 26.- PARTIES. The participants are

unless the acts already carried out are constitutive by themselves

inducers and accomplices. Inducers are those who

alone of crime or misdemeanor.

maliciously and by any means, determine another to
carry out a criminal act.

When there are several participants, they are exempt from
criminal responsibility that or those who desist from the

They are accomplices who, not being included in the

execution already started and being able to do so, prevent or attempt

previous article, cooperate in the execution of the act with acts

seriously, firmly and decisively prevent the consummation, without

previous or simultaneous.

prejudice to the liability that may have been incurred
for the acts performed if these were already constitutive of
another crime.

ARTICLE 27.- LIABILITY FOR
ACTIONS ON BEHALF OF ANOTHER. Who acts
in legal or voluntary representation of a natural person or

CHAPTER IV
ERROR

legal or as a de facto or legal administrator of a
society, is personally responsible for the conduct carried out

ARTICLE 23.- ERROR. The error is subject to the rules

Although they do not concur in it, but in the person represented,

following:

the qualities, conditions or relationships required by the
corresponding crime to be an active subject of the same.

1) The invincible error on a constitutive element of the
crime or misdemeanor excludes criminal responsibility. If he
error, considering the circumstances of the fact and the subject,
was beatable, the fact should be punished, if applicable,

ARTICLE 28.- CRIMINAL LIABILITY IN
CRIMES COMMITTED THROUGH THE MEDIA
OF DISSEMINATION. In crimes committed using
media or broadcast media do not respond criminally

as reckless;

the accomplices.
2) The error on an element that qualifies or aggravates the
infringement excludes its application; Y,

Those who are authors only respond, in these cases, in a
staggered, exclusive and subsidiary, according to the order

3) The invincible error about the wrongfulness of the conduct

following:

constitutive of the infringement excludes liability
a) Those who have written the text or produced the

penal. If the error is beatable, the penalty must be reduced

sign in question and those who have induced them

by one third (1/3).

to do it;
CHAPTER V
b) The directors of the publication or program in which

PEOPLE PENALLY

spread;

RESPONSIBLE

c) The directors of the publishing company, broadcasting company or

ARTICLE 24.- CRIMINAL PERSONS. They are

diffuser; Y,

criminally responsible for the crimes and misdemeanors the perpetrators and
the participants.

d) The directors of the recording company,
reproduction or printing.

ARTICLE 25.- AUTHOR. It is the author who performs the conduct
punishable, in whole or in part, by himself or by using
of another or others as instruments, whether or not criminally

When for any reason other than the termination of the

responsible, as well as those who carry it out jointly.

criminal liability, including the declaration of default or the

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residence outside Honduras, no one can be prosecuted

conduct or act in accordance with that understanding,

of the persons included in any of the literals of the

as well as the minor of twelve (12) years. Disorder

previous paragraph, the procedure must be directed against

mental does not exempt from responsibility when it has been

mentioned in the immediately subsequent literal.

attempted for the purpose of committing a crime or
had foreseen or should have foreseen its commission;

CHAPTER VI

2) Exercise of a right, office, position or performance
of duty . Who acts in compliance with a

APARENT RULES CONTEST

specific legal duty or in the legitimate exercise of
a right, office or position;

ARTICLE 29.- APPARENT CONTEST OF
RULES. When the same behavior is described in

3) State of necessity. Who, in a state of need,
to avoid an evil of his own or of another, he injures a good

various statutory rules that are mutually exclusive, you should only

legal status of another person or infringes a duty, always

apply one of them, according to the following rules:

that the following requirements are met:
a) That the harm caused is not greater than that

1) The special norm prevails over the general one;

try to avoid;

2) The subsidiary rule only applies in the absence of the

b) That the situation of need has not been

principal;

intentionally caused by the subject; Y,
c) That the needy does not have, due to his office or position,

3) The rule that most broadly describes the conduct

obligation to sacrifice.

punishable absorbs those who foresee the situations
described in that one; Y,

4) Legitimate defense . Who works in defense of
person or own or foreign rights, provided that

4) In the absence of the above criteria, that of the

the following requirements are met:

most serious crime committed.

a) Current unlawful assault;
TITLE III
b) Reasonable necessity of the means used to

EXEMPTIONAL CIRCUMSTANCES OR

prevent or repel aggression; Y,

MODIFICATIONS OF LIABILITY
PENAL

c) Lack of sufficient provocation from whoever
defends.

CHAPTER I
CIRCUMSTANCES THAT EXEMPT

It is understood that all three (3) circumstances concur

CRIMINAL LIABILITY

above regarding who rejects the escalation
ARTICLE 30.- EXEMPTION CAUSES OF THE

or fracture of fences, walls, entrances of a

CRIMINAL LIABILITY. They are causes of exemption from

inhabited house or apartment or its dependencies

criminal liability the following:

or, uses violence against the stranger to her

1) Insolvency . It is unimpeachable who, in the

when he is surprised within the indicated

moment of the action or omission and as a consequence

places; Y,

of anomaly or psychic alteration, alteration in
perception or full intoxication, does not possess the

5) Insurmountable fear . Who works driven by

ability to understand the illicit nature of their

insurmountable fear.
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CHAPTER II

4) Execute the act by means of disguise or taking advantage of

CIRCUMSTANCES THAT MODIFY THE

the circumstances of time and place to facilitate your

CRIMINAL LIABILITY

execution or impunity of the offender;

ARTICLE 31.- ATTENUATING CIRCUMSTANCES.

5) Commit the act for price, reward or promise

Common extenuating circumstances are the following:

remunerative;

1) The causes of exemption from criminal responsibility
6) Prevail the public character of the culprit;

when any of the requirements do not meet
essentials required for its appreciation. These causes

7) Execute the act using a minor

They are considered qualified mitigating factors;

eighteen (18) years old or disabled;

2) Act by stimuli so powerful that they produce in
the subject outburst or obstinacy of a similar entity;

8) Committing the crime for racist or other reasons

3) The culprit has proceeded to repair the damage

relating to the ideology, religion or beliefs of the

caused or, to diminish the harmful effects of the

victim, age, language, family situation, ethnicity, race

crime before completion of investigations

or nation to which you belong, your sex, orientation

preliminaries;

sexual or gender identity, gender reasons,
illness or disability; Y,

4) Be the culprit over eighteen (18) years old and under
twenty-one (21);

9) Recidivism. There is recidivism when

5) The culprit must have proceeded, before having

commit a crime, the culprit would have been convicted

knowledge of the initiation of a judicial procedure,

enforceable for a crime of the same nature.

to confess the offense to the authorities; Y,

The final judgments issued by the organs
foreign jurisdictions produce the effects

6) Any other circumstance analogous to the previous ones.

of recidivism in the cases indicated by the Law.
For the purposes of recidivism, the
criminal records canceled or that should

ARTICLE 32.- CIRCUMSTANCES
AGGRAVATING FACTORS. They are aggravating circumstances
the following are common:

1) Execute the act with Alevosía. There is treachery when

be it, nor those that correspond to reckless crimes.

ARTICLE 33.- MIXED CIRCUMSTANCE OF
RELATIONSHIP. The kinship circumstance may
mitigate or aggravate the penalty, in accordance with nature,

the culprit commits any of the crimes against

motives and effects of the crime, being or having been the culprit,

people, using means, modes or forms in

spouse or person with whom the aggrieved maintains or
has maintained a stable relationship of a similar nature
to the previous one or be an ascendant, descendant, brother of the

execution, which tend directly and especially to
insure it, without risk to your person as appropriate

aggrieved or his spouse or partner.

of the defense that the offended person could make;
TITLE IV
THE MISERIES

2) Execute the act through abuse of superiority or
trustworthy;

CHAPTER I
CLASSES AND EFFECTS OF PENALTIES

3) Act cruelly in the execution of the act,
deliberately increasing the suffering of the

SECTION I
PENALTY CLASSES

victim;
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ARTICLE 34.- CLASSIFICATION OF PENALTIES.

f) Suspension of citizenship;

The penalties that may be imposed are deprivation of liberty,
privative of other rights and a fine, either with character

g) Loss of nationality;

main or as accessories.
h) Absolute disqualification;
Precautionary measures, deprivations
rights established in civil laws and penalties

i) Special disqualification from office or public office;

administrative.
j) The special disqualification of profession or trade,
Penalties are classified by their nature and their duration.

industry or commerce;

ARTICLE 35.- KINDS OF PENALTIES FOR YOUR

k) The special disqualification of parental authority, guardianship,

NATURE. Penalties by their nature are classified

guardian or conservatorship;

in custodial, custodial of other rights and fine.
1) The following are custodial sentences:

l) The prohibition of residence;

a) Life imprisonment;

m) The prohibition to approach or communicate with
the victim; Y,

b) The prison;
n) The permanent location.
c) House arrest; Y,
3) The following are fine penalties:
d) Weekend detention.
a) The fine-days; Y,
2) Are penalties depriving of other rights:
a) Expulsion from the national territory;

b) The proportional fine.

b) The provision of public utility services or the

ARTICLE 36.- KINDS OF PENALTIES FOR YOUR

victims;

DURATION. Penalties are classified according to their
duration in serious and less serious:

c) The deprivation of the right to drive vehicles
automobiles, aircraft and boats;

1) The following are serious penalties:
a) Life imprisonment;

d) The deprivation of the rights to possession and bearing

b) Prison of more than five (5) years;

firearms, explosives and the like;

c) Deprivation of driving rights
motor vehicles, aircraft and boats,

e) Disqualification from obtaining subsidies and aid

to the possession and carrying of firearms,

public, to contract with the public sector and to enjoy

explosives and similar, over five (5) years;

of the benefits or tax incentives or of the Security

d) Loss of nationality;

Social;

e) Suspension of citizenship;
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f) Absolute disqualification;

a) Prison of less than six (6) months;

g) Special disqualifications greater than five
(5 years; Y,

b) House arrest of less than six (6) months;

h) The prohibitions of residence or to approach
or communicate with the victim greater than five
(5 years.

2) They are less serious penalties:
a) Prison from six (6) months to five (5) years;

c) The detention of up to fifteen (15) weekends;
d) The provision of public utility services or
victims less than ninety (90) days;
e) Deprivation of the rights to drive vehicles
motor vehicles, aircraft and boats, to the

b) House arrest from six (6) months to three (3)
years;

c) Weekend detention of more than fifteen
(15) weekends;

d) The provision of public utility services or
victims equal to or greater than ninety (90) days;

possession and carrying of firearms, explosives
and the like, from three (3) months to one (1) year;
f) Special disqualifications of three (3) months
one (1) year;
g) Prohibitions of residence or of approaching or
communicate with the victim for up to six (6) months;
h) Permanent location for up to six (6) months; and,

e) Deprivation of rights to drive
motor vehicles, aircraft and boats,

i) The fine of less than one hundred (100) days.

to the possession and carrying of firearms,
explosives and similar, over one (1) year

SECTION II

up to five (5) years;

f) The prohibitions of residence or to approach
or communicate with the victim greater than six (6)
months to five (5) years;

DEPRIVED PENALTIES OF FREEDOM
ARTICLE 37.- THE PENALTY OF PRISON
PERPETUITY. When the Law so provides, the penalty of
prison will be for life. This penalty supposes the deprivation of
freedom for life, without prejudice to its review; and ,
The sentence of imprisonment for life must be reviewed by the

g) Special disqualifications greater than one (1)
year up to five (5) years;

Jurisdictional body competent to assess the provenance
of its suspension, when the following requirements are met:
a) That the convicted person has completed thirty (30) years of his

h) Permanent location greater than six (6)

sentence;

months to five (5) years;
b) That the prisoner has observed good conduct in the
prison establishment and there is no danger of

i) Fine-days greater than one hundred (100) days; Y,

criminal repetition, in view of the characteristics of the
fact and personal circumstances of the author; Y,

j) The proportional fine.
c) That the convicted person has satisfied, in his case, the
3) They are light penalties:

civil liabilities derived from the criminal act,

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Unless the competent Jurisdictional Body,

ARTICLE 39.- HOME ARREST. The arrest

after hearing the interested parties and the Public Ministry

domiciliary obliges the convicted person to remain at home or

(MP), declare the total or partial impossibility of

in a specific place set by the Jurisdictional Body

the subject copes with them.

competent in the sentence or later in a reasoned order.

The competent Jurisdictional Body must decide on
the suspension of the sentence of imprisonment to life after a
Contradictory oral procedure involving the
Public Ministry (MP) and the convicted person, assisted by their lawyer
defender.
The stay of execution must last for five
(5) to ten (10) years. The rules contained are applicable

House arrest lasts up to five (5)
years.
The competent Jurisdictional Body may authorize,
exceptionally, leaving the home to avoid
possible desocializing effects of the sentence, considering
that time also of completion of the arrest.

in the articles referring to the conditional suspension of the
execution of the sentence, which does not contravene the provisions of To ensure compliance with the Jurisdictional Body
this article.

competent authority may agree to use mechanical means
or electronic that allow the location of the convict.

The competent Jurisdictional Body, in view of the possible
modification of the assessed circumstances, can change
the decision previously adopted and agree on the
imposition of new prohibitions, duties or benefits,
the modification of those that have already been agreed or the
revocation of the same.

If the convict breaches the sentence, the Jurisdictional Body
competent, without prejudice to deducing testimony by
breach of sentence, you must agree that the time
remaining deprivation of liberty is executed in the establishment
penitentiary closest to your home. For these purposes each

Likewise, the competent Jurisdictional Body must revoke
suspension if there is a change in circumstances that
do not allow to maintain the prognosis of lack of dangerousness
on which the suspension decision adopted was based.

day of arrest equals one day in prison.
If the penalty of house arrest is impossible or
very difficult execution due to indeterminacy of the domicile of the
guilty or other similar cause, must be replaced by prison.
For these purposes, one (1) day of arrest is equivalent to one (1) day of

Suspension of life imprisonment denied
the sentence cannot be reviewed again for one year
since the denial.

prison.
ARTICLE 40.- THE PENALTY OF DETENTION AT THE END OF

ARTICLE 38.- PENALTY OF PRISON. The prison sentence

WEEK. The weekend detention sentence consists of

It consists of the deprivation of liberty of the convicted person and entailsdeprivation of liberty on Saturdays and Sundays in
a detention center designated for this purpose, with a duration
the suspension, restriction and limitation of other freedoms
related and inherent to the regime of deprivation of liberty, of

minimum of thirty-six (36) hours and maximum of forty-six

in accordance with the provisions of the Law.

eight (48) hours for each weekend.

It must be fulfilled in prisons or under

Notwithstanding the provisions of the preceding paragraph, the Body

the regime established by Law.

Competent jurisdiction, in consideration of the circumstances
labor, family or educational of the prisoner, after hearing this and the

The prison sentence has a minimum duration of one (1) month and

Public Ministry (MP), can order that the penalty of

maximum of thirty (30) years, except for those crimes that carry

weekend detention is served on other days of the

life imprisonment.

herself.
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If the prisoner incurred two (2) unexcused absences,

The sentence of absolute disqualification has a duration of five

the competent Jurisdictional Body, without prejudice to the

(5) to twenty (20) years, unless expressly provided

liability that may correspond for the breach

otherwise in this Code.

of conviction, you can arrange for the arrest to be carried out
uninterruptedly in the penitentiary establishment more

ARTICLE 44.- SPECIAL DISMISSAL OF

close to your home or, failing that, in which the Body

PUBLIC OFFICE OR OFFICE. The special disqualification

Competent jurisdiction designate. For these purposes, each end

of office or public office produces the definitive deprivation

a week is equivalent to two (2) days in prison.

of the public office or office on whom it falls, even if it is
elective and the honors attached to it, provided that

The penalty referred to in this article has a duration

have had a direct relationship with the crime committed.

minimum of four (4) and maximum of fifty-six (56) purposes

It also produces the inability to obtain the same u

of week.

other analogues during the time of the sentence. Sentence
must specify the position or public office and the honors on
SECTION III

those who relapse.

PRIVATIVE PENALTIES OF
OTHER RIGHTS

The penalty of special disqualification for public office or office
lasts from three (3) months to twenty (20) years, unless

ARTICLE 41.- LOSS OF NATIONALITY.

that something else is expressly provided in this Code.

The loss of nationality implies the deprivation of
nationality to Hondurans who are not of origin and the
impossibility of obtaining it during the time of the sentence.

ARTICLE 45.- DISABLING OF PROFESSION,
TRADE, COMMERCE OR INDUSTRY. Disqualification
special profession, trade, trade or industry, supposes the

ARTICLE 42.- SUSPENSION OF CITIZENSHIP.
The suspension of citizenship supposes the disqualification

deprivation of the right to exercise it, during the time of the
conviction, provided that they had a direct relationship with the

special for the exercise of the right to vote

crime committed. The sentence must specify the profession,

and passive, to opt for public office and be a civil servant or

trade or activity on which the disqualification falls.

public employee, as well as to associate to constitute parties

The penalty of Special Disqualification of profession, trade,

politicians.

trade or industry has a duration of three (3) months to
twenty (20) years, unless otherwise expressly provided

The penalty of suspension of citizenship lasts

thing in this Code.

maximum of ten (10) years, except in those cases in
those whose duration is associated with a prison sentence, in

ARTICLE 46.- DEPRIVATION OF THE RIGHT TO

whose case lasts for the duration of this, unless otherwise provided

DRIVING AUTOMOTIVE VEHICLES,

expressly otherwise.

AIRCRAFT AND BOATS. The penalty of deprivation
of the right to drive motor vehicles,

ARTICLE 43.- ABSOLUTE DISMISSAL.

aircraft and vessels implies the impossibility of exercising

The absolute disqualification produces the definitive deprivation of

these rights during the time of the sentence.

all honors, offices or public offices, even if they are
electives, as well as your inability to obtain these or

The penalty lasts from three (3) months to ten (10)

other public offices or offices and to be elected to office

years, unless otherwise expressly provided in the

public during the time of the sentence.

this Code.

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ARTICLE 47.- PROHIBITION OF HOLDING AND

The penalty lasts from three (3) months to twenty (20)

CARRYING OF FIREARMS, EXPLOSIVES,

years, unless otherwise expressly provided in the

AMMUNITION AND RELATED MATERIALS.

this Code.

The prohibition of possession and carrying of firearms,
explosives, ammunition and related materials involves the

ARTICLE 50.- PROVISION OF SERVICES OF

impossibility of having and carrying these, during the time of the

PUBLIC PROFIT OR TO THE VICTIMS. The provision

sentence.

public utility services or victims obliges the
sentenced to carry out useful activities for free

The penalty lasts from three (3) months to twenty (20)
years, unless otherwise expressly provided in the

public, which may consist of damage repair work
caused, support or assistance to victims, participation in
workshops or training programs or reeducation, labor,

this Code.

cultural, traffic education, sexual or other similar that
ARTICLE 48.- INHABILITATION TO OBTAIN
SUBSIDIES AND PUBLIC AID, FOR
CONTRACT WITH THE PUBLIC SECTOR AND
PUBLIC-PRIVATE ALLIANCE AND TO ENJOY
TAX BENEFITS OR INCENTIVES OR THE
SOCIAL SECURITY. Disqualification from obtaining
subsidies and public aid, to contract with the sector
public and public-private alliance and to enjoy benefits
or tax incentives or Social Security supposes the
inability to obtain such benefits during the time
of the conviction.

are related to the crime committed.
The service must be provided in the places and times that
determine the competent Jurisdictional Body for which
must take into account work and educational activities
of the subject and its concrete capacities. Its daily duration has
a minimum of four (4) and a maximum of eight (8) hours of
job. It should not be imposed less than twenty (20) nor more than
forty (40) hours of work per week.
The penalty of rendering services of public utility or to
victims lasts from one (1) month to one (1) year, unless
that something else is expressly provided in this Code.

The penalty lasts from three (3) months to ten (10)
years, unless otherwise expressly provided in the
this Code.

Public utility or victim services should be
provided by the Public Administration, which can
establish the appropriate agreements for this purpose.

ARTICLE 49.- SPECIAL DISMISSAL
OF THE PATRIA POTESTAD, TUTELA, GUARDA OR
CURATELA . The special disqualification of parental authority,

Public utility services or victims cannot be
impose without the consent of the prisoner, they must respect

in any case his dignity and he must enjoy the protection
guardianship, guardianship or curatorship deprives the convicted of their rights
dispensed by the penitentiary legislation regarding
inherent to the first and supposes the extinction of the others, thus
social Security.
such as the inability to obtain appointment for such
charges during the time of the sentence. Disabling

If the convicted person incurs two (2) unexcused absences,

Parental authority leaves the rights of those who

the competent Jurisdictional Body, without prejudice to the

the son is the holder with respect to the convicted person .

liability that may correspond for breach
of conviction, you can agree to replace the remaining time

The competent Jurisdictional Body may impose these

public utility services or victims by arrest

penalties for all or some of the minors or persons

domiciliary or permanent location. For these purposes four

with disabilities who are in charge of the prisoner, in

(4) hours of work are equivalent to one (1) day of arrest

attention to the circumstances of the case.

domiciliary or one (1) day of permanent location.
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ARTICLE 51.- THE PENALTIES OF PROHIBITION OF

3) Prohibition of going to certain places;

RESIDENCE, APPROACH PROHIBITION
OR COMMUNICATION WITH THE VICTIM. The

4) Prohibition of being absent from the place of residence without

residence prohibition deprives the offender of the right to reside

authorization of the competent Jurisdictional Body; Y

or go to the place where the crime was committed or to the place where
that the victim or his family reside, if they are different.

5) Obligation to appear periodically before the
Competent Jurisdictional Body.

The prohibition to approach the victim, or those
of their relatives or other persons determined by the Body

To guarantee compliance with the sentence, the Body

Competent court, prevents the offender from approaching his

Competent court may agree to the use of

home, to their workplaces and to any other
frequented by them.
The prohibition to communicate with the victim or with those
of their relatives or other persons determined by the Body

electronic media.
The permanent location penalty can last for a
up to five (5) years.
If the prisoner breaches the obligations or prohibitions

Competent court, prevents the convicted person from establishing

imposed, without prejudice to the liability that may

them, by any means of communication, computer or

correspond for breach of sentence, can

telematic, verbal, written or visual contact.

the remaining time of the permanent location be replaced
for prison or weekend detention. For these purposes, a

To guarantee compliance with these penalties, the Body

(1) day of permanent location becomes one (1) day

Competent court may agree to the use of

imprisonment, and two (2) days of permanent location in a

mechanical or electronic means.

weekend of detention.

These penalties must last from three (3) months to ten

Likewise, the convicted person must notify the Jurisdictional Body

(10) years, unless expressly provided otherwise

the eventual change of address during the period

in this Code.

as long as their pain lasts.

The prohibitions of residence and of approach to the victim

SECTION IV

cannot be subject to simultaneous compliance with the

PENALTY FEE

prison sentences or house arrest. His execution only
it must begin when the subject has been released.

ARTICLE 53.- DAYS PENALTY FINE. The penalty of days
fine obliges the sentenced person to pay an amount of

ARTICLE 52.- LOCATION PENALTY

money to the State of Honduras, through the General Treasury

PERMANENT. The permanent location penalty

of the Republic or of the institution that the Law designates.

obliges the convicted person to submit to judicial control through
compliance with one or more of the conditions

The penalty of a fine is imposed by the system of fine days,

following:

Unless this Code provides otherwise.
Its extension is from ten (10) to two thousand (2,000) days and each day

1) Obligation to always be reachable by means of
electronic media;
2) Prohibition of being absent from your home to
certain hours;

fine has a value not less than Twenty Lempiras (L.20) nor
greater than Five Thousand Lempiras (L5,000).
The competent Jurisdictional Body must fix reasoned
in the sentence the extension of the sentence within the limits

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indicated for each offense and according to the rules of

be satisfied within thirty (30) days following the

determination of the penalty provided for in this Code.

firmness of the sentence.

Likewise, the sum of money must be determined in the sentence
corresponding to each day fine, in accordance exclusively with

Notwithstanding the provisions of the preceding paragraph, the Body

the economic situation of the sentenced person, taking into account

Competent court, taking into account the economic situation

counts all your daily income as well as reasonable expenses

of the prisoner, you can agree to your payment deferred or in installments within

to attend to their needs and their family responsibilities. For the

for a period of two (2) years. In this case, the non-payment of two

specification of the value of the fine day, the Jurisdictional Body

(2) terms determines the expiration of the remaining ones.

competent authority must collect the necessary information from entities
public and private, without prejudice to the provision of evidence

If after the sentence the economic situation worsens

that on such an extreme facilitates the convicted.

of the convicted person, the competent Jurisdictional Body,
exceptionally and after verification of said situation,

ARTICLE 54.- PROPORTIONAL FINE. Nevertheless
the provisions of the previous article, when this Code
as determined, the fine is established in proportion to the damage

You can modify both the amount of the daily fees or the
fine within the limits specified by law for the crime
in question, such as the deadlines for its payment.

caused, to the value of the object of the crime or to the benefit obtained ARTICLE 56.- BREACH OF THE PENALTY OF
or persecuted with the same.
PENALTY FEE. SUBSIDIARY CRIMINAL LIABILITY
FOR NON-PAYMENT OF THE FINE. If the prisoner does not satisfy
In these cases, the competent Jurisdictional Body must

voluntarily or through coercion the fine imposed, is left

set the fine within the limits indicated for each offense,

subject to a subsidiary personal liability of one (1)

considering, to determine its amount in each case, no

day of deprivation of liberty for every two (2) daily quotas not

only the extenuating and aggravating circumstances of the fact but

satisfied, which can be fulfilled in the form of detention

mainly the economic situation of the culprit.

weekend or house arrest.

When it is not possible to calculate the fine based on the concepts

The competent Jurisdictional Body can also, after

indicated in the first paragraph of this Article, the Body

consent of the convict, agree that the responsibility

Competent court must motivate said impossibility,

subsidiary personnel is fulfilled through utility services
public or victims. In this case, each day of deprivation

substituting the fines provided for one of the following:

of freedom is equivalent to one (1) working day.
1) A fine of one thousand (1000) to two thousand (2000) days, if the crime
committed is punished, in addition to the penalty of a fine,

In cases of proportional fine, the Jurisdictional Body

with a prison sentence of more than five (5) years;

competent authority must establish, at its prudent discretion, the responsibility
appropriate subsidiary personnel, which may not exceed, in

2) A fine of six hundred (600) to one thousand (1000) days, if the

no case, of two (2) years of duration. It also can

committed crime is punished, in addition to the penalty of

agree, with prior agreement with the convicted person, on its compliance

fine, with imprisonment between two (2) and five (5)

through services for the benefit of the community.

years; Y,
This subsidiary personal liability is not imposed on the
3) A fine of three hundred (300) to six hundred (600) days,

sentenced to deprivation of liberty for more than five (5) years.

in the remaining cases.
Compliance with subsidiary personal liability
ARTICLE 55.- PAYMENT OF THE FINE. The sorrow

extinguishes the obligation to pay the fine, although the subject

fine, either as fine-days or proportional, must

improve your financial situation.
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SECTION V
ACCESSORY PENALTIES

was agreed, except insofar as it has coincided with any
deprivation of liberty imposed on the offender in another cause that
has been paid or is creditable to it.

ARTICLE 57.- ACCESSORY PENALTIES. The penalties of
disqualification are accessory in cases where, not being
specifically provided for in a crime, the Law declares that
other penalties are carried with them.

This rule also applies with respect to deprivation of
rights agreed precautionary.

ARTICLE 58.- ACCESSORY PENALTIES OF

If the precautionary measures suffered and the sentence imposed are

ABSOLUTE AND SPECIAL DISABILITY. The

of a different nature, the competent Jurisdictional Body

imprisonment for more than five (5) years carries with it the
of absolute disqualification during the time of the sentence,

will order that the sentence imposed in
that part that it deems compensated.

unless it is already provided as the main penalty in the crime
When the penalty imposed is a fine and the convicted person has been

concerned.
The prison sentence that does not exceed five (5) years carries
I get one or more of the following accessory penalties,

subject to preventive detention, each day in prison is equivalent to
two (2) days fine.
CHAPTER II

unless they are already provided as the main penalty in the

DETERMINATION OF THE PENALTY

assumption in question:

SECTION I

1) Special disqualification from public office or employment

AUTHORSHIP, PARTICIPATION AND ITER CRIMINIS

during the time of the sentence, as long as
these rights have been directly related to
the crime committed;
2) Special disability of profession, trade,
trade or industry during the time of the
condemns, as long as these rights have
had a direct relationship with the crime committed; Y,

ARTICLE 60.- PENALTY FOR THE AUTHOR. The penalty set
in the Law it is the one that corresponds to the perpetrator of the consummated crime.
ARTICLE 61.- PENALTY FOR THE PARTICIPANTS. To the
inducers of a completed or attempted crime, they are owed
impose the same penalty as that established by law for the authors
of the same crime.

3) Special disability for the exercise of

The accomplices of a completed or attempted crime are
parental authority, custody, guardianship or conservatorship during
must impose the penalty provided by law for the authors of the
the time of the sentence, as long as these
same crime, reduced by a third (1/3).
rights have been directly related to the crime
task.
ARTICLE 62.- PENALTY FOR THE ATTEMPT. To the
SECTION VI
COMMON PROVISION

Perpetrators of attempted crime must be sentenced to
consummated offense reduced by one quarter (1/4) if it were
attempt finished, and by one third (1/3) in case of an attempt

ARTICLE 59.- PAYMENT OF PROVISIONAL PRISON

unfinished.

AND OTHER PRECAUTIONARY MEASURES. The time of
deprivation of liberty suffered provisionally must be

ARTICLE 63.- TENTATIVE AND PARTICIPATION

paid in full, in accordance with the provisions

SPECIFICALLY PROVIDED FOR. The above rules

in the Criminal Procedure Code, for compliance with the

are not applicable in cases where the attempt and the

penalty or penalties imposed in the cause in which said deprivation

participation are especially punishable by law.

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SECTION II

The compliance limitation applies even though the penalties

INCOMPLETE EXEMPTION

have been imposed in different processes if the facts by their
connection, they could have been prosecuted in just one.

ARTICLE 64.- PENALTY IN CASES OF
INCOMPLETE EXEMPTION. In the cases provided for in the

ARTICLE 67.- IDEAL CONTEST. There is an ideal contest

numeral 1) of Article 31 of this Code, the Body

when a single action or omission infringes various

Competent jurisdiction according to the number and identity

legal provisions that are not mutually exclusive.

of the missing or concurrent requirements, you can impose
the penalty corresponding to the crime committed reduced by one

The ideal bankruptcy assessment supposes the imposition of the

a third (1/3) or a quarter (1/4), applying it in the extension that

penalty corresponding to the crime or offense that the

deem appropriate, taking into account the personal circumstances

more serious penalty increased by one third (1/3), without

exceed the sum of the specific penalties imposed if
of the author and, where appropriate, the rest of the extenuating circumstances
they would have punished the crimes separately.
or aggravating.
SECTION III
CRIME CONTEST

ARTICLE 68.- CONTINUING CRIME AND CRIME
MASS. Who in execution of a preconceived plan or
taking advantage of the same occasion, he performs a plurality of

ARTICLE 65.- OFFENSES CONTEST. Exists

actions or omissions that offend one or more subjects

Contest of crimes when one (1) or several

and they violate the same criminal precept or precepts of the same

actions or omissions and two (2) or

or similar nature, should be punished as the author of

more legal regulations.

a crime or misdemeanor continued with the penalty indicated for
the most serious offense to be imposed in its half

ARTICLE 66.- ROYAL CONTEST. There is a real contest
when the same subject performs two (2) or more actions or

higher, being able to reach a higher penalty in a
third (1/3).

omissions and thereby infringes the same criminal law several
times or several criminal regulations.
The guilty of two (2) or more crimes or misdemeanors are imposed
all the penalties corresponding to the offenses committed
for its simultaneous fulfillment, if possible, attended

When in fraud or scam the agent obtains various
amounts of money to the detriment of a group of people
indeterminate, the fact must be estimated as a whole as a
only crime, taking as the amount of property damage
the one made up of the global amount of the defrauded.

the nature and effects of the same.
The mass offense is applied when when being considered
If the penalties imposed for the various offenses cannot

individually the set of infractions, these by themselves

be fulfilled simultaneously, the order of their

they do not constitute a crime by reason of their amount. If every fact

respective severity for its successive fulfillment.

it is by itself constitutive of a crime if the provisions are made
in the second paragraph of this article.

Notwithstanding the provisions of the preceding paragraph, the maximum
compliance is determined by three times the time

In the case of mass crime, the penalty is set taking into account

duration of the most serious of the penalties imposed, which does not

the total damage caused, the penalty may be increased

it may exceed thirty (30) years.

resulting in two thirds (2/3).

In the event that any of the crimes for which there is

They are exempted from what is established in the paragraphs

precedents, offenses to eminently personal property,
the guilty party has been sentenced for more than twenty (20) years, the maximum
effective execution of the sentence is forty (40) years.

except for violators of honor and liberty and indemnity
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sexual, affecting the same taxpayer. In these cases,

to)

If there are no aggravating circumstances or

the nature of the fact and the rule infringed will be taken into account

mitigating, the penalty is set within the framework

to apply or not the criminal continuity.

established for the crime in question in attention
to the personal circumstances of the offender and
the greater or lesser seriousness of the fact;

SECTION IV
INCREASE OR DECREASE IN FRACTIONS
b)

AND AMENDING CIRCUMSTANCES OF THE

If only one (1) or two (2) circumstances concur
aggravating and no mitigating, the penalty is applied

CRIMINAL LIABILITY

mean up to the maximum limit;
ARTICLE 69.- INCREASE OR DECREASE IN
c) If only some extenuating circumstance occurs,

FRACTIONS OF THE PENALTY. The extent of the penalty

imposes average penalty, up to the minimum limit;

increased or decreased in fractions to that provided by the
Law, is set according to the following rules:
1)

d)

The penalty increased by a certain fraction,

When there are several extenuating circumstances,

is formed starting from the maximum figure indicated in

and no aggravating penalty is applied at its limit

the Law for the crime in question by increasing the

minimum;

corresponding fraction, constituting the sum
and)

resulting in its maximum limit. The minimum limit of the

When there are several aggravating circumstances
and no mitigating penalty is applied in its limit

penalty increased by a certain fraction will be

maximum; Y,

the maximum of the penalty indicated by the Law for the
crime in question; Y,

F)

When extenuating circumstances and
aggravating factors offset each other for

two) The penalty decreased by a certain fraction

individualization of the sentence. In this case I do not know

is formed starting from the minimum figure indicated by

he must impose the maximum or the minimum of the penalty.

the Law in the crime in question and decreasing
2) Once the rules of the literals have been applied

the corresponding fraction, constituting the

above, the competent Jurisdictional Body

result of this deduction your minimum limit.

will fix the exact duration of the

The maximum limit of the penalty decreased by one

grief, in view of personal circumstances

determined fraction will be the minimum of the penalty

of the culprit and to the greater or lesser severity of the

indicated by the Law for the crime in question.

done.

ARTICLE 70.- CONCURRENCE OR ABSENCE

3) In reckless crimes the Jurisdictional Body

OF AMENDING CIRCUMSTANCES OF THE

competent authority must impose the penalty within the

CRIMINAL LIABILITY. The Jurisdictional Body

minimum and maximum of the penalty, according to the

competent person must motivate individualize the duration

severity of recklessness; Y,

of the penalty to be imposed, subject to the following rules:
4) In the offenses the competent Jurisdictional Body
1)

In fraudulent crimes, the Jurisdictional Body

can travel the full extent of grief, without

competent shall determine the penalty within the maximum

conform to the rules of the previous numerals,

and the minimum that the Law indicates to the crime, taking

taking into account the personal circumstances of the

into consideration the following rules:

guilty and the seriousness of the fact.

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ARTICLE 71.- INHERENCE OF THE

the antecedents canceled or that should be.

CIRCUMSTANCES. The rules of the previous article do not

In the same way, the

are applicable to extenuating or aggravating circumstances that

criminal record corresponding to crimes

the Law has provided for the crime in question, or those that

that due to their nature or circumstances lack

are so inherent to the crime that without the concurrence
one of them could not be committed.

of significance in relation to the crime tried.
3)

That there is no danger of criminal repetition,

ARTICLE 72.- COMMUNICABILITY OF THE

the view of the characteristics of the event and the

MODIFYING CIRCUMSTANCES OF THE

personal circumstances of the author; Y,

CRIMINAL LIABILITY. The circumstances
aggravating or mitigating factors related to the material execution of the

4)

That civil liability is not deducted from the fact

crime or the means used to carry it out are only

or the one that originated has been satisfied and

applicable to those who have had knowledge of the
same at the time of the action or their contribution to the

declared in executive order, except that the Body

crime.

interested parties and the Public Ministry (MP), declare

Aggravating or mitigating circumstances consisting of

the total or partial impossibility of the subject

any cause of a personal nature are only applicable to
those in whom they concur.

deal with them.

When the inducer or the accomplice do not concur
the conditions, qualities or personal relationships that
substantiate the guilt of the author, the
penalty prescribed by law for the crime in question reduced
by one third (1/3).

Competent jurisdiction, after hearing the

The suspension period is two (2) to five (5) years. The
Competent Jurisdictional Body must fix it, having attended the
personality of the prisoner, the circumstances of the act and the
duration of the sentence to be imposed.
When the competent Jurisdictional Body agrees on the

CHAPTER III

suspension of the judgment must abstain from dictating the part
operative of the sentence, without prejudice to fix in order

SUBSTITUTE FORMS OF EXECUTION OF THE
PENALTY AND PAROLE

executive civil liability as appropriate, leaving the
Suspension conditional on the offender not committing another offense
during the period indicated. The Jurisdictional Body

SECTION I
SUSPENSION OF JUDGMENT

competent authority may also condition the suspension to the
compliance with one or more of the regulatory measures
freedom of Article 84 of this Code or of the

ARTICLE 73.- SUSPENSION OF THE JUDGMENT. The organ

permanent location for a time that cannot exceed

Competent jurisdiction can suspend in a motivated way

of the penalty that would have corresponded to him for the criminal act

the ruling of the convictions to penalties other than

task.

serious, meeting the demands of general prevention and
special, provided that the following conditions are met:

If the offender commits a crime during the fixed suspension period, the
Competent Jurisdictional Body must revoke the suspension

1)

two)

That the act should not be sanctioned

and proceed to pronounce the ruling, without the convicted

with a penalty of more than two (2) years, whichever

can benefit, where appropriate, from the suspension rules of

whatever its nature.

the execution of the sentence or its replacement.

That it is the first time that the accused commits a crime.

If the prisoner violates during the suspension period the

For this purpose, the

obligations or duties imposed, the Jurisdictional Body

previous reckless crime convictions or

competent authority, after hearing the parties, may:
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1)

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Replace the measure of conduct imposed by another

ARTICLE 75.- REPLACEMENT OF THE PENALTY OF

different;

PRISON FOR EXPULSION FROM THE TERRITORY
NATIONAL. The prison sentence of less than three (3) years

two)

Extend the suspension period, without any

imposed on a foreigner can be substituted in the sentence

case may exceed seven (7) years; Y,

by the expulsion from the national territory, provided that it does not
have a criminal record in the national territory and no longer be

3)

Revoke the suspension of the judgment and proceed to its

that the competent Jurisdictional Body, in a reasoned manner
pronouncement, if the breach is repeated,
with the same consequences provided for in the
previous paragraph.
After the suspension period has elapsed, the
established conditions, the competent Jurisdictional Body
will agree to definitively nullify the sentence.
SECTION II

and after hearing the convicted person, the Public Ministry (MP)
and of the parties, appreciate reasons that justify
serving the sentence in an establishment
penitentiary in Honduras. For these purposes, the
takes into account the interests of the victim, the danger of repetition
criminal offense or reincorporation of the convicted person to a criminal group
organized or possible frustration of prevention purposes
overall worth.

PENALTY REPLACEMENT
Prior to applying this sanction, the convicted person can compensate the damage.
ARTICLE 74.- REPLACEMENT OF THE PENALTY OF

committed to the victim.

PRISON. The competent Jurisdictional Body may
substitute for weekend detention, house arrest
or fine, after hearing the parties and in the same
sentence or later in a reasoned order before giving
start of execution, the prison sentence that individually
or added to others, does not exceed five (5) years when
the personal circumstances of the offender, the nature of the
fact, their conduct and, in particular, the effort made to

The expulsion entails the prohibition for the re-entry of the
sentenced in the national territory, for three times the time
of the substituted prison sentence, counted from the date of
their expulsion. If he returns in this term he will serve the sentence
prison that would have been replaced, without prejudice to
criminal responsibility for the crime of breach of
sentence.

repair the damage caused so advised, as long as it is not
try habitual convicts. Every week in prison must be
replaced by detention of two (2) weekends and each
day of imprisonment for two (2) fine installments or for one (1) day of
house arrest.

At the time of the replacement of the penalty for the expulsion of the
national territory should be considered as a matter of right,
the compensation of damages and prejudices on the part of the
offends and that the competent Jurisdictional Body in a manner
discretionary can give you this benefit.

When the prison sentence does not exceed six (6) months, the
Competent Jurisdictional Body can also substitute

ARTICLE 76.- REPLACEMENT OF THE PENALTY OF

this penalty for permanent location. Every day in prison

WEEKEND DETENTION. The organ

equates to two (2) days of permanent location.

Competent court, with prior consent of the convicted person,
can replace the weekend detention sentence that is not

When the replacement is agreed, the Jurisdictional Body

is less serious, for a fine or public utility services or

The competent authority may also impose the observation of one or

to the victims, as long as they are not habitual offenders.

several of the measures regulating freedom provided for in

In this case, each weekend stop is replaced by

Article 84 of this Code, for a time that should not

four (4) quotas of fine days or two (2) work days

exceed the duration of the substituted sentence.

of eight (8) hours each.

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The competent Jurisdictional Body may also impose

convictions for reckless crimes or misdemeanors,

to the convicted one or some of the regulatory measures of the

nor the canceled antecedents or that

freedom provided for in Article 84 of this Code.

they should be. Neither are the
criminal record corresponding to crimes

ARTICLE 77.- MODIFICATION OR REVERSAL

that due to their nature or circumstances lack

OF THE REPLACEMENT. In no case can they be replaced

of significance in relation to the crime tried;

penalties that are substitutes for others.
3)

That there is no danger of criminal repetition of the

The competent Jurisdictional Body will agree on the execution

convicted, in view of the characteristics of the fact and

of the substituted penalty, discounting, where appropriate, the part of the

the personal circumstances of the author; Y,

time that has been fulfilled in accordance with the rules of
conversion respectively established in the articles

4)

above, when any of the following conditions are met:

That the prisoner has satisfied, in his case, the
civil liabilities derived from the fact

1)

criminal, unless the Jurisdictional Body

Commission of a new fraudulent criminal act;

competent, after hearing the interested parties and the
two)

Breach, in whole or in part, of the penalty of

Public Ministry (MP), declare exceptionally

replacement; or,

the total or partial impossibility of the subject doing
in front of them.

3)

Repeated non-compliance with the measure or measures
regulators of freedom that would have been

The suspension is conditional on the convict not returning to

tax.

commit a crime within a period of five (5) years, to be set by the
Competent Jurisdictional Body, after hearing the

The competent Jurisdictional Body may modify, to
petition of the prisoner and heard the Public Ministry (MP), the

parties, taking into account the personal circumstances of the
characteristics of the fact and the duration of the sentence.

regulatory measures imposed on the offender, when so
advise the variation of personal circumstances.

The competent Jurisdictional Body, when ordering the suspension,
may also impose one or more of the measures

SECTION III
SUSPENSION OF THE EXECUTION OF THE PENALTY
ARTICLE 78.- CONDITIONAL SUSPENSION OF
THE EXECUTION OF THE PRISON PENALTY. The organ
Competent court may justifiably agree on the
conditional suspension of the execution of the prison sentence,
when the following requirements are met:

regulating liberty established in Article 84 of the
this Code, during the trial period.

The conditional suspension of the execution of the prison sentence
does not extend to accessory penalties and other effects of the
sentence. Nor does it exempt from civil liabilities
derived from the crime, even when they have not been satisfied in
insolvency case.

1)

That the penalty, individually considered or
added with others, does not exceed five (5) years of

ARTICLE 79.- BREACH OF THE RULES

deprivation of freedom;

OF THE SUSPENSION. The competent Jurisdictional Body
will let the offender know the conditions and the term to which he is submitted

the suspension of the execution of the prison sentence, which is
two) That it is the first time that the convicted person commits an offense.
For this purpose, the above are not taken into account

will be recorded in the record.
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The competent Jurisdictional Body may modify, to

fifteen (15) years. If the sentence is to prison

petition of the prisoner and heard the Public Ministry (MP), the

more than fifteen (15) years and less than thirty (30)

regulatory measures imposed, when the variation of their

years, the prisoner must have completed two thirds

personal circumstances so advise.

(2/3) of the penalty. If the penalty exceeds thirty
(30) years, parole not applicable

If the subject commits a crime during the suspension period

until thirty (30) years of

established, the competent Jurisdictional Body will revoke the

effective execution of the sentence;

suspension of the execution of the sentence; Y,

2) The prisoner has observed good conduct in the
prison establishment;

If the subject infringes during the established suspension period

3) There is a favorable prognosis for reintegration

the obligations or duties imposed, the Jurisdictional Body

Social; Y,

The competent authority may, after hearing the parties and according to the

4) The prisoner has satisfied, where appropriate, the

cases:
1)

Replace the measure of conduct imposed by

civil liabilities derived from the fact

a different one;

criminal, unless the Jurisdictional Body
competent, after hearing the interested parties and the

two)

Extend the suspension period, without

Public Ministry (MP), declare exceptionally

no case may exceed five (5) years; Y,

the total or partial impossibility of the subject doing
in front of them.

3)

Revoke the stay of execution of the sentence
if the breach were repeated.

The competent Jurisdictional Body, in the resolution that
you grant parole, you can motivate

ARTICLE 80.- EFFECTS OF THE SUSPENSION OF THE

impose the subject during the period of probation

EXECUTION OF THE PENALTY OR ITS REVOCATION.

one or some of the regulatory measures of freedom to

Once the suspension is revoked, it must be ordered by the Organ
Competent jurisdiction the execution of the sentence, without
Penalty replacement rules may apply

referred to in Article 84 of this Code.
The probation period lasts for as long as you
the subject is absent to serve the sentence. If in that period

in this Code.

the convicted person commits a new fraudulent crime or violates the
After the suspension period has elapsed, without the subject having

regulatory measures of freedom imposed, the Body

re-committed and complied with, where appropriate, the measures

Competent court will revoke the freedom granted and the

conduct regulations established by the Jurisdictional Body

subject will re-enter prison to serve the part of the sentence
competent authority, the latter shall agree to the definitive remission of the sentence.
that had been stopped running, from which it can be discounted
up to three-quarters (3/4) of the time spent in freedom.

SECTION IV
CONDITIONAL FREEDOM

Once the parole period has elapsed without the
ARTICLE 81.- PAROLE. Judge

subject has committed a new fraudulent or unfulfilled crime

Execution may grant the offender the benefit of the

the regulatory measures of freedom imposed, it will be

parole provided the circumstances exist

for extinguished the penalty.

following:
This regime is not applicable to convicts who have been
1) The prisoner has served half (1/2) of the sentence

for your participation in an organized criminal group, except

imposed in cases of imprisonment of up to

if they collaborate directly and effectively to prevent other

TO.

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organized crime offenses preventing their realization

ARTICLE 84.- REGULATORY MEASURES OF THE

LIBERTY. In the cases expressly provided in
or providing or obtaining evidence from others already committed and after
this chapter, the competent Jurisdictional Body attending
meet the requirements referred to in this article.
the nature of the act committed and the needs of
social rehabilitation of the subject, may impose some or
some of the following measures:

ARTICLE 82.- EXCEPTIONAL REGIME OF THE
CONDITIONAL FREEDOM. Notwithstanding the provisions
in the previous article, the convicts who have reached the age

1) Prohibition of going to certain places;

of seventy (70) years or fulfill it during the extinction of the
condemn and meet the circumstances required in paragraph 1)

2) Prohibition to approach or communicate with

of the previous article, except for having extinguished half

the victim, their family members or others who
determine the competent Jurisdictional Body;

(1/2) of the penalty imposed or, where appropriate, two thirds (2/3),
can get parole as long as they don't
would have been sentenced to a sentence greater than twenty (20)

3) Prohibition of being absent from the place where

years in prison.

resides without authorization of the Jurisdictional Body
competent;

The same criterion will be applied in the case of very sick
serious diseases with incurable ailments, a circumstance that has

4) Obligation to appear periodically before the

to be accredited after the practice of the corresponding

Jurisdictional body competent to report
of their activities and justify them;

medical reports issued by professionals of the System
Public Health.

5) Participation in training programs, work,
Exceptionally, once circumstances 2, 3 and 4 have been fulfilled

cultural, traffic education, sexuality and counseling
family;

of the previous article, the competent Jurisdictional Body,
can grant conditional release to the sentenced person
imprisonment of no more than ten (10) years, which has extinguished

6) Undergo outpatient treatments

one third (1/3) of the sentence, as long as it is a criminal

psychological, psychiatric and detoxification;

primary and never had the failure of the
7) Suspension of the right to drive vehicles

conviction or execution of the sentence.

automobiles, aircraft and boats;
This regime is not applicable to convicts who have been
8) Suspension of the right to possession and bearing

for his participation in an organized criminal group.

weapons and explosives; Y,

SECTION V

9) Carrying a shackle or electronic devices.

COMMON PROVISIONS
ARTICLE 83.- HABITUAL INMATE. For the purposes of this
chapter is a habitual criminal who incurs a new crime having

In no case may the content of the regulatory measures
attempt against the dignity of the convicted person.

already been convicted of two (2) or more crimes of the same

TITLE V

nature and within a period of five (5) years from

SECURITY MEASURES

of the conviction.

CHAPTER I
To perform the computation, the moment of the possible

SECURITY MEASURES

suspension of the judgment or suspension or replacement of the sentence
and the date of the commission of the crimes on which the

ARTICLE 85.- BUDGETS AND LIMITS

habituality.

ABOUT SECURITY MEASURES. The measurements of
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security are applied by the competent Jurisdictional Body

4)

Put the execution of the measure on hold

to the people who are in the foreseen assumptions

in view of the result already obtained with your

in the next chapter, only when these

application, for a period not exceeding the remaining

two (2) circumstances:

up to the maximum indicated in the sentence that the
imposed. The suspension is conditional on
the prisoner does not commit another offense during the term

1) The subject has committed an act foreseen as

fixed and may be rendered ineffective if again
crime or misdemeanor; Y,

any of the circumstances is proven
provided for in Article 85 of this Code.

2) Of the fact and personal circumstances
from the subject, a prognosis of
future probability behavior of
commission of new crimes.

For these purposes, the competent Jurisdictional Body
present, at least once a year, a proposal for
maintenance, termination, replacement or suspension of the measure
of custodial security or the measure of liberty
monitored, assessing the reports issued by the doctors or

The security measure should not be more burdensome or

professionals who assist in the fulfillment of said measures.

longer than the penalty that would have been applicable to the

In all other cases, the competent Jurisdictional Body

fact committed, nor exceed the limit of what is necessary to
prevent the dangerousness of the subject. When the pain there was

present, where appropriate, the corresponding proposal at the hearing
of the reports on the evolution of the prisoner, their degree of
rehabilitation and prognosis of recidivism.

could be imposed by the fact committed is not exclusive
freedom, the competent Jurisdictional Body may only

ARTICLE 87.- CLASSES OF MEASURES OF

impose one or more of the non-exclusive measures of

SAFETY. The security measures that can be
imposed in accordance with this code are exclusive and not

Liberty.

custodial of liberty.
ARTICLE 86.- REVIEW OF THE MEASURES.

1) The custodial measures are:

During the execution of the sentence the Jurisdictional Body
competent authority, through a contradictory procedure, may:

1)

a) Internment in a psychiatric center;

b) Internment in a detoxification center; Y,

Maintain the execution of the security measure
imposed;

c) Internment in a special educational center.
two)

Agree on the termination of the security measure

2) The non-custodial measures are:

imposed as soon as the danger disappears
criminal of the convicted person;

3)

a) Submission to outpatient treatment;
b) Professional disqualification;

Substitute a security measure for another that
is considered more appropriate, among those planned for

c) The deprivation of the right to drive vehicles
motor and mopeds;

the case in question; Y,
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d) The deprivation of the right to tenure and
carrying weapons and explosives;
e) Family custody;

your legal representation, provided that sufficient
performance guarantee.
ARTICLE 89.- OUTPATIENT TREATMENT. The
Competent Jurisdictional Body, in view of the reports of

f) The prohibition of residence;

physicians, can substitute internment in any
moment for submission to outpatient treatment in a

g) The prohibition to go to certain
places;

public institution or impose such treatment from the
principle, provided that sufficient guarantee of
compliance.

h) Submission to training programs,
cultural, educational-professional, educational
sexual and the like;
i) The guarantee of good conduct;
j) Probation; Y,

ARTICLE 90.- PROFESSIONAL DISMISSAL AND
PRIVACY OF RIGHTS. The Jurisdictional Body
competent authority can impose the disqualification measure
professional or deprivation of rights to possession and bearing
weapons and explosives or to drive motor vehicles,
aircraft and boats, for a maximum time of fifteen

k) The expulsion of foreigners.

(15) years, when the act committed was related
with the exercise of the profession, the position or with any of those

The person subjected to non-exclusive security measures

Rights.

liberty or whoever assumes its custody are obliged to establish
before the competent Jurisdictional Body the address that

Exceptionally, the deprivation of tenure rights

will have that one. Any change to this must be communicated

and carrying weapons and explosives or the right to drive

to the competent Jurisdictional Body for authorization,

motor vehicles, aircraft and vessels can

providing the due justification.

be definitive.

ARTICLE 88.- THE INTERMISSION. The organ

ARTICLE 91.- FAMILY CUSTODY. The measure of

Competent court shall set in sentence the maximum limit

family custody can be imposed for a maximum period of time

of the internment measure according to the budgets

five (5) years.

and limits established in this chapter.
The subject to this measure is subject to the care and vigilance
The internment measures are carried out in establishments
of the national penitentiary system. If it did not exist
adequate establishment for the fulfillment of the measure,
depending on their nature, they will be fulfilled in annexes or sections
of a penitentiary establishment duly

of the designated family member or guardian, provided that
accept custody, the exercise of which will be carried out under the
control of the Execution Judge, with the obligation to submit them
to the appropriate treatment and to report periodically, all
this without detriment to school or work activities
of the custodian.

conditioned for it.
ARTICLE 92.- PROHIBITIONS. The organ
Exceptionally, the competent Jurisdictional Body may

Competent jurisdiction may impose the prohibition of

authorize that the internment measures be carried out

reside in the place or territory designated, or go to

in private centers at the expense of the prisoner or person who assumes certain places for a maximum period of five (5) years.
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To ensure compliance, means can be used

3)

electronic

The one to communicate immediately and through the medium
indicated by the competent Jurisdictional Body
To this end, each change of the place of residence or

ARTICLE 93.- SUBMISSION TO PROGRAMS OF

of the place or position of work;

TRAINING TYPE . The competent Jurisdictional Body
may impose the measure of submission to programs of

4)

The prohibition of being absent from the place where you reside

formative, cultural, educational-professional, education type

or a certain territory without authorization from the

sexual or similar, for a period of up to five (5) years,

Competent Jurisdictional Body;

provided they are related to criminal dangerousness
of the subject. In no case can the content of the measure

5)

The prohibition of approaching the victim or
those of your relatives or other people who

attempt against the dignity of the prisoner.

determine the competent Jurisdictional Body;
ARTICLE 94.- CAUTION OF GOOD CONDUCT.
The good conduct bond consists of the guarantee

6)

with those of your relatives or other people who

personal, mortgage, pledge or depository, loaned

determine the competent Jurisdictional Body;

to the satisfaction of the competent Jurisdictional Body for
the term that corresponds to the duration of the sentence
was applicable to the act committed, so that

The prohibition to communicate with the victim or

7)

The prohibition to go to certain territories,
places or establishments;

the subject does not commit new punishable acts and complies with
the obligations or prohibitions imposed by the Body

8)

The prohibition to reside in certain places;

9)

The prohibition to perform certain

Competent jurisdiction related to its dangerousness
criminal, without in any case its content threatening
the dignity of the convicted person.

activities that can offer or facilitate the
occasion to commit criminal acts of similar

The surety becomes effective in favor of the State when

nature;

the beneficiary incurs a new crime or breaches the
obligations or prohibitions imposed. In another case,

10)

The obligation to participate in programs

end the period indicated for its fulfillment, we will proceed

formative, labor, cultural, educational

to revoke the surety.

sexual or other similar; Y,

ARTICLE 95.- MONITORED FREEDOM. Freedom

eleven) The obligation to follow medical treatment
external or undergoing a medical check-up

monitored consists of submitting the prisoner to control

newspaper, with your consent.

judicial through compliance with one or more of the
following measures:

The competent Jurisdictional Body must impose in the
sentence the measure of probation for compliance

1)

two)

26

The obligation to always be reachable

immediately after the custodial sentence

using electronic devices that allow their

imposed, when expressly provided by this

permanent monitoring;

Code.

The obligation to appear periodically at

To this end, at least two (2) months before the expiration of

the place that the competent Jurisdictional Body

the custodial sentence, the Execution Judge will raise the

establish;

timely proposal to the competent Jurisdictional Body, which,

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in accordance with this procedure, it will specify the content

can modify, by a contradictory procedure, the

of the measure setting the obligations or prohibitions of the

obligations or prohibitions imposed. If the breach

first paragraph of this Article, which must be observed

It is repeated or serious, revealing of the will not to submit

the convict.

to the obligations or prohibitions imposed, the Body
Competent court will also deduct the responsibility

If the subject has been sentenced to several prison sentences

that may correspond for the crime of breaking

freedom that must successively comply with the provisions of the

sentence.

previous paragraph shall be understood to refer to the moment in which

CHAPTER II

complete compliance with all of them.

APPLICATION OF MEASURES
OF SECURITY

If the probation measures imposed by various
Offenses involve obligations or prohibitions that cannot be
be executed simultaneously, they will be fulfilled successively,
without prejudice to the fact that the competent Jurisdictional Body to
request of the Public Ministry (MP) exercise the powers

ARTICLE 97.- DANGEROUS STATES. The organ
Jurisdictional may impose the unimpeachable subject that has
committed a criminal act a security measure of
internment, if necessary or any other or other of
non-custodial measures, in accordance with the

following:

limits and budgets established in the previous chapter.
1)

Modify the obligations and

The competent Jurisdictional Body may impose on the subject

imposed prohibitions;

unimpeachable who has committed a criminal act, in addition to the

two) Reduce the duration of probation or

corresponding penalty, any of the measures provided for in

even put an end to it at the sight of a

Article 87 of this Code, in accordance with its limits

positive prognosis of reintegration that considers

and application budgets. In this case, for your application

unnecessary or counterproductive the continuity of

It is what the following Article provides.

the obligations or prohibitions imposed; Y,
The competent Jurisdictional Body may impose on the
3)

Cancel the measure when in the beginning

chargeable subject, for whom there is a prognosis of

of execution of the same circumstance

future behavior of criminal repetition, the measure

described in the previous numeral.

of probation in those crimes in which it is thus provided
expressly, for immediate subsequent fulfillment

ARTICLE 96.- BREACH OF THE

to the penalty in accordance with the provisions of Article 95 of the

SECURITY MEASURES. The breaking of a

this Code.

internment security measure leads to re-entry
of the subject in the same center from which it has escaped or

ARTICLE 98.- CONCURRENCE OF PENALTIES AND

another that corresponds to your state.

SECURITY MEASURES. Except as provided in the paragraph
third of the previous Article of this Code, in case of

If other measures are violated, the Jurisdictional Body

concurrence of penalties and security measures exclusive to

competent authority may agree to replace it with that of

freedom, the competent Jurisdictional Organ will order in

internment, if it is foreseen for the assumption that

first compliance with the measure to be paid

try and the brokenness evidences your need.

for the one with grief. Once the security measure is fulfilled,
the competent Jurisdictional Body may suspend the

If it is the security measure of probation and it is

compliance with the rest of the sentence for a period not exceeding

fail to comply with one or more obligations, the Jurisdictional Body

to the duration of the same, if with its execution they were put in

competent, in view of the concurrent circumstances,

danger the effects achieved through the measure.
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ARTICLE 99.- MONITORING OF MEASURES OF

committed within the scope of an organized criminal group.

SAFETY. The execution of security measures

For these purposes, it will be understood that it comes from the activity

corresponds to the Penitentiary System. And supervising your

criminal assets of those convicted of these crimes

Compliance is the responsibility of the Execution Judge.

whose value is disproportionate to income
legally obtained by each of these people.

ARTICLE 100.- MENTAL DISORDER
SURVIVAL OF THE PENALTY. When after
pronounced and that the sentence is final and, the prisoner suffers

Third parties in good faith are not considered to be those who have

a lasting situation of mental disorder, the Organ

acquired, even free of charge, knowing that the

Competent court will suspend the execution of the sentence

They come from a criminal activity, with the purpose

deprivation of liberty that has been imposed, being able

to cover up its illicit origin or to help whoever is involved

agree to the imposition of an internment measure that

in said activity. Nor is a third party in good faith considered

in no case can it be more burdensome than the substituted penalty.

who should have known that the transmission

If it is a penalty of a different nature, the Body
Competent court must assess the situation of the prisoner
and, where appropriate, suspend the execution imposing the measures
non-custodial security that it deems necessary.

patrimonial purpose was to conceal the illicit origin of the good or
avoid its confiscation, based on specific circumstances such as
its acquisition free of charge or in exchange for an amount
significantly lower than the market price.

Once the prisoner's health is restored, he will serve the sentence unless
had prescribed, without prejudice to the fact that the Jurisdictional Body If for any reason the confiscation is not possible
competent for equity reasons can terminate it

of the product or effects from the criminal act,

or reduce its duration, to the extent that its fulfillment

the confiscation of other property will be agreed for an amount

It may be unnecessary or counterproductive.
TITLE VI
ACCESSORY CONSEQUENCES

equivalent to the economic value of the same.
Provided that the illicit patrimonial situation is proven in
a contradictory process and the subject has been charged or
accused of the crime, the planned confiscation can be agreed

ARTICLE 101.- THE COMMITTEE. Any penalty for a crime

in the previous paragraphs even when no penalty is imposed

fraudulent and subject to the provisions of Article 73 of the

to any person, based on any of the circumstances

Constitution of the Republic, carries with it the loss of
the instruments or means with which it has been committed, as well

following:

as well as the effects and profits from it,
whatever transformations it may have

1) Because the subject is in default or suffers a

suffer and except for the right that the victim has over them

chronic illness that prevents prosecution and

or third parties in good faith who have acquired them legally.

there is a risk that the facts may prescribe; Y,

In the event that the goods proceeds of the crime had been
intermixed with other lawful ones, the confiscation will reach up to the

2) Because the subject is exempt from criminal responsibility

Estimated economic value of the intermixed product.

The confiscation will be extended to instruments, goods, effects or
proceeds from crimes of terrorism, corruption

or because it has become extinct.

The assets, instruments and profits seized by

of Chapters I to VI of Title XXVII of Book II of the

firm resolution, except that they must be used for the payment of

this Code, drug trafficking, human trafficking,

compensation to victims must be awarded to the

money laundering and criminal activities in general

State that will give them the destination that is legally available.

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TITLE VII
RESPONSIBILITY OF PEOPLE
LEGAL

also applies to founders, administrators or
representatives taking advantage of a state institution
to avoid any criminal responsibility.

ARTICLE 102.- LEGAL PERSONS

ARTICLE 104.- PENALTIES TO PEOPLE

PENALLY LIABLE. In the assumptions

LEGAL. The penalties applicable to legal persons

provided for in this Code, legal entities are

They are:

criminally responsible for malicious crimes committed
in the name or on behalf of them and for their benefit, by

1)

The fine, by installments or proportional. The fine for

their legal representatives or administrators in fact or of

quotas have a maximum extension of two thousand

right.

(2000) days, unless expressly provided
otherwise in this Code. Every installment

The concurrence, in the people who have materially

daily has a minimum value of Two hundred

made the facts, circumstances that affect the

Lempiras (L.200.00) and a maximum of Fifty Thousand

guilt of the accused or aggravate his responsibility or, the
fact that said persons have died or have been
withdrawn from the action of justice, will not exclude or modify the
criminal liability of legal persons, without prejudice
of what is provided in the following Article. Of the same

Lempiras (L50,000.00), but in no case the
fine must be less than Fifty Thousand Lempiras
(L.50,000.00). For setting the number of
quotas the competent Jurisdictional Body

even if the legal entity ceases to exist before relapsing

will attend exclusively to the seriousness of the crime and

final judgment, will not exclude criminal liability of

for the determination of the amount of each of

natural people.

those will take into account the economic situation

The criminal liability of natural persons is
independent of that corresponding to legal persons,
but in relation to the pecuniary penalties if for the size
of the legal person the accumulation of both will result
disproportionate, the competent Jurisdictional Body
modulate them to avoid disproportionate punishment.

of the legal person.
The proportional fine is set according to the damage
caused, to the benefit obtained or that would have been
been able to obtain, to the value of the object or to the quantity
defrauded or improperly obtained. In this
last case, when calculation is not possible in
ARTICLE 103.- LEGAL PERSONS WHO DO NOT

based on these concepts, the Jurisdictional Body

THEY ARE PENALLY LIABLE. Provisions

competent authority will motivate the impossibility of proceeding

relating to criminal liability of legal persons not

to such calculation, substituting the fines provided for by

are applicable to the State, to international organizations

the following:

of Public Law, nor to those other entities that exercise
public sovereign or administrative powers, when

a) A fine of seven hundred (700) to two thousand (2000) days,

deal with state trading companies that implement policies

if the crime committed by the natural person has

public or provide services of general economic interest, to

foreseen a prison sentence of more than five (5)

exception when dealing with crimes against Security

years;

Social. Also excluded from criminal responsibility are
legal persons whose annual turnover in the preceding year

b) A fine of four hundred (400) to one thousand (1000) days,

the commission of the crime has not exceeded Three Million

if the crime committed by the natural person has

of Lempiras (L.3,000,000.00).

foreseen a prison sentence between two (2) and five

However, when a natural person uses persons

(5 years; Y,

to commit a crime, these must be sanctioned
last for the crime or crimes committed if the
conditions set out in the preceding article. The above

c) A fine of two hundred (200) to six hundred (600) days,
in the remaining cases.

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two)

3)

Suspension of specific activities in the

of the activity carried out by it; or, b)

that the crime occurred, for a period that cannot

That the entity develop a public service or

exceed five (5) years;

public utility whose interruption could cause
considerable damage to the community.

Closure of the premises and establishments that
were used to carry out the crime, for a

In any case, the imposition of the penalties to which it refers

term that cannot exceed five (5) years;

the previous numeral will require, of the judicial resolution in which

4) Prohibition of future activities
specific in whose exercise it has been committed,
favored or concealed the crime;
5) Disqualification from obtaining grants and aid

are imposed, a double motivation or additional justification,
its imposition being conditioned to a specific valuation
on:
1) Your need to prevent continuity of
criminal activity or its effects;

public, to contract with the public sector and to
enjoy benefits and tax incentives or the
Social Security, for a period that cannot exceed

2) The economic and business consequences for
the legal person; Y,

fifteen (15) years old;
6) Judicial intervention to safeguard rights

3) The economic, social and labor impact of your
adoption.

of workers or creditors by the
time deemed necessary, without exceeding
five (5) years. The intervention can be total
or partial, will have the content that is set in the
judicial resolution and may be modified by the

POTESTATIVE PENALTIES. In those cases in which
the specific type of the special part is recognized by the Body
Competent jurisdiction the power to impose some
other main penalties, in addition to those expressly provided

Competent Jurisdictional Body, both material

in the first place for the crime in question, only

as temporarily, in response to the reports

those whose material content has

periodically carried out by the auditor and the

direct relationship with the crime committed.

Public Ministry (MP). The exercise of the function
the controller shall be regulated by regulation; Y,

In any case, the imposition of these optional penalties
will require double motivation or justification in addition to that

7) Dissolution of the legal entity. The dissolution the
legal person produces the definitive loss of its

refers to numeral 7) of this article and the conditions
particular that are required for the application of each penalty.

legal personality, as well as its capacity to
act in any way in the legal traffic or the
to carry out any kind of activity, even if
be lawful. In this case and to guarantee the
workers' rights and protect interests

ARTICLE 105.- ATTENUATING CIRCUMSTANCES
FOR LEGAL PERSONS PENALLY
RESPONSIBLE. Extenuating circumstances are considered
of the criminal responsibility of legal persons having

of the national economy, before dissolving the person

carried out after the commission of the crime and through

legal system, the State may choose to intervene or

of their legal representatives, de facto administrators or of

be subrogated in the ownership of the legal entity

law or other shareholders or members of the legal entity,

condemned to dissolution, if any

any of the following activities:

of the following conditions: a) That they could

1)

Confess the violation to the authorities before

produce significant employment repercussions on the

know that the investigations or the procedure

territory where the entity is located in sight

judicial is directed against her;

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Collaborate in the investigation of the event by contributing of the fact, the circumstances of the legal entity and the
evidence, before the start of the oral trial, that

duration of the sentence to be imposed.

were new and decisive in clarifying the
criminal responsibilities arising from the facts;

When the competent Jurisdictional Body agrees on the
suspension of the procedure and without prejudice to setting in order

3)

Repair or lessen the damage caused by the crime

motivated the civil responsibilities that proceed, the

before the start of the oral trial; Y,

will condition that another crime attributable to the
legal person during the period indicated. The organ

4)

Have established, before the start of the trial
oral, effective measures to prevent and discover the
crimes that in the future could be committed with

Competent jurisdiction may also condition the
suspension of compliance with one or more of the measures
following:

means or under the cover of the legal entity,
by their representatives or administrators.

1) Making organizational changes in the person
that minimize the risk of repetition

The concurrence of extenuating circumstances allows the

criminal;

Competent Jurisdictional Body, according to its number
and intensity, impose the penalty up to its minimum limit. Not

2) Implementation of prevention programs

mediate extenuating circumstances, the Jurisdictional Body

crime and the corresponding mechanisms;

competent will impose the penalty in attention to the circumstances
3) Renunciation of the realization, by the person

of the fact and of the legal person.

legal, of certain activities;
ARTICLE 106.- SUSPENSION OF THE PROCE-

4) Dismissal of the responsible executives; Y,

DIMENSION IN CRIMES COMMITTED BY
LEGAL PERSONS. The Jurisdictional Body

5) Judicial intervention, which may include

competent authority can justly suspend the procedure

conducting audits or inspections with cost

against the legal person before the opening of the oral trial,

in charge of the legal person.

the general prevention requirements have been met, provided that
the following conditions are met:
1)

May it be the first time a deed is committed

If another crime is imputed to the legal person during the term
suspension set or failure to comply with any of the measures
imposed, the competent Jurisdictional Body will revoke the

criminal;

suspension and the process will continue until sentencing
two)

That there is no danger of criminal repetition

that proceeds.

the view of the characteristics of the event and the
circumstances of the legal person;

After the suspension period has elapsed, the
established conditions, the competent Jurisdictional Body

3)

That there is no civil liability derived from

will decree the termination of the criminal action.

criminal act or have been satisfied;
4)

TITLE VIII

That the representatives of the legal entity
collaborate with authorities in investigations; Y,

5)

EXTINCTION OF CRIMINAL LIABILITY AND
THEIR EFECTS

That the legal entity recognize its responsibility
in the facts.

ARTICLE 107.- CAUSES THAT EXTINGUISH THE
The suspension period is from two (2) to five (5) years and is set by the CRIMINAL LIABILITY. Criminal responsibility
Competent Jurisdictional Body taking care of the characteristics

it is extinguished by any of the following causes:
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1)

The death of the inmate;

Code already subject to the provisions of articles 57 and
325 of the Constitution of the Republic:

two) The forgiveness of the offended person or of whoever has
their legal representation, in the cases and in the form

1)

At twenty (20) years of age, when the maximum penalty plus

in which the Law provides it;

the half designated to the crime is to prison of fifteen
(15) or more years;

3)

The prescription of the criminal action, the penalty or
of the security measure, declared ex officio or

two)

At fifteen (15) years of age, when the maximum penalty

party request;

indicated by the Law is disqualification for more than
ten (10) years or prison for more than ten (10) and

4)

Amnesty or pardon, in the terms that

less than fifteen (15) years old;

legally established; Y,
3)
5)

At ten (10) years, when the maximum penalty

Serving sentence or referral

indicated by the Law is disqualification or imprisonment

final worth.

for more than five (5) years and not to exceed ten
(10 years; Y,

The transformation of a legal entity does not extinguish
your criminal responsibility, which will be transferred to the entity or

4)

At five (5) years, in the case of other crimes.

entities into which it is transformed. The Jurisdictional Body
competent can moderate the penalty to be served in these

The offenses prescribe six (6) months after their execution.

assumptions, depending on the weight of the legal entity
originally responsible in each of the entities

When the penalty prescribed by law is compounded, it is

affected by the transformation.

for the application of the rules included in the present
Article that requires more time for prescription.

ARTICLE 108.- FORGIVENESS REGIME. The forgiveness

In the cases of contest of infractions or infractions

must be expressly granted before it has been

related, the statute of limitations is that which corresponds to the

passed sentence. In crimes or lack of public action

most serious crime.

dependent on a particular instance, forgiveness will have the
legal effects that are foreseen in each case.

ARTICLE 110.- START OF THE COMPUTATION FOR
THE PRESCRIPTION OF CRIMINAL ACTION. The

When the victim or the offended person is a person under

prescription of the criminal action is computed, except in the

age or disabled, the competent Jurisdictional Body

cases contemplated in Article 325 of the Constitution of

may reject the efficacy of the forgiveness granted by their

the Republic, in the following cases:

representatives, ordering in such case the continuation of the
procedure, with the intervention of the Public Ministry (MP)

1)

From the day the crime was consummated,
its execution is interrupted or the acts are carried out

or the fulfillment of the sentence.

preparatory declared punishable;
To reject the forgiveness referred to in the previous paragraph,
The competent Jurisdictional Body must previously hear the

two)

In continuing crimes and mass crimes, from the
day on which the last event is executed or carried out

representative of the minor or the person with a disability.

the last action;
ARTICLE 109.- PRESCRIPTION OF THE ACTION
PENAL. The criminal action for the commission of a crime prescribes,

3)

In permanent crimes, from the day they are
eliminates the unlawful situation; Y,

except in the cases provided for in Article 116 of this
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In the attempted crime against life, in abortion,

The preceding rules are understood without prejudice to the

malicious injuries, gender violence, crimes

established by the Constitution of the Republic and the laws

against moral integrity, human trafficking,

procedural.

abandonment of minors, crimes against freedom
ambulatory, freedom of determination or
sexual freedom or indemnity, crimes against
home inviolability and privacy, as well as
in crimes against labor rights and
family relationships in which a victim is

ARTICLE 113.- COMPUTING, INTERRUPTION AND
SUSPENSION OF THE PRESCRIPTION OF THE PENALTY.
The term of limitation of the penalty is computed from the day in
that the sentence is final or from the day it occurs
the evasion or, the breach of the sentence in his case.

minor, the terms are computed from
the day it has reached the most

The prescription is interrupted, the time running out

age, and if he dies before reaching it, from

elapsed, when the accused commits another crime of the

the date of death.

same nature.

ARTICLE 111.- INTERRUPTION OF THE TERM

The prescription of the penalty is suspended in the following cases:

OF THE PRESCRIPTION OF CRIMINAL ACTION. The
prescription of the criminal action is interrupted, leaving

1) During the period of suspension of execution

no effect the elapsed time, since it starts

of grief; or,

the criminal procedure against the alleged perpetrator,
starting his computation again since his

2) During the execution of another sentence that

prosecution for any circumstance other than those

makes its simultaneous fulfillment impossible.

legally provide for its suspension.
ARTICLE 114.- PRESCRIPTION OF THE MEASURE
The prescription of the criminal action is suspended in those
cases and for as long as the suspension has been agreed
of criminal prosecution, in accordance with the provisions of
procedural legislation.

OF SECURITY. Security measures prescribe,
according to their respective nature, in the same terms and
conditions than those established for penalties.
When compliance with the security measure is subsequent

ARTICLE 112.- PRESCRIPTION OF THE PENALTY. The

To the one of a penalty, the term is computed from the extinction of this one.

penalty imposed in final judgment prescribes, except in cases
provided for in Article 116 of this Code:

ARTICLE 115.- CIVIL ACTION AND
PRESCRIPTION. The exercise of the action to claim

1)

In a time equal to that of the sentence plus a third

the civil liability derived from the crime does not interrupt the

(1/3), without this period being in any case

prescription of criminal action or penalty.

less than two (2) years, in the case of serious penalties
or corporate penalties or less than one (1) year, if

ARTICLE 116.- CRIMES AND PENALTIES

deals with less serious penalties;

IMPRESCRIPTIBLES. They do not prescribe in any case
following offenses:

two)

In six (6) months, in the case of penalties imposed
for the commission of fouls; Y,

1)

Crimes against humanity, terrorism
when the death of one or

3)

Penalties for replacement and penalties

multiple people, torture, enforced disappearance, trafficking

accessory, prescribe within the same period of the

of people and sexual exploitation of minors

main penalty.

eighteen (18) years old; Y,
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two) Any crime that has the penalty of

of the execution of the sentence and compliance with the

deprivation of liberty for life.

regulatory measures, the term is computed from
the day after the one in which it would have been

The following penalties do not prescribe in any case:

the sentence served if it had not been enjoyed
this benefit.

1)

The penalties that are imposed in final judgment
for the commission of the crimes mentioned in the

4) If despite meeting the established requirements

previous paragraphs; Y,

in the previous article the
cancellation of criminal records, the Body

two) The criminal actions and penalties that are considered

Competent jurisdiction, once verified

imprescriptible by the Constitution of the Republic,

such circumstances, will order their cancellation

the International Treaties and Agreements signed

immediately and will not take into consideration the same

and / or ratified by the State of Honduras or other

to no effect.

criminal laws.
TITLE X
TITLE IX

CIVIL LIABILITY DERIVED FROM CRIME

CANCELLATION OF CRIMINAL RECORDS
CHAPTER I
ARTICLE 117.- CANCELLATION OF BACKGROUND

CIVIL LIABILITY AND ITS FORMS

CRIMINAL. Those convicted by final judgment who have
expired their criminal responsibility have the right to obtain

ARTICLE 118.- GENERAL RULES. The realization

of the competent Jurisdictional Body, ex officio or upon request

of an act typified by law as a crime or obligatory offense

on the other hand, the cancellation of his criminal record.

to repair the damages caused.

For the effective recognition of the right of cancellation

Any person injured by the commission of a crime or misdemeanor

criminal record, the requirements must be met

may demand the satisfaction of civil liability in the
same criminal process, in accordance with the provisions of the

following:
1)

Have satisfied civil liabilities
derived from the crime that have been effectively

criminal procedural legislation and the provisions of this
Code.

claimed, except in cases of declaration

The injured party may choose, in any case, to demand the
insolvency, except economic improvement of the defendant; Y,
civil responsibility before the Civil Jurisdiction.
two)

To have elapsed, without committing a new crime, two
(2) years for penalties imposed for crimes
reckless or a period of time equal to that of

ARTICLE 119.- CIVIL LIABILITY. The
civil liability includes :
1)

Restitution;

duration of the sentence for the intentional crime, with
a maximum of ten (10) years and a minimum of six

two) Comprehensive repair of material damage and

(6 months.

moral; Y,

3) The terms indicated in the previous paragraph begin

3)

Compensation for damages.

to be counted from the day after that in which
the penalty is extinguished. In case of remission

ARTICLE 120.- THE RESTITUTION. Must be restored

definitive due to the expiry of the suspension period

whenever possible the same good, with fertilizer from

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damages and impairments that the competent Jurisdictional Body

own illicit conduct to the production of damage or prejudice

determine. Restitution takes place even when the good is found

suffered, the competent Jurisdictional Body may reduce

in the power of a third party who has legally acquired it and

equitably the amount of compensation for damages

good faith, safeguarding your right of repetition against

and of the civil compensation to be received by it.

who corresponds.
CHAPTER II
The refund is not applicable when the third party has acquired the

CIVILY RESPONSIBLE PERSONS

well in the form and with the legally established requirements
ARTICLE 124.- CIVIL LIABILITIES

to make it irrevocable.

DIRECT. They are directly responsible for:
If it is not materially or legally possible to proceed to the
restitution of the property, the competent Jurisdictional Body

1) Any natural or legal person that is declared

must specify the way in which the

criminally responsible for a crime or misdemeanor,

civil liability derived from crime.

provided that damage or
damages. If there are two (2) or more criminally

ARTICLE 121.- COMPREHENSIVE REPAIR

responsible, the competent Jurisdictional Body

OF THE DAMAGE. The repair of material damage or

will indicate the amount of civil liability that you owe

morals can consist of obligations to give, do or not

satisfy everyone;

cause the competent Jurisdictional Body to establish
prudently taking into account the nature of the damage,

2) Insurers that have assumed the risk of

the circumstances and characteristics of the offense, the

the pecuniary responsibilities derived from

personal conditions of the offended and responsible, as well

any service, activity, use or exploitation

as well as the consequences of the injury suffered.

of good, industry or company, up to the limit
legally or contractually fixed, when as

The repair of material damage is required in the event that no

consequence of intended conduct such as

there is room for restitution. You must understand at a minimum
the price of the thing and if possible the value of affection that

crime or misdemeanor occurs the event that determines

has had for the aggrieved.

the insured risk; Y,

The competent Jurisdictional Body will determine whether

3) Those who have benefited in any way from the

The obligations imposed must be fulfilled by the

crime or misdemeanor without having participated in the facts,

responsible or if they can be executed at your expense.

which are obliged to restore, repair or
ARTICLE 122.- INDEMNIFICATION OF

compensate for an amount equal to that of the

DAMAGES. Compensation for damages includes

unjustly obtained enrichment.

both those caused to the offended and those caused to his
family or a third party. The competent Jurisdictional Body
determine the amount of compensation that corresponds

ARTICLE 125.- SOLIDARY LIABILITY.

according to the same rules established for the repair

The authors and participants, each within their respective

of the damage.

class, jointly and severally respond to each other for their fees.

ARTICLE 123.- REDUCED LIABILITY

The civil liability of the legal person must comply

BY PRIOR CONDUCT OF THE OFFENDED. When

in solidarity with the natural persons who were

the victim or the aggrieved person has contributed by their

convicted of the same facts.
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They also respond in solidarity with the authors and

5)

The natural or legal persons who own

participants, the subjects contemplated in the second numerals

transport companies or vehicle owners

and third of the previous article, up to the limit of their respective

liable to create risks for third parties, for

responsibilities.

the criminal acts committed through the
use of those by authorized persons;

ARTICLE 126.- SUBSIDIARY LIABILITY.
The authors and participants respond subsidiarily for

6)

The natural or legal persons that manufacture or

the fees corresponding to the other responsible parties. The

sell products or articles with vices or

Subsidiary liability becomes effective first in the

defects that have contributed to production

property of the authors and then in those of the other participants,

of the harmful result, they respond for the damages or

starting with those who have had a higher degree of

damages caused as a result of such vices

participation in the events.

or defects; Y,

They are subsidiary civil liable, in the absence of the authors

7)

Public administrations and other entities

and participants, leaving safe the cases in which they must

dependent on them, by the facts

respond directly or in solidarity to the following people:

crimes committed by authorities, agents,

1)

Parents or guardians, for damages

contracted from them or public officials

caused by criminal acts committed by

in the exercise of their positions or functions, always

minor children who are subject to their homeland

that the damage or injury caused is a consequence

power or guardianship;

direct operation of the services
public entrusted to them.

two)

The natural or legal persons holding
media or visual broadcast, written
or spoken, for crimes committed using
said means, without prejudice to their
party at fault or negligence who contributed or
allowed the production of damage or injury;

3)

Natural or legal persons by the facts

ARTICLE 127.- CIVIL LIABILITY IN
ASSUMPTIONS OF DISCLAIMER OF LIABILITY
PENAL. The exemption from criminal liability for
inimputability, state of need, insurmountable fear or
error, does not include civil liability, which is
becomes effective in accordance with the following rules:
1)

The defendants are directly responsible for
the damages or losses caused by them, always

criminal offenses committed in their establishments,

that your food or expenses are insured

when said persons or their dependents,

that causes their internment. Respond

administrators or representatives have infringed

jointly and severally parents, guardians, curators or

police regulations or provisions of the

custodians of the minor or person with a disability

authority directly related to such

unimpeachable, as long as there has been by his

facts, so that they would not have

party at fault or negligence, who contributes or has

produced without such infringement;

4)

allowed the production of damage or injury,
except for direct civil liability that could

Natural or legal persons dedicated to

correspond to the attributable;

any kind of industry, trade or service,
for the criminal acts committed by their

two)

In the state of necessity assumptions, they are

dependents, administrators or representatives,

direct civil liability the person or persons

in the performance of their duties or functions;

in whose favor evil has guarded itself, in

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proportion to the harm that has been avoided, if

In the case of crimes that can only be prosecuted at the request

was estimable;

On the other hand, the costs of the private prosecutor will be paid
with preference to compensation from the State.

3)

When insurmountable fear is present, they respond
directly who have caused the fear and
failing them, those who have executed the

ARTICLE 131.- LEGITIMACY. The responsability
civil can be demanded by the people harmed by the

done; Y,

crime or misdemeanor, their heirs or in cases where the State
4)

In cases of error, you are civilly liable

Honduras is the injured party, by the Attorney General's Office

direct who caused the error and, failing that, who

of the Republic (PGR) .

performed the deed, safeguarding the responsibility
direct civil that may correspond to
declared criminally responsible.
CHAPTER III
COMMON PROVISIONS

ARTICLE 132.- PRESCRIPTION OF THE ACTION
OF CIVIL LIABILITY. Civil rights
derived from criminal conduct and its corresponding action
prescribe, subject to the provisions of Article 325 of the
Constitution of the Republic, in five (5) years, from the day

ARTICLE 128.- RIGHT OF REPETITION. The

in which the sentence in which

rules established in the previous articles regarding the

identify the perpetrators or criminally responsible parties

joint and several liability and subsidiary liability apply without prejudice and other people who must respond civilly for the
of the right of repetition of those who have satisfied with their goods
all or part of the fee corresponding to other responsible parties.
ARTICLE 129.- SUPPLETORY RIGHT. The

damages caused. They are applicable to this matter
the grounds for suspension and interruption of the prescription
regulated in the Civil Code and the Commercial Code.

civil liability derived from crime or misdemeanor, is regulated in
everything not provided for in this Code, by the provisions

ARTICLE 133.- CIVIL EFFECTS OF THE

civil laws that are generally applicable to the

FOREIGN CONDEMNATORY SENTENCE. The

obligations.

conviction handed down by foreign courts

ARTICLE 130.- PRIORITY OF THE
PECUNIARY LIABILITIES. Payments to

legalized in Honduras through the corresponding institution
produces in Honduras all its civil effects, according to Law.

carried out by the civil liable party are charged according to the order
TITLE XI

following priority:

DEFINITIONS FOR CRIMINAL PURPOSES
1) To the reparation of the damages and compensation of the
damages caused;

ARTICLE 134.- OFFICIAL OR EMPLOYEE
PUBLIC. For criminal purposes, he is a civil servant or employee

2) To compensation to the State for the expenses incurred
have done on their own in the cause;
3) At the costs of the private prosecutor, if any;

public:

1)

Any person who by legal provision, for
popular election, by appointment or association

4) To the other procedural costs; Y,

contractual participates in the exercise of functions

5) To the fine.

public, as well as the Public-Private Alliance; Y;
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two)

Managers of companies, associations or

BOOK II
SPECIAL PART

public foundations, thus considering those
in which the participation of the

TITLE I

Public administration.

CRIMES AGAINST THE COMMUNITY
INTERNATIONAL

For the same purposes, it is considered an official or employee
foreign public to the following persons:
1)

CHAPTER I

Anyone participating in the exercise

CRIME AGAINST HUMANITY

of public functions or services on behalf of
another country; Y,
two)

Any official or representative of a
international public body.

ARTICLE 135.- DISABILITY. For the purposes of
this Code is understood by disability the concurrence
in a person, permanent limitations of a physical nature,
intellectual or sensory, which in certain situations involve
restriction or cancellation of their capacity to act.

It will be understood that the person with a disability is in need

ARTICLE 139.- CRIME AGAINST HUMANITY.
He must be punished with a prison sentence of thirty (30)
years to life imprisonment, loss of nationality and
absolute disqualification with the same duration as the penalty of
prison, who commits a crime against humanity as part
of a widespread or systematic attack against the population
civil and with knowledge of said attack, in any of
the following acts:
1)

Murder;

two) Extermination;

of special protection when for the usual exercise of their
capabilities require third party assistance or support.

3)

Slavery;

ARTICLE 136.- ORGANIZED CRIMINAL GROUP.

4)

Deportation or forced transfer of the population;

5)

Imprisonment or other serious deprivation of liberty

An organized criminal group is considered to be any group
structured of three (3) or more people, which exists during
certain time and act in concert with the purpose

physics in violation of fundamental norms of

committing one or more serious crimes classified in accordance with

international right;

the provisions of this Code.

ARTICLE 137.- DOCUMENT. For the purposes of this
Code is considered a document any material support that

6)
7)

Torture;
Rape, sexual slavery, prostitution
forced, forced pregnancy, forced sterilization

expresses or incorporates data, facts or narrations with possible

or any other form of sexual violence of

evidential efficacy.

comparable severity;

ARTICLE 138.- AUTHORITY. For criminal purposes

8)

Persecution of a group or community with

considers authority who alone or as a member of

own identity founded on political motives,

any corporation, court or collegiate body has command or

racial, national, ethnic, cultural, religious,

exercise its own jurisdiction, in any case it will be considered

of gender or other grounds universally

of authority the members of the National Congress as well as

recognized as unacceptable under the

officials of the Public Ministry (MP).

International right;

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Forced disappearance of people;

victim voluntarily or as a product of negotiations
provides information that leads to its location, always

10) The crime of apartheid; Y,

that she has not suffered damage to her health and physical integrity.

11) Other inhuman acts of a similar nature that

CHAPTER II

intentionally cause great suffering or

GENOCIDE

seriously threaten the physical integrity or
mental or physical health.

ARTICLE 143.- GENOCIDE. Must be punished
with imprisonment of thirty (30) years to life imprisonment, and

ARTICLE 140.- FORCED DISAPPEARANCE OF

absolute disqualification for the same duration as the sentence

PEOPLE. Commits the crime of forced disappearance of

imprisonment, in addition to the loss of nationality when

persons and must be punished with the penalties of fifteen (15) to

whether they are Hondurans who are not of origin, who with the

twenty (20) years in prison and suspension of citizenship, the

purpose to totally or partially destroy a national group,

public official, agent of the State or persons or group

ethnic, racial, ideological or religious, performs any of the

of people, who, acting with the authorization, support or

following facts:

the acquiescence of the State, deprives of liberty one or more
people, whatever their form, followed by lack

1) Killing members of the group;

of information or the refusal to acknowledge said deprivation
freedom or to inform about the whereabouts of the person, with
which prevents the exercise of legal resources and

2) Seriously injure the physical or mental integrity
of the group members;

relevant procedural guarantees.
3) Intentionally subjecting the group to conditions
When the act is carried out by an official or employee
public in the exercise of their functions, in addition to the penalties
indicated in the previous paragraph, the penalty of
absolute disqualification from twenty (20) to twenty-five (25) years.

of existence that will bring about its destruction
physical, total or partial;
4) Adopt measures to prevent births
within the group; or,

ARTICLE 141.- FORCED DISAPPEARANCE OF

5) Forcibly transferring children from one group to another

AGGRAVATED PEOPLE. The prison sentence is increased

group.

in a third (1/3), if any of the circumstances concur
following:

The conspiracy, proposition or provocation for the commission
the crime of genocide should be punished with imprisonment

1)

The deprivation of liberty of the disappeared person

from ten (10) to fifteen (15) years.

lasts more than seventy-two (72) hours; or,
CHAPTER III
two)

The missing person is under eighteen

WAR CRIMES

(18) years old, pregnant woman, advanced person
age, disabled or suffering from an illness
that prevents her from fending for herself.

ARTICLE 144.- SERIOUS INFRACTIONS TO THE
GENEVA AGREEMENTS. He must be punished with
prison terms of thirty (30) to forty (40) years loss

ARTICLE 142.- FORCED DISAPPEARANCE OF

of nationality, and absolute disqualification with the same

PEOPLE ATTENUATED. The penalty is reduced by a third

duration than the prison sentence, who in a situation of war

(1/3) when, in a period not exceeding seventy-two (72)

declared or any other armed conflict, recognized or

hours from the deprivation of liberty, the person responsible releases the no, that arises between two (2) or several States in a situation of
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total or partial occupation of the territory of a State, although

The prison sentence must be forty (40) years in prison to

such occupation does not meet military resistance or in a situation

perpetuity, when the attack is carried out on works or facilities,

internal conflict, acts against protected persons or property

knowing that it will cause the following results:

in case of armed conflict, carry out any of the acts
1) Deaths or injuries among the civilian population who do not

following:

participate directly in hostilities; or,
1) Intentional homicide;
2) Serious, extensive and lasting damage to the environment
environment and civilian objects, which are

2) Torture or inhumane treatment, including experiments

excessive in relation to the specific military advantage

biological;

and direct that is foreseen.
3) Deliberately causing great suffering or
serious attack against physical integrity or health;
4) Destruction or appropriation of unjustified property
for military needs and carried out on a large scale,
unlawfully and arbitrarily;

ARTICLE 145.- USE OF HUMAN SHIELDS.
Who during an internal or international armed conflict
deprives a person of their freedom to use it as a defense
or make demands on the opposing party, should be punished
with a prison sentence of thirty (30) to forty (40) years,
loss of nationality, and absolute disqualification with the
the same duration as the prison sentence.

5) Forcing a prisoner of war or another person
protected to serve in the forces of a state

ARTICLE 146.- PROHIBITED MEANS AND METHODS

enemy;

OF WAR. Who during an internal armed conflict or
international, uses prohibited methods or means of warfare

6) Deliberately depriving a prisoner of war or

within the framework established in International Law,

another person protected from their right to be tried

must be punished with a prison sentence of thirty (30) years

legitimately and impartially;

to life imprisonment, and absolute disqualification with the same
duration than the prison sentence, in addition to the loss of

7) Deportation, transfer or deprivation of liberty;

nationality.

8) Hostage taking;

Anyone who performs any of the
the following acts:

9) Unjustified delay in the repatriation of prisoners
1) Direct attacks against the civilian population that do not

of war or civilians;

participates directly in hostilities or against
goods that are not military objectives;

10) Perform apartheid practices and other practices
inhumane and degrading, based on the

2) Attack or bomb, by any means, cities,

discrimination, involving an outrage against the

villages, houses or buildings that are not defended

personal dignity; Y,

and that are not military objectives;
11) Rape, sexual slavery, forced prostitution,
forced pregnancy, forced sterilization or any

3) Causing death or injury to a combatant who

another form of serious sexual violence

has laid down his arms or that, having no means

comparable.

to defend himself, he has surrendered at will;

TO.

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The transfer, directly or indirectly, by the

use them to actively participate in the

occupying force, from part of its civilian population to

hostilities.

territory it occupies or, the deportation or transfer of
all or part of the population of the territory

ARTICLE 147.- ATTACK ON CIVIL POPULATION,

occupied, inside or outside that territory;

PROPERTY AND PROTECTED FACILITIES. Who
during an internal or international armed conflict and with

5)

Declare that no quarter will be given;

occasion of the same, makes the civilian population suffer hunger
as a method of making war, depriving it of sustenance

6)

Destroy or seize property of the enemy, to

essential for their survival, including the fact that

unless the necessities of war do

hinder relief supplies in accordance with

imperative;

the Geneva Conventions, should be punished with the penalties
from twenty (20) to thirty (30) years in prison, and disqualification

7)

Deprive any protected person of their right

absolute with the same duration as the prison sentence, in addition

to be tried in a regular and impartial manner or,

loss of nationality.

declare abolished, suspended or inadmissible
before a Court, the rights and actions of the

With the same penalty as in the previous paragraph, the

nationals of the enemy party;

that carries out attacks on hospitals, places where it is grouped
sick or injured, warehouses of medicine or other goods

8)

9)

Loot a city or a square, even when it is

intended to provide assistance to protected persons,

taken by assault;

ambulances or other means of medical transport.

Using poison or poisoned weapons, gases

Whoever destroys or appropriates assets of historical heritage,

asphyxiating, toxic or similar or any

cultural and religious, as well as education, the arts,

liquid, material or similar device, bullets that

science or charity, and facilities containing

flare or flatten easily on the body

nuclear energy or any other substances or forces

human, like hard-jacketed bullets that don't cover

dangerous goods, the release of which endangers the integrity or

totally inside or having incisions;

life of the civilian population, must be punished with the penalties
from fifteen (15) to twenty (20) years in prison, and disqualification

10) Use biological weapons or exterminating
the human species, through the use of

absolute with the same duration as the prison sentence, in addition
loss of nationality.

engineering techniques, genetic manipulation
or any other method, as well as employing

ARTICLE 148.- SIMULATION OF SIGNS OF

weapons, projectiles, materials and methods of

PROTECTION. Who during an internal armed conflict

war that, by their very nature, causes

or international, simulates or misuses signs of

Superfluous damage or unnecessary suffering or

international protection or international organizations

have indiscriminate effects in violation of the

or intergovernmental, flags, military insignia, the

international law of armed conflicts,

uniform of the enemy or the United Nations or countries

provided that those weapons or those projectiles,

neutrals, as well as the distinctive emblems of the Conventions

materials or methods of war, are the object of

Geneva, Red Cross, Red Crescent or Crystal

a complete ban; Y,

Red and thus causes death or serious injury to people,
must be punished with prison terms of ten (10) to

11) Recruit or enlist minors under the age of eighteen
(18) years in the national armed forces or

fifteen (15) years, suspension of citizenship, during the
same time of the prison sentence and absolute disqualification
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with the same duration as the prison sentence. These penalties

person protected by International Law, in accordance with

should be imposed independently of those that could

to the International Treaties and Agreements signed and / or

correspond for the results produced.

ratified by the State of Honduras.
CHAPTER IV

ARTICLE 149.- EXPERIMENTS. Who for a

CRIME OF ASSAULT

internal or international armed conflict and on the occasion of the
himself seriously endangers the life, integrity or
health of a person in your power, it must be

ARTICLE 152.- CRIME OF AGGRESSION. The fact that

punishable by imprisonment from ten (10) to fifteen (15)

commits a crime of aggression referred to in the Statute

years, suspension of citizenship for the same time

of Rome of the International Criminal Court, adopted on

of the prison sentence and absolute disqualification with the same
duration than the prison sentence, without prejudice to the penalties
may correspond to him for other crimes.

July 1998 in Rome, Italy and based on the guidelines that
establish the United Nations Security Council,
must be punished with a penalty of twenty-five (25) to thirty
(30) years in prison.

If in the above circumstances the crimes are carried out
CHAPTER V

related to organ trafficking, defined and punished in the
this Code, the penalties provided for in
those that will be imposed, without prejudice to those that may

PROVISIONS COMMON TO CRIMES OF
LESA HUMANITY, GENOCIDE AND WAR

correspond for other crimes.
ARTICLE 150.- ATTACK AND OBSTRUCTION OF
HUMANITARIAN AID. Who during a conflict
internal or international armed forces direct attacks against personnel,
participating facilities, material, units or vehicles
on a peacekeeping or assistance mission

ARTICLE 153.- LIABILITY OF THE
CHIEFS AND OTHER SUPERIORS. Must be punished
with the same penalties provided for the perpetrators of the crimes
included in chapters I, II and III of this Title,
the authority or military commander, or whoever acts effectively as
such, when such crimes are committed or, by forces under

humanitarian in accordance with the Charter of Nations

its effective command and control or under its authority and control

United, provided they have the right to the protection granted

effective, as the case may be, if the

to civilians or civil property in accordance with International Law

necessary and reasonable measures within your power to avoid

of armed conflicts, as well as who prevents or obstructs

commission.

performing medical, health or humanitarian tasks
by medical, health and relief personnel or, at the

The superior should also be punished with the same penalty.

civilian population, must be punished with prison terms

included in the preceding paragraph, that within the scope of its

from thirty (30) to forty (40) years, and absolute disqualification

competition and being within your reach you can avoid commission

with the same duration as the prison sentence, in addition to the

by his subordinates, of any of the crimes included

loss of nationality.

in chapters I, II and III of this Title.

ARTICLE 151.- PERSON WITH THE RIGHT TO

The military authority or commander, or whoever acts effectively as

INTERNATIONAL PROTECTION. For the purposes of this

such that it will not adopt the measures within its power to make them

Chapter means protected person members

prosecuted the crimes included in chapters I, II and III

of the civilian population, prisoners of war, people

of this Title, committed by the persons subject to their

wounded, sick or shipwrecked put out of action,

effective command or control, should be punished with the penalties

religious personnel, health personnel, journalists on mission

reduced by one third (1/3) to those provided for the authors.

or accredited war correspondents, combatants who

He should also be punished with the reduced penalties of a

have laid down their arms during the conflict or any other

one-third (1/3) or two-thirds (2/3) to those provided for the authors,

TO.

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the superior not included in the previous paragraph, who in

causes of justification for acting in the exercise of a right,

the scope of its competence, I will not adopt the measures at its

profession or fulfillment of a duty, or due obedience

scope for the crimes covered to be prosecuted

those who commit the crimes established in chapters

in chapters I, II and III of this Title committed by

precedents, since orders to commit genocide,

his subordinates.

crimes against humanity or war crimes are
manifestly illegal and therefore cannot be covered

The public official or employee, who without incurring the

for these causes.
behaviors provided for in the preceding paragraphs and failing to comply with
obligation of their position, stop promoting the persecution of

CHAPTER VI

any of the crimes included in chapters I, II and III

CRIMES AGAINST THE RIGHT OF PEOPLE

of this Title, of which he has news, must be punished
with the penalty of special disqualification for employment or position
public from ten (10) to fifteen (15) years.

ARTICLE 158.- VIOLATION OF IMMUNITY
DIPLOMAT. Whoever violates the personal immunity of a

If the bosses, authorities or superiors in the cases indicated

Foreign Head of State or person internationally

in the previous paragraphs they will act out of serious recklessness,

protected by a treaty, must be punished with the penalty of

he must punish them with the penalty reduced by one third (1/3).

imprisonment from one (1) to three (3) years.

ARTICLE 159.- DEATH OR INJURIES TO PEOPLE
ARTICLE 154.- LIABILITY FOR ACTS
COMMITTED WITH SERIOUS INPRUDENCE. Who
performs any of the behaviors described in the chapters
I, II and III of this Title due to serious negligence, must be
punished with the prison sentence established for the crime
committed, reduced by one third (1/3).

INTERNATIONAL PROTECTED. Who
kills a foreign head of state or person
internationally protected by treaties and found
in Honduras, he must be punished by imprisonment for
perpetuity; if he causes injuries the prison sentence must be
ten (10) to fifteen (15) years and from five (5) to ten (10) years
if it is any other crime. In all cases you must

ARTICLE 155.- PUNITION OF ACTS

impose, in addition, the loss of citizenship by the same

PREPARATORY. Conspiracy, proposition or

time of the prison sentence and absolute disqualification with the

provocation of any of the crimes established in

the same duration as the prison sentence.

the preceding chapters, must be punished with the penalty of
imprisonment from five (5) to ten (10) years and absolute disqualification

CHAPTER VII

for twice the length of the prison sentence.
MANUFACTURE AND POSSESSION OF WEAPONS OR
ARTICLE 156.- SPECIAL AGGRAVATION. Yes

MEANS OF MASS DESTRUCTION

any of the facts established in the chapters
precedents are made by an official or employee
public, the penalty should be increased by one third (1/3) and
be imposed in addition, the absolute disqualification for twice
length of time the prison sentence lasts .

ARTICLE 160.- WEAPONS OR MEANS OF DESTROYMASSIVE CTION. Who develops, manufactures, produces,
owns, supplies, stores or seizes in any way
chemical, biological, nuclear, radiological or other weapons

ARTICLE 157.- PROHIBITION OF APPLICATION

similar destructive power, should be punished with the penalty

CAUSE OF JUSTIFICATION. Do not apply the

imprisonment from twenty (20) to thirty (30) years.
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CHAPTER VIII
PIRACY

For the purposes of this article it is considered that a ship or
aircraft is active from the moment it is
all external doors close after boarding, until

ARTICLE 161.- PIRACY. Who with the spirit of

the moment they are opened for disembarkation.

own or third-party profit or other personal purpose and using
violence, intimidation or deception, seizes, damages or destroys
an aircraft, ship or other type of vessel in high

CHAPTER IX
CRIMES AGAINST HUMAN NATURE

sea, maritime space not subject to the jurisdiction of
no state, exclusive economic zone, contiguous zone or
other maritime space with respect to which is so determined in

SECTION I
CRIMES RELATED TO ORGAN TRAFFICKING

international legal agreement, agreement or instrument or,
either attacks people, cargo or goods that are in

ARTICLE 164.- ILLEGAL TRAFFICKING OF ORGANS

board those in the same spaces, must be punished

HUMANS. Who in any way promotes, favors

as convicted of piracy with a prison sentence of fifteen (15)

o facilitates the illegal procurement, trafficking or transplantation of tissues or

to twenty (20) years.

deceased or living donor human organs or advertise such
acts, must be punished by imprisonment of five (5)

The penalty provided for in this article must be imposed without prejudiceto eight (8) years.
of the penalties that may correspond for other crimes.
The same penalty should be imposed on those who:
ARTICLE 162.-RESISTANCE OR DISOBEDIENCE
TO SEIZURE. Who resists or disobeys, with

1)

occasion or on the occasion of the persecution of the foreseen facts

They receive as donors the tissues or organs,
knowing its illicit origin; or,

in the previous article, to a warship or aircraft
military or other ships or aircraft bearing clear signs
two)

identifiable at the service of the State of Honduras and are

They own them to dedicate to traffic or
illegal transplants.

authorized for this purpose, must be punished by imprisonment
from two (2) to four (4) years.

Who uses the exercise of a profession or trade to
If the above conduct uses force, violence or

performing any of the above behaviors, you must

intimidation, a prison sentence of ten (10) must be imposed

be punished, in addition to imprisonment, with that of

to fifteen (15) years.

special disqualification of profession, trade, trade or

These penalties must be imposed without prejudice to those that could

industry for a period of six (6) to ten (10) years.

correspond for other crimes.
ARTICLE 165.- ILLEGAL TRAFFICKING OF ORGANS
ARTICLE 163.- SEIZURE AND DIVERSION OF

HUMANS AGGRAVATED. The penalties to be imposed in the article

SHIPS, AIRCRAFT OR MEANS OF TRANSPORTATION

above should be aggravated by a third (1/3) when there is

AIR COLLECTIVE . Who through force in the
things, violence, threat or deception, seizes a ship,

any of the following circumstances:

aircraft or any other means of collective transport that
1)

you are in flight or active or, you deviate your course or itinerary,

The victim is under the age of eighteen (18) or

as well as exerts control over it, depriving in all cases

especially vulnerable person by reason of

freedom to its occupants, must be punished with the penalty

age, situation, illness or poor development

from twenty (20) to twenty-five (25) years of prison.

intellectual or physical;

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There is a family relationship between the victim

3)

1)

Prevent the performance of any of the behaviors

and the guilty or this is your guardian, curator, guardian

described in the previous articles or reduce your

in fact, partner or in charge of their education;

effects;

The behavior is carried out with abuse of

two)

confidence or superiority, derived from any

Provide or obtain evidence of other crimes already
committed; or,

condition or situation that facilitates the commission of the
crime;

3)

Identify, prosecute or prosecute those responsible
of the commission of such acts.

4)

The behavior is performed within the framework of a
organized criminal group;

ARTICLE 169.- LIABILITY OF THE
LEGAL PERSON. When, according to what

5)

The health or life of the

established in Article 102 of this Code, a

victim; or,

legal person is responsible for the crimes covered
In this section, you must be imposed the penalty of dissolution of

6)

Compensation has been paid or received

the legal entity or fine for an amount equal to or up to

economic or any other type of remuneration to

five (5) times the benefit obtained or intended. In this

change committing the crime.

last case and additionally, you can impose any of
the following sanctions:

ARTICLE 166.- LIABILITY OF

1)

Suspension of specific activities in the

PUBLIC OFFICIALS OR EMPLOYEES. The

that the crime occurred, for a period that cannot

public official or employee who performs any of

exceed five (5) years;

the behaviors described in the two (2) previous articles
two)

taking advantage of the exercise of public functions,

Closure of the premises and establishments that

be punished:

were used to carry out the crime, for a

1)

term that cannot exceed five (5) years;

With prison sentences from six (6) to nine (9)
years and special disqualification from office or trade
3)

public for a period of ten (10) to fifteen (15) years,

Prohibition of future activities
specific in whose exercise it was committed,

in the case of Article 164; Y,

favored or concealed the crime; Y,
two)

With the same penalties increased by a third
4)

(1/3), if any of the circumstances concur
provided for in Article 165.

Disqualification from obtaining grants and aid
public, to contract with the public sector and
to enjoy benefits and tax incentives or

ARTICLE 167.- PUNIBILITY OF ACTS

Social Security, for a period that cannot

PREPARATORY . Conspiracy, proposition or

exceed ten (10) years.

provocation to commit the crime of organ trafficking must
be punished with the corresponding penalties reduced by a

ARTICLE 170.- UNIVERSAL JURISDICTION AND

third (1/3).

INTERNATIONAL REINCIDENCE. The state of
ARTICLE 168.- COLLABORATION WITH THE

Honduras must exercise its jurisdiction for the crimes described

AUTHORITIES. The penalties to be imposed can be mitigated

in this section, regardless of the nationality of

up to a quarter (1/4) when the culprit collaborates with the

those responsible, the victims and the place of commission of

authorities in order to:

those.
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The conviction of a foreign court for

Fertilization of human eggs with genetic lines does not

crimes of the same nature as those provided for in this

human rights should be punished with the prison terms of one

section produces the effects of recidivism, except that the

(1) to three (3) years and a fine of two hundred (200) to three hundred

criminal records have been expunged or could have

(300) days.

be so under Honduran law.
The hybrid generation with human genetic lines of preSECTION II
CRIMES RELATED TO HANDLING

embryos should be punished with the prison terms of one
(1) to three (3) years and a fine of one hundred (100) to three hundred (300) days.

GENETICS
ARTICLE 171.- GENETIC MANIPULATION.
Those that for purposes other than therapeutic or
elimination or reduction of serious diseases, manipulate
human genes in a way that alters the genotype, must
be punished with a prison sentence of one (1) to two (2) years
and a fine of one hundred (100) to two hundred (200) days.

When the pre-embryo generated with the behaviors described
in the previous paragraphs exceeds fifteen (15) days of
development or is implanted in a woman, the behavior must be
punish with prison sentences of three (3) to five (5) years
and a fine of three hundred (300) to (500) days.
ARTICLE 174.- PENALTY OF THE
IMPRUDENCE. When the crimes contemplated in

When the pre-embryo resulting from the expected behavior in
the previous paragraph is implanted in women for their development,

this section are committed by gross recklessness, they must
Impose the prescribed penalties reduced by one third (1/3).

a prison sentence of two (2) to four (4) years must be imposed
and a fine of one hundred (100) to five hundred (500) days.
For the purposes of this precept, the term “purpose
therapeutic "one that aims to cure a disease
that has its origin in a genetic alteration or prevent it from being

ARTICLE 175.- INHABILITATION FOR THE
HEALTH PROFESSIONAL. If the foreseen events
in this section are performed by a health professional,
public official or employee must be imposed, in addition to
the corresponding penalties, that of special disqualification for

pass on to offspring.

employment or public office and for the exercise of the profession of
Any assisted technique such as artificial insemination,

five (5) to ten (10) years.

in vitro fertilization and other reproductive techniques
made with consent, are excluded from this criminal offense.

ARTICLE 176.- LIABILITY OF THE
LEGAL PERSONS. When according to

ARTICLE 172.- GENETIC MANIPULATION

established in Article 102 of this Code, a

AGGRAVATED. Who produces organisms with genes

legal person is responsible for the crimes covered

manipulated for weapons use, should be punished
with a prison sentence of ten (10) to twenty (20) years and a fine
from two hundred (200) to five hundred (500) days.

In this section, you must be imposed the penalty of dissolution of the
legal entity or fine for an amount equal to or up to five
(5) times the benefit obtained or intended. In this last

With the same penalties, those who store or

case and additionally, you can impose some of the

trade with them and those who use engineering techniques

following sanctions:
1)

genetics in the manufacture of biological weapons.

Suspension of specific activities in the
that the crime occurred, for a period that cannot

ARTICLE 173.- CLONING. The asexual obtaining

exceed five (5) years;

of human pre-embryos should be punished with the penalties

two)

Closure of the premises and establishments that

imprisonment of one (1) to two (2) years and a fine of one hundred (100) to

were used to carry out the crime, for a

two hundred (200) days .

term that cannot exceed five (5) years;

TO.

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4)

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Prohibition of future activities

unless the profit obtained is greater than the amount

specific in whose exercise it was committed,

resulting in which case the fine must be for an amount

favored or concealed the crime; Y,

equal to or up to three times that benefit; it should also be

Disqualification from obtaining grants and aid

punish with the penalties of special disqualification from office or

public, to contract with the public sector and

public office or, where appropriate, profession, trade, trade and

to enjoy benefits and tax incentives or

industry from four (4) to ten (10) years.

Social Security, for a period that cannot
exceed fifteen (15) years.

Notwithstanding the provisions of the preceding paragraph, the Body
Competent court can reduce the penalty by one third

TITLE II
CRIMES AGAINST THE COLLECTIVE SECURITY

(1/3) of those indicated, due to the low importance
of the fact and provided that a danger had not been created to
the health of people, the quality of the air, soil or resources

CHAPTER I

hydric.

CRIMES RELATED TO NUCLEAR ENERGY AND
IONIZING RADIATION

Who, without the proper authorization or in violation of the
safety conditions imposed by regulation,

ARTICLE 177.- DISTURBANCE OF

stores or moves potentially harmful radioactive sources

INSTALLATIONS WITH HIGH RISK OF

for people's health, should be punished with the penalties

RADIATION. Who disturbs the proper functioning

imprisonment from two (2) to four (4) years and special disqualification

of a facility that produces nuclear energy or generates

for the exercise of a profession, trade, trade or industry

ionizing radiation in violation of approved protocols

for a period of two (2) to ten (10) years.

by international standards, creating a situation of
serious danger to human life or health, it must be

With the same penalty should be punished who manipulates,

punishable by imprisonment from five (5) to ten (10) years.

enriches or subjects to industrial processes, without due
authorization or in violation of what is authorized, suitable minerals

ARTICLE 178.- RADIOACTIVE POLLUTION.

for the production of nuclear energy.

Who emits or allows the emission of ionizing radiation
violating the protocols approved by the standards

The penalty indicated in the preceding paragraphs must be imposed

outside of authorized facilities must be

increased by a quarter (1/4), without prejudice to those that may

punishable by imprisonment from six (6) to twelve (12) years

correspond in accordance with other provisions of this

and special disqualification for the exercise of a profession,

Code, when in the commission of the facts described in the

trade, trade and industry for twice as long as it lasts

previous paragraphs if any of the circumstances concur

the prison sentence.

following:

1)
The penalties provided for in the preceding paragraph must be imposed without

The conduct creates a risk of radioactive release

detriment of those corresponding to deaths, injuries

that endangers the quality of the air, soil or

or damages produced.

water resources, as long as it has not been reached
to produce radioactive contamination;

ARTICLE 179.- APPROPRIATION OF MATERIALS
NUCLEAR OR RADIOACTIVE SOURCES. Who knows

two)

The author infringes special protection duties

seizes radioactive sources or even without seizure, the

of the safety of nuclear materials or

intended for purposes other than those declared or authorized, must

radioactive sources;

be punished with prison terms of two (2) to four (4)
years and a fine of four hundred (400) to eight hundred (800) days,

3)

Force is used in things; Y,
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4)

Information related to the

imprisonment from one (1) to three (3) years, a fine of four hundred

security, to administrative authorities

(400) to eight hundred (800) days and special disqualification for

in charge of the control of the activity or exploitation.

the exercise of a profession, trade, trade or industry
from one (1) to five (5) years, without prejudice to the penalties that

The penalties provided for in paragraphs must be imposed

could correspond for other crimes. If the behavior affects

first and second of this precept, increased

to facilities containing radioactive sources, excluding

in a third (1/3), when one of the
following circumstances:
1)

Use of violence or intimidation;

two)

The conduct is committed within a group
organized criminal; Y,

above, the penalty of a fine of four hundred
(400) to eight hundred (800) days and special disqualification for the
exercise of a profession, trade, trade or industry of one
(1) to five (5) years, without prejudice to the penalties that could
correspond for other crimes.
ARTICLE 181.- LIABILITY OF THE
PUBLIC OFFICIAL OR EMPLOYEE. The
public official or employee who authorizes, informs

3)

Nuclear materials or radioactive sources

favorably or tolerate the performance of the planned events

come from other states or are destined

in this chapter, knowing its illegality, it must be

illicit international trade.

punished with the same penalties as the perpetrator,
increased by one third (1/3), plus special disqualification

When there are two (2) or more circumstances than those provided

for public office or employment for twice the time of the

in the third and fourth paragraphs of this precept, the Body

imprisonment.

Competent court must impose the prescribed penalty
increased by half (1/2).

If in the actions or omissions described in the articles
previous of this chapter participates an official or employee

ARTICLE 180.- HIDING OF INFORMATION.
The individual who, in breach of his duties, does not inform the
competent authorities of incidents related to the
security of the facilities referred to in Article

public, the corresponding penalties must be imposed
increased by one third (1/3) and the disqualification penalty
special for employment or public office for twice the time
of the prison sentence, depending on their degree of participation
in crime.

177 of this Code, when such incidents put in
endangers the health of people or the quality of the air, soil or

ARTICLE 182.- LIABILITY OF THE

water resource, should be punished with prison sentences

LEGAL PERSONS. When, according to what

from two (2) to five (5) years, a fine of two hundred and fifty
(250) to eight hundred (800) days and special disqualification for

established in Article 102 of this Code, a
legal person is responsible for the crimes contained in
this chapter, the penalty of dissolution must be imposed

the exercise of a profession, trade, trade or industry of

of the legal person or fine for an amount equal to or up to

seven (7) to ten (10) years.

five (5) times the value of the damage caused or the benefit
obtained. In the latter case and additionally, you can

When the incident referred to in the preceding paragraph produces
a radioactive release, the penalties provided

impose some of the following sanctions:
1)

Suspension of specific activities in the
that the crime occurred, for a period that cannot

in Article 178 of this Code.

exceed five (5) years;
Who, in the construction, operation or maintenance of a

two)

Closure of the premises and establishments that

nuclear facility, conceals or falsifies relevant data on the

were used to carry out the crime, for a

facility security, should be punished with penalties

term that cannot exceed five (5) years;

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Prohibition of future activities

imprisonment from ten (10) to fifteen (15) years and a fine of

specific in whose exercise it was committed,

one hundred fifty (150) to three hundred (300) days.

favored or concealed the crime; Y,
The damages actually caused must be punished, in addition,
4)

Disqualification from obtaining grants and aid

in accordance with the provisions of Title XX regarding Crimes

public, to contract with the public sector and

Against Patrimony, Chapter IX, of this Code.

to enjoy benefits and tax incentives or
Social Security, for a period that cannot

ARTICLE 186.- DESTRUCTION OR INUSTILI-

exceed ten (10) years.

ZATION OF FACILITIES AGAINST DISASTERS.

CHAPTER II
FIRE AND DRAGS

Whoever disables or partially or totally destroys buildings,
constructions or other works destined to the common defense
against disasters, so that its function is seen

ARTICLE 183.- FIRE . Who causes a

seriously affected, should be punished with the penalties of

fire with risk to life, integrity or health of

imprisonment from five (5) to eight (8) years and a fine of one hundred (100) to

people, should be punished with the prison terms of

three hundred (300) days.

ten (10) to fifteen (15) years and a fine of one hundred fifty (150)
ARTICLE 187.- OBSTRUCTION OF TASKS

three hundred (300) days.

OF DEFENSE . Who steals, hides, disables or destroys
instruments or means intended for rescue or defense
ARTICLE 184.- QUALIFIED FIRE . The

against disasters in a way that seriously hampers them, you must

Penalties of the previous article must be increased by one third

be punished with the prison terms of two (2) to five (5)

(1/3) when the conducts are carried out in the circumstances

years and a fine of one hundred (100) to three hundred (300) days.

following:
The same penalty should be applied to those who seriously impede
1)

Place inhabited or intended for habitation;

two)

Public place or intended for public use;

3)

Boat, aircraft or other collective transport,
public or private, active;

4)

the tasks of rescue or defense against disasters.
ARTICLE 188.- FIRES AND DETAILS
IMPRUDENT . Who by gross recklessness performs
any of the conducts contemplated in articles 183
to 185 of this Code, must be punished with the penalty of
four (4) to seven (7) years in prison.

Factory or commercial, industrial establishment,

CHAPTER III

agricultural or food warehouse;

CRIMES AGAINST MEANS OF TRANSPORTATION
PUBLIC AND PUBLIC SERVICES

5)

Deposit of explosive or flammable substances; Y,
ARTICLE 189.- ENDANGERING OF THE

6)

Oil well, mine gallery or pipeline.

PUBLIC TRANSPORTATION AND INFRASTRUCTURE .
Who by any means or procedure alters the

ARTICLE 185.- ESTRAGOS . Who causes flood,

minimum safety conditions in the operation of

explosion, collapse, derailment, shipwreck or other means

any kind of public transport, communication routes,

of destruction as powerful as these not foreseen in other

production or distribution plants to water users

precepts of this Code and thereby puts life at risk,

or energy or telecommunications, so that it puts in

integrity or health of the people, should be punished with the

serious danger to the life, integrity or health of people, must
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be punished with prison terms of ten (10) to fifteen

ARTICLE 194.- PARRICIDE. Who kills any of

(15) years and a fine of two hundred (200) to five hundred (500) days.

your ascendants, descendants, your spouse or person with
the one that the aggrieved maintains a stable analogous relationship

If the fact results in the destruction or disablement of the

nature to the above, must be punished with the penalty of

material objects indicated in the previous paragraph, the penalty

prison from twenty (20) to twenty-five (25) years.

it should be increased by one quarter (1/4).
The penalty established in the preceding paragraph is increased by one
The penalties provided for in the preceding paragraphs must be imposed third (1/3) when the death referred to in this
without prejudice to those that may correspond to others

occurs concurring any of the circumstances indicated

crimes.

for murder.

ARTICLE 190.- IMPRUDING ENDANGERING

ARTICLE 195.-PUNIBILITY OF PREPARED ACTS-

OF PUBLIC TRANSPORTATION AND INFRASTRUCTURE .

ROLLS. Conspiracy, proposition or provocation

Who by gross negligence carries out the contemplated conduct

to commit the above crimes must be punished with the

in the previous article, should be punished with the penalties

Corresponding penalties reduced by one third (1/3). With the

indicated in this, reduced by two thirds (2/3).

The same penalty must be punished for the supply or demand of hired assassins.

ARTICLE 191.- PUNIBILITY OF ACTS

ARTICLE 196.- ABORTION. Abortion is the death of a

PREPARATORY. Conspiracy, proposition or

be human at any time during pregnancy or during

provocation to commit the crimes contained in this

childbirth. Whoever intentionally causes an abortion must be

chapter, must be punished with the penalty provided for the crime

punished:

consummate reduced by two thirds (2/3).
1)

With three (3) to six (6) years in prison if the woman
has consented to it or produces its abortion;

TITLE III
CRIMES AGAINST LIFE, INTEGRITY
two)

BODY AND HEALTH

With six (6) to eight (8) years in prison if the agent
works without the consent of the pregnant woman and without
use violence or intimidation; Y,

CHAPTER I
CRIMES AGAINST LIFE

3)

With eight (8) to ten (10) years in prison if the agent
employs violence, intimidation, or deception.

ARTICLE 192.- HOMICIDE. Who kills a
person should be punished with a prison sentence of fifteen

In addition to the penalties indicated in the previous paragraphs,

(15) to twenty (20) years.

to health professionals who abusing their profession
cause or cooperate in carrying out the abortion, they will be imposed

ARTICLE 193.- MURDER . Who kills a

also, the penalty of a fine of five hundred (500) to one thousand (1,000)

person concurring treachery or cruelty, must be

days.

punishable by imprisonment from twenty (20) to twenty-five
Who by acts of violence causes abortion without the purpose

(25 years.

cause it, but confirming the state of pregnancy of the
If the circumstance of price, reward or promise concur

victim, should be punished with a prison sentence of eight

remunerative, the prison sentence must be twenty-five (25)

(8) to ten (10) years, without prejudice to the corresponding penalty

to thirty (30) years.

for the acts of violence that he carries out.

fifty

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ARTICLE 197.- INDUCTION AND AID TO THE

when it is less serious, the means used are taken care of

SUICIDE. Whoever induces another to commit suicide must commit

or the result produced.

in the prison sentence of three (3) to six (6) years.
For the purposes of this article, medical treatment is
Who, by means of unequivocal request, helps another

understands any healing system prescribed by a physician and

person to commit suicide, must incur the same penalty

aimed at overcoming or mitigating the loss caused by the injury;

than the one provided in the previous paragraph.

and by surgical treatment which consists of curing by means of
an operation carried out by a physician.

If in any of the above cases the suicide is a
incapable, under the age of eighteen (18) or has been employed
deception, the penalties of homicide must be applied.

ARTICLE 200.- AGGRAVATED TYPES OF INJURIES.
The injuries provided for in the first paragraph of the article
above, they should be punished with a prison sentence of four

ARTICLE 198.- IMPRUDENT HOMICIDE. Who
causes by gross recklessness the death of another person, you must

(4) to six (6) years, if any of the circumstances concur
following:
1)

Treachery;

(3) years in prison.

two)

Cruelty;

When reckless homicide is committed with weapons of

3)

Price, reward or promise of remuneration;

4)

Use of dangerous weapons or instruments

be punished with the penalty of three (3) to seven (7) years in prison;
if the recklessness is slight, the penalty must be from one (1) year to three

fire or explosives, motor vehicle or reckless
professional, must also apply, respectively, the
following time penalties from three (3) to six (6) years:
1)

Deprivation of rights to possession and bearing

for life or health;

5)

When the victim is especially vulnerable

of firearms;
two)

due to age, situation, illness, scarce

Deprivation of the right to drive vehicles

intellectual or physical development; Y,

automotive; or,
3)

Special disability of profession or trade.
6)

Gender reasons.

CHAPTER II
ARTICLE 201.- SERIOUS INJURIES. Who, by

INJURY CRIMES

any means or procedure, mutilates or disables
ARTICLE 199.- INJURIES. Who, by whatever

a member or principal body of another person or

means or procedure, causes another person an injury that

causes impotence, infertility, or illness

impairs your bodily integrity, physical or mental health,

or serious deformity should be punished with the penalty

must be punished with a prison sentence of one (1) to four

imprisonment from eight (8) to twelve (12) years.

(4) years, provided that the injury objectively requires for
your health, in addition to a first medical assistance,
medical or surgical treatment. Simple surveillance o

If the mutilation or disablement affects a limb

optional monitoring of the course of the injury is not considered

or non-main organ or another is caused a

medical treatment.

disease or deformity not provided for in the paragraph
above, the penalty must be from six (6) to eight (8)

However, the fact described in the previous paragraph must be

years. The loss of two (2) or more teeth is

punishable by imprisonment from six (6) months to one (1) year

understood as one of the assumptions of deformity.
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For the purposes of this precept, by body is
understands each of the parts of the body that

TITLE IV
CRIMES AGAINST THE DUTY OF SUPPORT

plays a role and per member each of

CITIZEN

the limbs of the person or parts thereof,
articulated with the trunk. Main are those
that develop a function that although it is not

ARTICLE 204.- OMISSION OF THE DUTY OF
HELP. Who does not help a person who is

essential to life is relevant to life, the

helpless and in manifest and grave danger to her life,

health or normal development of the individual.

health, integrity, freedom or sexual freedom, when not
self or third party risk is detached, must be punished

ARTICLE 202.- IMPRUDENT INJURIES. Who

with a prison sentence of six (6) months to one (1) year or a fine

due to gross negligence causes any of the defined injuries

from one hundred (100) to three hundred (300) days.

in the above articles, he must be punished in the manner
With the same penalty should be punished who with impediment

following:

to provide relief does not urgently demand the help of others.
1)

In the case of Article 201, first paragraph, with
the prison sentence of one (1) to four (4) years;

If the victim is, of an accident caused by recklessness
for whoever omits assistance, the penalty must be increased by two

two)

In the case of Article 201, second paragraph, with

thirds (2/3).

the prison sentence of one (1) to three (3) years; Y,
ARTICLE 205.- OMISSION OF THE DUTY OF HELP
3)

In the case of Article 199, first paragraph, with

TO ESPECIALLY VULNERABLE PEOPLE.

the penalty of house arrest of six (6) months

Who finds lost or abandoned a minor under fourteen

to one (1) year.

(14) years old, a disabled person in need of protection
special and does not present it, notify his family or the authority

If the act has been done due to professional recklessness

or, in your case, does not give you the assistance that the circumstances

or using firearms or a motor vehicle, they must

sue, should be punished with a prison sentence of six

impose, respectively, the disqualification penalties

(6) months to one (1) year and a fine of one hundred (100) to two hundred (200)

special for the exercise of profession, trade or position, deprivation
of the rights to own and carry weapons or to drive

days, unless the facts must be punished with a penalty
higher, in accordance with another precept of this Code.

motor vehicles from two (2) to six (6) years old.
ARTICLE 203.-INJURIES TO THE FETUS. Who, by
any means or procedure, causes an injury to a fetus
or disease that seriously impairs their normal development,
must be punished with a prison sentence of one (1) to four

The same penalties should be imposed on those who stop lending
assistance or, where appropriate, the assistance that the circumstances
demand that an elderly or seriously ill person
find helpless.

(4 years.
ARTICLE 206.- OMISSION TO PROVIDE
If the above events are carried out due to gross negligence, the

HEALTH CARE . The professional who being

obliged to do so, denies health care or abandons
The penalty must be imprisonment from six (6) months to two (2) years. The
health services, when the denial or abandonment
pregnant will not be penalized under this precept.
derives serious risk to people's health, it must be
If the acts are committed in the exercise of profession or trade

punishable by imprisonment from six (6) months to one (1)

In addition, the penalty of special disqualification must be imposed

year and special disqualification for office or public office of

for their exercise of three (3) to six (6) years.

six (6) months to three (3) years.

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ARTICLE 207.- OMISSION OF DUTIES

4)

TO PREVENT CRIMES OR PROMOTE YOUR

When the crime is committed by or in the context of
an organized criminal group;

PERSECUTION. Who being able to do it with their intervention
5)
immediate and without own or third party risk, does not prevent the commission

sexual;

of a crime that affects the people in their life, health or
integrity, freedom or sexual freedom, must be punished with

When the crime victim is a worker

6)

imprisonment from six (6) months to one (1) year, unless

When the victim is also a victim of the crimes of
human trafficking, slavery or servitude;

the unimpeded crime is entitled to equal or lesser punishment, in
in which case it should be imposed reduced by one third (1/3).

7)

When injuries or mutilations have been caused
to the victim or to his corpse related to his

In the same penalties will incur who, being able to do so, not

condition of woman; Y,

Go to the authorities or their agents to prevent a crime
of those provided for in the preceding paragraph and whose next or

8)

When the victim's body is exposed or
displayed by the culprit in a public place.

current commission has news.

The crime of femicide shall be punished without prejudice to the
TITLE V
VIOLENCE AGAINST WOMEN

penalties for crimes committed against the
moral integrity, freedom of movement, sexual freedom, trafficking
of people and degrading forms of human exploitation or

ARTICLE 208.- FEMICIDE. Commits the crime of femicide
the man who kills a woman within the framework of relationships

on the woman's corpse or against any of the goods
protected in this Code.

unequal power between men and women based on the
gender.

The penalties respectively provided for crimes apply
of femicide, when a person is killed who has

The crime of femicide must be punished by imprisonment

come out in defense of the victim of this crime.

from twenty (20) to twenty-five (25) years.
The man who kills commits the crime of aggravated femicide
a woman in the framework of unequal power relations
between men and women based on gender, the penalty of
aggravated femicide, it must be a prison term of twenty-five (25)
to thirty (30) years, unless there is a greater penalty for
the application of other precepts of this Code, when
any of the following circumstances concur:

ARTICLE 209.- VIOLENCE AGAINST WOMEN.
Who in the framework of unequal power relations between
men and women based on gender exerts, physical violence
or psychic about a woman should be punished with the penalties
imprisonment from one (1) to four (4) years and a fine of one hundred (100)
three hundred (300) days or provision of utility services
public or victims for the same time.
The penalty is taxed at one third (1/3) when the abuse is

1)

Any of those contemplated in the crime of
murder;

two)

performed by concurring some of the following circumstances:
1)

About a victim especially vulnerable by
your age or be a person with a disability of

That the culprit is or has been a spouse or person

in need of special protection;

with which the victim maintains or has maintained
a stable relationship of a nature analogous to the
previous or being an ascendant, descendant, brother

two)

In the presence of minors;

3)

Using dangerous weapons or instruments;

4)

At the victim's home; or,

of the injured party or of her spouse or partner;
3)

That the femicide was preceded by an act
against the sexual freedom of the victim;

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5)

Breaching the protection mechanisms

(1) to three (3) years, a fine of one hundred (100) to two hundred (200) days

applied based on the legislation against

and special disqualification for employment or public office of one

gender violence.

(1) to three (3) years,

In the event of two (2) or more of the circumstances

ARTICLE 212.- DENIAL OF BENEFIT IN

above, the penalty should be imposed increased by two thirds

THE EXERCISE OF PROFESSIONAL ACTIVITIES

(2/3).

OR BUSINESSES FOR REASONS OF
DISCRIMINATION. Who in the exercise of their activities

The provisions of this article must be applied without prejudice to

professional, commercial or business denies a

of another provision of this Code that has a penalty

person, group, place of residence, association or corporation

higher.

or its members for any of the reasons referred to
the previous article, a benefit to which you are entitled, must

ARTICLE 210.- COMMON PROVISION. To the effects

be punished with the penalty of special disqualification for the

of this title and taking care of the circumstances of the fact,

exercise of profession, trade, industry or trade of one (1)

understands that there are unequal reasons of power between man and

to three (3) years.

women based on gender, when death or violence
appears as a manifestation of discrimination towards

ARTICLE 213.- INCITATION TO DISCRIMINATION.

woman for the fact of being, whether or not there is a previous relationship
Hebetween
must be punished with prison terms of one (1) to two
aggressor and victim and regardless of whether it occurs in

(2) years and a fine of one hundred (100) to five hundred (500) days who

a public or private context.

develop the following behaviors:

The competent Jurisdictional Body, in the crimes described

1)

Who directly and publicly or through the media

in this chapter, they must agree in their judgments on the

communication or dissemination intended for the public,

imposition of one or more of the prohibitions provided in

incites discrimination or any form of

Article 51 of this Code for a period not exceeding

violence against a group, association, corporation

ten (10) years if the crime is serious or five (5) years if

or a part of them, or against a person

it is less serious.

determined by reason of their belonging to those,
for any of the causes mentioned in the
TITLE VI

previous articles of this title; Y,

DISCRIMINATION ON THE OCCASION OF
EXERCISE OF RIGHTS

two)

Who harms the dignity of people through
actions or expressions, including graphs, that

ARTICLE 211.- DENIAL OF THE PROVISION OF

involve humiliation, disparagement, or discrediting of

A PUBLIC SERVICE FOR DISCRIMINATION. The

any of the groups referred to in the numeral

public official or employee or, the individual in charge

above or, of a part of them or against a

of a public service, which denies a person, group,

person determined by reason of belonging to

association, corporation or its members, by reason of their

those, for any of the aforementioned causes

ideology, religion or beliefs, language, belonging to an ethnic group

in previous articles.

or race, national origin, indigenous or Afro-descendant people,
your sex, sexual orientation or gender identity, reasons for

The prison sentence must be increased by one third (1/3)

gender, marital status, family or economic situation, age,

when the events described in the preceding paragraphs are

illness or disability, a benefit to which you have

committed by a public official or employee in the exercise

right, should be punished with the prison terms of one

of his functions, in addition he must be imposed the penalty of

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special disqualification for employment or public office of one

should consider torture, pain or suffering that is

(1) to three (3) years.

consequence only of legitimate sanctions or that are
inherent or incidental to these.
TITLE VII

CRIMES AGAINST DIGNITY AND HONOR

The person guilty of torture should be punished with the penalties of
prison from six (6) to ten (10) years and absolute disqualification

CHAPTER I

from fifteen (15) to twenty (20) years.

CRIMES AGAINST MORAL INTEGRITY
With the same penalties the official or
SECTION I
TORTURE, INHUMAN TREATMENT, CRUEL OR
DEGRADANTS
ARTICLE 214.- DEGRADING TREATMENT. Who
causes a person degrading treatment through violence
physical, psychological or verbal, so that seriously affects
against his moral integrity, he must be punished with the penalties of
imprisonment of one (1) to two (2) years and prohibition of residence
for twice the length of the sentence.

public employee of penitentiary establishments or of
centers for the protection or internment of child offenders
commits with respect to inmates, detainees or convicted persons,
acts described in the first paragraph of this article.
The penalties provided for in the second paragraph must be imposed
to the civil servant or public employee who, failing to perform the duties
of his position, allows other people to execute the facts
described in the first paragraph.
The prison sentence must be increased by one third (1/3)

Penalties should be increased by one third (1/3) if the victim
is a vulnerable person due to illness, age,
disability or pregnant woman.
ARTICLE 215.- THREAT TO OBTAIN
CONFESSION. The agent of the authority, official or
public employee who threatens a person with causing
an evil to her, to her family, or to other people she is with
intimately linked, in order to obtain the confession of
having participated in a certain crime or imputed it
to another person, should be punished with the prison terms of
three (3) to six (6) years and absolute disqualification for twice
of time that the sentence of imprisonment imposed lasts.
ARTICLE 216.- TORTURE. The official commits torture

when the victim is under eighteen (18) years of age, female
pregnant, elderly person or person with
disability.
ARTICLE 217.- CRUEL, INHUMAN TREATMENT
OR DEGRADING BY PUBLIC OFFICIAL.
Commits the crime of cruel, inhuman or degrading treatment,
the public official or employee, who in the exercise of
his position, causes an impairment to the moral integrity of a
person, without the action constituting torture by reason
of its lesser severity and scope of the damage produced. Not
the pain or suffering that
are the consequence only of legitimate sanctions or that
are inherent or incidental to these.

or public employee who in the exercise of his position and with the
in order to obtain a confession or information from any

The guilty of inhumane treatment should be punished with the

person or to punish him for any act he has committed

prison terms of three (3) to six (6) years and disqualification

or is suspected of having committed for any reason based on

absolute from ten (10) to fifteen (15) years.

any type of discrimination or for any other purpose, submits
the latter to conditions or procedures that by their nature

The penalties provided for in the preceding paragraph must be imposed

intimidating or coercive, cause you suffering, a

to the civil servant or public employee who, failing to perform the duties

situation of humiliation or the suppression or reduction of

of his position, allows other people to execute the facts

faculties of knowledge, discernment or decision. I dont know

described in the first paragraph of this article.
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ARTICLE 218.- CONTESTS. The penalties provided in

minors under eighteen (18) years of age for any of the purposes

the previous articles must be imposed without prejudice to the

planned exploitation.

that correspond, where appropriate, for crimes committed against the
life, bodily integrity, health, ambulatory freedom, freedom

ARTICLE 220.- SPECIFIC AGGRAVATIVES. I know

sexual or property of the victim or a third party.

must increase the penalty by a third (1/3) when it concurs
any of the following circumstances:

SECTION II
TRAFFICKING IN PEOPLE AND DEGRADING FORMS

1)

psychic or health of the victim;

OF HUMAN EXPLOITATION
ARTICLE 219.- TRAFFICKING IN PERSONS. Must be

Life, physical integrity or

two)

The victim is especially vulnerable for reason

punishable by imprisonment from five (5) to eight (8) years,

age, illness, disability, or is a woman

who using violence, intimidation, deception or, abusing

pregnant; or,

of a situation of superiority or need of the victim
or by delivering or receiving payments or benefits for

3)

obtain the consent of the person in control
of the same, captures, transports, transfers, welcomes or receives,
inside or outside the national territory, with any of the
following purposes:
1)

organized.
It must be imposed, in addition to the corresponding prison sentence,
absolute disqualification for twice the duration of the

Exploitation in conditions of slavery,
servitude, services or forced labor,
including begging and the obligation to perform
Criminal activities;

two)

The culprit belongs to a criminal group

Forced sexual exploitation;

prison sentence, to those who carry out the acts taking advantage of
of his status as a civil servant or public employee.

ARTICLE 221.- EXPLOITATION UNDER CONDITIONS
OF SLAVERY OR SERVIDUM. Who, exercising
over another person a power of disposition or control, imposes

3)

Perform a servile marriage or de facto union or
forced;

or keeps her in a state of continual submission,
Forcing it to perform acts, work or provide services,
inside or outside the national territory, must be punished with

4)

Cause a forced pregnancy;

prison sentences of six (6) to nine (9) years and a fine of
one hundred fifty (150) to three hundred days (300) days.

5)

The removal of your organs or body tissues,
or its derived components; or,

6)

The reduction to the condition of slave or serf for the purposes of
Experimentation for the application of

this article, takes place when the situation of submission

medications, drugs, substances or techniques

is achieved through violence, intimidation, deception or abuse

clinics.

of a situation of superiority or need of the victim.

The consent of the victim is irrelevant when

The prison sentence must be increased by one third (1/3) to the

has resorted to any of the means indicated in the paragraph

half (1/2) when the victim is under eighteen (18)

first of this article.

years.

Even when none of the indicated means are used

ARTICLE 222.- EXPLOITATION OF THE MENDICITY.

in the first paragraph, any person is considered to be trafficking

Who uses a minor under eighteen (18) years of age, a person of

of the actions indicated when carried out with respect to

elderly or disabled in need of special

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protection in the practice of begging, should be punished

special for the exercise of a profession, trade, trade

with the penalty of house arrest from one (1) month to two (2) years

or industry from five (5) to ten (10) years.

or provision of services of public utility or victims
from two hundred (200) to four hundred (400) days.

For the purposes of the preceding paragraph it is also understood that no
consent exists when it has been obtained in exchange

When violence or intimidation has been used or

of a retribution.

give the victim substances harmful to health
or others that have the capacity to weaken their will, the penalty

When the victim is under eighteen (18) years of age, female

must be imprisoned from two (2) to three (3) years, without prejudice

pregnant or disabled person, in need of

to apply another provision of this Code if it provides

special protection, prison sentences must be imposed and

greater grief.

Provided fine increased by one third (1/3).

ARTICLE 223.- ARTIFICIAL INSEMINATION AND
OTHER ASSISTED REPRODUCTION TECHNIQUES
DO NOT CONSENT. Who artificially inseminates a
woman without her consent, should be punished with the penalties

ARTICLE 225.- LIABILITY OF THE
LEGAL PERSONS. When according to
established in Article 102 a legal person is

responsible for one of the offenses in this section, you must be
imprisonment from four (4) to six (6) years and a fine of one hundred (100)
impose the penalty of dissolution of the legal entity or fine
five hundred (500) days.
from one thousand (1,000) to two thousand (2,000) days.
The same penalties are incurred by those who, without the consent of

If you opt for the fine you can additionally impose

the woman, transfers pre-embryos or extracts fruit eggs

any of the following sanctions:

of artificial fertilization techniques.
1)

that the crime occurred, for a period that cannot

The penalty of two (2) to four (4) years in prison must be imposed.

exceed five (5) years;

to whom, without being legitimately authorized, disables or extracts
the woman the mechanism implanted in her body to avoid
the conception.

Suspension of specific activities in the

two)

Closure of the premises and establishments that
were used to carry out the crime, for a
term that cannot exceed five (5) years;

The penalties provided must be increased to half (1/2) if
the victim is under eighteen (18) years of age.

3)

Disqualification from obtaining grants and aid
public, to contract with the public sector and

If the act is carried out by a person linked to the

to enjoy benefits and tax incentives or

health sciences, should be imposed, in addition, the penalty of

of social security, for a period that cannot

special disqualification for the exercise of the profession of

exceed fifteen (15) years.

five (5) to ten (10) years.
ARTICLE 226.- CONTESTS. The penalties provided in
ARTICLE 224.- EXPERIMENTATION WITHOUT

the previous articles must be imposed without prejudice to the

CONSENT. Who, by any means or

that correspond, where appropriate, for other crimes committed.

procedure, subjects a person to experimentation
for the application of medicines, drugs, substances or

ARTICLE 227.- INTERNATIONAL REINCIDENCE.

techniques, without your express consent, must be

The conviction of a foreign Jurisdictional Body for

punishable by imprisonment from four (4) to six (6) years,

crimes of the same nature as those provided for in this

fine of one hundred (100) to two hundred (200) days and disqualification section, produces the effects of recidivism, except that the
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criminal records have been expunged or could have

The insults that consist in the imputation of facts, are not

be so under Honduran law.

considered serious, except when they have been carried out with
knowledge of their falsehood or reckless contempt for the

CHAPTER II

truth.

ABANDONMENT OF MINORS, PEOPLE
WITH DISABILITIES, ELDERLY OR SICK

Injuries made with advertising should be punished with the
penalty of a fine of two hundred (200) to five hundred (500) days and

ARTICLE 228.- ABANDONMENT OF MINORS OF
AGE PEOPLE WITH DISABILITIES, ELDERLY

in the event that they are without advertising, with the penalty of a fine
from one hundred (100) to two hundred (200) days.

OR SICK. Whoever abandons a person under
eighteen (18) years old, disabled, elderly or ill who
is in your custody and duty of care, should be punished
with prison sentences of four (4) to six (6) years and

ARTICLE 230.- CALUMNIA. The false one is slander
attribution of a crime done with knowledge of its falsehood
or reckless disregard for the truth.

provision of public utility services or victims
from six (6) months to one (1) year or a fine of three hundred (300) to

Slander made with advertising should be punished with

six hundred (600) days.

prison sentences from six (6) months to one (1) year and a fine

If the abandonment is carried out by their parents, guardians or

from five hundred (500) to one thousand (1000) days and in the event that it

legal guardians, the penalty must be aggravated by one third (1/3).

are without advertising with the penalty of a fine of two hundred (200)
five hundred (500) days.

If, as a result of the abandonment, the death of the
abandoned, the person's life is seriously endangered or

ARTICLE 231.- INJURIES AND CALUMNIES ON

causes injury or illness also serious, the penalty should be

SUPERVISED INSTITUTION. If the insults or slander

prison from ten (10) to fifteen (15) years, unless the fact

fall on an institution subject to the supervision and

constitutes a more serious crime.

inspection of the National Commission of Banks and Insurance
(CNBS) or its officials and as a consequence of the

For the purposes of the first paragraph of this Article and when the

referred acts, the reputation of the institution is attacked,
financial prestige or that it is subject to massive withdrawal

author is a public official or employee, professional of

of deposits or investments, greater or greater than its flow

health or auxiliary in the exercise of their functions, should be

normal or ordinary, product of the impairment in the confidence of

impose prison sentences of six (6) to nine (9) years and

the clients, users, depositors or investors generated

special disqualification for twice the duration of the

for the slander or insults proffered, the

imprisonment.

penalties indicated in the previous article increased by one
medium (1/2).
CHAPTER III

CRIMES AGAINST HONOR
SECTION I
CRIMINAL FIGURES
ARTICLE 229.- INJURY. The action or expression is insulting
that injures the dignity of another person undermining their

INJURY AND INDIRECT CALUMNIA. To the penalties
provided for in articles 229 and 230 must be subject to
who publishes, reproduces, repeats imputed insult or slander
by another, or whoever makes the imputation impersonally or,
with the expressions it is said, it is assured or another similar one.
SECTION II
COMMON PROVISIONS

fame. Only insults that due to their
nature, effects or circumstances are considered in the

ARTICLE 232.- ADVERTISING CONCEPT. The

public realm as serious.

insults and slander are understood to be made with advertising

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TITLE VIII

when they are carried out through print, television, radio,

CRIMES AGAINST FREEDOM

internet, information networks, in front of a crowd of people
or through other means of similar efficiency.

CHAPTER I
SPECIAL GRADUATION CIRCUMSTANCES

OFFENSES AGAINST AMBULATORY FREEDOM

OF THE PENALTY . When any of the expected behaviors
in this Chapter, it will be committed using the websites of

ARTICLE 235.- ILLEGAL DEPRIVATION OF FREEDOM.

collective disclosure or social networks through the internet,

Who, without legal cause, deprives a person of his freedom

the respective penalties will be increased from one sixth (1/6) to one

ambulatory should be punished with the penalty of five (5) to seven

medium (1/2).

(7) years in prison and double residence ban
time of sentence.

REPAIR PUBLICATION. Sentence

ARTICLE 236.- ILLEGAL DEPRIVATION OF FREEDOM

conviction issued in crimes against honor produced

AGGRAVATED. The event provided for in the previous article must

with advertising must order, if the offended person

be punished by imprisonment from seven (7) to nine (9)

requests, the publication in the same medium in which it was released

years, when any of the following circumstances occur:

the insult or slander of a synthesis of the pronouncement

1)

The person deprived of liberty is under

in the terms established by the competent Jurisdictional Body,

eighteen (18) years old, pregnant woman, person

in a space identical or similar to the one in which its

elderly, especially vulnerable or

dissemination, within the period indicated and at the expense of the person

suffers from a disease that prevents you from using

doomed.

herself;
two)

This provision is also applicable in case of withdrawal.

The person deprived of liberty is an official or
public employee in the exercise of his functions;

ARTICLE 233.- CIVIL LIABILITY . In case
3)

that the insult or slander is carried out with publicity, it is

The deprivation of liberty exceeds seventy-two
(72) hours;

civil liability in a subsidiary manner the natural person or
legal owner of the information medium through which

4)

The crime is perpetrated with simulation of authority

libel or slander has been spread.

or public functions; Y,

ARTICLE 234.- PROCEDIBILITY AND FORGIVENESS. In order to

5)

Drug or any other drug is applied to the victim.
substance that nullifies or weakens your will.

Proceed for insult or slander, the presentation of
complaint by the offended person.

ARTICLE 237.- ILLEGAL DEPRIVATION OF FREEDOM
No one can deduct libel or libel action.
in court without prior authorization from the Jurisdictional Body

DIMMED. When the subject gives up his purpose and leaves
released the victim within the first twenty-four

(24) hours of deprivation of liberty, without damage to your health
competent authority before which they were supposed to have been uttered.
or physical integrity, the penalty must be imprisonment for three (3) to
five (5) years.
The pardon of the offended or his legal representative, granted
in the terms of Article 108 of this Code, extinguishes

ARTICLE 238.- ILLEGAL DEPRIVATION OF FREEDOM

criminal action.

PERFORMED BY A PUBLIC OFFICIAL OR EMPLOYEE.
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When the illegal deprivation of liberty is completely

6)

The abducted person is a diplomat or consul

arbitrary and carried out by a public official or employee,

accredited in Honduras or in transit through the

national or foreign, in the exercise of their functions,

national territory or member of an organization

they must apply the penalties established in the previous articles

international, your spouse or partner,

increased by one third (1/3). It should also impose the

ascendant, descendant or relatives by

absolute disqualification penalty of ten (10) to fifteen (15) years.

consanguinity or affinity, provided that the
accompany;

The person in charge must incur the same penalties
7)

of a penitentiary, detention or

The crime is committed within a group
organized criminal;

internment, including psychiatric, immigration or
detention center for offender children, which deprives them of
8)

freedom to a person without order of competent authority or

The crime is committed with simulation of authority or
public functions; or,

without complying with legal requirements.
9)

ARTICLE 239.- KIDNAPPING. Who deprives of liberty

The victim is administered drugs or any
substance that nullifies or weakens your will.

to another person demanding some condition to release it, you must
be punished with the prison terms of eight (8) to twelve (12)
years and prohibition of residence for twice the time of
sentence.

If two (2) or more of the above circumstances concur
a prison sentence of fifteen (15) to twenty must be imposed
(20 years.

ARTICLE 240.- AGGRAVATED KIDNAPPING . The fact
provided for in the previous article must be punished with the
prison terms of twelve (12) to fifteen (15) years and prohibition
residency for twice the length of the sentence when
any of the following circumstances concur:

If the death of the
kidnapped, the sentence of imprisonment for life must be imposed.
ARTICLE 241.- ATTENED KIDNAPPING. I know
must impose prison sentences of five (5) to seven (7)
years and prohibition of residence for twice the time of

1)

The author achieves the fulfillment of the condition;

condemns it when the subject releases the person
kidnapped within the first seventy-two (72) hours of

two)

3)

The condition consists of requiring the powers

deprivation of liberty, voluntarily or as a result of

national publics or a foreign government,

negotiations, without damage to their health and physical integrity and without

any measure, concession or legal resolution or

have achieved the fulfillment of the condition that had been

illegal;

proposed.

The deprivation of liberty exceeds seventy-two

ARTICLE 242.- KIDNAPPING CARRIED OUT BY

(72) hours;

NATIONAL PUBLIC OFFICIAL OR EMPLOYEE
OR FOREIGN. When the kidnapping is done by

4)

The abducted person is under eighteen

a national or foreign public official or employee,

(18) years old, pregnant woman, advanced person

abusing the exercise of their functions, the

age, especially vulnerable or suffering from

penalties established in the previous articles increased by

illness that prevents you from fending for yourself;

one third (1/3) and also the absolute disqualification of fifteen
(15) to twenty (20) years.

5)

The kidnapped person is an official or employee
public and the kidnapping has been committed by deeds

ARTICLE 243.- PUNIBILITY OF ACTS

linked to the exercise of their functions;

PREPARATORY. Conspiracy, proposition or

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provocation to commit the crimes of kidnapping must

two)

Imprisonment of two (2) to four (4) years or benefit

be punished with the prison sentence provided for in the respective

public utility services or victims of

cases, reduced by one third (1/3).

one hundred eighty (180) to three hundred sixty (360)
days, if the threat had been conditional.

If the act is committed by a public official or employee
the penalty of absolute disqualification must also be imposed

If the threat is made in writing or through the media

for twice the length of the sentence.

computer, audiovisual or telematic, the penalties provided
they should be increased by one third (1/3). The responsibility is

ARTICLE 244.- CONTESTS. The penalties provided in
the articles included in this chapter must be imposed
without prejudice to those that correspond in your case, for crimes
committed against life, bodily integrity, health, freedom
sexual or patrimony of the victim or a third party.
CHAPTER II
CRIMES AGAINST THE FREEDOM OF
DETERMINATION
ARTICLE 245.- COACTIONS. Who, without being
legitimately authorized, prevents another with violence,

determined in accordance with the provisions of Chapter V,
Title II, Book I of this Code.
ARTICLE 247.- BLACKBOARD . Who demands from another person
money, property, reward, or the making or omission of a
act, under the threat of revealing, disseminating or imputing facts
concerning your private life that may affect your honor,
credit or prestige, should be punished with the penalties of one
(1) to three (3) years in prison and prohibition of residence for
twice the length of the sentence.
If the act is carried out by a public official or employee
Taking advantage of their functions, it should also be imposed

intimidation or force in things do what the law does not

the penalty of special disqualification for public office or office

prohibits or forces you to do what you do not want, be it fair or

from one (1) to five (5) years.

unjust, must be punished with the imprisonment of one (1)
three (3) years or provision of public utility services or
to victims from one hundred and eighty (180) to three hundred sixty
(360) days.

ARTICLE 248.- FORCED DISPLACEMENT.
Who with violence or intimidation forces or will try to force
another or his family to change or leave the place of his
residence, commercial or work activity, its establishment
educational or, any location to which you have rights

When coercion prevents another from exercising a right

property, must be punished by imprisonment of
six (6) to nine (9) years.

fundamental, the penalty of a fine of one hundred
(100) to three hundred (300) days, unless the act is punished

The penalty provided for in this article must be imposed without prejudice

with greater penalty in another provision of this Code.

of those that correspond, where appropriate, for other crimes
committed.

ARTICLE 246.- THREATS. Who threatens another with
causing him, his family, or others he is with

TITLE IX
CRIMES AGAINST FREEDOM AND INDEMNITY
SEXUAL

intimately linked, an evil in his person, honor, intimacy
or patrimony, must be punished with the following penalties:

1)

Imprisonment of one (1) to three (3) years or provision of

CHAPTER I
RAPE, ASSAULT, INCEST, STUPRO AND
SEXUAL HARASSMENT

public utility services or victims of one hundred
eighty (180) to three hundred sixty (360) days, when

ARTICLE 249.- VIOLATION. It constitutes a crime of

the threat was not conditional; Y,

rape non-consensual vaginal access,
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anal or oral with a person of either sex, as well as the

must be from six (6) to nine (9) years in prison, in those

introduction of bodily organs or objects by anyone

cases in which the consent of the victim results

of the first two (2) routes.

null because it is less than fourteen (14) although greater than twelve
(12) years, provided that the author has not reached the age of twenty-one

In any case, it should be considered non-consensual when

(21) years old and is a person close to his victim by degree

execute any of the following circumstances concurring:

development, maturity and social circumstances.

1)

Use of violence or intimidation;

ARTICLE 252.- INCEST. Who has carnal access with
your descendant, brother or nephew who is over fourteen

two)

The victim is under fourteen (14) years of age, still

(14) and under the age of eighteen (18), should be punished as

when you have your consent; or,

perpetrator of a crime of incest with prison terms of four
(4) to six (6) years, unless the act should be punished more

3)

Abuse of the victim's mental derangement or

seriously in accordance with another precept of this Code .

cancellation of your will originated by any
cause, including the use of a

ARTICLE 253.- CONTACT FOR PURPOSE

situation of absolute defenselessness of the victim.

SEXUAL WITH MINORS BY MEANS
ELECTRONICS. Who, through the technologies of

The perpetrator of a crime of rape should be punished with the

communication and information, proposes to a minor

prison terms of nine (9) to thirteen (13) years, prohibition

fourteen (14) years to arrange a physical meeting to perform

of residence and approach to the victim for twice the

sexual activities, as long as such a proposal is

time of the prison sentence.

accompanied by material acts aimed at said meeting,
must be punished with the penalty of house arrest of one

The above penalties must be increased by one third (1/3) if

(1) to three (3) years.

The circumstance of numeral 1) of the second paragraph concurs
and the victim is under fourteen (14) years of age.

When the approximation is obtained through coercion or
intimidation, must be punished with imprisonment for two (2) to

ARTICLE 250.- OTHER SEXUAL ASSAULTS.

four (4) years.

Commits the crime of sexual assault who, concurring
any of the circumstances of the preceding article, performs

The penalty established in the first paragraph of this article

acts that violate sexual freedom, other than those

should be lowered by one-fourth (1/4) when contact with the

provided for in the previous precept.

person under fourteen (14) years of age consists solely of
pretending to obtain images or videos of sexual content in

The perpetrator of this crime should be punished with the penalties of

those that appear the minor.

prison from five (5) to eight (8) years and prohibition of residence
and approach to the victim for twice the time of the

ARTICLE 254.- STUPRO. Who using deception

imprisonment.

performs acts of sexual content with a person over fourteen
(14) and under eighteen (18) years old, must be punished with

The above penalties must be increased by one third (1/3) if

imprisonment from six (6) months to one (1) year. If the acts

The circumstance of numeral 1) of the second paragraph concurs

sexual imply carnal access by any means, the penalties

of the previous article and the victim is under fourteen (14) years of age. must be in prison from one (1) to three (3) years and benefit
public utility services or victims by time
ARTICLE 251.- SUBJECT'S CONSENT

from two (2) to four (4) months or a fine of three hundred (300) to

PASSIVE. The penalties provided in the two previous articles,

six hundred (600) days.

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Who taking advantage of a relationship of superiority

ARTICLE 256.- SEXUAL HARASSMENT. Who

manifested originating from any cause and that conditions

in the context of an organization or in the scope of a

the freedom of the victim, performs acts of content

employment relationship, teacher, service provision, sports

sexual, must be punished with the penalty of one (1) to three (3)

or religious, continuous or habitual, repeatedly requests

years in prison and a fine of one hundred (100) to three hundred (300) days.
for himself or for a third party favors of a sexual nature and with
If the sexual acts involve carnal access by any means,

such behavior objectively provokes in the victim a

The penalties must be imprisonment from four (4) to seven (7) years and seriously intimidating, hostile or humiliating situation in the
fine of three hundred (300) to five hundred (500) days.

corresponding scope of relationship, must incur the penalty
imprisonment from one (1) to two (2) years.

Who without the concurrence of the circumstances to which
refer to the first paragraph of Article 249 or paragraphs

The penalty must be two (2) to three (3) years in prison if the

first and second of this article, performs acts of

guilty has prevailed in a relationship of superiority

non-consensual sexual content that violates freedom

originated by any cause or if the victim is especially

or sexual indemnity of the victim, should be punished with

vulnerable due to age, situation, illness or scarcity

the penalty of rendering services of public utility or to the

intellectual or physical development.

victims for a period of six (6) months to one (1) year or a fine of
one hundred (100) to three hundred (300) days.

CHAPTER II
CRIMES RELATED TO THE EXPLOITATION

ARTICLE 255.- SPECIFIC AGGRAVATIVES.

SEXUAL AND CHILD PORNOGRAPHY

The penalties contemplated in the previous articles may
be increased by up to a third (1/3) if any of the

ARTICLE 257.- SEXUAL EXPLOITATION. I know

following circumstances:

Sexual exploitation is understood as the use of one or more
people in prostitution, pornography, exhibitions

1)

The author makes use of weapons or other instruments

of a sexual nature or any other activities with

dangerous to the life or health of the victim, without

sexual purposes that are carried out through price, reward

prejudice to the penalties that may correspond

or promise of remuneration.

for other crimes;
The penalties provided for in this chapter must be imposed on
two)

The author has recklessly endangered

responsible for the respective conduct, without prejudice to

serious, the life of the victim or has compromised

those that may correspond for crimes against freedom

seriously your health;

and sexual indemnity that are eventually committed as
consequence of the sexual exploitation of the victim.

3)

The victim is especially vulnerable for reason
old, situation, disease, poor development

ARTICLE 258.- FORCED SEXUAL EXPLOITATION
OF OLDER AGE. Who promotes, favors

intellectual or physical and, in any case, when

o facilitates the forced sexual exploitation of an older person

less than six (6) years old;

of eighteen (18) years of age through the use of violence,
intimidation, deception, prevaluation, abuse of their alienation

4)

5)

The conduct carried out has been accompanied

mental or any means by which you get the cancellation of

of particularly degrading or humiliating acts

the will of the victim, should be punished with the penalty of

for the victim or are carried out in the context of

imprisonment from five (5) to eight (8) years and a fine of one hundred (100) to

gender violence; Y,

five hundred (500) days.

When deeds are committed by acting

ARTICLE 259.- SEXUAL EXPLOITATION OF

joint of two (2) or more people.

MINORS OR PEOPLE WITH DISABILITIES.
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Who in any way promotes, favors or facilitates the

ARTICLE 261.-PREPARATION AND USE

sexual exploitation of a person under the age of eighteen (18)

OF CHILD PORNOGRAPHY. The elaboration, sale,

or with a disability in need of special protection, or

distribution or dissemination of pornographic material in which

directly or indirectly benefits from said exploitation to

elaboration have been used under eighteen (18)

knowing such circumstances, he should be punished with the

years or people with disabilities in need of protection,

prison sentence of six (6) to eight (8) years and a fine of one hundred

must be punished by imprisonment from four (4) to six

(100) to one thousand (1000) days.

(6) years and a fine of one hundred (100) to five hundred (500) days, without
prejudice of which it is necessary to impose, in addition, by the acts

criminal acts carried out to produce pornographic material.
The penalties to be imposed must be imprisonment from eight (8) to twelve
of such pornographic material should be punished:
(12) years and a fine of one thousand (1000) to two thousand (2000) daysPossession
if the
sexual exploitation of the minor or disabled person is forced
1)

or obtained through the use of violence, intimidation,

With the same penalties, if the possession is for

deception, prevalidation or any means by which it is achieved

the sale, distribution or dissemination of the material

the annulment of the victim's will.

pornographic; Y,
two)

It should be understood, in any case, that sexual exploitation is

With penalties reduced by two thirds (2/3), if the
possession is for own consumption.

forced when the victim is under fourteen (14) years of age.
ARTICLE 260.- SPECIFIC AGGRAVATIVES. The

The penalties provided for in the preceding paragraphs must be

The penalties contemplated in the two preceding articles must be

increase by one third (1/3) when any of the

aggravate up to a third (1/3) if any of the

following circumstances:

following circumstances:

1)

1)

The victim is especially vulnerable for reason
age, situation, illness, or poor development
intellectual or physical and in any case, when
less than six (6) years old;

two)

Pornographic material reflects an image

The life or health of the victim is endangered,
without prejudice to the penalties that correspond to the
injuries or deaths caused;

two)

particularly degrading or vexatious for the

The victim is especially vulnerable for reason

victim; or,

age, situation, illness, or poor development
intellectual or physical and in any case, when

3)

less than six (6) years old;

3)

The events are carried out within the framework of a
organized criminal group.

The conduct is particularly degrading or

ARTICLE 262.- CONCEPT OF PORNOGRAPHY

vexatious for the victim; or,

CHILDISH. For the purposes of the provisions of this chapter,
child pornography is understood to be any material

4)

The events are carried out within the framework of a

audiovisual that, for the purpose of sexual arousal, collects

organized criminal group.

any kind of sexual acts or sexual conduct
explicit, made by minors under eighteen (18) years

Penalties can be increased by up to

with other people, adults or minors, or with them

two thirds (2/3) when two attend

themselves, as well as the reproduction of their sexual organs

(2) or more circumstances than anticipated

or, eventually, from other parts of the body in a context

in this article.

sexual.

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For audiovisual material to be considered pornography

sexuality, should be punished with the prison sentence of one

child it is necessary that the images or voices of children

(1) to two (2) years; in the case of minors under fourteen (14)

are at least partially real, regardless of whether

years, the prison sentence must be two (2) to three (3) years.

also have participated or not effectively in the activity
pornographic in question.

The same penalties must be imposed, in the respective
assumptions, to whom, being able and having to avoid it, does not prevent

For the purposes of this definition, they must be equated with

entry or stay of minors under eighteen (18) years of age or

minors under eighteen (18) years of age, persons with disabilities

people with disabilities in need of special protection,

in need of special protection.

to places or establishments where acts of
exhibitionism of a sexual nature.

ARTICLE 263.- LIABILITY OF THE
LEGAL PERSONS. When according to

ARTICLE 265.- SEXUAL PROVOCATION. Who

established in Article 102 of this Code, a

by any direct means sells, disseminates or exhibits between

legal person is responsible for the crimes covered

minors under eighteen (18) years of age or persons with disabilities

In this chapter, you should be imposed the penalty of dissolution of

in need of special protection, pornographic material

the legal person or a fine of one thousand (1000) to two thousand (2000) which can seriously affect the normal development of your
days. In the latter case, you can additionally impose

sexuality, should be punished with the penalty of providing

some of the following sanctions:

public utility services or victims for six (6) months

1)

Suspension of specific activities in the
that the crime occurred, for a period that cannot

two (2) years and a fine of two hundred (200) to five hundred (500)
days.

exceed five (5) years;
CHAPTER IV
two)

Closure of the premises and establishments that

COMMON PROVISIONS

were used to carry out the crime, for a
term that cannot exceed five (5) years;
3)

Prohibition of future activities

ARTICLE 266.- ERROR. In the crimes included in
the three (3) previous chapters, the penalty must be reduced to

specific in whose exercise it was committed,

impose the person responsible in half, in cases where he

favored or concealed the crime; Y,

has acted with a beatable error regarding the age, degree of
consanguinity, the personal capabilities of the taxpayer

4)

Disqualification from obtaining grants and aid

or your situation.

public, to contract with the public sector and
to enjoy benefits and tax incentives or
Social Security, for a period that cannot
exceed fifteen (15) years.
CHAPTER III
CRIMES OF EXHIBITION AND PROVOCATION
SEXUAL

ARTICLE 267.- PENALTIES WITHDRAWAL OF RIGHTS,
SECURITY AND SPECIAL MEASURES
CIVIL PRONOUNCEMENTS. It should be imposed on
those convicted of the crimes included in the present
title and in addition to the main penalties that in each case
the following apply:
1)

ARTICLE 264.- EXHIBITIONISM. Who executes

The penalties of special disqualification for the exercise

or causes other people to perform acts of exhibitionism

of the profession, trade, trade or industry of the

of a sexual nature before minors under eighteen (18) years of age or

that those responsible for the

people with disabilities in need of special protection

realization of the facts for twice the time of

that can seriously affect the normal development of your

the duration of the sentence, being able to arrive, in the
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case of parental authority, guardianship, conservatorship or guardian,
The forgiveness of the victim or his legal representative does not extinguish
to its definitive deprivation. If the author or participant in

criminal action or liability of that nature.

the offense is a public official or employee,
the penalty of disqualification must also be imposed

ARTICLE 269.- INTERNATIONAL REINCIDENCE.

absolute times twice the duration of the

The conviction of a foreign Jurisdictional Body, imposed

sentence.

for crimes included in this title that affect children
or people with disabilities, produces the effects of

2) The measure of probation, which must be executed
after the custodial sentence,
with a duration of:

recidivism, unless the criminal record has been
canceled or could have been under the law
Honduran .
TITLE X

a) Up to ten (10) years, when the prison sentence

CRIMES AGAINST INVIOLABILITY

imposed is greater than five (5) years; Y,

HOME AND PRIVACY

b) Up to five (5) years, in all other cases.

CHAPTER I
CRIMES AGAINST INVIOLABILITY

3) The penalties of prohibition of residence and

HOME

approach to the victim for twice the time
of the conviction;

ARTICLE 270.- SEIZURE OF ADDRESS.
The individual who enters someone else's home against the will

4) The civil pronouncements that proceed in

of its inhabitant or remains in it despite having been

order to filiation and fixation of maintenance, with

requested to leave him, must be punished with the penalty

independence of what must be declared regarding

imprisonment from six (6) months to two (2) years.

of the civil responsibility derived from crime. The
recognition of the conceived as a consequence

When the conduct described in the previous paragraph is carried out

of the illicit sexual relationship should not proceed in

to enter or stay, against the will of the owner, in

case of opposition of the mother; Y,

the domicile of legal persons, professional offices,
offices or public service establishments outside

5) The enforcement courts must keep a record
of sexual offenders in which they enter the data

opening hours, the penalty indicated in
the previous paragraph reduced by one third (1/3).

of people who have been convicted of
any of the crimes contained herein

If the events described in the preceding paragraphs are executed

qualification.

with violence, intimidation or simulation of authority or
public functions, the penalty must be two (2) to four (4)

ARTICLE 268.- PERSECUIBILITY. Crimes

years in prison.

contemplated in this title, must be pursued prior
complaint of the offended person or their legal representative,

ARTICLE 271.- SEIZURE BY

except rape, sexual assault, incest, and

PUBLIC OFFICIAL OR EMPLOYEE. The

related to sexual exploitation, which will be prosecuted ex officio.

civil servant or public employee who, without the formalities

If the victim was a minor or person with a disability

prescribed by law or outside the cases that it determines,

in need of special protection or helpless, the action is in

commits any of the acts described in the precept

every case public and prosecuted by the Public Ministry (MP).

above, should be punished with the prison terms of three

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(3) to five (5) years and special disqualification for twice

Who without authorization spreads intimate images of another

duration of the prison.

obtained with your consent, you should be punished with
prison terms of one (1) to three (3) years and a fine of ninety
CHAPTER II

(90) to one thousand (1,000) days.

VIOLATION AND DISCLOSURE OF SECRETS
ARTICLE 273.- LIABILITY OF THE
ARTICLE 272.- DISCOVERY AND DISCLOSURE
OF SECRETS. Should be punished with prison terms

PUBLIC OFFICIAL OR EMPLOYEE. The
public official or employee who, using his position,

outside the cases permitted by law and without crime,
from one (1) to three (3) years and a fine of three hundred and sixty (360)
commits any of the behaviors described in the article
seven hundred twenty (720) days, who to know the secrets
above, must be punished with the penalties provided in those
or violate the privacy of another and without their consent,

crimes, increased by two thirds (2/3).

develops any of the following behaviors:
1) Access, by any means, your documents,

ARTICLE 274.- DISCLOSURE OF SECRET

papers, data, information in any medium

PROFESSIONAL. Who reveals a secret of the one who has

or personal effects;

knowledge by reason of your trade or employment relationship, you must
be punished with prison terms of six (6) months to a

2) Intercepts your telecommunications; or,

3) Uses technical devices of listening, transmission,
recording or playback of sound, image or
image sequence.

(1) year and a fine of one hundred (100) to five hundred (500) days.
The professional who, in breach of his obligation to keep
secrecy or secrecy, divulges other people's secrets should be punished
with prison sentences of one (1) to three (3) years and a fine of
three hundred and sixty (360) to six hundred (600) days.

It must be punished with the penalties of two (2) to three (3) years

ARTICLE 275.- LIABILITY OF THE

imprisonment and a fine of three hundred sixty (360) to seven hundred

LEGAL PERSONS. When according to

twenty (720) days who, to the detriment of third parties and without

established in Article 102 of this Code a person

be authorized, accesses, seizes, alters or uses data

Legal is responsible for the crimes included in this

personal files incorporated into files, media, records

chapter, he must be sentenced to suspension of his

computer, electronic, telematic or any other

activities from one (1) to three (3) years or a fine of three hundred

type of file or record public or private.

(300) to five hundred (500) days.

ARTICLE 276.- SPECIFIC AGGRAVATIVES. The
Whoever disseminates, reveals or transfers the secrets or images to third parties
Penalties for the above items must be increased by one
captured in accordance with the preceding paragraphs, must be punished
third (1/3), when the following circumstances occur:
with prison sentences of two (2) to four (4) years and a fine
from three hundred sixty (360) to one thousand (1,000) days.

1) The conduct is carried out by the persons in charge or
responsible for the files, computer media,

It must be punished by imprisonment for six (6) months.

files or records;

to one (1) year and a fine of one hundred (100) to five hundred (500) days
who, not having participated in its discovery but

two)

It affects personal data that reveal

Knowing its illicit origin, it carries out the conduct listed in

ideology, religion, beliefs, health, racial origin

the previous paragraph.

or sex life;
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3)

4)

The Gazette

The victim is a minor under the age of eighteen (18)

provision of public utility services or victims

or a person with a disability in need of

from one (1) to three (3) years or a fine of one hundred fifty (150)

special protection; or,

three hundred (300) days.

The events are carried out for profit.

The same penalty should be imposed on anyone who is not married
marries a married person knowingly

ARTICLE 277.- COMMON PROVISIONS . In all

circumstance.

the cases provided for in this chapter, if the act is carried out, in
in whole or in part and under any degree of participation, for

ARTICLE 279.- CELEBRATION OF MARRIAGE

an abused public or professional official or employee

INVALID. Who, with knowledge of his disability,

of its functions, it should be imposed in addition to the penalty that

marries, must be punished with the penalty of

corresponding, that of special disqualification from office or office

provision of public utility services or victims

public, profession, trade, industry or trade for double

from six (6) months to one (1) year, or a fine of one hundred and fifty

duration of the sentence established in the crime in which

(150) to three hundred (300) days.

is incurred.
Whoever commits the acts described in the previous paragraph must
To proceed for the crimes provided for in this chapter,

be exempt from penalty if the marriage were later

precise complaint from the aggrieved person or his representative

validated.

legal. If the victim is a minor or a disabled person
in need of special protection, they can also be reported

ARTICLE 280.- MARRIAGE AUTHORIZATION

the facts ex officio by the Public Ministry (MP).

INVALID. Who authorizes marriage prohibited by the
Law or without the concurrence of the necessary requirements for

The complaint of the required aggrieved person is not necessary

its validity, must be punished with the penalty of rendering

in the previous paragraph, when the acts are committed by

public utility services or victims of eight (8)

a public official or employee in the exercise of his office

months to one (1) year or a fine of two hundred (200) to five hundred

or affect the general interests or a plurality of

(500) days.

people. In this case, the complaint can be initiated
Official letter by the Public Ministry (MP).

If these facts are carried out by professionals, by

public official or employee, must also impose the
The pardon of the offended or his legal representative, will extinguish

penalty of special disqualification for employment or public office

criminal action for the crimes set forth in this chapter, without

or for the exercise of the profession for a period of two (2) to

prejudice to the provisions of Article 109 of this Code.

four (4) years.

TITLE XI
CRIMES AGAINST RELATIONSHIPS

The above penalties must be lowered one quarter (1/4) when
the cause of invalidity was dispensable.

FAMILY

CHAPTER I

CHAPTER II
ASSUMPTION OF DELIVERY AND ALTERATION OF THE
FILIATION

ILLEGAL MARRIAGES
ARTICLE 281.- SUPPOSITION OF LABOR AND
ARTICLE 278.- BIGAMIA. Who gets married,

HIDING OR SUBSTITUTION OF MINOR. Who

has a legally recognized de facto union, subsisting

simulates a childbirth should be punished with the prison sentence of

legally the above, must be punished with the penalties

six (6) months to three (3) years.

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Who hides or delivers a minor to third parties to alter or

CHAPTER III

modify your affiliation, you must be punished with the prescribed penalty BREACH OF RIGHTS AND DUTIES
in the previous paragraph.

FAMILY

Whoever substitutes a minor for another should be punished with

ARTICLE 284.- NO PRESENTATION OR DELIVERY

imprisonment from three (3) to six (6) years.

OF MINORS OR PEOPLE WITH DISABILITIES.
Who being in charge of a minor or disabled person

The person in charge of the identification and custody of

in need of special protection, does not introduce him to his parents

minors in a health, educational or other similar center, which

or guardians when required by them, without offering

for gross recklessness allow a minor to be substituted

reasonable explanation about his disappearance, must be

on the other, it must be punished with a prison sentence of six (6)

punishable by imprisonment from six (6) months to two (2)

months to one (1) year.

years, unless the act is punished with a greater penalty in
other provision of this Code.

ARTICLE 282.- ADOPTION, HOSTING OR KEEPING
FRAUDULENT. Who, mediating compensation

ARTICLE 285.- INDUCTION TO ABANDONMENT OF

economic, gives up for adoption, foster care or custody of a minor without
HOME. Who induces a minor under eighteen (18) years or
comply with legal requirements, even when the delivery of the

person with a disability to leave the family home

minor is carried out in another country, must be punished with the penaltyor place where with the authorization of their parents, guardians or
imprisonment from four (4) to six (6) years.

guardians have established residence, must be punished

The penalty provided for in the previous paragraph must be imposed

with a prison sentence of six (6) months to two (2) years.

increased by one third (1/3) to the person receiving the
minor, as well as the intermediary in these events.

ARTICLE 286.- ABDUCTION OF MINORS OR
DISABLED SPECIAL NEEDS

ARTICLE 283.- COMMON PROVISIONS. If the

PROTECTION. The father or mother who transfers, in breach

facts described in the previous articles are committed

a court decision regarding the custody of your minor child

by the ascendants, they can be punished, in addition, with the

eighteen (18) years old or a person with a disability in their place

penalty of special disqualification for the exercise of the right
of parental authority from four (4) to eight (8) years, with respect to the
minor delivered. If they are committed by educator, religious,
doctor, midwife or midwife, nurse or any other
another professional in the exercise of his functions, civil servant

of residence without consent of the parent with whom
cohabits habitually, or the person or institution to whom
his guardianship or custody is entrusted, he must be punished
with a penalty of three (3) to six (6) years in prison.

or public employee, the penalty of
special disqualification of profession, position or public office,

The same penalty must be incurred by the father or mother who withholds or

for twice the length of the prison sentence.

hides a minor or person with a disability in need
of special protection, seriously breaching the duty

If the facts described in the previous precepts are
they produce in health centers, nurseries, schools or other
premises or establishments where children are collected or cared for,
the temporary or definitive closure of these can be agreed

established by judicial resolution.

The penalties of the previous paragraphs must be aggravated in

establishments. The temporary closure cannot exceed

one third (1/3) when the transfer of children under

five (5) years.

eighteen (18) years or persons with disabilities is carried out
outside the country or, a condition is required for their restitution.

If the events described in the previous precepts are carried out
within the scope of an organized criminal group, the penalties

ARTICLE 287.- SPECIFIC ATTENUANT. The miseries

provided for in this chapter should be increased by one third (1/3).

provided for the conduct described in the preceding article
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must be reduced by one third (1/3) in case of restitution of the

CHAPTER IV

minor or person with disabilities in their home or residence,

FAMILY ABUSE

or in a known and safe place, within seventy-two
(72) first hours of his abduction, without having been subjected to

ARTICLE 289.- FAMILY ABUSE. Who exercises

of damage to their health, physical integrity or sexual indemnity.

physical or psychological violence against your spouse, person

This period must be computed from the date of the complaint

with which you have a recognized de facto union or person

of the abduction.

with whom you maintain or have maintained a stable relationship
of analogous nature to the previous ones even without coexistence,

ARTICLE 288.- BREACH OF THE DUTY OF

or about their descendants, ancestors or siblings by

ASSISTANCE AND SUPPORT. Who fails to meet the

nature, adoption or affinity, whether they are related

legal duties of assistance inherent to parental authority,

own or the spouse or partner, should be punished with

guardianship, guardianship or foster care, must be punished

prison sentences of six (6) months to one (1) year and a fine of

with the penalty of rendering public utility services or

one hundred (100) to two hundred (200) days or provision of services

victims from six (6) to twelve (12) months or a fine of one hundred

of public utility to victims for the same time.

eighty (180) to three hundred sixty (360) days.
The penalty should be aggravated by a third (1/3) when the abuse
With the same penalty should be punished who does not pay the

It is done under any of the circumstances

legally established necessary assistance for sustenance

following:

of their descendants, ascendants or spouses who are

1)

About a victim especially vulnerable by

people in need.

your age or person with a disability;

Who, after being reliably required and

two)

In the presence of minors;

3)

Using dangerous weapons or instruments; or,

4)

At the victim's home;

having placed the victim in a situation of helplessness, leaves
to pay alimony or any other benefit
economic established legally or by virtue of an agreement or
judicial resolution approved or agreed in a process of
legal separation, divorce or declaration of nullity, must be
punishable by imprisonment from one (1) to three (3) years or

In the event of two (2) or more of the circumstances

provision of public utility services or victims of

above, the higher penalty should be imposed increased in

one (1) to two (2) years or a fine of three hundred and sixty (360) to

two thirds (2/3).
seven hundred twenty (720) days, or disqualification from office or office
public for five (5) years.

Who habitually exercises physical or psychological violence
on any of the subjects mentioned in the first paragraph

The person who pays the food owed must be exempt from penalty

of this article, should be punished with prison terms
and provides reasonable security, in the opinion of the Jurisdictional Bodyfrom one (1) to two (2) years. The penalty should be increased by
competent, of the subsequent fulfillment of their obligations,

one third (1/3) if in the commission of one or more of the

before the issuance of the corresponding sentence, always and

acts of violence have concurred any of the circumstances

when it is the first time that you breach this duty.

described in the second paragraph of this article, if there is a
two (2) or more circumstances the penalty must be increased by two

The crimes provided for in this precept are only prosecuted prior

thirds (2/3).

complaint of the aggrieved person or his legal representative.
The Public Ministry (MP) can also report when

To appreciate the regularity referred to in the previous paragraph

whether it is a minor or a person with a disability.

the number and temporal proximity of the acts must be taken into account

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of violence that are accredited, regardless of

respective cases increased by one third (1/3) and if they are

that have affected the same or several victims and that

minors under sixteen (16) years with increased penalties

violent acts whether or not they have been prosecuted

by two thirds (2/3) .

in previous processes.
ARTICLE 294.- VERTICAL LABOR HARASSMENT. Who,
The provisions of the preceding paragraphs must be applied except
that the act is punished with a greater penalty in another provision
of this Code and in particular in cases of violence
against women.

in the field of any employment relationship and taking advantage of
of a superiority relationship, performs against another person
repeatedly hostile or derogatory acts that, without
individually constitute degrading treatment, provoke
to the victim an objective and seriously humiliating situation

ARTICLE 290.- COMMON PROVISION. The organ

in the corresponding sphere of relationship, must be punished
with house arrest penalties of six (6) months to a

Jurisdictional competent, in the crimes described in the

(1) year and special disqualification for twice as long as

this chapter, you can impose in your sentences one or

the prison term lasts.

several of the prohibitions provided in Article 52 of the
this Code for a period not to exceed five

ARTICLE 295.- OFFENSE OF DISCRIMINATION

(5 years.

LABOR. Whoever commits serious discrimination in the
employment, public or private, against any person for showing
TITLE XII

CRIMES AGAINST LABOR RIGHTS

the legal or union representation of workers, by
reasons of ideology, religion or belief, language, membership
to an ethnic or race, national origin, indigenous people or

ARTICLE 291.- CRIME AGAINST SECURITY

Afro-descendant, place of residence, sex, orientation

FROM THE WORKERS. Who puts in grave danger

sexuality, gender identity, gender reasons, status

the life or health and physical integrity of the workers by

civil, family or economic situation, age, illness,

not providing them with the means and measures of safety and hygiene
necessary to carry out his work, he should be punished with the
imprisonment from six (6) months to two (2) years, without prejudice
of the penalty that could correspond to the results
harmful caused.

disability or pregnancy, should be punished with the penalties
imprisonment of one (1) to two (2) years and a fine of one hundred (100) to
two hundred (200) days.
If the guilty party were a public official, it should be imposed,
in addition, the penalty of special disqualification from office or office
for twice the length of the prison sentence, in

ARTICLE 292.- ILLICIT LABOR EXPLOITATION.

other assumptions the disqualification of profession must be applied,

Who through deception or abuse of a situation of need

trade, industry or trade for the same period of time.

harms, removes or restricts the rights that workers
are legally recognized in public or private employment,

ARTICLE 296.- LIABILITY OF THE

must be punished with imprisonment from one (1) to three (3)

LEGAL PERSONS. When according to

years and a fine of one hundred (100) to three hundred (300) days.

Penalties must be increased by one quarter (1/4) when

established in Article 102 a legal person is
responsible for the events provided for in this title, except
of those referred to in Article 294, the penalty must be imposed
of a fine of five hundred (500) to one thousand (1,000) days.

used violence or intimidation.
TITLE XIII
ARTICLE 293.-LABOR EXPLOITATION

ILLICIT TRAFFICKING OF PEOPLE

CHILDISH. If the behaviors described in the two articles
above are made on minors under eighteen (18) years of age,

ARTICLE 297.-ILLICIT TRAFFICKING OF PEOPLE.

the facts should be punished with the penalties provided in the

Who, in order to obtain, directly or indirectly,
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an economic use or other benefit of order

ARTICLE 299.- IMITATION OF FOODS,

material, promotes, favors or facilitates illegal trafficking or the

PRODUCTS OR SUBSTANCES. Who manufactures, elaborates,

clandestine immigration of people from, in transit or with

produces, imports, exports, supplies, receives, intermediates,

destination to Honduras or another country, violating the legislation

markets, offers or puts on the market a medicine

about the entry, stay, transit or exit of people,

or drug, including those for human and veterinary use, as well

must be punished by imprisonment of four (4) years

such as investigational drugs, active substance,

excipient of said medicine or a medical device,
to six (6) years and a fine of one hundred (100) to three hundred (300) days.
as well as the accessories, elements or materials that are
If the above events are carried out as part of a

essential to its integrity, so that it presents

organized criminal group, the penalties to be imposed must be

deceptively its identity or nature, including, in

imprisonment from six (6) to eight (8) years and a fine of two hundred

your case, the container and labeling, the expiration date, the

(200) to five hundred (500) days.

name or composition of any of its components or the
their dosage, their origin, including the manufacturer,

If the crime is committed by a public official or employee

the country of manufacture, the country of origin and the holder of the

in the exercise of their functions, the prison sentence must be

marketing authorization or marketing documents

increased by one third (1/3) and must also impose the

compliance, data regarding compliance with requirements

of absolute disqualification from fifteen (15) to twenty (20) years.

or legal requirements, licenses, compliance documents
or authorizations or, your history, including records and

TITLE XIV
CRIMES AGAINST PUBLIC HEALTH

documents related to the distribution channels used,
provided they were intended for public consumption, for use
by third parties and create a risk to life or danger

CHAPTER I
OFFENSES RELATING TO MEDICINES OR
MEDICAL DEVICES

ARTICLE 298.- PREPARATION AND TRADE
ILLEGAL OF MEDICINES. Who manufactures, elaborates,
produces, imports, exports, supplies, receives, intermediates,
sells, offers, puts on the market through
radio, print or television media, or store with
these purposes, medicines or drugs, including
for human and veterinary use, as well as medicines
or investigational drugs, lacking the necessary

serious for people's health, should be punished with the
imprisonment from five (5) to seven (7) years and a fine of one hundred
(100) to three hundred (300) days.
The same penalties should be imposed on whoever disturbs,
manufacture, process or at a later time, the quantity,
dosage, expiration date, or genuine composition, as
authorized or declared, of any of the medicines,
drugs, excipients, medical devices, accessories,
elements or materials mentioned in the previous paragraph or
adulterate them in a way that reduces their safety, effectiveness
or quality, generating a risk to the life or health of the
people.

authorization required by law, or medical devices that
do not have the required conformity documents

ARTICLE 300.- CRIME OF DOPING. Who, without

by the provisions of a general nature, or that were

therapeutic justification, prescribes, provides, dispenses,

deteriorated, expired or do not comply with the requirements

supplies, administers, offers or facilitates athletes

techniques related to its composition, stability and efficacy and,

non-competitive federated athletes, non-federated athletes who

This creates a risk to life or serious danger to

play sports for recreation or athletes who participate

people's health, should be punished with the penalty of

in competitions organized in Honduras by entities

sports,
imprisonment from four (4) to six (6) years and a fine of one hundred (100)
to prohibited substances or pharmacological groups,
as well as non-regulatory methods aimed at increasing

three hundred (300) days.
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their physical capacities or to modify the results of

crimes provided for in said precepts, must be punished with

competitions, which due to their content, repetition of the intake

prison sentences of one (1) to three (3) years and a fine of one hundred

or other concurrent circumstances, endangering life

(100) to two hundred (200) days.

or their health, should be punished with the penalties of
imprisonment from six (6) months to three (3) years and a fine of three hundred
ARTICLE 304. SPECIFIC AGGRAVENTS. I know
(300) to five hundred (500) days.

must impose the corresponding penalties increased by
one third (1/3) when the crime is committed with the concurrence of any

The penalties provided for in the preceding paragraph must be imposed of the following circumstances:
increased by one third (1/3) when the crime is perpetrated
1)

concurring any of the following circumstances:

The culprit is an authority, official or employee
public, physician, health professional, teacher,

1)

educator, physical or sports trainer and works in

Use of violence, deception or intimidation; or,

the exercise of their position, profession or trade;
two)

The person in charge asserts a relationship of
two)

labor or professional superiority.

Medications or drugs, active substances,
excipients, medical devices, accessories,

ARTICLE 301.- UNAUTHORIZED PREPARATION

elements or materials referred to when

OF HARMFUL SUBSTANCES. Who, out of the cases

the following circumstances:

included in the previous articles and without being
a) They have been offered through the media to

duly authorized, produces substances harmful to the

large scale whether radio, television, written

health or chemicals that can wreak havoc and

or digital.

dispatch, supply or trade with them, must be punished

b) They have been offered or provided to minors under

with a prison sentence of six (6) months to three (3) years and a fine

age, people with disabilities, or people

from one hundred eighty (180) to three hundred sixty (360) days.

especially vulnerable in relation to
product provided.

ARTICLE 302. DELIVERY OR SUPPLY
ILLEGAL OF HARMFUL SUBSTANCES. Who

3) The events have been carried out in establishments

being authorized for the trafficking of substances or

public or private by those responsible or

products referred to in the preceding article, are dispatched or

employees of the same.

supplied without complying with the formalities provided in the
respective laws and regulations, should be punished with the

CHAPTER II

penalty of a fine of one hundred eighty (180) to three hundred sixty

FOOD OR FOOD CRIMES

(360) days.

PRODUCTS INTENDED FOR CONSUMPTION

ARTICLE 303.- FORGERY OF

ARTICLE 305.- WATER ADULTERATION

PRECEPTIVE DOCUMENTATION IN THE

DRINKING AND FOOD. Who adulterates with substances

MARKETING OF MEDICINES. Who

infectious or others that may be seriously harmful to

make any false document or false content

health, drinking water or water sources intended for the

referred to any of the medications or drugs,

human consumption or food substances intended for

active substances, excipients, medical devices,

public use or consumption by a group of people,

accessories, elements or materials referred to in the

must be punished by imprisonment from three (3) to six (6)

previous items, including their packaging, labeling and mode

years and a fine of one hundred (100) to three hundred (300) days, unless

of employment, to commit or facilitate the commission of one of the

the fact is punished with a greater penalty in another provision
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of this Code and without prejudice to those that correspond

The one who causes should be punished with the same penalty, enter

for crimes committed against life, bodily integrity

or spread an epidemic in animals intended for consumption

or physical or psychological health.

human.

ARTICLE 306.- DANGEROUS SUPPLY OF

CHAPTER III

SUBSTANCES . He must be punished with the prison sentence of

COMMON PROVISIONS

two (2) to four (4) years who:
ARTICLE 308.- INHABILITATION. In crimes
1)

Supply the animals or plants intended for

regulated in the two (2) previous chapters must be imposed,

human consumption, substances not allowed or in the

in addition, the penalty of special disqualification for profession,

If allowed, do it in higher doses

trade, industry or trade for twice as long as it lasts

to those regulated or for purposes other than those

the prison sentence.

authorized that generate risk in all cases
for people's health;

ARTICLE 309.- LIABILITY OF THE
LEGAL PERSONS. When according to

two)

In food processing uses materials,

established in Article 102 of this Code, a

products or by-products containing substances

legal person is responsible for the crimes covered

strange, decomposed or toxic, with danger to

in the previous two (2) chapters, the penalty must be imposed

the life or health of people; or,

fine for an amount equal to or up to ten (10) times the
benefit obtained or intended. Additionally you can

3)

Industrializes meats for human consumption

impose any of the following sanctions:

or by-products of animals affected by

1)

Suspension of the activities in which it occurred

directly or indirectly communicable diseases

the crime, for a period that cannot exceed

to people, or treated with dangerous substances

five (5) years;

or whose dissemination creates danger to life or
two)

people's health.

Closure of the premises and establishments that
were used to carry out the crime, for a
term that cannot exceed five (5) years;

ARTICLE 307.- SPREAD OF EPIDEMICS
AND INFECT-CONTAGIOUS DISEASES.

3)

Who causes, introduces or spreads a human epidemic

Prohibition of future activities
in whose exercise it was committed, favored or

by spreading pathogenic agents or germs, it must

covered up the crime;

be punished with imprisonment from six (6) to ten (10)
years and a fine of three hundred (300) to five hundred (500) days.

4)

Disqualification from obtaining grants and aid
public, to contract with the public sector and

The one who introduces must be punished with the same penalties

to enjoy benefits and tax incentives or

or spreads a human epidemic violating the measures

Social Security, for a period that cannot

previously imposed by the competent authorities to

exceed fifteen (15) years.

prevent it.
ARTICLE 310.- IMPRUDING CRIME AGAINST
In the case of the introduction or spread of a

PUBLIC HEALTH AND SPECIAL AGGRAVANT. The

plague that endangers health, the prison sentence should be

crimes regulated in the two previous chapters that are committed

be from three (3) to five (5) years and a fine of three hundred (300) to

for gross recklessness they should be punished with the penalties

five hundred (500) days.

provided for in the previous articles reduced by one third (1/3).

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When the crimes referred to in the two chapters

3)

above are committed by an employee or public official,

The crime is committed within a group
organized criminal;

should be punished with the penalties provided for each of
them increasing by a third (1/3).

4)

The event may seriously endanger life or
the victim's health, as a consequence of the
purity of the substance, its adulteration, mixing,

CHAPTER IV

manipulation or any other circumstance

DRUG TRAFFICKING CRIMES AND

controlled by the culprit;

PRECURSORS
5)

ARTICLE 311.- DRUG TRAFFICKING. Who performs

The quantity subject to the offense is of special
importance;

acts of sowing, cultivation, harvesting, elaboration, trade,
transportation, traffic or in any way promotes, favors or
6)

facilitates the illegal consumption of toxic drugs, narcotics or

police, correctional facilities or

psychotropic substances or possess them for those purposes, you must

detention, detox teachers or

be punished by imprisonment from four (4) to seven (7)

rehabilitation;

years for drugs that do not cause serious harm to health
and from seven (7) to ten (10) years in all other cases. In both
assumptions should also be imposed a fine of one hundred (100) to
five hundred (500) days.

7)

Extraordinary means of transport are used;

8)

Violence, intimidation, or weapons are used in the
commission of the fact; or,

The prison sentences to be imposed must be, in each one
of the assumptions of the previous paragraph, from one (1) to three (3)

9)

years or two (2) to five (5) years in prison, when of the
circumstances of the fact and the personal circumstances of the culprit,
deduce less severity. Can't make use of this
rule if any of the aggravating factors contemplated in
the next article.
ARTICLE 312.-SPECIFIC AGGRAVANTS OF THE
DRUG TRAFFIC. In the case of the first paragraph
of the previous article, prison sentences must be imposed
from ten (10) to fifteen (15) years and a fine of three hundred (300) to

The conduct is directed at military units,

The conduct is directed at international traffic.

If the circumstance of numeral 3) concurs together with the
provided for in numbers 5) or 7), the prison sentences are
they should increase by one third (1/3).
ARTICLE 313.- SPECIFIC ATTENUANTS OF
DRUG TRAFFIC. The penalties of the first paragraph
of Article 311 and those of Article 312 of this Code,
must be reduced by one third (1/3) if there is any
of the following circumstances:

five hundred (500) days, if any of the circumstances concur
following:

1)

The confession of trafficking activities
drugs in which the culprit has participated and the

1)

The substances that are the object of the offense are provided to

consequent contribution or obtaining of evidence;

under eighteen (18) years old, people with
disability or people undergoing treatment

two)

Collaboration with the authorities to prevent

rehabilitation and detoxification, or are used

carrying out drug trafficking offenses or

for traffic activity;

mitigate its effects, or collaboration to contribute
or obtain evidence from others already committed;

two)

The culprit takes advantage of his public character or
of their involvement in the area of ​health sciences

3)

for the accomplishment of the fact;

Collaboration with the authorities for
identification, prosecution and prosecution of
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responsible for the commission of traffic offenses

two)

of drugs; or,

Closure of the premises and establishments that
were used to carry out the crime, for a
term that cannot exceed five (5) years;

4)

Carrying out activities aimed at
3)

deprive the criminal organization of means and

specific in whose exercise it was committed,

resources predisposed to contribute to your criminal

favored or concealed the crime; Y,

activity or the benefits obtained from it.
4)
ARTICLE 314.- TRAFFIC OF PRECURSORS.

illicit toxic drugs, narcotics or substances

Disqualification from obtaining grants and aid
public, to contract with the public sector and

Who finances, manufactures, manufactures, traffics or distributes equipment,
materials or substances destined for cultivation or processing

Prohibition of future activities

to enjoy benefits and tax incentives or
Social Security, for a period that cannot
exceed fifteen (15) years

psychotropic, or possesses them for those purposes, must be
punishable by imprisonment from four (4) to six (6) years
and a fine of one hundred (100) to three hundred (300) days.

ARTICLE 318.- PUNIBILITY OF ACTS
PREPARATORY. Conspiracy, proposition or
provocation to the commission of drug trafficking crimes,

ARTICLE 315.- SPECIFIC AGGRAVATIVES OF THE

must be punished with the corresponding prison sentence

PRECURSOR TRAFFIC. The penalty must be imposed

reduced by one third (1/3).
imprisonment from six (6) to ten (10) years and a fine of one hundred (100) to
five hundred (500) days if any of the circumstances concur
contemplated in Article 312 of this Code, or if
the culprit, being administratively authorized for the
possession and trade in precursors, divert them for purposes
illicit.

ARTICLE 319.- PENALTIES WITHDRAWAL OF RIGHTS.
The penalty of special disqualification for office must be imposed
or public office, profession or trade, industry or trade
from five (5) to fifteen (15) years, who use the
exercise of these for the execution of the crime.

ARTICLE 316.- SPECIFIC ATTENUANTS OF THE
PRECURSOR TRAFFIC. The penalty must be imposed
from one (1) to three (3) years in prison and a fine of fifty (50)
one hundred (100) days, if any of the circumstances concur
contemplated in Article 313 of this Code.

ARTICLE 320.- INTERNATIONAL REINCIDENCE .
The sentence imposed by a foreign Jurisdictional Body
for drug or precursor trafficking offenses produces the
effects of recidivism, except that the criminal record
have been or could have been canceled in accordance with the
Honduran law.

ARTICLE 317.- LIABILITY OF THE
LEGAL PERSONS. When according to

ARTICLE 321.- DEFINITIONS. By drug,

established in Article 102 of this Code a person

narcotic or psychotropic substance, means any

legal entity is responsible for drug trafficking offenses or

of the substances included in Lists I, II and IV of the

precursors, the penalty of dissolution of the

Single Convention and its United Nations Protocols on

legal entity or fine of five hundred (500) to one thousand (1000)

narcotics, made in New York in 1961 and on the Schedules

days. In the latter case, additionally, it may be imposed

I, II, III and IV of the Convention and its Protocols of Nations

some of the following sanctions:

United States on Psychotropic Substances, done in Vienna on 21
February 1971.

1)

Suspension of specific activities in the
that the crime occurred, for a period that cannot

It is understood that derivatives do not cause serious harm to health

exceed five (5) years;

indica or American hemp or cannabis sativa. The rest

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of the drugs included in the lists referred to in the
previous paragraph should be considered to cause serious damage to

3) Driving with total disrespect for the rules more
elementals of road traffic.

health for the purposes of this Code.
TITLE XVI
By quantity of special importance is understood the

CRIMES AGAINST THE ENVIRONMENT

following: 1) ten thousand (10,000) grams of marijuana, 2) thousand
(1000) grams of hashish, 3) two thousand (2000) grams of cocaine

CHAPTER I
CRIMES AGAINST THE BALANCE OF

or alkaloid derived from cocaine, 4) sixty (60) grams

ECOSYSTEMS

of opium or its derivatives or, 5) two hundred (200) grams of
synthetic drug or four hundred (400) milliliters when the drug

ARTICLE 324.- AIR POLLUTION, THE

synthetic is in solution.

WATERS OR SOILS. Who, in violation of the
environmental protection legislation, carries out activities

By precursors are understood the substances collected in the

pollutants that affect the atmosphere, marine waters,

Tables I and II of the United Nations Convention against

continental waters, soil or subsoil and thus puts

Illicit Traffic in Narcotic Drugs and Psychotropic Substances,

in serious danger the balance of an ecosystem, must be

made in Vienna on December 20, 1988.

punishable by imprisonment from three (3) to six (6) years
and a fine of three hundred (300) to six hundred (600) days.

ARTICLE 322.- CRITERIA FOR THE
DETERMINING THE AMOUNT OF DRUGS

ARTICLE 325.- ILLEGAL EXPLOITATION OF

APPREHENDED. For the purpose of determining the quantity

NATURAL RESOURCES. Who, with violation of

of the seized drug, except in the case of cannabis, is

the protective provisions of the environment, carries out

takes into account the amount of active ingredient, if the nature

activities of collection, extraction or illegal exploitation of

of the drug or its presentation allow it.

water, forest, mineral or fossil resources, so
that seriously endangers the balance of an ecosystem,

TITLE XV
VIAL SECURITY FELONY
ARTICLE 323.- TEMERARY DRIVING. Who
drives a motor vehicle with manifest recklessness and
puts the life or integrity of persons in concrete danger,

must be punished with prison terms of three (3) to six
(6) years and a fine of three hundred (300) to six hundred (600) days.

The penalties to be imposed must be increased by one third (1/3) if
the above behaviors are carried out through employment
of polluting media or techniques.

must be punished with prison terms of six (6) months
to three (3) years and deprivation of the right to drive
motor vehicles per time from one (1) to six (6)
years.

For the purposes of the provisions of this article, it is considered
exploitation of any activity aimed at obtaining
use of a resource, including storage,

For the purposes of this article, it is understood that it is driving

industrialization, commercialization and transfer of the product

reckless:

or by-product derived from exploitation.

1)

Driving exceeding by more than half, the limit

ARTICLE 326.- ILLEGAL HANDLING OF WASTE

speed permitted by regulation in

DANGEROUS. Who removes, manages, markets or

each type of road;

moves hazardous waste with violation of controls
legal regulations established for cross-border movements

two)

Driving under the influence of toxic drugs,

of these substances and their disposal in a way that can

psychotropic substances or alcoholic beverages; or,

seriously impair the balance of an ecosystem, it must
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be punished with the penalties provided in the previous article,

ARTICLE 330.- DA Ñ OSAESPECIES

in their respective assumptions.

THREATENED. Whoever violates the provisions of
the legislation protecting species and habitats destroys,

CHAPTER II
CRIMES AGAINST BIOLOGICAL DIVERSITY

collects, captures or trades specimens of flora or fauna
threatened or illegally trafficked in them or their remains,
in a way that endangers the state of conservation of the

ARTICLE 327.- FOREST FIRE. Who provokes

species affected, should be punished with prison terms

a fire in forest lands, wooded stands or in an area

from six (6) months to three (3) years and a fine of fifty (50) to

vegetable protected for its ecological value, must be punished

three hundred (300) days.

with prison sentences of five (5) to eight (8) years and a fine

from two hundred (200) to five hundred (500) days.

ARTICLE 331.- ILLEGAL CAPTURE OF
SPECIMENS. Who catches specimens of fauna

If the above behaviors were of considerable importance,
taking into account its surface, level of protection, quality of
the area or vegetation and location, the prison sentence
must be from eight (8) to twelve (12) years.
When as a consequence of the fire the
results provided for in Article 183 or with the circumstances
of Article 184 of this Code, the penalty must be imposed
more serious in its upper half.

other than those indicated in the previous article,
in quantity, place, time or manner expressly prohibited
by the laws or general provisions applicable to hunting
or fishing and thus endangers the state of conservation
of the affected species, should be punished with the penalties of
imprisonment from six (6) months to two (2) years and a fine of fifty
(50) to two hundred (200) days.
ARTICLE 332.- SPECIFIC AGGRAVATIVES
OF CRIMES AGAINST DIVERSITY
BIOLOGICAL. The events set forth in this chapter must be

ARTICLE 328.- INTRODUCTION OF SPECIES

punish with the respective penalties increased by one third

EXOTIC. Who, in violation of the provisions

(1/3) when any of the following circumstances occur:

protective species and habitats, introduces or releases in
the natural environment specimens of exogenous flora or fauna and

1)

An endangered species is affected

thereby endangering the maintenance of diversity

extinction or listed as a national symbol;

biological in the affected area, should be punished with the penalties
imprisonment from two (2) to four (4) years and a fine of two hundred

two)

Special means or techniques are used

(200) to five hundred (500) days.

destructive to the affected species, and,

When the conduct described in this article is done with the

3)

It is carried out in an area declared as a reserve

purpose of making a profit, the penalty will be increased by

biological.

third (1/3).
CHAPTER III
ARTICLE 329.- PROPAGATION OF PESTS OR

PROVISIONS COMMON TO OFFENSES

DISEASES. Who spreads a pest or disease

ENVIRONMENTAL

in wooded areas or natural habitats of wild species
and thereby endangers the maintenance of diversity

ARTICLE 333.- COMMON AGGRAVANTS TO

biological in the affected area, should be punished with the penalties

CRIMES AGAINST THE ENVIRONMENT. The facts

imprisonment from two (2) to four (4) years and a fine of two hundred provided for in the preceding articles must be punished
with the penalties established respectively, increased by
(200) to five hundred (500) days.
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one third (1/3), when any of the circumstances concur

favorably informed or tolerated the performance of

following:

facts provided for in this title, knowing their illegality,
should be punished with the same penalties as the author of the

1)

People's life or health is endangered,

In fact, increased by one third (1/3), plus disqualification

unless a more serious penalty applies

special for public office or employment for twice the time

attending to other provisions of this

of the custodial sentence actually imposed.

Code;
If in the actions or omissions described in the articles
two)

It affects a natural space especially

previous of this title participates an official or employee

protected by its environmental values;

public, it should be imposed the penalties that are applicable
increased by one third (1/3) and in any case, penalty of

3)

4)

There are devastating effects or there is a

special disqualification for employment or public office for

risk of irreversible or catastrophic deterioration for

twice the length of the custodial sentence than you

the balance of ecosystems or the maintenance

appropriate, depending on their degree of participation in the

of biological diversity; or,

crime.

The facts are carried out within a group

ARTICLE 337.- LIABILITY OF THE

organized criminal.

LEGAL PERSONS. When according to
established in Article 102 of this Code, a

The penalties to be imposed must be increased by two thirds

legal person is responsible for the crimes contained

(2/3) when two (2) or more circumstances of the

in this title, you must be fined for a

expressed in the previous numeral.

an amount equal to or up to three times the value of the damage caused or
of the benefit obtained.

ARTICLE 334.- DEPRIVATIONS OF RIGHTS. The
Judge can impose the guilty of committing a crime

Additionally, some of the sanctions may be imposed

environmental, disqualification from obtaining subsidies and

following:

public aid, to contract with the public sector and to
1)

enjoy the benefits or tax incentives or Security

Suspension of specific activities in the

Social, as well as the disqualification for the performance of positions,

that the crime occurred, for a period that cannot

jobs or activities that are directly

exceed five (5) years;

related to the crime committed. The duration of these
two)

Penalties cannot exceed twice the time of the privative penalty

Closure of the premises and establishments that
were used to carry out the crime, for a

of freedom actually imposed.

term that cannot exceed five (5) years;
ARTICLE 335.- IMPRUDING ENVIRONMENTAL CRIME.

3)

Prohibition of future activities

The events provided for in the previous articles of this

specific in whose exercise it was committed,

title should be punished with the penalties established for

favored or concealed the crime; Y,

each crime, cut in half, when committed by
4)

serious recklessness.

Disqualification from obtaining grants and aid
public, to contract with the public sector and

ARTICLE 336.- LIABILITY OF

to enjoy benefits and tax incentives or

PUBLIC OFFICIAL OR EMPLOYEE. The official

Social Security, for a period that cannot

or public employee who has authorized, ruled or

exceed ten (10) years.
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ARTICLE 338.- SPECIFIC ATTENUANTS. The

injuries that seriously impair your health, the penalty should be

Competent Jurisdictional Body may lower the penalties to

be from six (6) months to two (2) years. The Jurisdictional Body

impose for the events provided for in this title up to half

The competent authority may also impose a penalty of disqualification

of the same in the following cases:

special for the exercise of profession, trade, trade or
industry that relates to animals from one (1) to three

1)

The culprit has voluntarily proceeded to

(3) years of duration.

repair the damage caused or neutralize the risk
created before proceeding against him;

The penalties provided for in the preceding paragraph may be increased
up to two-thirds (2/3) when the facts are one

two)

The culprit collaborates with the authorities to

special cruelty, taking into account the circumstances of the abuse

prevent the commission of environmental crimes or

and the suffering caused to the animal.

mitigate its effects, to provide or obtain evidence
of others already committed or for identification,

ARTICLE 342.- ABANDONMENT OF ANIMALS. Who

prosecution and prosecution of other responsible parties;

abandons a domesticated or domesticated animal

or,

dangerous to his life or physical integrity must be punished
with the penalty of rendering public utility services or

3)

Considering the lesser gravity of the fact and the

victims from six (6) to eight (8) months or a fine of one hundred (100)

personal circumstances of the culprit, when

to two hundred (200) days. The competent Jurisdictional Body

the crime is committed in an artisanal way or to

may also impose a special disqualification penalty

Domestic consumption.

for the exercise of profession, trade or trade that has
relationship with animals of up to two (2) years in duration.

ARTICLE 339.- BALANCE RESTORATION
TITLE XVIII
URBAN CRIMES

ECOLOGICAL. The competent Jurisdictional Body must
order the adoption, by the person responsible for the act, of
the necessary measures aimed at restoring balance

ARTICLE 343.- ILLEGAL URBANIZATION. Who
plot, urbanize, build or construct without authorization
where appropriate, as well as any other necessary precautionary measure
or administrative license necessary for such activities,
for the protection of affected environmental assets.
must be punished with prison terms of two (2) to five
(5) years and a fine of an amount equal to or up to three times the amount
ARTICLE 340.- INTERNATIONAL REINCIDENCE.
benefit obtained or damage caused, as long as it affects
ecological or biological disturbed, including reforestation

The sentence imposed by a foreign Jurisdictional Body

any of the following types of soil:

for crimes of the same nature as those provided for in this
1)

title produces the effects of recidivism, except that the

Reserve areas for the construction of works

criminal records have been expunged or could have

public, public domain or reserved areas

be so under Honduran law.

for public use;
two)

TITLE XVII

Polluted areas or for natural reasons,
dangerous for the population;

CRIMES AGAINST ANIMAL WELFARE
3)

Green areas or that have legal or administrative

ARTICLE 341.- ABUSE OF ANIMALS.

recognized its landscape, ecological value,

Who unjustifiably mistreats a domestic animal or

artistic, historical or cultural or that by the same

domesticated, causing death, must be punished with the

reasons have been considered special

imprisonment from two (2) to four (4) years; if it provoked him

protection; or,

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Rural areas in which the

legal person is responsible for the crimes covered

urbanization or building.

in this title, you must be fined for a
an amount equal to or up to three times the profit obtained or that

ARTICLE 344.- IRREGULAR APPROVAL BY

could have been obtained, or the damage caused.

PART OF PUBLIC OFFICIAL. Must be

Additionally, some of the sanctions may be imposed

punishable by imprisonment from three (3) to five (5) years

following:

and special disqualification for public office or office by the
twice the length of the prison sentence, the official

1)

Suspension of specific activities in the

or public employee who, knowing its illegality,

that the crime occurred, for a period that cannot

individually or as a member of a collegiate body,

exceed five (5) years;

intervenes as follows:
two)
1)

Closure of the premises and establishments that

Resolve or vote in favor of the approval of

were used to carry out the crime, for a

planning instruments, projects

term that cannot exceed five (5) years;

urbanization, subdivision, reparcelling,
construction, building or the concession of
two)

3)

Prohibition of future activities

licenses; or,

specific in whose exercise it was committed,

Dictates or favorably reports instruments

favored or concealed the crime;

planning, urbanization projects,
subdivision, reparcelling, construction,

4)

Disqualification from obtaining grants and aid

building or licensing so

public, to contract with the public sector and

contrary to land use regulations

to enjoy benefits and tax incentives or

or current urban planning.

Social Security, for a period that cannot
exceed fifteen (15) years; or,

The above behaviors are only punishable when
effectively resolved in favor of the instrument, project

5)

Judicial intervention to safeguard the

or illegal license.

rights of workers or creditors
for as long as necessary, but not

ARTICLE 345.- LIABILITY OF THE

it may exceed five (5) years. This intervention

PUBLIC OFFICIAL BY DEFAULT. The

It can be total or partial, it will have the content that

public official or employee who on the occasion of

is fixed in the court decision and can be modified

inspections, does not report the violation of

by the competent Jurisdictional Body, both

territorial or urban planning in force or omits

material as temporarily, in attention to

conducting mandatory inspections,
thus favoring the performance of behaviors

the reports periodically made by the

described in Article 343 of this Code, must be

controller and the Public Ministry (MP).

punishable by imprisonment from two (2) to four (4) years
and special disqualification for public office or office by the

ARTICLE 347.- DEMOLITION OF IT

twice the length of the prison sentence.

ILLICITLY BUILT. The Jurisdictional Body
competent authority, by means of a reasoned resolution, may order

ARTICLE 346.- LIABILITY OF THE

in charge of the perpetrator, the demolition of the work and the

LEGAL PERSONS. When according to

restitution of the soil to its previous state, without prejudice to the

established in Article 102 of this Code, a

indemnities due to third parties in good faith.
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TITLE XIX

two)

The acts are committed within a group

CRIMES AGAINST CULTURAL HERITAGE

organized criminal; or,

ARTICLE 348.- ILLICIT TRAFFICKING OF GOODS OF THE

3)

The facts are made with abuse of any

CULTURAL HERITAGE. Who, in violation of the

advantage, influence situation or circumstance

applicable laws and general provisions, performs operations

that facilitates the commission of the crime. The organ

import, export, trade or circulation of goods

Competent jurisdiction may also impose

belonging to the Cultural Heritage of the Nation, must be

of the corresponding penalties, that of disqualification

punishable by imprisonment from three (3) to six (6) years

for the performance of positions, jobs or activities

and fine for an amount equal to or up to four (4) times the

that have facilitated the commission of the crime, as well as

profit obtained or pursued.

deprivation of the right to receive subsidies
or public aid related to the events

ARTICLE 349.- ALTERATION OF PROPERTY

committed. The duration of these sanctions does not

BELONGING TO THE CULTURAL HERITAGE.

can exceed twice the maximum duration of

Who, in violation of the laws and general provisions

the prison sentence foreseen for the act committed.

applicable, destroys, damages or seriously alters a property
uniquely protected for its historical, cultural or

ARTICLE 352.- LIABILITY OF THE

artistic, must be punished with prison terms of three (3)

PUBLIC OFFICIAL OR EMPLOYEE. The

to six (6) years and a fine of an amount equal to or up to four

public official or employee who has authorized,

(4) times the benefit obtained or pursued.

ruled or reported favorably or tolerated the
realization of the events provided for in this title, knowingly

ARTICLE 350.- EXPOLITION OF AREAS

of his illegality, he should be punished with the same penalties

ARCHAEOLOGICAL. Who, in violation of the laws

than the perpetrator, increased by one third (1/3), plus

or applicable general provisions, performs

special disqualification for public office or office for twice

exploration, excavation or removal in zones or deposits

of the maximum duration of the prison sentence foreseen for the

archaeological sites, thereby endangering the state of

done committed.

conservation of the place, should be punished with the penalties of
imprisonment from four (4) to eight (8) years and a fine of one hundred (100) to
If in the actions or omissions described in the articles
one thousand (1000) days, without prejudice to the penalty that corresponds to the
previous of this title participates an official or employee
damage caused or illegal seizure of the pieces found.
public, the corresponding penalties must be imposed
Who finds archaeological remains or assets and does not give an account

increased by one third (1/3) and in any case penalty of

of the discovery to the authorities in charge of its

special disqualification for employment or public office for

conservation or custody, must be punished with the penalty of

twice the maximum length of the prison sentence than

one (1) to three (3) years in prison.

appropriate, depending on their degree of participation in the
crime.

ARTICLE 351.- SPECIFIC AGGRAVENTS.
The penalties provided for in the previous articles are due
increase by one third (1/3) when any of the
following circumstances:

ARTICLE 353.- LIABILITY OF THE
LEGAL PERSONS. When, according to what
established in Article 102 of this Code, a
legal person is responsible for the crimes contained

1)

The assets affected by the events are of special

in this title, you must be fined for a

value, attending to its particular connotations

amount equal to or up to five (5) times the value of the damage

historical, cultural or artistic;

caused or the benefit obtained with the commission of the crime.

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Additionally, some of the sanctions may be imposed

order the adoption by the author of the fact of the measures

following:

necessary to repair the damage caused, including in its
case, the return of the goods to their place of origin. Likewise

1)

Suspension of specific activities in the

can order any precautionary measure necessary for the

that the crime occurred, for a period that cannot

protection of affected cultural property.

exceed five (5) years;
two)

Closure of the premises and establishments that
were used to carry out the crime, for a
term that cannot exceed five (5) years;

3)

Prohibition of future activities
specific in whose exercise it was committed,

ARTICLE 356.- INTERNATIONAL REINCIDENCE.
The conviction issued by a foreign Jurisdictional Body
for crimes of the same nature as those provided for in this
title produces the effects of recidivism, except that the
criminal records have been expunged or could have
be so under Honduran law.

favored or concealed the crime; or,
TITLE XX
4)

CRIMES AGAINST HERITAGE

Disqualification from obtaining grants and aid
public, to contract with the public sector and

CHAPTER I

to enjoy benefits and tax incentives or

THEFT

of social security, for a period that cannot
exceed ten (10) years.

ARTICLE 357.- SIMPLE STEALTH. Who with the spirit of
ARTICLE 354.- SPECIFIC ATTENUANTS. The
Competent Jurisdictional Body may lower the penalties to
impose for the events provided for in this title up to two
thirds (2/3) in the following cases:
1)

The subject has voluntarily proceeded to repair
the damage caused, before the procedure is directed
against him, restoring in his case the goods object

profit for himself or for a third party and without consent, seizes
of someone else's movable thing whose value exceeds Five Thousand
Lempiras (L. 5,000), must be punished by imprisonment
from six (6) months to two (2) years.
ARTICLE 358.- THEFT OF LIVESTOCK OR HARVESTS.
The crime of theft of livestock is committed in the following cases:

of the crime;
two)

1)

Greater cattle with a value greater than Five Thousand
Lempiras (L. 5,000), must be punished with the penalty

The culprit collaborates with the authorities to

imprisonment from two (2) to four (4) years; Y,

prevent the commission of environmental crimes or
mitigate its effects, to provide or obtain evidence

two)

of others already committed, or for identification,

Minor cattle with a value greater than Ten Thousand
Lempiras (L. 10,000), should be punished with the

prosecution and prosecution of other responsible parties;

prison sentence of (1) to three (3) years.

or,
If it does not exceed said value but does exceed Five Thousand Lempiras
3)

Considering the lesser gravity of the fact and the

(L.5,000) must be punished with the penalty corresponding to the

personal circumstances of the culprit, when the

theft crime.

crime is not attributable to the exercise of an activity
habitual or professional illicit.

The penalties described in the previous paragraphs, except in the
second paragraph of numeral 2), will be increased by one third

ARTICLE 355.- RESTORATION OF HERITAGE

(1/3) of seizing the subject of three (3) or more heads of

CULTURAL. The competent Jurisdictional Body must

major or minor cattle.
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Commits the crime of theft of crops who with purposes

5)

By disabling specific alarm systems, it saves

commercial, transport, store, pack, transform or

or other analogs; or,

transfer products of marine, terrestrial or aquaculture origin,
without the required documents to the case and without having accredited

6)

Using fake keys. False keys mean:

otherwise authorization to perform operations
above, must be punished with the prison sentence of one

a) Lock picks or other similar instruments;

(1) to three (3) years.
b) The legitimate keys lost by the owner or
If the value of the transported products without the accompanying

obtained by means that constitutes infringement

of the designated documents referred to in paragraph

penal;

above, exceeds the amount of Twenty Thousand Lempiras (L.20,000),
the penalty must be from three (3) to four (4) years in prison.

c)

Those keys other than those intended
by the owner to open the broken lock

ARTICLE 359.- THEFT OF POSSESSION. The owner of

in crime; Y,

a movable thing or another person with your consent, that
deprives of it whoever has it legitimately in their power, with

d) Use of magnetic or punched cards, remote controls

detriment of the holder or a third party, must be punished with

or remote opening instruments, control

imprisonment from six (6) months to one (1) year if the value

remote control or other electronic devices capable of

of the thing does not exceed Five Thousand Lempiras (L5,000) and if it is

cause opening.

higher, the penalty should be increased by one third (1/3).
ARTICLE 361.- ROBBERY WITH VIOLENCE OR
CHAPTER II
STOLE

INTIMIDATION. Who, for profit, seizes
of someone else's personal property using violence or intimidation
in people, should be punished with the prison sentence of

ARTICLE 360.- ROBBERY WITH FORCE. Who with courage

four (4) to eight (8) years, without prejudice to the corresponding

profit, seizes someone else's movable thing using force

to acts of violence that he carries out.

in things, he must be punished with the prison sentence of two
ARTICLE 362.- THEFT OF LIVESTOCK. Who employing

(2) to four (4) years.

force in things, commits the crime of theft of cattle, must
For the purposes of this precept, it is understood by force in the

be punished as follows:

things, executing the fact with the concurrence of one of
1) Major cattle, with a prison sentence of four

the following circumstances:

(4) to six (6) years; or,

1)

With scaling;

two)

Breaking wall, ceiling or floor;

2) Small cattle, with a prison sentence of three (3)
to five (5) years.

3)

Fracturing door, window or closet;
The penalties described in item 1) must be increased by one

4)

Breaking furniture or closed object or with

third (1/3) of seizing the subject of three (3) or more heads
of larger cattle.

lock picking or discovery of
keys to subtract its content, be it in the place

If the theft of livestock is carried out with violence or intimidation

theft or out of it;

in people, it should be punished with the penalty of six (6) to eight

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(8) years in prison, without prejudice to that corresponding to the

CHAPTER IV
THEFT AND THEFT OF VEHICLE USE

acts of violence that you carry out.

AUTOMOTIVE
CHAPTER III
GENERAL PROVISIONS FOR OFFENSES
OF THEFT AND THEFT

ARTICLE 364.- THEFT AND THEFT OF USE OF
AUTOMOTIVE VEHICLE. Who, without the intention of
appropriation, steals or uses without proper authorization a

ARTICLE 363.- SPECIFIC AGGRAVATIVES. The
Theft or robbery penalties should be increased by one third (1/3)
when any of the following circumstances occur:

1)

Things of scientific and artistic value are subtracted,
historical, cultural or monumental;

two)

3)

4)

motor vehicle should be punished with the penalty of one
(1) to three (3) years in prison, if you return it to the place where you
stolen or its owner, in a period not exceeding twelve
(12 hours.
If for the abduction force was used in things, the penalty
The prison term must be two (2) to four (4) years.

It deals with things of first necessity and originates

If it is not returned within the period indicated in the first paragraph of the

a situation of shortage;

present article, the act should be punished as theft or robbery.

It is a thing intended for a public service,

If violence or intimidation is used for the abduction

of public or private ownership and a

in people, should be punished with the penalties of theft with

grave loss to him;

violence and intimidation.

The event is particularly serious in view of the

CHAPTER V

value of the effects stolen;

5)

There are damages of special consideration;

SCAMS AND OTHER DEFRAUDS

ARTICLE 365.- SCAM. Who cheats with encouragement
profit, uses enough deception to fail another

6)

The victim or his family is put in serious condition
economic situation;

7)

The conduct is carried out by abusing the

and induces him to carry out an act of disposition to the detriment
own or others. The crime of fraud is also committed in
following cases:
1)

personal circumstances of the victim;

Who with the purpose of obtaining a profit
illicit gets non-consensual transfer
of any patrimonial asset to the detriment of

8)

Minors are used for the commission of the crime; or,

third, through computer manipulation
or the use of another similar device; Y,

9)

The acts are committed using weapons or other
two)

equally dangerous means or instruments that

Who uses credit card illegitimately
or debit, check, promissory note, bill of exchange,

I'll take the subject.

data in any of them or any
In the case of concurring two or more of the above

another similar form of payment, made with the intention of

circumstances, the penalty for theft or robbery is due

profit from operations to the detriment of its owner or

increase by two thirds (2/3).

a third.
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The crime of fraud must be punishable by imprisonment of

ARTICLE 367.- IMPROPER SCAMS. Must be

two (2) to four (4) years if the value of the defrauded, exceeds

punish with a prison sentence of three (3) to five (5) years,

of Five Thousand Lempiras (L5,000).

who executes any of the following behaviors:
1)

To determine the penalty in these crimes, it is necessary to

Who to the detriment of a third party, has one thing

attend to the amount of the defrauded, the economic loss

furniture or property hiding the existence of

caused to the injured party, the relationship between him and the

any charge or encumbrance thereon;

fraudster, the means employed by the defendant and any
two)

other similar circumstances that serve to assess the

Who alienates, burdens or leases a movable thing
or real estate, falsely attributing powers

severity of the offense.

of disposition on the thing;
ARTICLE 366.- SPECIFIC AGGRAVATIVES. The

3)

The penalties provided for in this chapter should be increased by

Who grants a contract to the detriment of another
simulated; Y,

third (1/3) if any of the following circumstances concur:
4)
1)

Who in a judicial proceeding, manipulates the

The facts fall on first-rate things

evidence on which you intend to base your allegations or

necessity or intended for a public service, of

employs another analogous procedural fraud, causing

public or private ownership or housing;

error in the competent Jurisdictional Body and
leading him to issue a resolution that harms

two)

The goods that are the object of the crime are part of the

the economic interests of the other party or of a

historical, artistic, cultural or scientific heritage

third. It also incurs in this modality of

of the nation;

scam who, in the manner described, causes an error in
the opposite party, leading her to change her will

3)

The events are particularly serious due to the

procedural and damaging their economic interests.

amount defrauded;
ARTICLE 368.- LIABILITY OF THE
4)

The facts are committed with abuse of signature or
theft, concealment or disablement, in all
or in part, of some procedure, file,

LEGAL PERSONS. When according to
established in Article 102 of this Code, a

protocol or public or official document of

legal person is responsible for the crimes covered

any class;

In this chapter, he should be imposed the penalty of closure of the
premises and establishments that have been used to commit

5)

6)

The facts are committed in the field of the sector

this crime for a period of one (1) to five (5) years and a fine

financial; or,

for twice the value of what was defrauded.

The facts are carried out by whoever holds the

ARTICLE 369.- ENERGY DEFRAUDS,

de facto or legal administrator status

FLUIDS AND TELECOMMUNICATIONS. Who with

of a company incorporated or in formation.

profit motive, seizes, steals or uses electricity, gas,
water, telecommunications, energy or foreign fluids, using

In the event of two or more of the above circumstances concur

clandestine or unauthorized means to do so, must be

penalties may be increased by up to two thirds (2/3).

punished with the following penalties:

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Imprisonment of six (6) months to one (1) year and fine

two)

1)

Who, for profit, appropriates someone else's thing

from one hundred (100) to two hundred (200) days if the value

lost or no known owner with a value greater than

of the defrauded exceeds the Five Thousand Lempiras

Five Thousand Lempiras (L. 5,000). If it's about thing

(L5,000) and does not exceed Fifty Thousand Lempiras

with artistic, historical, cultural or scientific value

(L.50,000.00);

the penalty must be increased by one quarter (1/4); Y,

Prison from one (1) year to two (2) years and fine

two)

Who wrongly receiving thing by mistake

two hundred (200) to three hundred (300) days if the

furniture worth more than Five Thousand Lempiras

value of the defrauded exceeds Fifty Thousand

(L. 5,000), denies having received it or does not proceed to its

Lempiras (L.50,000.00) and does not exceed Two Hundred

return after being claimed.

Thousand Lempiras (L.200,000.00); or,
CHAPTER VII
3)

Imprisonment of two (2) to three (3) years and a fine of

EXTORTION

three hundred (300) to four hundred (400) days if the
value of the defrauded exceeds Two Hundred Thousand

ARTICLE 373.- EXTORTION . Who with violence or

Lempiras (L.200,000.00).

intimidation and profit motive, forces or tries to force another
to carry out or omit a legal act or business to the detriment of

CHAPTER VI
FRAUDULENT ADMINISTRATION AND
IMPROPER APPROPRIATIONS

your property or that of a third party, should be punished with the
imprisonment from ten (10) to fifteen (15) years and a fine of
five hundred (500) to one thousand (1000) days, without prejudice to which
could be imposed by acts of physical violence or of

ARTICLE 370.- FRAUDULENT ADMINISTRATION.

intimidation performed.

Who having powers granted by law, resolution
judicial or administrative or legal business to administer

If death is caused, intentionally or recklessly,

someone else's patrimony, exceeds its exercise and causes a

extorted, spouse, housemate, or member

damage to the assets of the administered, must be punished

of your family within the fourth degree of consanguinity or

with the penalties established in articles 365 or 366 of the
this Code.

second of affinity or anyone who has a relationship
labor with the victim or with the extorted legal entity,
the sentence of imprisonment for life must be imposed.

ARTICLE 371.- APPROPRIATION AND RETENTION
UNDUE. The penalties established by the

ARTICLE 374.- SPECIFIC AGGRAVATIVES. I know

Articles 365 or 366 of this Code, which having

penalties must be increased by one third (1/3) when concurrent

in his power or custody a personal thing, money or a security

any of the following circumstances:

foreign, for a title that produces the obligation to deliver them

1)

or return them, appropriates it or denies having received it, in

When the events are committed within the scope of a
organized criminal group;

detriment of another.
two)

When employing minors or persons

The same penalty is incurred by those who do not appropriate the thing and carry out disabled for the execution of the crime;
an improper use of it, to the detriment of others.
3)

When the act is committed on a victim

ARTICLE 372.- IRREGULAR APPROPRIATION. Should

especially vulnerable due to age, disability

be punished with a fine of fifty (50) to two hundred

or situation, or about an official or employee

(200) days, whoever executes any of the following behaviors:

public by reason of the functions it performs; or,
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4)

When the culprit is an official or employee

usurps someone else's real estate right, must be punished

public acting with abuse of functions

with a prison sentence of two (2) to four (4) years, without

of the position. In this case, in addition to the penalties

prejudice to the imposition of the penalties that correspond to

the corresponding

the violence exerted.

special disqualification for public office or office
from fifteen (15) to twenty (20) years.

Who through violence or intimidation in people
occupy unauthorizedly, without the intention of appropriating and

ARTICLE 375.- SPECIFIC ATTENUANTS. The

incorporate said property into your personal assets, a

penalties provided for in the preceding articles, except for

someone else's property, home or building that does not constitute a dwelling,

life imprisonment, should be reduced by one third (1/3) if

must be punished with a prison sentence of one (1) to two (2)

any of the following circumstances concur:

years.

1)

Confession of extortion activities in the

ARTICLE 379.- ALTERATION OF TERMS OR

that the culprit and the consequent

LIMITS. Who, to seize a property or part of

contribution or obtaining of evidence;

him, alter the terms, limits or any other signal intended
to set the boundaries of contiguous properties, must be punished

two)

Collaboration with the authorities to prevent

with a prison sentence of one (1) to three (3) years.

carrying out crimes of extortion or mitigating their
effects, or to provide or obtain evidence from others

ARTICLE 380.- USURPATION OF WATER. Who without

already committed; or,

be authorized diverts public waters from its course or
private or a natural or artificial reservoir, should be punished

3)

Collaboration with the authorities for the

with a prison sentence of one (1) to three (3) years.

identification, prosecution and prosecution of
responsible for committing extortion crimes.

The same penalty is punished for those who hinder or prevent the
exercise of the rights that a third party has over said

ARTICLE 376.- PUNITION OF ACTS

waters.

PREPARATORY. Conspiracy, proposition or
provocation to commit the crime of extortion must be

These penalties should be increased by one third (1/3) when the

punishable by imprisonment from one (1) to three (3) years, to

waters are intended to supply populations and are

unless it is punished with a greater penalty in another precept

produce shortages.

of this Code.
CHAPTER IX
ARTICLE 377.- INTERNATIONAL REINCIDENCE.

DAMAGE OFFENSES

The conviction of a foreign Jurisdictional Body for
crimes of the same nature as those provided for in this

ARTICLE 381.- DAMAGES. Who destroys, deteriorates,

chapter, produces the effects of recidivism, except that

disables or causes damage to someone else's property, not included in other

criminal records have been expunged or had

provisions of this Code, must be punished with

could have been under Honduran law.

prison sentences from six (6) months to two (2) years and a fine
from one hundred eighty (180) to seven hundred twenty (720) days if the

CHAPTER VIII

amount of damage exceeds Five Thousand Lempiras (L5,000).

USURPATIONS
ARTICLE 382.- AGGRAVATED DAMAGES. The penalties of
ARTICLE 378.- USURPATION. Who, with violence or

previous article should be increased by one third (1/3) in the

serious intimidation of people, occupies real estate or

following circumstances:

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REPUBLIC OF HONDURAS - TEGUCIGALPA, MDC, MAY 10, 2019 No. 34,940

The damage is caused by infection, contagion of

ARTICLE 384.- INPRUDENT DAMAGES. The damages

animals or plants, without prejudice to the penalties that

caused by gross negligence whose amount exceeds

correspond to public health or

Five hundred thousand lempiras (L.500,000), must be punished

unless the fact is punished with a greater penalty

with a fine of one hundred (100) to three hundred and sixty (360) days or

in another provision of this Code;

with penalty of rendering public utility services or
victims from three (3) to six (6) months.

two)

Poisonous, corrosive substances are used,
explosive or flammable, without prejudice to penalties

These damages are only prosecutable after a complaint from the

that correspond to public health

owner of the damaged thing or its legal representative. The

or unless the fact is punished with a greater penalty

Public Ministry (MP) can also report when

in another provision of this Code;

the person is a minor or a person with a disability or is
deal with any one referred to in Article 382 of this

3)

Whoever destroys, deteriorates, renders useless or causes damage
Code.to
foreign property, affect property, public use
or communal, or seriously affect the interests

ARTICLE 385.- FORGIVENESS OF THE OFFENDED. The action

general; or,

criminal law for the crimes provided for in this chapter is extinguished,
except in the case contemplated in Article 382

4)

The damages caused place in a situation of

of this Code, for the forgiveness of the offended or his

insolvency of the owner of the economic right or

legal representative, without prejudice to the provisions of Article

put them in dire financial straits.

107 of this Code.

In the case of concurring two or more of the circumstances

CHAPTER X
CRIME OF USURE

above, the penalty for the crime of damages should be increased by
two thirds (2/3).

ARTICLE 386.- USURE. It is understood as usurious the
ARTICLE 383.- DAMAGE TO INFRASTRUCTURES
OR EQUIPMENT. Whoever destroys, deteriorates,
disable or damage buildings, establishments, facilities,

loan in which a notorious interest is stipulated
disproportionate in accordance with that established in the System
National Financial and the circumstances of the case, having
reasons for estimating that it has been accepted by the borrower

boats, aircraft, vehicles or other resources

because of his distressing situation, his inexperience or

similar, military, police or security forces of the

limited of their knowledge in the matter or their faculties

State, must be punished with a prison sentence of three (3) to

mental. In any case, it is considered an interest notoriously

disproportionate
one that exceeds the rate by six points
six (6) years and a fine of three hundred (300) to one thousand (1000) days
if
the amount of the damage exceeds Five Thousand Lempiras (L. 5,000) average, as established in accordance with the Financial System
National.
and if it does not exceed said amount, with imprisonment from two (2) to five
(5) years and a fine of three hundred (300) to five hundred (500) days,
Unless the act is punished with a greater penalty in another
provision of this Code.

Who acting as a lender, in fact or in law,
stipulates a usurious loan agreement, must be punished
with a prison sentence of two (2) to four (4) years and a fine of
an amount equal to or up to double the amount of the credit.

The above penalties must be increased by one third (1/3) if
The above events affect large infrastructures such as

For these purposes, a loan shall be understood to be the contract for

ports, airports or public transport networks.

which one of the parties delivers to the other a quantity of
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money with the condition of returning the same amount

4)

Disqualification from obtaining grants and aid

kind and quality plus interest, regardless of

public, to contract with the public sector and

that the formalization of the same is done under the guise of

to enjoy benefits and tax incentives or

another type of contract.

Social Security, for a period that cannot
exceed fifteen (15) years.

The penalty provided for in the second paragraph of this precept, is
CHAPTER XI

will increase by one third (1/3), when one of the

LOTTERIES AND UNAUTHORIZED GAMES

following circumstances:
1)

When the lender is a registered professional
as such and its usual activity is the concession

ARTICLE 387.- LOTTERIES AND GAMES NO
AUTHORIZED. Producers or vendors of tickets
of traditional or electronic lotteries and those who carry out

of loans; or,

raffles, sweepstakes and other games of chance not awarded or
two)

When the loan is made to people who are
They are in a serious economic situation.

legally authorized, must be punished with the penalty of
imprisonment from two (2) to four (4) years and a fine of five hundred
(500) to one thousand (1,000) days.

With the same penalties as in the previous paragraphs, in their
respective cases, whoever acquires or tries to
assert a credit knowing the usurious characteristics

The above penalties must be applied without prejudice to those that
may correspond for other crimes and in particular for the
commission of crimes of illicit association.

of the same.
The corresponding penalty must be imposed increased by a
third (1/3) when the conduct is committed within a

Raffles and raffles are excepted that are exceptionally
carried out for charitable, political, educational, recreational,
to promote the arts or sports carried out by the centers,

organized criminal group.

organizations or establishments dedicated to these
When, in accordance with the provisions of Article 102 of the

activities.

this Code a legal person is responsible for the

CHAPTER XII

crimes contained in this chapter, the penalty must be imposed

GENERAL PROVISIONS

dissolution or fine of five hundred (500) to one thousand (1,000) days.
Additionally, some of the sanctions may be imposed

ARTICLE 388.- EXEMPTION OF LIABILITY

following:

PENAL. They are exempt from criminal liability and subject
only to the civil one for the patrimonial crimes that

1)

Suspension of specific activities in the

the following persons shall cause each other:

that the crime occurred, for a period that cannot
exceed five (5) years;
two)

1)

Spouses or those in a relationship

Closure of the premises and establishments that

stable of analogous nature to the previous one, always

were used to carry out the crime, for a

that in both cases they live under the same roof;

term that cannot exceed five (5) years;
two)
3)

Ascendants, descendants, and siblings

Prohibition of future activities

consanguineous or by adoption and those related in

specific in whose exercise it was committed,

first degree, provided that in the latter case

favored or concealed the crime; Y,

live together; Y,

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The Gazette
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REPUBLIC OF HONDURAS - TEGUCIGALPA, MDC, MAY 10, 2019 No. 34,940

The widower or the widow, regarding the things of the

The competent Jurisdictional Body may also order

belonging to your deceased spouse, while not

the withdrawal of the works or services that are the subject of the infringement,

have passed into the possession of another.

in the event that the illicit exploitation is carried out through
from the internet, from a web page or portal where they are.

This article is not applicable to third parties who participate in the

When on such website or portal exclusive or
preponderantly the contents object of the property

commission of the crime.

intellectual, the interruption of
This cause of exemption from the
criminal responsibility, in those cases in which

the provision and also, can resolve the suspension of
the activity or its closure.

has used violence or intimidation, the subject abuses a
special situation of defense against the victim or the

ARTICLE 390.- SPECIFIC AGGRAVATIVES . Should

The crime is due to gender reasons.

be punished with prison terms of four (4) to six (6)
years, fine for an amount equal to double or up to triple

TITLE XXI
CRIMES RELATED TO PROPERTY
INTELLECTUAL AND INDUSTRIAL

of the benefit obtained or intended and special disqualification
for the exercise of the profession, trade, industry or trade
related to the crime committed from one (1) to three (3)
years, whoever commits the crime described in the previous article

CHAPTER I

concurring any of the following circumstances:

CRIMES AGAINST PROPERTY
1)

INTELLECTUAL

When plagiarism exists, denying the real authorship of the
work or essential parts thereof by means of
of his own or third party attribution of his paternity;

ARTICLE 389.- CRIMES AGAINST THE RIGHT
COPYRIGHT AND RELATED RIGHTS. Who with
two)

profit motive, to the detriment of a third party and without authorization

When illicit exploitation involves disclosure
original of the work against the will of the

of the holders of the corresponding copyright and

author and without being allowed by the Law of Rights

related parties or their assignees, reproduces, distributes, communicates

Copyright and Related Rights;

publicly or transform a literary, artistic or
scientific or any benefit or property protected by

3)

copyright and related rights, should be punished with

Illegal exploitation is carried out in violation of the
right to the integrity of the work;

prison sentences of three (3) to six (6) years and a fine of
an amount equal to or up to three times the profit obtained or

4)

alleged.

The facts are particularly serious, taking into account
to the number of illicitly produced objects
or affected works, their transformations, the

Should be punished with the same penalty, who without authorization

execution or interpretation thereof, their

of the holder and for profit, stores, imports or exports

illicit reproduction, distribution, communication

copies of such works, performances, productions or

to the public or made available to you or the special

executions, when they are intended to be distributed or

importance of the damages caused; or,

publicly communicated.
5)
Taking into account the characteristics of the culprit and the reduced

The acts are committed within a group
organized criminal.

amount of the economic benefit obtained or that would have
obtained, the competent Jurisdictional Body may

ARTICLE 391.- ILLICIT ENJOYMENT OF SERVICES

impose in the cases of the preceding paragraphs the penalty of

OF CONDITIONAL ACCESS. Who for profit and

house arrest from six (6) months to one (1) year.

without authorization, facilitates intelligible access to a
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radio broadcasting, sound or television broadcast electronically,

must punish whoever elaborates, manufactures, reproduces, distributes,

analog, digital terrestrial, satellite or internet or, to services

imports or exports, or makes available to the public with

interactives provided remotely electronically, must be

a commercial purpose, for profit and to the detriment

punishable by imprisonment from one (1) to three (3) years

third party, any program, tool, medium or

and fine for an amount equal to or up to triple the benefit

procedure, aimed at illegitimately facilitating the

obtained.

suppression or neutralization of any technological measure
specifically designed to prevent the violation of the

Who for profit and without authorization, manufactures,

copyright and related rights.

assembles, modifies, imports, exports, sells, leases, installs,
maintains, replaces or in any other way distributes or

Taking into account the characteristics of the culprit and the reduced

sells devices or systems that serve to access

amount of the economic benefit obtained or that would have

fraudulently to a conditional access service of the

obtained, the competent Jurisdictional Body may

provided for in the preceding paragraph, must be punished with the

impose in the cases of the preceding paragraphs the penalty of

prison terms of one (1) to two (2) years and a fine of one

house arrest from six (6) months to one (1) year.

amount equal to or up to three times the profit obtained.
CHAPTER II
The above penalties must be increased by one third (1/3) in

CRIMES AGAINST INDUSTRIAL PROPERTY

the following cases:
ARTICLE 393.- ILLEGITIMATE USE OF A PATENT.
1)

The behavior has great economic significance

Who, for industrial or commercial purposes, without consent

in view of the high profits obtained or

of the owner of a patent, utility model or industrial design

the damages caused to the supplier; or,

and with knowledge of its registration, manufactures, imports, uses,
offers or offers for sale products or processes covered by

two)

The facts are committed within the scope of a
organized criminal group.

such rights, should be punished with the prison sentences of
three (3) to six (6) years and a fine of an amount equal to or up to
triple the profit obtained.

Considering the characteristics of the culprit and the reduced amount
of the economic benefit obtained or that could have been
obtain, the competent Jurisdictional Body may impose

ARTICLE 394.- ILLEGITIMATE USE OF BADGES
OR REGISTERED TRADEMARKS. He must be punished with

In the cases of the preceding paragraphs of this article, the

prison terms of one (1) to four (4) years and a fine of one

imprisonment from six (6) months to one (1) year.

an amount equal to or up to three times the profit obtained who
for industrial or commercial purposes, without the consent of the

ARTICLE 392.- ELUSION OF MEASURES

holder of a distinctive sign or a registered trademark and with

TECHNOLOGICAL. Who, without authorization from the respective knowledge of your registration, perform any of the behaviors
owners, for profit and to the detriment of a third party, elude or

following:

evades any effective technological measure that is directed
1)

to prevent the violation of copyright and rights

Manufactures, produces, imports or stores products

related, should be punished with the prison terms of one

that incorporate an identical distinctive sign, similar

(1) to three (3) years and a fine for an amount equal to or up to

or confused with the former; or,

triple the profit obtained.
two)

Offers, distributes or markets products that

With prison sentences of one (1) to two (2) years and a fine of

incorporate an identical, similar or distinctive distinctive sign

an amount equal to or up to three times the profit obtained is

confused with that one.

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The itinerant or occasional sale of the products to which

two)

referred to in the previous paragraph, must be punished with the penalty of

The act is committed at the level of a group
organized criminal; or,

imprisonment from one (1) to three (3) years.
3)
Taking into account the characteristics of the culprit and the reduced

It is used by persons under eighteen (18) years of age to
commit these crimes.

amount of the economic benefit obtained or that would have
obtained, the competent Jurisdictional Body may

ARTICLE 397.- LIABILITY OF THE

impose in the cases of the preceding paragraphs instead of

LEGAL PERSONS. When according to

the prison sentence, the fine of thirty (30) to one hundred fifty

established in Article 102 of this Code a person

(150) days.

legal entity is responsible for the crimes included in this
title, he must be imposed the penalty of closing his premises

ARTICLE 395.- DISCOVERY AND DISCLOSURE

and establishments for a period of three (3) to five (5) years or

OF INDUSTRIAL OR COMMERCIAL SECRET. Who

fine of five hundred (500) to one thousand (1,000) days.

to illegally obtain a company secret is

Additionally, some of the sanctions may be imposed

seizes by any means of data, written documents

following:

or electronic, computer media or other objects that
refer to it, intercepts communications or

1)

any other illegitimate way such information is procured

Suspension of specific activities in the
that the crime occurred, for a period that cannot

reserved, should be punished with the prison terms of two

exceed five (5) years;

(2) to four (4) years and a fine of an amount equal to or up to
triple the profit obtained.

two)

Prohibition of future activities
specific in whose exercise it was committed,

Who discloses or uses the company secret for their own benefit

favored or concealed the crime; and,

thus obtained, he must be punished with the penalties provided in the
previous paragraph increased by one third (1/3).

3)

Disqualification from obtaining grants and aid
public, to contract with the public sector and

Who, without the authorization of the owner, reveals or uses in
own profit a company secret to which you have accessed

to enjoy benefits and tax incentives or

legitimately but with a duty of reserve, must be punished

Social Security, for a period that cannot

with prison sentences of two (2) to five (5) years and a fine

exceed fifteen (15) years.

for an amount equal to or up to three times the profit obtained.
TITLE XXII
CHAPTER III

NETWORK AND SYSTEM SECURITY
IT

COMMON PROVISIONS
ARTICLE 396.- SPECIFIC AGGRAVATIVES. I know

ARTICLE 398.- UNAUTHORIZED ACCESS TO

should increase the penalty by one third (1/3) when in any

INFORMATION SYSTEMS. Must be punished with

of the crimes of the previous chapter, one of the

imprisonment from six (6) to eighteen (18) months or fine

following circumstances:

from one hundred (100) to two hundred (200) days who, violating the
security measures established to prevent it, access

1)

The event is of special economic significance

without authorization to all or part of a computer system.

taking into account the benefit obtained, the damage

The penalty of the previous paragraph must be increased by one third

caused or to the value of the objects illicitly

(1/3) if the system being accessed refers to structures or

produced;

essential services for the community.
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ARTICLE 399.- DAMAGE TO DATA AND SYSTEMS

two)

COMPUTERS. Who by any means and without

The culprit belongs to a criminal group
organized.

authorization introduces, deletes, deteriorates, alters, deletes or
makes computer data severely inaccessible, it must be

In the crimes provided for in this title, together with the penalty

punishable by imprisonment from one (1) to two (2) years or

corresponding, the special disqualification must be imposed

fine of one hundred (100) to three hundred (300) days.

for the same period for the exercise of profession, trade,
industry or trade related conduct.

Who without being authorized disables, totally or partially, the
operation of a computer system, preventing the

If the crime has been committed by an official or employee

access to it or making it impossible to develop any

public must also be imposed, under the same conditions

of his services, should be punished with the prison sentence of

that in the previous case, the penalty of absolute disqualification

one (1) to three (3) years or a fine of one hundred (100) to four hundred during the time of the sentence.
(400) days.
ARTICLE 403.- LIABILITY OF THE
LEGAL PERSONS. When according to

The penalties indicated in
the two (2) previous paragraphs, when the behaviors described
cause serious economic damage or affect structures or
essential services for the community.

established in Article 102 of this Code, a
legal person is responsible for the crimes covered
in this title, he must be imposed the penalty of suspension of
their specific activities from three (3) to five (5) years and from
three hundred (300) to five hundred (500) days fine.

ARTICLE 400.- ABUSE OF DEVICES. The
manufacturing, importing, selling, facilitating or obtaining

ARTICLE 404.- SPECIAL RULES OF

for the use of devices, computer programs,

JURISDICTION. National Jurisdictional Bodies

passwords or access codes, intended or adapted for

must be aware of computer crimes, when they are executed

the commission of the crimes of computer damage or access

in the following cases:

illicit to computer systems, must be punished with the penalty
1)
imprisonment from six (6) months to one (1) year or a fine of one hundred (100)

In Honduras, even if they are directed against data or

to two hundred (200) days.

computer systems located outside it; or,
two)

Against data or computer systems located in
Honduras, even if the culprit had acted

ARTICLE 401.- Impersonation of IDENTITY.

from outside the national territory.

It must be punished by imprisonment for six (6) months.

to one (1) year or a fine of one hundred (100) to three hundred (300) days,
ARTICLE 405.- LEGAL DEFINITIONS. To the
who with defrauding spirit and through the technologies
effects of this title, it is understood by:
of information and communication, supplants the identity
of a natural or legal person.

1)

Computer Data: the basic units of
information, whatever its content,

ARTICLE 402.- AGGRAVATING CIRCUMSTANCES.

expressed in a way that allows their treatment

The penalties provided for in

by an information system, including

this title, those who execute the crime concurring any of

programs that make it possible for this function to be

the following circumstances:

carry out;

1)

The culprit is responsible or in charge of the

two) Computer System: a device or set

system or, you have authorization to access

of interconnected or related devices

data or computer systems; or,

among themselves, which allow, thanks to a program, the

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automated processing of computer data,

ARTICLE 407.- SPECIFIC AGGRAVATORS. The

so that it encompasses both hardware and

prison sentences indicated in the previous precepts must be

software necessary for its operation; Y,

increase by one third (1/3) when any of the
following circumstances:

3)

Computer program: the sequence of instructions
or indications necessary for the system

1)

Serious damage is caused to one or more creditors,

computer scientist can perform a function or a task

taking into account both the amount of the bankruptcy and the

or get a certain result.

the situation in which the creditors remain;

TITLE XXIII

two) The bankruptcy of a public company or

CRIMES AGAINST ORDER

state, managed or directed by employees or

SOCIOECONOMIC

public officials or persons appointed by
the administration. In this case, in addition, you must

CHAPTER I

impose the penalty of special disqualification for the

FRAUDULENT BANKRUPTCY AND INSOLVENCY

twice the length of the prison sentence; or,

ARTICLE 406.- BANKRUPTCY CRIME

3)

FRAUDULENT. He must be punished with the penalties of

The bankruptcy of a credit institution occurs
or belonging to the National Financial System.

imprisonment from one (1) to three (3) years and special disqualification
for twice the duration of the prison, the merchant or
entrepreneur who, in order to evade the obligations of his
charge with respect to your creditors and within twelve (12)
months prior to the bankruptcy filing, run
any of the following behaviors:

ARTICLE 408.- RAISING OF ASSETS. Must be
punished with the same penalties provided for the crime of
bankrupt who, to refrain from paying or fulfilling
your obligations, perform any of the following behaviors:
1)

:
1)

notify your creditors in a reliable way

He stands up with all or part of his assets, hiding them,

fifteen (15) days in advance or simulates

damaging or destroying them, or performs or simulates

disposals or credits;

any other fraudulent acts or operations
that increase their liabilities or decrease their assets;
two)

Hide your assets, dispose of or encumber them without

two)

Declare credits, expenses, debts or disposals
non-existent to the detriment of another; or,

It violates the applicable regulations in the books of
mercantile accounting, making it impossible to deduce
3)

the true economic situation of the company; or,

You move abroad without leaving a person to
represents or sufficient assets to answer for the

3)

payment of your debts.

Unduly favors a creditor,
making payments to you or granting you guarantees or
preferences to which it is not entitled.

ARTICLE 409.- FRAUDULENT INSOLVENCY.
The non-merchant debtor civilly bankrupt who

He must be punished with prison terms of three (3) to five

To defraud your creditors, commit on the twelve (12)

(5) years and absolute disqualification for twice as long as

months prior to the declaration of the contest any of

the prison term lasts, the merchant or businessman who

the actions described in the preceding articles of this

performs the above behaviors while being involved in

chapter, should be punished with the penalties respectively

bankruptcy proceedings.

applicable reduced by one third (1/3).
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ARTICLE 410.- FORCED LIQUIDATION OF

carried out by the auditor and the Public Ministry

FINANCIAL INSTITUTIONS. The provisions of the

(MP).

preceding articles of this chapter is applicable with respect to
CHAPTER II

of uprisings and insolvencies committed in the framework of
a procedure for the forced liquidation of an entity or

CRIMES AGAINST THE ECONOMY, THE MARKET
AND CONSUMERS

institution supervised by the National Commission of Banks
and Insurance (CNBS).

ARTICLE 412.- DETRACTION OF MATERIALS
ARTICLE 411.- LIABILITY OF THE
LEGAL PERSONS . When according to
established in Article 102 of this Code, a
legal person is responsible for the crimes covered
in this chapter, you must be fined for
amount equal to or up to three times the profit obtained or

PREMIUMS OR OTHER PRODUCTS. Who, with the purpose
deliberate to harm consumers, undersupply
the market or alter the formation of prices, subtracts
from the market by any process raw materials,
products or services of first necessity or products
financial, should be punished with the prison terms of three
(3) to five (5) years and a fine for an amount equal to or up to

alleged.

double the value of what was disappointed.
Additionally, any of the sanctions may be imposed
If the events are carried out taking advantage of a situation of serious

following:

necessity or catastrophic, penalties should be increased by a
1) Suspension of specific activities in the

third (1/3).

that the crime occurred, for a period that cannot
exceed five (5) years;
2) Closure of the premises and establishments that

ARTICLE 413.- DISSEMINATION OF NEWS OR
FALSE RUMORS AND ABUSE OF INFORMATION
PRIVILEGED. Who, for the purpose of altering or

were used to carry out the crime, for a

preserve the prices that will result from the free

term that cannot exceed five (5) years;

concurrence, spread news or rumors in a suitable way

3) Prohibition of future activities

false financial statements that affect any type of
contracting, including the listing of securities or instruments

specific in whose exercise it was committed,

financially, causing a benefit to himself or to

favored or concealed the crime;

third, greater than One Million Lempiras (L1,000,000) or

4) Disqualification from obtaining grants and aid
public, to contract with the public sector and
to enjoy benefits and tax incentives or
Social Security, for a period that cannot
exceed fifteen (15) years; Y,

a loss of the same amount, should be punished with the
prison terms of two (2) to four (4) years and a fine of one
amount equal to or up to three times the value of the benefit obtained
or the damage caused. If the crime is committed by an official
public, exchange or stockbrokers or by brokers, the penalty
It must be aggravated by one third (1/3) and it must be imposed, in addition

5) Judicial intervention to safeguard the
rights of workers or creditors

that of special disqualification for public office or office until
five (5) years.

for as long as necessary, but not

96

it may exceed five (5) years. This intervention

Who using violence, intimidation or deception attempts

It can be total or partial, it will have the content that

alter or preserve the prices that will result from

is fixed in the court decision and can be modified

free competition, affecting any modality of

by the judge, both materially and temporarily,

contracting including the listing of securities or instruments

in response to the reports that periodically

financial, should be punished with the prison terms of

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two (2) to four (4) years and a fine of three hundred (300) to

or financial products. If the crime is committed by an official

five hundred (500) days. If the crime was committed by an official

public, exchange or stock brokers or brokers, the

public, exchange or stockbrokers or by brokers, the penalty

penalty should be aggravated by one third (1/3).

It must be aggravated by one third (1/3) and it must be imposed, in addition
that of special disqualification for office or public office of

ARTICLE 415.- AGREEMENTS AND PRACTICES

two (2) to (5) five years, without prejudice to the penalty that may

RESTRICTIONS ON COMPETITION. Who

correspond to him for other crimes committed.

with the deliberate purpose of restricting, diminishing,
damage, impede or distort free competition, agree

Who, using inside information, performs

prices, rates or discounts; they establish in concert

transactions or issues operation orders susceptible of

transaction conditions to limit totally or partially

provide misleading indications about supply, demand

the production, distribution, supply or marketing

o the price of securities or financial instruments, or using

of goods or services; the market is divided into areas

the same information is secured for itself or in concert with

territories, clientele, supply sectors or sources of

others, a dominant position in the market for such securities

provisioning; or they carry out concertation practices or

or instruments, in order to set their prices at levels

coordination of positions or to abstain in concert from

abnormal or artificial, is punished with the same penalties

participate in bids, quotes, contests, auctions

than in the previous paragraph.

public, private or judicial, should be punished with the
prison terms of four (4) to eight (8) years and a fine of one

Who by himself or by an intermediary and using
some relevant information for the quotation of any
class of securities or instruments traded in any market
to which you have accessed as a result of the
exercise of his professional activity, he obtains for himself
or for a third party a profit greater than One Million Lempiras
(L.1,000,000), or a loss of the same amount, must be
punishable by imprisonment from two (2) to four (4) years

amount equal to or up to four (4) times the profit obtained
or the damage or injury caused.
ARTICLE 416.- OBSTACULIZATION OF PROCESSES
OF BIDDING OR AUCTIONS. Who, through violence,
intimidation or deception interferes with
public or private tenders or judicial auctions, you must
be punished with prison terms of three (3) to five (5)
years and a fine of one hundred (100) to five hundred (500) days.

and fine for an amount equal to or up to three times the value of the
benefit obtained or damage caused and disqualification

ARTICLE 417.- LIABILITY OF THE

special profession or trade, industry or trade of two

LEGAL PERSONS. When according to

(2) to five (5) years.

established in Article 102 of this Code, a
legal person is responsible for the crimes contained in

The penalty should be increased by one third (1/3) if the benefit

this chapter, you will be punished with a fine of five hundred

obtained or the damage caused is of notorious importance or

(500) to one thousand (1000) days.

serious damage is done to the general interests.
Additionally, some of the sanctions may be imposed
ARTICLE 414.- BREAKDOWN. Who, for the purpose of
obtain a profit for himself or for a third party, increases prices

following:
1)

of goods or public services above

Suspension of specific activities in the
that the crime occurred, for a period that cannot

those set by the competent authorities, must be punished

exceed five (5) years;

with prison sentences of two (2) to four (4) years and a fine of
an amount equal to or up to double the value of what was defrauded.

two)

Closure of the premises and establishments that

The penalty should be increased by one third (1/3) if it involves

were used to carry out the crime, for a

raw materials, products or services of first necessity

term that cannot exceed five (5) years;
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3)

Prohibition of future activities

in exchange for favoring against third parties who grants the

specific in whose exercise it was committed,

benefit or advantage.

favored or concealed the crime;
ARTICLE 419.- CORRUPTION IN SPORTS.
4)

Disqualification from obtaining grants and aid
public, to contract with the public sector and
to enjoy benefits and tax incentives or
Social Security, for a period that cannot
exceed five (5) years; Y,

5)

The provisions of the previous article are applicable, in its
respective cases, to the directors, administrators, employees
or collaborators of a sports entity, whatever
the legal form of this, as well as the athletes, referees or
judges, with respect to those conducts that are intended to

Judicial intervention to safeguard the

deliberately and fraudulently predetermine or alter the

rights of workers or creditors

result of a competition, test or sporting matches

for as long as necessary, but not

professionals.

may exceed five (5) years. This intervention
It can be total or partial, it will have the content that

ARTICLE 420.- PUNITION OF ACTS

is fixed in the court decision and can be modified

PREPARATORY. Conspiracy, proposition or

by the competent Jurisdictional Body, both

provocation to commit the crimes set forth in this chapter

material as temporarily, in attention to

it must be punished with the penalties reduced by two thirds (2/3).

the reports periodically made by the
controller and the Public Ministry (MP).

ARTICLE 421.- SPECIFIC ATTENUANTS. The
Competent Jurisdictional Body, in attention to the minor

CHAPTER III
CORRUPTION IN BUSINESS BETWEEN
INDIVIDUALS

amount of benefit or value of advantage and little
importance of the position and functions of the culprit in the
organization, may impose the corresponding penalties
reduced by one third (1/3).

ARTICLE 418.- CORRUPTION IN US
BUSINESS BETWEEN INDIVIDUALS. Who by yes or

CHAPTER IV

through an interposed person, he obtains for a mercantile company,

CORPORATE CRIMES

society, association, foundation or organization or its
owners, partners, directors or employees, a benefit or advantage

ARTICLE 422.- FALSE ACCOUNTS,

undue, in exchange for favoring him or a third party against

FINANCIAL INFORMATION OR OTHERS. The

others and thereby seriously affects competition, you must

de facto or legal administrators of a company

be punished with a prison sentence of two (2) to six (6) years,

constituted or in formation, which falsify the annual accounts

special disqualification for the exercise of industry or commerce

o financial information or other documents that must

for twice the duration of the prison sentence and fine

reflect the economic or legal situation of an entity,

for an amount equal to or up to three times the value of the benefit or

an ideal way to cause economic damage to it,

advantage.

to one of its partners or a third party, should be punished
with a prison sentence of one (1) to four (4) years and a fine

The owner, partner,

from two hundred (200) to six hundred (600) days, as well as

manager, employee or collaborator of a commercial company,

special disqualification for twice the duration of the

or of a society, association, foundation or organization that

prison.

in relation to acts of commerce and seriously affecting
the competition, by itself or by an intermediary, receives a

In the event that economic damage occurs,

unjustified benefit or advantage of any nature,

the penalty should be increased by one third (1/3) unless

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application of other precepts of this Code, it will result

(1) to four (4) years, a fine of two hundred (200) to four hundred

more serious penalty, in which case these should be applied.

(400) days and special disqualification for profession, trade,
commerce and industry for twice the duration of the prison.

ARTICLE 423.- ABUSIVE MANAGEMENT. Who
taking advantage of its majority position in the assemblies

ARTICLE 426.- PROCEDIBILITY. The facts

shareholders or shareholders or in the body of

described in this chapter are only prosecutable through

administration of any company incorporated or in

complaint of the aggrieved person or his legal representative.

training, impose abusive agreements, for profit

When she is a minor, a person with a disability

own or someone else's, to the detriment of other partners or shareholders or
andhelpless, you can also report the Public Ministry
without bringing benefits to society, they should be punished

(MP).

with prison sentences of one (1) to four (4) years or a fine
for an amount equal to or up to three times the profit obtained,

The complaint required in the previous paragraph is not precise when

and special disqualification for profession, trade, commerce and

the commission of the crime affects the general interests of the

industry for twice the length of the prison term.

society or an indeterminate plurality of people.

ARTICLE 424.- OBTAINING AN AGREEMENT
THROUGH FICTICIOUS MAJORITY. The previous penalty is
should aggravate by one third (1/3) in those cases where the
abusive agreement is adopted, to the detriment of society or
of any of its partners, by a fictitious majority, obtained,

ARTICLE 427.- CONCEPT OF COMPANY. TO
For the purposes of this chapter, society is understood to be all
cooperative, financial or credit institution, foundation,
mercantile company or any other analogous entity
nature that participates permanently in the market.

executing any of the following behaviors:

TITLE XXIV
SMUGGLING AND CRIMES AGAINST

1)

Denying the right to vote to people who

PUBLIC FINANCE AND SOCIAL SECURITY

legally they have it recognized;
two)

Granting the right to vote to people who

CHAPTER I

legally lack this right;
3)

Abusing blank signature; or,

SMUGGLING
ARTICLE 428.- SMUGGLING. Commits the crime of
smuggling who, without permission from the competent authority,

4)

By any other means similar to the above.

imports or exports from the national territory, customs precincts,
general deposit warehouses, sites subject to the regime of

The foregoing should be applied without prejudicetemporary importation and free zones whatever their
of the corresponding penalties, in their

denomination or its purpose, goods or merchandise of any

case, for the commission of other crimes.

class, origin or provenance by places not authorized or
authorized, avoiding in any way the intervention

ARTICLE 425.- REFUSAL OR IMPEDIMENT OF

of the customs or tax authorities, when the value of

CONTROL OF SUPERVISORY ENTITIES. The

the goods or merchandise is equal to or greater than Fifty

de facto or legal administrators of any company

One thousand Lempiras (L.50,000) or when the smuggling takes place

incorporated or in formation, submitted or operating in markets

through an independently organized criminal group

subject to administrative regulation, that deny, impede or

of the value of the goods.

hinder the performance of entities, bodies or institutions
regulators or control, or the persons in charge of these

If it is toxic drugs, narcotics, substances

duties, should be punished with the prison sentence of one

psychotropic, precursors, firearms, ammunition,
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explosives or any other goods whose possession

goods or merchandise and special disqualification from office or trade

constitutes a crime or may be harmful to health,

public from five (5) to ten (10) years.

public safety or the environment, the
When the person responsible for the crime is a member of a group

smuggling crime.

organized crime, he should be given the penalties of
prison increased by one third (1/3) and equivalent fine

When the value of the goods or merchandise is equal to or

two hundred percent (200%) of the value of the goods or

higher than Fifty Thousand Lempiras (L.50,000), for the purposes

goods.

of this article, they are also considered acts of smuggling

In any tax crime, be it smuggling or fraud

the following:

tax, paying what was left to be received by the State plus the
fifty percent (50%) of that value, you must finish

1) Carrying out trade operations of
licit trade goods without complying with the
legally established requirements for importation

the action, if it is in administrative headquarters in the
Public Ministry (MP) applying a criterion of opportunity
or by means of the conciliation figure if the case is already
It is located in the competent Jurisdictional Body.

and export, for not having obtained the previous
authorization when required, or when it is

These penalties are imposed without prejudice to those that also

has obtained by virtue of the omission of data or the

correspond to the particular crimes committed during

provision of false data or documents; Y,

the execution of the crime of smuggling.

2) The possession of foreign merchandise not destined for
personal use lacking proper authorization, or

ARTICLE 430.- LIABILITY OF THE
LEGAL PERSONS. When according to
established in Article 102 of this Code, a

when it has been obtained thanks to the omission of

legal person is responsible for the crimes covered

data or the provision of false data or documents.

In this chapter, you must be fined up to

Breakage is also considered contraband, without

triple the profit obtained or that could have been obtained,

authorization of the competent authority, seals,

or the damage caused.

seals, marks, doors, containers or other means

Additionally, some of the sanctions may be imposed

security of goods or merchandise, whether

following:

destined for the country as well as abroad.
1)

Suspension of specific activities in the
that the crime occurred, for a period that cannot

ARTICLE 429.- PENALTY OF THE CRIME OF

exceed five (5) years;

SMUGGLING. The crime of smuggling must be
punishable by imprisonment from three (3) to five (5) years

two)

Closure of the premises and establishments that
were used to carry out the crime, for a

and a fine equal to double or triple the value of the goods

term that cannot exceed five (5) years;

or merchandise.
3)

Prohibition of future activities

The employee or public official who participates by share

specific in whose exercise it was committed,

or omission in the crime of smuggling should be punished with

favored or concealed the crime;

prison sentences increased by one third (1/3), fine

4)

equivalent to two hundred percent (200%) of the value of the

Disqualification from obtaining grants and aid
public, to contract with the public sector and

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to enjoy benefits and tax incentives or

The taxpayer is exempt from criminal responsibility

Social Security, for a period that cannot

that proceeds to the full recognition and payment of the

exceed five (5) years;

tax debt with its surcharges and interest, before

Judicial intervention to safeguard the
rights of workers or creditors

the Public Ministry (MP) submits a request to the
Competent Jurisdictional Body.

for as long as necessary, but not
it may exceed five (5) years. This intervention

ARTICLE 432.- FRAUD OF SUBSIDIES AND

It can be total or partial, it will have the content that

HELP. Grant fraud is committed by whoever obtains

is fixed in the court decision and can be modified

grants or aid from the administration in equal amounts

by the competent Jurisdictional Body, both

or greater than Fifty Thousand Lempiras (L.50,000) falsifying the

material as temporarily, in attention to

conditions necessary for obtaining it or hiding those that

the reports periodically made by the

prevent such obtaining.

controller and the Public Ministry (MP).
CHAPTER II
CRIMES AGAINST PUBLIC FINANCE

Also committing this crime who applies the aforementioned
amounts for purposes other than those for which you have
obtained a grant or aid.

ARTICLE 431.- TAX DEFRAUDATION.
Who defrauds the Public Treasury, by action or
omission, avoiding the payment of taxes, tributes,

Those guilty of the crime of grant or aid fraud
must be punished according to the following rules:

contributions or fees, amounts withheld or that
should have been withheld, or getting returns

1)

and a fine equivalent to one hundred and twenty percent

undue amounts withheld on account of the payment of the

(120%) of the value of the defrauded, if said value

undue tax or tax benefits, in an amount

does not exceed Two Hundred Fifty Thousand Lempiras

equal to or greater than Fifty Thousand Lempiras (L.50,000) must

(L. 250,000);

be punished with the following penalties:
1)

With prison sentences of three (3) to six (6) years

two)

With prison sentences of three (3) to six (6) years

two)

With prison sentences of six (6) to ten (10) years

and a fine equivalent to one hundred and twenty percent

and a fine equivalent to one hundred and forty percent

(120%) of the value of the defrauded, if said value

(140%) of the value of the defrauded, if said value

does not exceed Two Hundred Fifty Thousand Lempiras

exceeds Two Hundred Fifty Thousand Lempiras

(L. 250,000); Y,

(L. 250,000).

With prison sentences of six (6) to ten (10) years

The penalties provided for in the previous paragraphs are increased

and a fine equivalent to one hundred and forty percent

by one third (1/3) when the person in charge is integrated into a

(140%) of the value of the defrauded, if said value

organized criminal group or collaborates with it.

exceeds Two Hundred Fifty Thousand Lempiras
Whoever received the

(L. 250,000).

subsidy or aid, if it proceeds to the reimbursement of the received
The penalties established in the previous paragraphs are

with their surcharges and interest, before the Ministry

increase by a third (1/3) when the person responsible is

Public present request before the Jurisdictional Body

integrated into or collaborates with an organized criminal group.

competent.
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ARTICLE 433.- ACCOUNTING CRIME. Who, being

1)

With prison sentences of six (6) to eight (8) years

required by tax laws to keep accounting

and a fine equivalent to one hundred and twenty percent

mercantile, books or fiscal records, disregards said

(120%) of the value of the defrauded, if said value

obligation, has different accounts that hide the

does not exceed Two Hundred Fifty Thousand Lempiras
(L.250,000); Y,

true situation of the company, does not record operations
economic or does it falsely or reflecting operations
fictitious, should be punished by imprisonment of six (6)

two)

With prison sentences from eight (8) to ten (10)
years and a fine equal to one hundred and forty percent

months to two (2) years, if this facilitates the commission of a

(140%) of the value of the defrauded, if said value

crime of tax fraud or subsidy fraud or a

exceeds Two Hundred Fifty Thousand Lempiras

crime against Social Security or the Pension System.

(L. 250,000).

The provisions of this article apply unless the fact is
punished with greater punishment in another provision of this

The penalties described above must be lowered by half

Code.

(1/2) when the obligor proceeds to full recognition
and payment of the debt with its surcharges and interests before

ARTICLE 434.-LIABILITY OF THE

the competent authority makes a request for payment, order

LEGAL PERSONS. When according to

visit or any other management tending to check

established in Article 102 of this Code, a

compliance with the provisions on collection.

legal person is responsible for the crimes of fraud
tax, grant fraud or accounting crime, you are owed
impose the penalties of disqualification from obtaining grants
and public aid, to contract with the public sector and to
enjoy benefits and tax incentives or Security
Social, for a term that cannot exceed five (5) years
and fine for an amount equal to or up to double the value of
let him down.

ARTICLE 436.- UNDUE APPROPRIATION OF
FEES OR CONTRIBUTIONS. Who, appropriates the
quotas or contributions to Social Security or the System of
Pensions or consent to being appropriated by others, must be
punishable by imprisonment from ten (10) to fifteen (15)
years, special disqualification for all employment or public office
for a period of fifteen (15) to twenty (20) years and a fine of one
equivalent amount or up to two hundred percent (200%)

CHAPTER III

of the value of what is improperly appropriate.

CRIMES AGAINST SOCIAL SECURITY
ARTICLE 437.- LIABILITY OF THE
ARTICLE 435.- FRAUD TO SOCIAL SECURITY

LEGAL PERSONS. When according to

OR TO THE PENSION SYSTEM. Commits the crime of

established in Article 102 of this Code a person

fraud to the Social Security or the Pension System who

legal entity is responsible for the crimes contained in this

defrauds them, by action or omission, avoiding payment

chapter, the penalty of a fine of five hundred

of the corresponding fees or unduly obtaining

(500) to two thousand (2000) days. Additionally you can

returns or deductions for any concept, in a

impose some of the following sanctions:

amount equal to or greater than Fifty Thousand Lempiras (L.50,000).

1)

Suspension of specific activities in the
that the crime occurred, for a period that cannot

For the purposes of determining the above amount, the

exceed five (5) years;

total amount defrauded during four (4) calendar years.
two)

Closure of the premises and establishments that

The conduct described in the first paragraph must be punished

were used to carry out the crime, for a

in accordance with the following rules:

term that cannot exceed five (5) years;

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Prohibition of future activities

direct or indirect of any serious crime and in any case

specific in whose exercise it was committed,

of the crimes of illicit drug trafficking, human trafficking,

favored or concealed the crime;

illegal trafficking in persons or firearms, counterfeiting
of currency, trafficking in human organs, theft or theft of

4)

Disqualification from obtaining grants and aid

motor vehicles, theft from financial institutions,

public, to contract with the public sector and

financial fraud or scams, kidnapping, threats or blackmail,

to enjoy benefits and tax incentives or

extortion, financing of terrorism, terrorism,

Social Security, for a period that cannot

embezzlement of public funds, bribery, trafficking of

exceed fifteen (15) years; Y,

influences, crimes against intellectual and industrial property,
cultural heritage, sexual exploitation and pornography

5)

Judicial intervention to safeguard the

children, urban planning, exploitation of natural resources and

rights of workers or creditors

environmental, smuggling or illicit enrichment,

for as long as necessary, but not

committed by him or by a third party, or that have no cause or,

may exceed five (5) years. This intervention

economic or legal justification of its origin.

It can be total or partial, it will have the content that

The behaviors described in the previous paragraph must be

is fixed in the judicial resolution and can be modified
by the competent Jurisdictional Body, both
material as temporarily, in attention to

punished according to the following rules:
1)

does not exceed Two Million Lempiras

the reports periodically made by the

(L.2,000,000), the penalties of

controller and the Public Ministry (MP).

imprisonment from five (5) to eight (8) years and a fine equal to
fifty percent (50%) of said value;

TITLE XXV
RECEPTION AND LAUNDERING OF ASSETS

When the value of the assets being laundered

two)

When the value of the assets subject to laundering is
more than Two Million Lempiras (2,000,000)

ARTICLE 438.- RECEPTION. Who, in the spirit of

and does not exceed Five Million Lempiras

profit and knowledge of the commission of a crime in which

(5,000,000), prison sentences must be imposed

has not participated either as an author or as an accomplice, it helps

from eight (8) to ten (10) years and a fine equal to one hundred

those responsible to take advantage of the goods or effects

percent (100%) of said value; Y,

from it, or receives, acquires or hides such
effects, must be punished with the penalty that corresponds to the

3)

When the value of the assets being laundered is
more than Five Million Lempiras (5,000,000),

crime from which the goods or effects come, reduced by a

prison sentences of ten (10) must be imposed

third (1/3).

to thirteen (13) years and a fine equal to one hundred and fifty
percent (150%) of said value.

ARTICLE 439.- MONEY LAUNDERING. Incurs in
money laundering who, by himself or through a third party,
Acquire, invest, own, use, transform, safeguard,
manage, guard, transport, transfer, conserve, relocate,

The penalties established in the previous paragraphs must be
cut in half when it comes to possession or use
of property without title by persons united by relationship
personal or family with the person responsible for the fact.

conceal, give the appearance of legality or impede the determination
of the origin or true nature, as well as the location,

The above penalties must be increased by one quarter (1/4)

the destination, movement or ownership of assets products

in the following cases:
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1)

When the goods or assets come from crimes

competent or proportionate to it, should be punished

related to drug trafficking, terrorism, extortion

with a prison sentence of one (1) to three (3) years.

or crimes of sexual exploitation;
The directors, owners or
two)

When the money laundering activity is carried out

de facto or legal representatives of the institutions

through an organized criminal group. If he

obliged, which violate the stated prohibition.

responsible is a promoter, boss, leader or ringleader
of the organized criminal group, the penalty is due

ARTICLE 444.- LIABILITY OF THE

increase by one third (1/3); or,

LEGAL PERSONS. When according to
established in Article 102 of this Code, a

3)

When the person in charge is a professional in the sector
financial or designated non-financial, stock exchange

legal person is responsible for a crime of money laundering
assets, the penalty of dissolution of the person must be imposed
legal or fine for an amount equal to double or up to five

or banking in the exercise of their profession, or

(5) times the value of the goods to be washed. In this

public official or employee in the exercise of

last case and additionally you can impose some

office. In these cases, it should also be imposed

of the following sanctions:

the penalty of absolute disqualification for twice the

1)

Suspension of specific activities in the
that the crime occurred, for a period that cannot

time of the prison sentence.

exceed five (5) years;
ARTICLE 440.- IMPRUDING ASSET LAUNDERING.
If the events referred to in the previous article are carried out

two)

were used to carry out the crime, for a

for gross recklessness, the person responsible should be punished

term that cannot exceed five (5) years;

with a prison sentence of one (1) to five (5) years and a fine of
two hundred (200) to five hundred (500) days.

Closure of the premises and establishments that

3)

Prohibition of future activities
specific in whose exercise it was committed,

ARTICLE 441.- PUNITION OF ACTS

favored or concealed the crime, for a period that

PREPARATORY. Conspiracy, proposition or

cannot exceed five (5) years;

provocation to commit money laundering crime must
be punished with the corresponding penalty reduced by two

4)

Disqualification from obtaining grants and aid
public, to contract with the public sector and

thirds (2/3).

to enjoy benefits and tax incentives or
Social Security, for a period that cannot

ARTICLE 442.- TESTAFERRATO. Who, lends

exceed fifteen (15) years; Y,

your name in real or simulated acts or contracts, of
civil or commercial nature, which refer to the acquisition,

5)

transfer or administration of assets that proceed directly

Judicial intervention to safeguard the
rights of workers or creditors.

or indirectly from any of the referred activities
in the crime of money laundering, should be punished with the

ARTICLE 445.- EXTENSION OF JURISDICTION.

prison sentences of five (5) to eight (8) years and a fine of

The person responsible for the crime of laundering must also be

two hundred (200) to five hundred (500) days.

punished even though the crime from which the goods or
punishable acts referred to in the preceding articles have

ARTICLE 443. INFIDENCE. The obligated subjects,

been committed, totally or partially abroad.
in accordance with the legislation on the prevention of money laundering,
that make known to any person the fact of

ARTICLE 446.- PENALTY. The penalties provided

that information has been requested by the authorities

in this title must be imposed without prejudice to those that

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correspond to the crimes that originate the assets object

ARTICLE 451.- SPECIFIC AGGRAVATIVES. Yes

washing.

the culprit belongs to an organized criminal group that
engages in any of the crimes
TITLE XXVI
CRIMES AGAINST PUBLIC FAITH

included in this chapter, should be punished with the
respectively indicated penalties increased by one third
(1/3).

CHAPTER I
COUNTERFEITING CURRENCIES

If the guilty party for the crimes set forth in this chapter is
a public official or employee in the exercise of their

ARTICLE 447.- COUNTERFEITING OF CURRENCY.

functions, the penalty of disqualification must also be imposed

Whoever alters or elaborates illicitly or fraudulently coins or

special for employment or public office for a time of ten (10)

manufactures counterfeit coins, he must be punished with the penalties ofto fifteen (15) years.
imprisonment from six (6) to ten (10) years and a fine of an amount
equal to or up to ten (10) times the apparent value of the coin.

ARTICLE 452.- INTERNATIONAL REINCIDENCE TO L.

For all purposes, it should be understood as false currency the

The conviction of a foreign Jurisdictional Body for

objects or documents made by people or entities

crimes of the same nature as those provided for in this

other than the Central Bank of Honduras (BCH), with the

chapter produces the effects of recidivism, except that the

purpose of serving as an alternative conventional currency

criminal records have been expunged or could have

to the legal tender.

be so under Honduran law.

Currency is understood to be the metallic and the paper money of
legal course. Foreign ones are equated to the national currency

CHAPTER II
FORGERY OF SEALS AND OTHER EFFECTS

of identical nature.

STAMPED

ARTICLE 448.- TRAFFICKING OF FAKE CURRENCIES.

ARTICLE 453.- FORGERY OF SEALS AND

Whoever sells, circulates, distributes, introduces in the country or

OTHER STAMPED EFFECTS. Who alters or elaborates

export counterfeit, altered or illicit coins or fraudulently

fraudulently stamps and other stamped effects or manufactures

elaborated, knowing their falsity or alteration, must be

any kind of fake stamped effects, should be punished

punished with the same penalties indicated for falsification.

with a prison sentence of two (2) to five (5) years.

ARTICLE 449.- HOLDING OF FALSE CURRENCY

The reuse of false ringing equates to false ring effects.

FOR ITS RELEASE IN CIRCULATION. Who acquires

original ringing effects.

or receive counterfeit, altered, or illegally or fraudulently coins
prepared for dispatch or distribution, must be

ARTICLE 454.- TRAFFIC OF SEALS AND OTHERS

punishable by imprisonment from five (5) to eight (8) years.

FALSE STAMPED EFFECTS. Who vents,
circulates, distributes or introduces stamps and other effects in the country

ARTICLE 450.- MANUFACTURE OR HOLDING OF

false stamps, without having intervened in their falsification,

INSTRUMENTS FOR COUNTERFEITING

must be punished with the same penalty indicated for his

CURRENCY. The elaboration or possession of tools, materials,

falsification.

instruments, devices, substances, data, programs
computer or other means specifically dedicated by

ARTICLE 455.- SPECIFIC AGGRAVATIVES. Yes

nature or destination of the counterfeiting of currency, it must

the culprit belongs to an organized criminal group that

punishable by imprisonment from four (4) to six (6 ) years.

engages in any of the crimes
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included in this chapter, should be punished with the

to documents concerning religious acts that may

respectively indicated penalties increased by two third

produce effects on the state of people or the order

(2/3).

civil, must be imposed, in addition to the penalty of falsehood,
that of disqualification to perform the acts mentioned by

If the guilty party for the crimes set forth in this chapter is

time from five (5) to ten (10) years.

a public official or employee in the exercise of their
functions, the penalty of disqualification must also be imposed

ARTICLE 458.- LIABILITY OF

special for employment or public office for the time of five

PUBLIC OFFICIAL OR EMPLOYEE. If he

(5) to eight (8) years.

guilty of the crime of falsity described in Article 456
of this Code, is a public official or employee in the
CHAPTER III

DOCUMENTARY FALSETIES

exercise of their functions, they must also impose the penalty
of special disqualification for employment or public office for
time from six (6) to twelve (12) years.

SECTION I
FALSE IN PUBLIC DOCUMENTS AND
MERCANTILE.

The public official or employee who, in the exercise of
his functions, commits by serious negligence any of the

ARTICLE 456.- FORGERY OF DOCUMENTS

falsehoods provided for in Article 456 of this Code

PUBLIC AND COMMERCIAL. Commit falsehood in

or causes another to commit them, should be punished with the

public or commercial document, who executes any of the

prison terms of one (1) to three (3) years or a fine of one hundred

following behaviors:

(100) to three hundred (300) days, and special disqualification for
employment or public office for a period of one (1) to five (5) years.

1)

Alter, destroy, delete or hide a document
in any of its essential elements;

two)

Simulates a document in whole or in part, so
misleading as to its authenticity; or,

3)

Failure to tell the truth in the narration of the facts, or
insert different statements or statements
of the true ones or that have not taken place, of
so as to mislead the veracity of the

ARTICLE 459.- USE OF FALSE DOCUMENT.
Who, without having intervened in its falsification, presents in
trial a false document of those included in Article
456 of this Code, or makes use of said document
causing damage to a third party, makes use of said document,
must be punished with the prison sentence designated for the
counterfeiting, reduced by one third (1/3).

document in any of its essential elements.
ARTICLE 460.- TRAFFIC OF DOCUMENTS OF
The crime of falsity described in the previous paragraphs must

FALSE IDENTITY. Who without having intervened in his

be punished with the prison terms of two (2) to five (5)

counterfeiting, traffics in any way with documents of

years and a fine of two hundred forty (240) to four hundred

false identity, should be punished with the same penalties

(400) days, if it is a commercial document and four

indicated in Article 456 of this Code.

(4) to eight (8) years in prison and a fine of three hundred (300) to
five hundred (500) days if it is a public document.

SECTION II
FALSE IN PRIVATE DOCUMENTS

ARTICLE 457.- RESPONSIBILITY OF MINISTERS
RELIGIOUS. To the religious minister who commits any

ARTICLE 461.- FORGERY OF DOCUMENTS

of the behaviors described in the previous article regarding

PRIVATE. Who to harm another, commits in

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private document any of the falsehoods provided in the

ARTICLE 466.- MANUFACTURE OR HOLDING OF

Article 456 of this Code, must be punished with the

INSTRUMENTS FOR COUNTERFEITING

imprisonment from one (1) to three (3) years.

BANK CARDS AND TRAVEL CHECKS. The
development or possession of tools, materials, instruments,

ARTICLE 462.- USE OF PRIVATE DOCUMENTS

devices, substances, data, computer programs or other

FALSE. Who without having intervened in its falsification,

media specifically dedicated by nature or destination

presents in court or causes damage to third party making use

counterfeiting, should be punished with the prison sentence of

of the false documents referred to in the previous article,

four (4) to six (6) years.

must be punished with the penalty indicated for falsification,
reduced by one third (1/3).

ARTICLE 467.- FALSE INSTRUMENTS
FINANCIAL. Who as a de facto administrator or

SECTION III

of law of a company that issues traded securities

COUNTERFEITING CREDIT CARDS AND
DEBIT, TRAVEL CHECKS AND INSTRUMENTS
FINANCIAL.

in the stock markets and to the detriment of another, falsifies the
economic-financial information contained in the brochures
issuance of any financial instruments, with the
purpose of placing any type of financial asset or

ARTICLE 463.- COUNTERFEITING OF CARDS

obtain financing by any means, must be punished

BANKING AND TRAVEL CHECKS . Who alters, copies,

with prison sentences of two (2) to five (5) years and a fine

reproduce or otherwise counterfeit bank cards

from three hundred fifty (350) to seven hundred (700) days.

credit or debit or traveler's checks and system checks
financial, should be punished with the penalties indicated for the
counterfeit currency.

The penalty provided for in the preceding paragraph must be applied to
who carries out securities operations for which he is not
authorized, operates as a securities agency without having made
the corresponding entry in the registries or claims to have

With the penalties referred to in the preceding paragraph, it must be

made transactions on the exchange without having registered them.

punished who sells credit cards in Honduras
issued abroad, by an operator not domiciled in the

The penalty increased by one third (1/3) must be applied when:

country, and those who act in Honduras as placement agents
from the same.

1) The investment, the deposit, the placement of the
asset or financing; or,

ARTICLE 464.- CARD TRAFFIC
FALSE BANKING OR TRAVELER'S CHECKS. Who

2) The damage caused is notoriously serious.

without having intervened in its falsification, it sells or distributes
bank credit or debit cards or traveler's checks

ARTICLE 468.- SPECIFIC AGGRAVATORS. Yes

falsified, must be punished with the penalties indicated for

the culprit belongs to an organized criminal group that

counterfeit currency.

engages in any of the crimes
included in this section, should be punished with the penalty

ARTICLE 465.- CARD HOLDING

respectively indicated increased by one third (1/3).

FALSE BANKING OR TRAVELER'S CHECKS FOR
ITS RELEASE. Who acquires or

ARTICLE 469.- LIABILITY OF THE

receive bank credit or debit cards or checks from

LEGAL PERSONS. When according to

falsified travel for dispatch or distribution, must be

established in Article 102 of this Code, a

punishable by imprisonment from five (5) to eight (8) years.

legal person is responsible for the crimes covered
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In this section, you must be fined for

TITLE XXVII

an amount equal to or up to three times the profit obtained or
CRIMES AGAINST THE ADMINISTRATION

alleged.

PUBLIC
CHAPTER IV

CHAPTER I

PERSONAL FALSETIES

MISFEEDING OF PUBLIC FLOWS

ARTICLE 470.- USURPATION OF PERSON-

ARTICLE 474.- MISLEADING BY

NAME OF ANOTHER. Who attributes the identity of another

APPROPRIATION. The public official or employee who

person or those attributes or qualities that identify them

appropriates, directly or indirectly, for the benefit of you or

legally, in order to obtain profit for themselves or

a third party, of State property whose administration, possession

third party or to cause harm to another, must be punished
with a prison sentence of one (1) to four (4) years.

or custody has been entrusted to you for reason or on the occasion of
his duties, he should be punished with the prison sentences of
four (4) to six (6) years, fine for an amount equal to or up to
triple the value of the embezzled and absolute disqualification

ARTICLE 471.- USURPATION OF FUNCTIONS

for twice the length of the prison sentence.

PUBLIC. Whoever illegitimately performs acts proper to a
public official or employee, attributing that quality,

ARTICLE 475.- MISUSE BY USE. The

must be punished with a prison sentence of one (1) to four

public official or employee who improperly uses or

(4 years.

allows another to use State property whose administration,
custody or custody is entrusted by reason of their

ARTICLE 472.- PROFESSIONAL INTRUSION.
Who performs acts typical of a profession without possessing
the corresponding academic title or the corresponding
authorization in accordance with current legislation, must be

functions, and thereby causes damage to the public heritage,
must be punished with prison terms of four (4) to
six (6) years, a fine of an amount equal to or up to three times the amount
value of the embezzled and absolute disqualification for twice
of the time of the prison sentence.

punishable by imprisonment from one (1) to three (3) years.
ARTICLE 476.- MISLEADING BY APPLICATION
ARTICLE 473.- MISUSE OF UNIFORM,

DIFFERENT OFFICER. The public official or employee

INSIGNIA AND POLICE OR MILITARY EQUIPMENT. Who

that unduly gives application other than the one officially

without being authorized publicly wears uniform, insignia

has been conferred on State property, and thereby causes

or equipment exclusively belonging to the Corps of

damage to the public heritage, must be punished with the

Security and Investigation of the State or the Armed Forces,
must be punished with a prison sentence of two (2) to four
(4) years or a fine of two hundred (200) to four hundred (400) days.

prison terms of four (4) to six (6) years, a fine of one
an amount equal to or up to three times the value of the embezzled and
absolute disqualification for twice the time of the sentence
from prison.

The penalty to be imposed must be imprisonment from four (4) to eight ARTICLE 477.- UNFAIR ADMINISTRATION OF THE
(8) years if the uniform, insignia or equipment mentioned in

PUBLIC HERITAGE. The official or employee

the preceding paragraph are used to facilitate or conceal the

public that outside of the previous cases and exceeding in

commission of a crime. If such effects are possessed with said

the exercise of its powers to manage an estate

purposes, the prison sentence must be two (2) to four (4) years.

public, infringes them and thereby causes harm to the

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administered patrimony, must be punished with the penalties

and in this way causes damage to the public heritage

imprisonment from four (4) to six (6) years, a fine of one

more than Twenty Thousand Lempiras (L.20,000.00) must be

an amount equal to or up to three times the value of the embezzled and

punishable by six (6) months to three (3) years in prison,

absolute disqualification for twice the time of the sentence

fine for an amount equal to or up to double the damage caused

from prison.

and special disqualification for the exercise of employment or position
public for a period of one (1) to four (4) years.

ARTICLE 478.- SPECIFIC AGGRAVATIVES . The
The facts referred to in the previous articles must be

ARTICLE 481.- GENERAL PROVISIONS. The

punishable by imprisonment from six (6) to nine (9)

provisions of this chapter are extensive in cases

years, fine for an amount equal to double or up to four (4)

following:

times the value of the embezzled and absolute disqualification by
1)

twice the length of the prison sentence, if the amount of

To those in charge of any concept of funds,
Income, flows or effects of the Administration

the misappropriated or the damage caused exceeds the Hundred Thousand

Public;

Lempiras (L.100.000).

The penalties respectively provided for in each

two)

To the people or civil entities that handle
funds or state assets or receive transfers

Of course, increased by one third (1/3), if any

of funds earmarked for public services through

of the following circumstances:

of state budget lines, including
unions, political parties, associative companies

1)
two)

The facts fall on public goods of value

peasant women, cooperatives, boards, associations

historical, cultural or artistic; or,

charities, sports and religious; Y,

The facts fall on goods destined to

3)

To administrators or money depositories

basic public services, health

or property whose custody has been entrusted to you

or social security institutes.

by public authority, even if they belong to
individuals.

ARTICLE 479.- SPECIFIC ATTENUANTS.
The penalties provided for in the previous Articles may be

For the purposes of the provisions of this chapter, the term

reduced by up to two thirds (2/3) when there is any

State property assets of any kind that are of

of the following circumstances:

publicly owned, those privately owned that are
under the administration or custody of the State, as well as

1)

The value of the damage caused or of the goods

documents or legal instruments that prove said

appropriate is less than Twenty Thousand Lempiras

ownership or other rights to such assets.

(L. 20,000); or,
CHAPTER II
two)

The subject has returned the good or repaired the damage

FRAUD AND ILLEGAL EXACTIONS

caused before conducting investigations
ARTICLE 482.- FRAUD. The official or employee

against him.

public that, intervening by reason of his position in
ARTICLE 480.- IMPRUDING MISLEADING. The

any of the public procurement modalities or in

public official or employee who due to gross negligence

liquidations of effects or public assets, is arranged with

misplaces, damages, or allows others to unlawfully seize

interested parties or uses another device to defraud any

of State property whose administration, possession or custody

public entity, should be punished with the prison sentences of

has been entrusted to him for reason or on the occasion of his duties,

five (5) to seven (7) years, a fine for an amount equal to or up to
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triple the value of the defrauded and absolute disqualification for

if the amount of illicit enrichment exceeds one million

twice the length of the prison sentence.

Lempiras (L. 1,000,000).
CHAPTER IV

The individual who is arranged with the official or employee

public for the purposes of the preceding paragraph, should be punished with INCOMPATIBLE NEGOTIATIONS WITH
EXERCISE OF PUBLIC FUNCTIONS AND ABUSES
the same prison sentences and a fine, plus disqualification
IN THE EXERCISE OF THE FUNCTION

to obtain subsidies and public aid, contract with
the public sector and enjoy tax benefits or incentives
or Social Security for twice the time of the sentence

ARTICLE 485.- INCOMPATIBLE NEGOTIATIONS

from prison.

OF PUBLIC OFFICIAL OR EMPLOYEE. The
public official or employee who must intervene

ARTICLE 483.- ILLEGAL EXACTIONS. The

by reason of his position in any kind of contract, matter,

public official or employee who requires direct or

operation or activity, takes advantage of such a circumstance to

indirectly the payment, for oneself or a third party, of a tax,

force or facilitate, for themselves or for a third party, any way

contribution, fee, fee or any other amount that is not

of participation, directly or through an intermediary, in such

are owed or in an amount greater than that legally indicated,

business or actions, should be punished with the penalties of

must be punished by imprisonment from three (3) to six (6)

imprisonment from three (3) to five (5) years and a fine of an amount

years and special disqualification from office or public office by the

equal to or up to three times the profit obtained or pursued

twice the length of the prison sentence.

and special disqualification for the exercise of office or office

The above penalties must be imposed without prejudice to

public for twice the length of the prison sentence.

those that, if applicable, correspond to the use of violence or
coercive or intimidating methods used to perceive

ARTICLE 486.- INCOMPATIBLE NEGOTIATIONS

the illegal levy.

OF EXPERT, REFEREE AND ACCOUNTANTS. The experts,
CHAPTER III

ILLICIT ENRICHMENT

umpires and accountants conducting themselves as intended
in the previous article, regarding the goods or things in
whose appraisal, partition or adjudication are involved and the
guardians, curators or executors with respect to the belonging

ARTICLE 484.- ILLICIT ENRICHMENT. The

to their wards or testamentary, as well as the administrators

public official or employee that increases his patrimony

insolvency regarding the assets and rights integrated in

in more than Five Hundred Thousand Lempiras (L. 500,000) above

the bankruptcy or bankruptcy estate, should be punished with

of their legitimate income during the performance of their duties

the penalties of three (3) to five (5) years in prison, a fine of

and up to two (2) years after having ceased in them and for

an amount equal to or up to three times the profit obtained

reasons that cannot be reasonably justified,

or persecuted and special disqualification for employment or position

must be punished with prison terms of four (4) to

public, profession or trade, guardian, guardianship or curatorship, according to

six (6) years, a fine of an amount equal to or up to triple

cases, for twice the length of the prison sentence.

illicitly obtained enrichment and disqualification
absolute for twice the length of the prison sentence.

ARTICLE 487.- ILLEGAL ADVICE. The
civil servant or public employee that out of the cases

The facts referred to in the preceding paragraph must be

permitted by laws or regulations, performs on its own or

punished with imprisonment increased by one third

by an intermediary, a professional activity or

(1/3), fine for an equal amount or up to four (4) times

permanent or accidental advice, under the dependency

improperly obtained enrichment and disqualification

or at the service of private entities or individuals in question

absolute for twice the time of the prison sentence,

in which he must intervene or has intervened by reason of his position,

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or in those that are processed, dictated, reported or resolved in

The penalties provided for in the preceding paragraphs must be

the administrative body or unit in which it is assigned or the

impose without prejudice to those that correspond to the crimes

against sexual freedom actually committed.
which depends, should be punished with the penalties of a fine of one hundred
(100) to four hundred (400) days and special disqualification for
CHAPTER V

the exercise of public office or office from one (1) to three (3) years.

INFLUENCE PEDDLING
ARTICLE 488.- USE OF INFORMATION
PRIVILEGED. The public official or employee

ARTICLE 490.- TRAFFIC OF INFLUENCES
COMMITTED BY PUBLIC OFFICIAL. The

that makes use of a secret or information that it has

public official or employee influencing another

knowledge exclusively by reason of their office or position

civil servant or public employee taking advantage of the exercise
of the powers of his position or of any other situation

to obtain an economic benefit for himself or for a third party,
should be punished with the penalties of a fine for an amount

derived from his personal or hierarchical relationship with him or with
another public official or employee, to obtain an act or

equal to or up to three times the profit obtained, pursued or

resolution of a public nature that can generate direct

provided, or a fine of four hundred (400) days if the benefit

or indirectly an undue benefit or advantage from any

could not be quantified, plus special disqualification for the

nature for himself or for a third party, must be punished with

exercise of office or public office from three (3) to five (5) years.

prison sentences from two (2) to five (5) years, a fine of one hundred
(100) to three hundred (300) days and absolute disqualification by the

If the above events cause serious damage to the cause

twice the length of the prison sentence.
If you obtain the desired benefit, the penalties are increased

public, prison sentences of one (1) to one must be imposed

by one third (1/3).

three (3) years, a fine of an amount equal to or up to four (4)
times the benefit or harm caused and absolute disqualification
from four (4) to six (6) years.
ARTICLE 489.- REQUEST FOR ACTS OF
SEXUAL CONTENT. The public official or employee
sexually soliciting a person in any way
that has pending claims of resolution, opinion,
report or processing of that, for the benefit of herself
or for a third party with whom you are related by kinship

ARTICLE 491.- TRAFFIC OF INFLUENCES
COMMITTED BY INDIVIDUAL. The particular influencing
in a public official or employee, taking advantage of
any situation arising from your personal relationship with him
or with another public official or employee, to obtain
a resolution of a public nature that may generate
directly or indirectly an undue benefit or advantage
of any nature for himself or for a third party, it must be
punishable by imprisonment from one (1) to three (3) years,
fine of one hundred (100) to three hundred (300) days and disqualification

or affectivity, must be punished with the prison sentences of

to obtain subsidies and public aid, contract with
one (1) to two (2) years, a fine of one hundred (100) to two hundred (200)
the public sector and obtain benefits or tax incentives or
days and absolute disqualification for a period of five (5) to ten
of Social Security for twice the time of the penalty
(10 years.
prison.
The public official or employee assigned to

If you obtain the desired benefit, the penalties are increased

prisons or protection centers or

by one third (1/3).

internment of the offending child who requests sexually
to a person subject to their custody or to a third party linked to the

CHAPTER VI

kept by kinship or affection, must be punished

BRIBERY

with prison sentences of two (2) to four (4) years, fine
from two hundred (200) to three hundred (300) days and disqualification ARTICLE 492.- OWN BRIBERY. The official or
absolute time from six (6) to twelve (12) years.

public employee who, for his own benefit or that of a third party,
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receives, requests or accepts, by itself or by another person or entity,

equivalent to an amount greater than Five Thousand Lempiras

gift, favor, promise or retribution of any kind

(L. 5,000).

to carry out a contrary act in the exercise of their position
to the duties inherent therein, or omit or delay

ARTICLE 496.-BRIBERY COMMITTED BY

unjustifiably the one who should practice, should be punished

PARTICULAR. Who offers or delivers, by himself or by

with prison sentences of five (5) to seven (7) years, fine

interposed person, gift, favor, promise or remuneration of

for an amount equal to or up to three times the value of the gift

any class to a public official or employee to

or compensation and absolute disqualification for twice the time

the purposes described in the preceding articles, must be

of the prison sentence.

punished, in their respective cases, with the same penalties
imprisonment and a fine that the public official or employee

If the act carried out, omitted or delayed due to the
Retribution or promise is constitutive of a criminal offense,
The penalties to be imposed are increased by one third (1/3), without
detriment of also imposing those that correspond by the
crime or offense committed.
ARTICLE 493.- IMPROPER BRIBERY. The official
or public employee who, for his own benefit or that of a third party,
receives, requests or accepts, by itself or through an intermediary,
gift, favor, promise or retribution of any kind to

corrupt, and disqualification from obtaining grants and aid
public, contract with the public sector and obtain benefits
or tax or Social Security incentives for twice the amount
time of the prison sentence.
The same penalties should be imposed when the conduct
above are carried out to corrupt officials or
foreign public employees.
ARTICLE 497.- CONCUSSION. The official or employee
public that abusing their position or their functions requires,
compels, forces or induces someone to give or promise to the same

perform an act proper to his office, he should be punished with

public official or employee or to a third party, money or

imprisonment from three (3) to six (6) years, a fine of

any other improper utility, incurs the penalties of five

an amount equal to or up to three times the value of the gift or

(5) to seven (7) years in prison, from one hundred (100) to four hundred

remuneration, and absolute disqualification for twice the time

(400) days fine, and absolute disqualification for twice

that lasts the prison sentence.

duration of the prison sentence.

ARTICLE 494.- BRIBERY AFTER THE ACT.

CHAPTER VII

The penalties provided for in articles must be imposed

ADMINISTRATIVE PREVARICATE

precedents, in their respective cases, when the gift,
favor, promise or retribution is received, requested or accepted by

ARTICLE 498.- ADMINISTRATIVE PREVARICATE.

the public official or employee as a reward for the

The public official or employee who, knowing his

conduct described in those articles.

injustice, dictates arbitrary resolution in administrative matter,
must be punished with the penalty of special disqualification for

ARTICLE 495.- BRIBERY BY CONSIDERATION

position or public office from five (5) to ten (10) years.

IN CHARGE. The public official or employee who, in

If the arbitrary resolution is manifestly unfair and it is issued

own profit or that of a third party, admits, by itself or by person

for gross negligence, it is punishable by the penalty of disqualification

interposed, gift or gift that were offered to him in

Special for office or public office from three (3) to five (5) years.

consideration of his position or function, he should be punished with
imprisonment from six (6) months to two (2) years, a fine of

CHAPTER VIII

one hundred (100) to two hundred (200) days and special disqualification ABUSE OF AUTHORITY AND VIOLATION OF
for public office or office from one (1) to three (3) years.

DUTIES OF OFFICIALS

For the purposes of this Article, it is understood that it constitutes

ARTICLE 499.- ABUSE OF AUTHORITY. Eat the

gift or gift obtaining an economic advantage

crime of abuse of authority and must be punished with the penalty

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of special disqualification for employment or public office of three

must be punished with the penalty of special disqualification for

(3) to six (6) years, the public official or employee, who

employment or public office from five (5) to ten (10) years and a fine

perform some of the following behaviors:

from one hundred (100) to three hundred (300) days.

1)

Openly refuses to comply

With the same penalty as in the previous paragraph it must be

to court decisions, decisions or orders

punished who continues to hold a position or job

of the competent authority covered by the

public in which he should have ceased in accordance with the Law.

corresponding legal formalities.
The public official or employee who leaves office without
Notwithstanding the provisions of the preceding paragraph,
who does not incur criminal responsibility
fulfills a mandate that constitutes
a clear, manifest and final violation of
any legal provision;

two)

the resignation to it having been admitted, he must be punished
with the penalty of special disqualification for employment or position
public from one (1) to three (3) years and a fine of one hundred (100) to
three hundred (300) days.
CHAPTER IX

Unduly omits, refuses, or delays any
act proper to the functions it performs.

In the event that the acts refer to tasks of
justice, public order, education or public health
and demand immediate compliance, the penalty is
should increase by one third (1/3);

3)

Required by competent authority, does not provide
due cooperation for the Administration of
Justice or other public service; Y,

INFIDELITY IN THE CUSTODY OF
DOCUMENTS AND VIOLATION OF SECRETS

ARTICLE 501.- ABDUCTION, DESTRUCTION,
HIDING OR INUSE OF DOCUMENT
IN CUSTODY. The public official or employee who,
knowingly steals, destroys, renders useless or conceals, total or
partially, documents whose custody is entrusted to you
by reason of his position, he should be punished with the penalties of
imprisonment from two (2) to four (4) years, fine of two hundred (200)
four hundred (400) days and special disqualification for time

4)

Required by an individual to provide some assistance

from five (5) to ten (10) years.

to whom he is obliged by reason of his position to
avoid some crime or other evil, refrains from

ARTICLE 502.- FACILITATING DESTRUCTION OF

lend it.

DOCUMENT IN CUSTODY. The official or employee
public that, by reason of his position, is entrusted with the

ARTICLE 500.-ADVANCE, PROLON-

custody of documents for which the authority

GATION AND ABANDONMENT OF DUTIES

competent authority has restricted access, and knowingly

PUBLIC. Who begins to hold a position or

destroys or disables the means set up to prevent such access

public employment without meeting the legal requirements

or consent to its destruction or disablement, must be punished

established for it, must be punished with the penalty of

with prison sentences of one (1) to two (2) years, a fine of

special disqualification for employment or public office of one (1)

one hundred (100) to two hundred (200) days and special disqualification

three (3) years and a fine of one hundred (100) to three hundred (300) days.
from three (3) to five (5) years.
The public official or employee who proposes, appoints or

The individual who destroys or disables the means to which he

gives possession for public office or employment to a person in whom

referred to in the previous paragraph, must be punished with the penalty of

the legally established requirements for this do not meet,

fifty (50) to one hundred (100) days fines.
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ARTICLE 503.- ACCESS TO DOCUMENTS

consequence of secrecy or privileged information that

SECRETS. The public official or employee does not

obtained from a public official or authority, it must be

included in the previous article that, knowingly and without

punishable by imprisonment from six (6) months to one (1)

the due authorization, access or allow access to

year, fine for an amount equal to or up to three (3) times the

secret documents whose custody is entrusted to you by reason

benefit obtained or intended and disqualification to obtain

of his position, he will incur the penalty of a fine of two hundred (200) tosubsidies and public aid, to contract with the sector
four hundred (400) days and disqualification for e mployment

public and to enjoy benefits and tax incentives or

or public office from five (5) to ten (10) years.

Social Security for a period of two (2) to four
(4 years.

ARTICLE 504.- LIABILITY OF THE
INDIVIDUALS. They must be punished with the same
penalties that in the previous articles the individuals

If it is serious damage to the public cause or to a third party, the
Penalties are increased by one third (1/3).

accidentally charged with the dispatch or custody of
documents, by commission of the Government or the authorities
or public officials to whom they have been entrusted by
reason for their position, who engage in the behaviors described in

CHAPTER X
USURPATION OF FUNCTIONS AND SIMULATION OF
POSITION

the same.

ARTICLE 505.- DISCLOSURE OF SECRETS. The
public official or employee who discloses information about
those that you are aware of by reason of your office or position and
that should not be disclosed, should be punished with the penalty of
imprisonment from six (6) months to one (1) year, fine of four hundred
(400) to eight hundred (800) days and special disqualification for

ARTICLE 507.- USURPATION OF FUNCTIONS AND
CHARGE SIMULATION PER INDIVIDUAL. Who
Without legal authorization, he performs acts proper to an official
or public employee attributing official status, must be
punishable by imprisonment from six (6) months to two (2)
years and a fine of one hundred (100) to two hundred (200) days.

employment or public office for a period of three (3) to six (6) years.

CHAPTER XI

If the disclosed information had the protection of

COMMON PROVISIONS

secrets in accordance with current legislation, it must be
punishable by imprisonment from two (2) to four (4) years,
fine of four hundred (400) to eight hundred (800) days and
special disqualification for employment or public office for time
from three (3) to six (6) years.

ARTICLE 508.- SPECIFIC AGGRAVATIVES. The
Penalties provided for in this title may be increased up to a
maximum of one quarter (1/4) when any of the
following circumstances:

If the disclosure referred to in the preceding paragraphs
It is serious damage to the public cause or to a third party,

1)

Penalties will be increased by one third (1/3).
If it is about the secrets of an individual, the penalties should be the

public service; or,
two)

imprisonment from two (2) to four (4) years, a fine of four hundred
(400) to eight hundred (800) days and special disqualification of
employment or public office for a period of three (3) to six (6) years.

A serious injury is caused by the crime for a

The acts are committed within a group
organized criminal.

3)
ARTICLE 509.- PUNITION OF ACTS
PREPARATORY. Conspiracy, proposition or

ARTICLE 506.- USE OF SECRET

provocation to commit crimes against the Administration

OR PRIVILEGED INFORMATION . The particular that

Public must be punished with the corresponding penalties

obtains an undue benefit for himself or for a third party, such as

reduced by one third (1/3).

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ARTICLE 510.- EFFECTIVE COLLABORATION WITH THE

ARTICLE 513- COVERAGE. Who with

AUTHORITIES. The penalties to be imposed can be lowered up to

knowledge of the commission of a crime and without having

a maximum of two thirds (2/3) if the guilty party

participated in it, subsequently intervenes to help

typified in this title collaborates effectively with the

of those responsible, concurring any of the circumstances

authorities to prevent the commission of crimes against

following:

Public Administration or mitigate its effects, to contribute or
obtain evidence from others already committed or for identification,
prosecution and prosecution of other responsible parties.

1) Hiding, altering or disabling the body, the effects,
or the instruments or any other evidence that
incriminates, hindering or preventing its discovery;

ARTICLE 511.- LIABILITY OF THE
LEGAL PERSONS. When according to
established in Article 102 of this Code, a

2) Helping those responsible to evade investigation
of the crime or to withdraw from the action of justice; or,

legal person is responsible for the crimes of fraud,

3) Helping those responsible to benefit u

influence peddling or bribery contained in this title,

profit from the crime committed.

must impose the penalty of a fine equal to or up to

He must be punished with the corresponding prison sentence

five (5) times the value of the damage caused or the benefit

to covert crime reduced by two thirds (2/3).

obtained. Additionally, some of the
following sanctions:
1)

two)

The previous penalty must be imposed at its maximum limit

Suspension of specific activities in the

and special disqualification from office or public office by

that the crime occurred, for a period that cannot

time from two (2) to four (4) years if the concealer is

exceed five (5) years;

public official or employee who acts with abuse of

Prohibition of future activities

its functions.

specific in whose exercise it was committed,

Penalties are increased by one third (1/3) if the

favored or concealed the crime; Y,
3)

Disqualification from obtaining grants and aid

cover-up is done on a regular basis or by price,
reward or promise of remuneration.

public, to contract with the public sector and
to enjoy benefits and tax incentives or
Social Security, for a period that cannot
exceed ten (10) years.
ARTICLE 512.- INTERNATIONAL REINCIDENCE.
The conviction of a foreign court for crimes

ARTICLE 514.- EXEMPTION FROM RESPONSEBILITY. They are exempt from the penalties imposed on
cover-ups, whoever is of their spouse or person with
the one that maintains a stable relationship of a similar nature,
of his ascendant, descendant within the fourth degree of

of the same nature as those provided for in this title, produces

consanguinity or second degree of affinity or his brother,

the effects of recidivism, except that the antecedents

Except for the cover-ups referred to in numeral 3) of the

penalties have been canceled or could have been canceled with

previous article.

under Honduran law.
ARTICLE 515.- OMISSION OF THE DUTY OF
TITLE XXVIII
CRIMES AGAINST THE ADMINISTRATION OF
JUSTICE

PURSUE CRIMES . The public official or employee
that, lacking the obligation of his position, does not promote or leave
to promote the prosecution of crimes of which it has news
or those responsible, or do not carry out the necessary procedures

CHAPTER I
CRIMES AGAINST THE ACTION OF JUSTICE

to adopt precautionary measures or ensure compliance with the
issued by the judges, must be punished with the penalty of
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special disqualification for employment or public office for time

years, experts, interpreters, translators must be punished

from three (3) to six (6) years.

and technical consultants who commit false testimony.

CHAPTER II
CRIMES OF OBSTRUCTION IN THE EXERCISE OF
JUSTICE

ARTICLE 520.- INTIMIDATION OF WITNESSES AND
OTHER PARTICIPANTS IN THE CRIMINAL PROCESS.
Who with violence or intimidation tries to influence who
be complainant, party, accused, lawyer, attorney,

ARTICLE 516.- JUDICIAL PREVARICATE. Judge

witness, expert or interpreter in a proceeding so that

o Court that knowingly issues an unfair resolution must be

modify his procedural behavior, he must be punished with

punishable by imprisonment from three (3) to six (6) years and

prison sentences of five (5) to seven (7) years and a fine of

special disqualification for office or public office of fifteen

three hundred (300) to five hundred (500) days.

(15) to twenty (20) years.
If he succeeds, he must be punished with the penalties
If the resolution is manifestly unfair and is issued

indicated in the previous paragraph increased by one third (1/3).

for gross recklessness, should be punished with the penalty of

Anyone who performs any

special disqualification for employment or public office of three

act that threatens life, integrity, liberty, liberty

(3) to five (5) years.

sexual or property, in retaliation against the aforementioned subjects
in the first paragraph for his performance in a procedure

ARTICLE 517.- DENIAL OF JUSTICE. Judge

judicial, without prejudice to the penalty that may correspond

o Court that refuses to judge without legal cause or alleging

the crimes committed.

darkness, insufficiency or silence of the Law, must be punished
with penalty of special disqualification for employment or position

ARTICLE 521.- DISCLOSURE OF IDENTITY OF

public for a period of two (2) to five (5) years and a fine of one hundred PROTECTED WITNESS. Who knowing the condition
(100) to two hundred (200) days.

protected witness of a person, discloses their data
personal, whereabouts or any other circumstance that makes

ARTICLE 518.- ARBITRARY PERFORMANCE OF THE

endanger his protection, he must be punished with the penalty of

OWN RIGHT. Who to realize a right

imprisonment from four (4) to six (6) years.

own, acting outside the legal channels, I will use violence,
intimidation or force in things, should be punished with the

If the subject that reveals the aforementioned data is

imprisonment from six (6) months to one (1) year.

civil servant or public employee, it should be imposed, in addition
of the prison sentence of the first paragraph, that of disqualification

Penalty increased by one third (1/3) should be imposed if

special office or public office for twice the time of

for intimidation or violence the use of weapons or

the prison sentence

dangerous objects in the commission of the act, without prejudice to
the penalties that must also be imposed for intimidation or

ARTICLE 522.- OFFENSE OF LACK OF REGISTRATION

violence exercised.

OF CUSTOMERS AND THEIR IDENTIFICATION. Headlines
of the companies and institutions that provide

ARTICLE 519.- FALSE TESTIMONY. The witness that

communications or those to whom they delegate, who omit the

in a judicial case, he lacks the truth in his testimony, it must be

obligation to register or identify its clients, in accordance with

punishable by imprisonment from five (5) to seven (7) years

what is established in the special legislation, must be punished

and a fine of one hundred (100) to four hundred (400) days.

with the penalties of a fine of seven hundred (700) to one thousand (1,000) days.

With the same penalties and special disqualification of profession,

When, in accordance with the provisions of Article 102 of the

trade, trade or industry for a period of five (5) to ten (10)

this Code, a legal person is responsible for this

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crime, the penalty of a fine of one thousand (1,000) must be imposed on The penalties of the previous paragraphs must be imposed
two thousand (2000) days.

reduced by two-third (2/3) if the fugitive appears before a
authority or the place of evasion before the

CHAPTER III

fifteen (15) days from the escape.

CRIMES AGAINST THE AUTHORITY OF THE
JUSTICE

ARTICLE 527.- FAVORING OF THE EVASION.
The public official or employee in charge of the custody or

ARTICLE 523.- JUDICIAL COACTION . Who

guardian of those who are serving a sentence that seeks,

mediating violence or intimidation restricts the performance of the

facilitates or allows the evasion of a person legally

Competent Jurisdictional Body or the Public Ministry
(MP) to obtain a favorable decision or resolution, you must
be punished with a prison sentence of five (5) to ten (10)
years and a fine of five hundred (500) to one thousand (1000) days.

arrested or sentenced, should be punished with the penalty of
imprisonment from five (5) to ten (10) years, fine of three hundred (300)
five hundred (500) days and special disqualification for office
or public office for the same time as the prison sentence.

ARTICLE 524.- BRIBERY OF SUBJECTS
PROCEDURAL. Who gives, offers or promises money or

If the culprit is an ascendant, descendant, spouse or

any other benefit to witness, expert, consultant, interpreter or

who maintains a stable relationship of a nature analogous to the

previous or brother of the escapee, the prison sentence to impose
translator, in order for him to commit false testimony, he must be punished
It must be from three (3) to six (6) years.
with a prison sentence of two (2) to four (4) years, unless the
fact is punishable by a greater penalty in another provision of the
this Code.

CHAPTER IV
CRIMES AGAINST THE JUSTICE SYSTEM

ARTICLE 525.- DISOBEDIENCE TO MANDATE
FISCAL OR JUDICIAL. Who having legal obligation to
appear and having been legally subpoenaed for a second
once by the competent Jurisdictional Body or the Ministry
Public (MP), refrains from appearing without legal cause,
must be punished with a fine of three hundred (300)
five hundred (500) days, without prejudice to the obligation to

ARTICLE 528.- FALSE COMPLAINT OR ACCUSATION.
Who with knowledge of their falsehood or manifest contempt
towards the truth, attributes to a person facts that if
certain would constitute a criminal offense and does so before
public official or employee who has the duty to proceed
to his investigation or prosecution, he should be punished with

fulfill the mandate.

imprisonment from one (1) to four (4) years.
ARTICLE 526.- BREACH OF SENTENCE

It is not possible to proceed against the complainant or accuser but

OR MEASURE. Who breaks his sentence, measure of

after final judgment or definitive dismissal of the case

internment security, judicial detention, prison

by the competent Jurisdictional Body that has known

preventive measure or a precautionary measure, issued in a procedure

Of the same.

of gender violence, should be punished with the penalty of
imprisonment from two (2) to four (4) years.

The latter must proceed ex officio against the complainant
or accuser when there are indications of the prosecuted case

When the penalty that the subject is serving is exclusive of

enough of the false accusation or accusation, without prejudice to

freedom and uses for his escape or evasion from the place where he is

that the fact can also be prosecuted after the complaint

secluded violence or intimidation of persons, or takes part

insulted.

in riot, must be punished with the penalty of the previous paragraph
increased by one third (1/3), without prejudice to those that could

ARTICLE 529.- SIMULATION OF INFRINGEMENT

correspond for other crimes.

NON-EXISTENT. Who pretends to be responsible or victim of
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a criminal offense or report a non-existent one, causing

democracy in force, should be punished with the penalties of

procedural actions, before a public official who for reason

imprisonment from five (5) to nine (9) years, loss of citizenship,

of your position has the obligation to investigate or prosecute it,

for a period of five (5) to ten (10) years and disqualification

must be punished with a prison sentence of six (6) months to

absolute from ten (10) to fifteen (15) years.

two (2) years and a fine of one hundred (100) to three hundred (300) days.
The promoters, leaders or ringleaders of the crime of rebellion
ARTICLE 530.- PROFESSIONAL DISLOYALTY. The

must be punished with the penalties of ten (10) to fifteen (15)

professional who advises or assumes the defense or representation

years in prison, loss of citizenship for the same time

of a person and, without their consent,

that the prison sentence and absolute disqualification of fifteen (15)

simultaneously advises, defends, represents

to twenty (20) years.

or provide information on the matter to those who have interests
contrary, should be punished with the prison terms of one

Those who exercise a subordinate command by appointment of the

(1) to three (3) years and special disqualification for profession,

persons mentioned in the previous paragraph, will be applied

trade, industry or trade for a period of two (2) to five

the penalties indicated therein, reduced by one third (1/3).

(5 years.
ARTICLE 533.- PUNITION OF ACTS
With the same penalties as in the previous paragraph it must be

PREPARATORY. Conspiracy, proposition or

punished the professional who knowingly harms with his

provocation to commit the crime of rebellion, must be

advice, representation or defense, the interests that

punishable by imprisonment from two (2) to four (4) years

were entrusted.

and absolute disqualification from four (4) to six (6) years.

If the above conduct is committed by gross recklessness,

ARTICLE 534.- INFRINGEMENT OF THE DUTY OF

the penalty should be reduced by one third (1/3).

ENDURANCE. Public officials or employees
that being bound by reason of their position or functions, they do not

CHAPTER V
CRIMES AGAINST THE ADMINISTRATION OF
JUSTICE OF THE INTERNATIONAL CRIMINAL COURT

use the legal means at their disposal to contain a
rebellion, should be punished with a prison sentence of two
(2) to four (4) years and special disqualification for office or
public office for a period of four (4) to six (6) years .

ARTICLE 531.- OFFENSES
ADMINISTRATION OF JUSTICE OF THE COURT

ARTICLE 535.- SEDITION. They must be punished with

INTERNATIONAL PENALTY. The provisions of the chapters

imprisonment from three (3) to five (5) years and disqualification

precedents of this title is applicable to the facts

special for office or public office for a period of five (5)

committed against the Administration of Justice of the Court

to ten (10) years, who without the purposes included in

International Criminal.

the crime of rebellion, they rise up in arms carrying artifacts
explosives, firearms or others just as dangerous as
TITLE XXIX

CRIMES AGAINST THE CONSTITUTION

the above, to prevent the approval or application of the
laws or any public authority, official or employee

CHAPTER I

the legitimate exercise of their functions, the fulfillment of their

CRIMES OF REBELLION AND SEDITION

agreements or resolutions, or to compel them to perform an act
own of their functions.

ARTICLE 532.- REBELLION. Who take up arms
to overthrow the legitimately constituted government or change

The promoters, leaders or ringleaders of the crime of sedition

or suspend totally or partially the constitutional system

should be punished with prison terms of five (5) to

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ten (10) years and absolute disqualification for the same time
of the prison sentence.

If the act committed against the President of the Republic,
President or Head of State who is visiting our country,
constitutes the crime of injury or kidnapping, the penalty of imprisonment

ARTICLE 536.- PUNITION OF ACTS

It must be from ten (10) to twenty (20) years.

PREPARATORY. Conspiracy, proposition or
provocation to commit the crime of sedition, must be
punishable by imprisonment from one (1) to three (3) years
and special disqualification for office or public office of three
(3) to five (5) years.
ARTICLE 537.- COMMON PROVISIONS. Must be
impose the respectively foreseen reduced prison sentence
by half (1/2) when the perpetrators of the crimes regulated in
this chapter are dissolved or submitted to the legitimate authority
before the tax requirement or consequence thereof.

In all cases, the suspension must also be imposed
of citizenship and absolute disqualification for the same time
of the prison sentence.

ARTICLE 540.- PUNITION OF ACTS
PREPARATORY. Conspiracy, proposition or
provocation to commit any of the crimes regulated in
the previous article, should be punished with the prison sentence
respective reduced by one third (1/3).

SECTION II
The crimes provided for in this chapter shall be punished without prejudice
DISTURBANCE OF THE OPERATION OF THE
of the corresponding penalties for other crimes committed with
INSTITUTIONS

occasion of them.
CHAPTER II
CRIME OF ULTRATION TO SYMBOLS
NATIONAL

ARTICLE 541.- ILLICIT DISTURBANCE OF THE
FUNCTIONING OF THE INSTITUTIONS.
Those who with violence, intimidation or force invade the headquarters
of the National Congress, of the Supreme Court of Justice (CSJ)

ARTICLE 538.- OUTRAGE TO SYMBOLS

or the Headquarters of the Executive Power, when they are meeting

NATIONALS. Whoever violates any of the

in the exercise of their functions, they should be punished with the

national symbols, must be punished by imprisonment

prison terms of three (3) to six (6) years and disqualification

from six (6) months to one (1) year.

special for public office or office from six (6) to ten (10) years.
Who with violence, intimidation, force, simulating

CHAPTER III
CRIMES AGAINST THE INSTITUTIONS OF THE
CONDITION

authority or invoking false order, they try to prevent
exercise of the functions of the National Congress, of the
Supreme Court of Justice (CSJ) or the Headquarters of Power
Executive, should be punished with the prison sentences of

SECTION I
DEATH, INJURY OR KIDNAPPING OF

two (2) to five (5) years and special disqualification from office
or public office for twice the time of the prison sentence.

REPUBLIC PRESIDENT
Those who with violence or intimidation prevent
ARTICLE 539.- DEATH, INJURIES OR KIDNAPPING

members of the National Congress, the Supreme Court of

FROM THE PRESIDENT OF THE REPUBLIC. Who kills

Justice (CSJ) or the Headquarters of the Executive Power, attend

to the President of the Republic, President or Head of State who

to the meetings of such Institutions, they should be punished with

is visiting our country, must be severely punished

imprisonment from two (2) to four (4) years and disqualification

with the maximum penalty of imprisonment for life without prescription special for public office or office for twice the time
of the prison sentence.

of the crime.

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Who with violence, intimidation, force, simulating

For the purposes of the preceding article, documents are considered

authority or invoking false order, they try to prevent

electoral:

exercise of the functions of municipal corporations,
1)

The National Electoral Census;

twice the length of the prison sentence.

two)

Voter Lists;

The penalties provided in the preceding paragraphs must be

3)

Voting Notebooks;

4)

Acts of the Electoral Bodies;

must be punished with a prison sentence of one (1) to three (3)
years and special disqualification for office or public office for

impose without prejudice to those that may correspond if in
the execution of the foregoing other crimes were committed or if the
fact would constitute another more serious crime.

5)

Lists of disabled voters;

6)

Certifications of results and any other

CHAPTER IV

class used in the electoral process;

ELECTORAL CRIMES
7)

The written proposals of the Political Parties

ARTICLE 542.- COERCION AND THREAT

to integrate Electoral Organizations;

ELECTORAL. He must be punished with the penalty of four
(4) to six (6) years in prison, whoever executes any of the

8)

The information contained in the

following behaviors:
1)

transmission of preliminary results;

Without being legitimately authorized, it prevents
another through the use or not of violence, exercise their

9)

Credentials issued by the Supreme Court
Electoral (TSE);

electoral rights;

two)

I will not allow or by any means hinder

10) Electoral Ballots;

electoral bodies, the occupation
timely of the public premises necessary for
its operation;
3)

11) Identity Cards; Y,
12) The lists of candidates for elected positions
popular.

Alters or hinders any legitimate act of
electoral propaganda;

ARTICLE 544.- OTHER ELECTORAL CRIMES.
They must be punished with a penalty of four (4) to six (6) years

4)

Prevent electoral bodies or any of

imprisonment, who commits the following acts:

its members, the fulfillment of their functions; Y,
1)
5)

Unexcused delay in training, expedition

Prevent the opening of the vote, interrupt it or

o publication of electoral documents and

change premises.

obstruction for the delivery of the same;

ARTICLE 543.- FORGERY OF DOCUMENTS

two)

Malicious inaccuracy in the preparation of the Census

ELECTORAL. Who falsifies electoral documents

Electoral National, its copies, ballots and others

must be punished with the penalties corresponding to the crime

electoral documents;

of falsification of public documents and loss of
citizenship for the duration of the deprivation of

3)

Unjustified change of time and places where

Liberty.

a choice must be made;

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Irregularity in organization and operation

15) Impersonate another person in the exercise of suffrage;

of the Receiving Electoral Tables, such as:
16) Buy or sell the vote;
a) Install a Receiving Electoral Table without
authorization of the Supreme Electoral Tribunal

17) Annul the vote, claiming grounds that are not
included in the Law of the Supreme Court

(TSE); Y,

Electoral (TSE);
b) Usurp any of the positions of the Table
Electoral Receiver;

18) Omit the signature, by the President or
Secretary of the Receiving Electoral Table, in the

5)

electoral ballot;

Prevent the members of the Electoral Tables
Receivers, checking the ballot boxes before starting
voting and at the end of it, as well as the review of

19) Obstruct the development of the schedule of
activities of the Supreme Electoral Tribunal (TSE); Y,

the votes in the scrutiny;

6)

Malicious and incorrect entry in the notebook

20) Alter the databases, which contains the Census
Electoral National, which serve as the basis for

voting or the content of the ballots

its elaboration, those that contain the information

electoral;

scrutinies and others related to the
7)

electoral documentation.

Violation of the secrecy of the vote when it is not
attributable to the voter;

When the indicated acts are committed by officials
or public employees, they will be sanctioned, in addition to

8)

Declaration of election in non-elected persons;

the penalty of special disqualification for twice as long as
the prison term lasts.

9)

Alteration of the number of ballots in relation to the
minutes of opening and votes in relation to the minutes

ARTICLE 545.- ADDITIONAL PENALTY TO

closing of the Receiving Electoral Table;

FOREIGN. In addition to the penalty that may correspond
for the crime committed, the foreigner who obstructs in any

10) Prevent or suspend, without justified reason,
any electoral act;
11) Intentionally delaying or omitting the referral of

forms the electoral function or interferes publicly in matters
internal politicians, must be expelled from the national territory.
ARTICLE 546.- Impersonation of ID

the documentation and electoral material used in

HONDURAN TO EXERCISE SUFFRAGE. The

the elections;

foreigner who illegally carries an Identity Card
as a Honduran and who exercises suffrage, he must be sanctioned

12) Extract the votes cast before being verified
the scrutiny or subtraction of electoral material from

with a penalty of ten (10) years in prison, without prejudice to his
expulsion from the country at the end of the sentence.

the Receiving Electoral Table;
ARTICLE 547.- DESTRUCTION OF PROPAGANDA.
13) Retain the electoral material;

Those who maliciously damage or destroy propaganda
ballot placed in authorized public places, they must be

14) To exercise suffrage while being disqualified or to vote
more than once;

punished with a fine of one hundred (100) to two hundred
(200) days.
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CHAPTER V

rights or other guarantees that the Constitution and

CRIMES AGAINST THE EXERCISE OF RIGHTS

the laws establish;

FUNDAMENTAL
7) Imposes on prisoners or convicted sanctions or
SECTION I

undue or unforeseen deprivation in law; or,

LIMITATION OR IMPEDIMENT OF RIGHTS
FUNDAMENTAL BY OFFICER OR

8) It restricts a person's freedom to move around, go out,
enter or remain in the national territory or the

PUBLIC EMPLOYEE

forces to change address or residence.
ARTICLE 548.- LIMITATION OR IMPEDIMENT OF
CERTAIN FUNDAMENTAL RIGHTS.
He must be punished with prison terms of two (2) to
five (5) years and special disqualification for employment or position
public from ten (10) to fifteen (15) years, unless the fact
is punished with a greater penalty in another provision of this
Code, the public official or employee who arbitrarily
and abusing their functions, perform any of the behaviors

ARTICLE 549.- IMPEDIMENT OF THE EXERCISE
OF OTHER RIGHTS RECOGNIZED IN THE
CONSTITUTION. The public official or employee
that arbitrarily and abusing its functions, prevents or
limits a person the legitimate exercise of other rights
recognized by the Constitution, should be punished with the
prison terms of one (1) to three (3) years and disqualification
special for employment or public office from five (5) to ten (10)

following:

years, unless the act is punished with a greater penalty in
1) Dissolves or suspends the activities of a

other provision of this Code.

legal association or prevents the celebration of its
SECTION II

meetings;
2) Prohibits, suspends or dissolves a peaceful assembly;

CRIMES AGAINST RELIGIOUS FREEDOM,
RELIGIOUS FEELINGS AND RESPECT
TO THE DECEASED.

3) Restricts or prevents the dissemination, communication or
circulation of ideas or opinions;

4) Enters an address or registers it, or intercepts
private correspondence, postal or any
other class, or telecommunications, outside the
cases allowed by law and mediating cause

ARTICLE 550.- OBSTACULIZATION OF THE
EXERCISE OF RELIGIOUS FREEDOM AND ITS
DEMONSTRATIONS. Must be punished with penalty
imprisonment from one (1) to three (3) years, who through
violence, intimidation or force in things, do some
of the following behaviors:

for crime. If the conduct occurs in the field
organized crime, prison sentences

1) Forces or prevents another from practicing, assisting or

they must be increased by two thirds (2/3);

participation in acts of worship, ceremonies or
rites of a religion; or,

5) Make interventions or personal searches outside
of the cases and the formalities established in the

2) It prevents or interrupts, without being legitimately

Law;

authorized, the acts, ceremonies or functions of
A religion.

6) Agree, practice or prolong any deprivation
freedom or solitary confinement of a detainee,

If the behaviors described in the previous paragraph were

prisoner or sentenced, with violation of the deadlines,

committed by a public official or employee abusing

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of its functions, it must also impose the penalty of

(4) years and a fine of one hundred (100) to five hundred (500) days in the

special disqualification for employment or public office of two

in the event that the purpose is to commit serious crimes, and with the

(2) to four (4) years.

penalty of rendering services of public utility and fine
from twenty-five (25) to fifty (50) days in the case of

ARTICLE 551.- OFFENSES TO FEELINGS

crimes not considered serious.

RELIGIOUS. He must be punished with the penalty of arrest
domiciliary from six (6) to nine (9) months or provision of

The rest of the participants in the illegal meeting or demonstration

public utility services or victims for five (5) months

must be punished with a prison sentence of one (1) to three

to one (1) year, who to offend religious sentiments

(3) years and a fine of one hundred (100) to two hundred (200) days, in the

of those who practice or profess a religion, perform acts

in the event that the purpose is to commit serious crimes, and with the

of outrage of objects intended for a cult rather than serving

penalty of rendering public utility services when

usually for their exercise or in religious ceremonies.
ARTICLE 552.- VIOLATION OF SEPULTURAS AND
DEFAMATION OF CORPSES . Who missing the
respect due to the memory of the dead, violates graves,

deal with crimes not considered serious.

The above penalties must be imposed without prejudice to those that
correspond for the specific crimes that may be committed.

graves, funeral urns or in any way profane a
human corpse or its remains, must be punished with the penalty of

ARTICLE 554.- ASSOCIATION TO DELINQUER. They are

imprisonment from six (6) months to one (1) year or rendering of servicesillicit associations constituted, whether permanently
public utility or victims for the same time as

or transitory, by two (2) or more people with the purpose of

the prison term lasts.

commit criminal offenses. They are also considered associations
SECTION III

CRIMES AGAINST OTHER RIGHTS

illicit those that after being legally constituted dedicate their
activity, in whole or in part to the commission of crimes.

FUNDAMENTAL
ARTICLE 553.- MEETINGS AND DEMONSTRATIONILLEGAL TIONS. They are illegal meetings or demonstrations
the following:

They are also considered illicit associations
those that even having as their object a lawful one, employ
as a permanent and defined strategy violent means,
intimidating or other illicit actions to achieve it.

1) Those that are convened with the express purpose of
commit crimes. For this assumption to apply is

The offense is considered to have been committed regardless of whether the

there is a need for planning of the alleged

association has been established abroad, provided that

crime; Y,

any act of criminal relevance is carried out in the territory
from Honduras.

2) Those to which its participants attend
carrying firearms, explosive devices or

The directors, promoters and financiers of the illicit association

other objects just as dangerous as the previous ones.

must be punished with prison terms of ten (10) to

For this assumption to occur, it is required that they be

fifteen (15) years and a fine of five hundred (500) to one thousand (1000) days.

the promoters or assistants those who carry the

The simple members of the association should be punished

weapons or objects, not people outside the meeting

with prison sentences of six (6) to ten (10) years and a fine

or manifestation.

from one hundred (100) to five hundred (500) days.
TITLE XXX

Those who promote, direct or chair the meetings or
manifestations referred to in the previous numerals,

CRIMES AGAINST THE SECURITY OF THE STATE
AND ITS TERRITORIAL INTEGRITY

must be punished with a prison sentence of two (2) to four

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CHAPTER I
CRIMES AGAINST THE NATION

If the perpetrators of the events described in the preceding paragraphs
have the status of officers of the Armed Forces
Hondurans, the National Police or other armed institutions

ARTICLE 555.- TREASON TO THE COUNTRY. The

of the State, the penalties must be imposed respectively

Honduran who executes acts that tend directly to

increased by one third (1/3).

undermine the territorial integrity of the republic, submit it
totally or partially to foreign domain, compromise its

ARTICLE 556.- INDUCTION TO ACTS OF AGGRESSION

sovereignty or attempt against the unity of the State, as well as whoever AGAINST THE NATION . The Honduran who induces a
performs any of the acts typified in the Constitution
foreign power to declare war on Honduras or pact
of the Republic as treason, should be punished

with her for the same purpose, must be punished with the penalties

with prison sentences of fifteen (15) to twenty (20) years and

imprisonment from fifteen (15) to twenty (20) years and disqualification

absolute disqualification for twice the duration of the

absolute for twice the time of the sentence.

imprisonment.
ARTICLE 557.- ATTACK ON BORDER SIGNS.
Hondurans who during an armed conflict with a

Who destroys, removes or mobilizes the milestones, buoys or signals

foreign country serve the enemy with or without weapons, they must be that mark national borders, must be punished with
punishable by imprisonment from ten (10) to fifteen (15)
prison sentences of three (3) to six (6) years and disqualification
years and absolute disqualification for twice as long as it lasts
absolute for twice the time of the sentence.
the prison sentence.
If the above act is carried out during a war with a State
As service to the enemy is understood, in addition to the war
direct, the supply or facilitation of funds, weapons,
vehicles, boats, aircraft, effects or ammunition

borderline or as a result of it, Honduras is involved in
some conflict, even if not warlike with a neighboring state,
penalties should be increased by one third (1/3).

of quartermaster or weapons, plans or information of
facilities of all kinds at the service of the defense of the country or
other direct or effective means to harass Honduras or
that favor the advancement of enemy weapons. Also
service to the enemy is understood as conduct directed
to prevent the national effort from reaching the aid
previous.

ARTICLE 558.- ILLEGAL LIFTING OF
FORTIFICATION PLANS OR OTHER WORKS.
Who without being duly authorized raises plans
of fortifications, barracks, buildings, land, ships,
aircraft, arsenals, roads or military works or installations
of all kinds destined to the defense of the country, must be

Those who convince Honduran troops to move to

punishable by imprisonment from three (3) to six (6) years

enemy ranks, or those who recruit people against Honduras

and absolute disqualification for twice the time of the

in time of campaign or war, they should be punished with the

sentence.

Same penalty as in the second paragraph of this article.
ARTICLE 559.- ILLEGAL DECLARATION OF
Hondurans who accept administrative positions

WAR OR PEACE. Members of the government who without

appointed by the enemy or Honduran officials

comply with the provisions of the Constitution of the Republic,

that those who already have under orders continue to exercise

declare war or sign peace, they must be punished

of the invader, should be punished with the prison sentences of

with prison sentences of fifteen (15) to twenty (20) years,

five (5) to ten (10) years and absolute disqualification during the

absolute disabling for twice the time of the

double the time of the sentence.

sentence.

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ARTICLE 560.- CRIMES THAT COMMIT

Whoever improperly procures or obtains secret information or

NEUTRALITY. Who performs some of the crimes

that affects the national police or security forces, which

provided for in the preceding precepts against an allied State

concern the means of defense or foreign relations

of Honduras in war or armed conflict, endangering

of the nation or related to the fight against drug trafficking or

the alliance or neutrality of Honduras or compromising

organized crime, must be punished with prison terms

somehow the march of military operations,
must incur the penalties that correspond to the articles

from five (5) to eight (8) years and absolute disqualification by the
twice the length of the prison sentence.

previous.
CHAPTER III
ARTICLE 561.-PUNITION OF ACTS

CRIMES AGAINST PEACE AND SECURITY
FOREIGN NATION

PREPARATORY. Conspiracy, proposition or
provocation to any of the crimes foreseen in the

SECTION I

previous articles, should be punished with the penalties

CRIMES AGAINST PEACE

corresponding reduced by one third (1/3).
ARTICLE 564.- INCITATION TO WAR OR TO
ARTICLE 562.- PENALTY FOR LOSS OF THE

REPRISAL. Who without any justification performs acts

CITIZENSHIP AND NATIONALITY. If the person

that may give rise to a military conflict with Honduras or

convicted of any of the crimes of the previous precepts

that Hondurans living in the State suffer reprisals

is a naturalized Honduran, it must also be imposed,

foreigner, whether in person or property, must be

loss of nationality. If it were Honduran

punishable by imprisonment from five (5) to eight (8)

original, he must be imposed the penalty of loss of the

years and absolute disqualification for twice as long as it lasts

citizenship for the duration of the prison sentence.

the prison sentence, if there were the breakdown of relations
diplomatic.

CHAPTER II
ESPIONAGE

If war is declared, the provisions of the
Article 556.

ARTICLE 563.- ESPIONAGE. Who without being
legitimately authorized and to favor a government
or foreign organization, discloses classified information
contained in physical or electronic files on inventory
weapons, number of troops, military equipment or
secret or top secret information related to defense
national plans or photographs of military installations or that

ARTICLE 565.- RECRUITMENT OF TROOPS,
USE OF THE NATIONAL TERRITORY AND
RECRUITMENT OF MERCENARIES. Who inside
recruits or compels civilians from the national territory,
prisoners of war or another person deprived of liberty, to
serve or be part of the troops in the service of a nation
foreign, whatever the object that is proposed or

are being used for military purposes, should be punished

uses the national territory to invade or harass another

with prison sentences of five (5) to ten (10) years and

nation, incurs prison sentences of seven (7) to twelve

absolute disqualification for twice the duration of the

(12) years and absolute disqualification for twice the time

prison.

let the prison last.

The above penalties must be increased by one quarter (1/4) if

Who uses, recruits, finances or trains mercenaries

the person in charge has known this information in the exercise

for activities aimed at breaking sovereignty, the

of their public functions.

political independence, the territorial integrity of the States
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and the self-determination of the peoples, must be punished with

The penalty of dissolution of the legal entity must be imposed

prison sentences from twenty (20) to thirty (30) years, fine

or a fine of five hundred (500) to one thousand (1000) days. In this last

from four hundred (400) to seven hundred (700) days and disqualificationadditionally, you can impose some of the
absolute for twice as long as the prison sentence lasts.
SECTION II

following sanctions:
1)

Suspension of specific activities in the
that the crime occurred, for a period that cannot

CRIMES AGAINST THE FOREIGN SECURITY OF

exceed five (5) years;

THE NATION
two)

Closure of the premises and establishments that

ARTICLE 566.- VIOLATION OF TREGUE OR AGREEMENT,

were used to carry out the crime, for a

SAFE CONDUCT OR TREATY. Who violates the truce

term that cannot exceed five (5) years;

agreed between Honduras and another State or between the forces
armed forces of both countries, violates the safe-conduct

3)

Prohibition of future activities

properly issued, or prevents or disrupts compliance

specific in whose exercise it was committed,

of a peace treaty with another state, should be punished with

favored or concealed the crime; or,

prison sentences of three (3) to six (6) years and disqualification
absolute for twice as long as the prison sentence lasts.
ARTICLE 567.- BREACH OF CONTRACTS
RELATED TO THE SECURITY OF THE NATION.
Who deliberately breaches contractual obligations
relative to the needs of the armed forces, finding
the nation at war, must be punished with prison terms
from five (5) to ten (10) years and absolute disqualification by the
twice as long as the prison sentence lasts, if it does not constitute

4)

Disqualification from obtaining grants and aid
public, to contract with the public sector and
to enjoy benefits and tax incentives or
of social security, for a period that cannot
exceed fifteen (15) years.
TITLE XXXI

CRIMES AGAINST PUBLIC ORDER
CHAPTER I
ATTACK, RESISTANCE AND DISOBEDIENCE

another more serious crime.
ARTICLE 570.- ATTACK. Whoever attacks the
If the breach is due to gross recklessness, it must be

authority, public officials or employees, intimidates them

punishable by imprisonment from two (2) to four (4) years

severely, does severe active resistance, or uses force

and absolute disqualification for twice the duration of the

against them, when they are in the exercise of the functions of

prison.

your position or as a consequence of it, should be punished

as the author of a crime of attack with prison sentences
ARTICLE 568.- SABOTAGE. Who damages facilities,

from one (1) to three (3) years and a fine of one hundred (100) to three hundred

buildings, roads, works or objects necessary or useful for the

(300) days.

national defense, with the purpose of harming the effort
warlike and finding the nation at war, must be punished

If in the above cases the attack is verified with

with prison sentences of five (5) to ten (10) years, if not

weapons, explosives or the guilty party taking advantage of the exercise

constitute a more serious crime.

of public functions, the penalties should be increased by
one third (1/3).

ARTICLE 569.-LIABILITY OF THE
LEGAL PERSONS. When according to

ARTICLE 571.- PUNITION OF ACTS

established in Article 102 of this Code a person

PREPARATORY. Conspiracy, proposition or

legal entity is responsible for the crimes included in this title,

provocation to a crime of attack should be punished in its

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case, with the corresponding penalty reduced by one third

public establishments, in educational centers or on the occasion of

(1/3).

the celebration of sporting or cultural events.

ARTICLE 572.- DISOBEDIENCE. Who without being

ARTICLE 575.- FIREARM SHOOTING.

included in the previous articles, disobey

Who in a town or in a crowded place shoots a gun

seriously to the authority, officials or public employees

fire or other instrument of similar potentiality, must

in the exercise of their functions, they should be punished with the

be punished with prison terms of six (6) months to a

prison sentences from six (6) months to two (2) years.

(1) year and suspension of the right to possess and carry
firearms for a period of three (3) to five (5) years.

CHAPTER II
PUBLIC DISORDERS

The penalties must be increased by two thirds (2/3) in the case
that the authors were civil servants or public employees.

ARTICLE 573.- PUBLIC DISORDERS. Who

ARTICLE 576.- TRAFFIC IMPEDIMENT

through violence or severe intimidation frightens a

TO RELIEF TEAMS OR TO CENTERS OF

population or part of it, should be punished with the penalty of

ASSISTANCE. Who during a meeting

or legal or illegal manifestation, prevent the transit to elements
imprisonment from one (1) to three (3) years. If a serious hazard is created
for the life, the health of the people or the heritage, the penalty
to be imposed must be increased by one third (1/3), except that
the facts are punished with a more serious penalty in other
provisions of this Code.

relief or public assistance or make it impossible to access
centers of the latter character, should be punished with the
imprisonment from six (6) months to two (2) years.
The above penalties must be imposed without prejudice to those that
correspond for the specific crimes that may be committed.

Who publicly broadcasts repeatedly news or
false rumors that frighten the population or part of it
and thus creates a serious danger to life, health
of people or property, must be punished with the penalty
imprisonment from one (1) to three (3) years, unless the facts are
punished with more serious penalties in other provisions of the

ARTICLE 577.- ABUSE OF CALLS FROM
EMERGENCY. Who requests the services of the System
National Emergency or other public services of
emergency, causing the activation of its resources without
there is reason for it, should be punished with the penalties of
house arrest or imprisonment of one (1) to two (2) years and a fine

this Code.

from one hundred (100) to two hundred (200) days.

ARTICLE 574.- DISTURBANCE OF ORDER .

ARTICLE 578.- CONSTRUCTION OR FACILITATION

Those who act in a group disturb public order

OF LANDING RUNWAYS. Who without authorization,

causing injury to people, causing damage or

builds, has built or allows to be built or facilitates

encroaching on serious premises with violence or intimidation

the construction or use of runways, landing sites or berths,

or buildings, should be punished with the prison sentences of

to be used in human trafficking, drug trafficking or

one (1) to three (3) years and a fine of one hundred (100) to two hundred precursors,
(200)
trafficking in arms, ammunition, explosives or their
days, without prejudice to the penalties that correspond to the other

components, trafficking in cultural property or money laundering,

crimes committed on the occasion of the disturbance.

must be punished with the prison terms of eight (8) to twelve
(12) years, a fine of three hundred (300) to six hundred (600) days

They must be punished with the penalty of fine provided in the

and permanent location for up to five (5) years.

previous paragraph who seriously disturb the order in
a competent Jurisdictional Body, in public events

ARTICLE 579.- INTRODUCTION OF OBJECTS

own of any authority or corporation, in office or

PROHIBITED. The one who illegally introduces, tries
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to introduce or allow another to introduce in centers

two)

From ten (10) to twelve (12) years and location

penitentiaries, penal farms, preventive centers or in the

permanent up to five (5) years, in the case of

detention centers for children, prohibited objects in

prohibited firearms.

IT and telecommunications matters that allow
the emission and reception of data by means of voice, data or

If the deposit were of ammunition, the penalties should

images, must be punished with the penalty of three (3) to five (5)

decrease in their respective cases by one third (1/3).

years in prison and a fine of five hundred (500) to one thousand (1000) days.
Who without authorization, owns an explosives depot, must
If the behaviors described in the previous paragraph are committed
by civil servant or public employee, it must also be imposed,
the penalty of absolute disqualification for twice the time
the prison term lasts.

be punished with prison terms of ten (10) to fifteen
(15) years and permanent location of up to ten (10) years.
For the purposes of this provision, it is considered a deposit of weapons
fire the gathering of more than ten (10) weapons. Respect

CHAPTER III
INTRODUCTION OF PROHIBITED OBJECTS,
ILLEGAL POSSESSION OF WEAPONS, EXPLOSIVES AND
Ammunition

of ammunition and explosives, the Jurisdictional Body
competent, taking into account the quantity and class of
themselves, you must declare if they constitute a deposit for the purposes
of this precept.

ARTICLE 580.- ILLEGAL POSSESSION OR CARRYING
FIREARMS. Possession of firearms or
ammunition lacking the necessary licenses or permits
should be punished with the following penalties:
1)

From one (1) to four (4) years and location
permanent up to two (2) years, in the case of
weapons or ammunition allowed; Y,

ARTICLE 582.- ILLICIT MANUFACTURING AND TRAFFICKING
OF WEAPONS, AMMUNITION OR EXPLOSIVES. Who without
Authorization manufactures, crafts, repairs, manipulates,
modifies, trades, transports, imports or exports weapons of
fire, ammunition, explosives, their parts, components or
material, should be punished with prison terms of
eight (8) to twelve (12) years, fine of one thousand (1000) to (2000) days

two)

From four (4) to six (6) years and location

and permanent location for up to ten (10) years.

permanent for up to three (3) years, in the case of
prohibited weapons or ammunition.

ARTICLE 583.- FACILITATION OF WEAPONS TO

With the same penalties provided in number 1)

THIRD PARTIES. Who outside the cases allowed by Law

the possession of artisanal weapons is punished.

facilitates or transfers weapons, ammunition or explosives to minors
old or disabled person, should be punished with

The prison sentence is increased by one third (1/3)

prison terms from three (3) to five (5) years and location

whoever carries the above firearms or

permanent for up to one (1) year.

ammunition without authorization.
ARTICLE 584.- SPECIFIC AGGRAVATIVES. The
ARTICLE 581.- DEPOSIT OF FIREARMS,

The penalties provided for in this chapter are increased by up to one

AMMUNITION OR EXPLOSIVES. Who without authorization,

third (1/3) in the following cases:

owns a firearms warehouse should be punished with
the following penalties:

1)

The facts are committed at the level of a group
organized criminal;

1)

From eight (8) to twelve (12) years and location
permanent up to five (5) years, in the case of

two)

The conduct has been carried out by an official or

firearms of permitted use; Y,

public employee or whoever in general represents

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CHAPTER IV

public interests related to some of the

COMMON PROVISIONS

Planned activities;
3) It is provided to minors or mentally ill
access to weapons, ammunition or explosives;

ARTICLE 586.- PENALTIES WITHDRAWAL OF RIGHTS.
In all the cases provided for in chapters II and III of

4)

Possession of weapons, ammunition or explosives

this title and together with the penalties respectively established,

illicit activities that have great potential for

the special disqualification must be imposed for twice the amount

Cause damage;

time of the sentence, for the exercise of the profession, trade,
trade or industry related conduct.

5)

Weapon, ammunition, or explosives have been tampered with
in such a way as to increase the potential for

If the crime is committed by a public official or employee

cause harm; or,

with abuse of their functions should be imposed, in the same
conditions that in the previous case, the penalty of disqualification

The carrying of weapons or explosives is carried out in placesabsolute for twice the time of the sentence.

6)

or public events or in circumstances that do
particularly dangerous.

If the crime is committed using weapons, it must also be
deprive the offender of the right to own and carry

ARTICLE 585.- SPECIFIC ATTENUANTS. The

weapons as well as the possibility of obtaining it until

Competent Jurisdictional Body can mitigate in a

the prison sentence has been completely extinguished.

third (1/3) the penalties indicated in the previous articles,
provided that the culprit collaborates with the authorities of the

TITLE XXXII

following way:

TERRORISM

1)

Confess the criminal activities in which you have

ARTICLE 587.- TERRORIST ASSOCIATION.

participated and carry out, directly or indirectly, the

Terrorist associations are those constituted in such a way

consequent provision of evidence;

permanent or transitory, by two (2) or more people to
commit a crime, with any of the following purposes:

two)

Prevent the carrying out of crimes or mitigate their
effects or to provide or obtain evidence from others

1)

Seriously subvert the constitutional order; or,

two)

Cause a state of terror in the population or

already committed;

3)

part of her.

The identification, prosecution and prosecution of
responsible for the commission of criminal acts; or,

They are also considered terrorist associations
4)

Develop activities aimed at depriving

those that, even having as a constitutive object a legal one,

the criminal organization of means and resources

carry out, in whole or in part, the behaviors to which it refers

predisposed to contribute to their criminal activity

the previous paragraph.

or of the benefits obtained with it.
The offense is considered to have been committed regardless of whether the
Possession and carrying of firearms with permission

association has been established abroad, provided that

expired, constitutes an administrative offense that is regulated in

any act of criminal relevance is carried out in the territory

the Arms Law.

from Honduras.
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The directors, promoters and financiers of the association

the one foreseen in the corresponding precept. If it's about

must be punished with imprisonment terms of fifteen (15)

crimes of possession, bearing or deposit of weapons, ammunition

to twenty (20) years and a fine of one thousand (1000) to two thousand (2000)
or explosives,
days. the penalty must be increased by two thirds (2/3).
The simple members of the terrorist association must be
punishable by imprisonment from ten (10) to fifteen (15)

ARTICLE 590.- SPECIFIC ATTENUANTS. I know

years and a fine of five hundred (500) to one thousand (1000) days.

can reduce the penalty for terrorism offenses up to
in two thirds (2/3) if any of the behaviors are executed

Financiers are those who in any way

following:

contribute or help contribute, by themselves or by person
1)

interposed, to the financing of terrorist associations.

Confession of criminal activities in
who has participated and carried out, directly or

These penalties should be imposed independently of those that

indirectly from the consequent contribution of

correspond to the specific criminal acts carried out

tests;

by the members of the terrorist association, carried out
two)

with the purposes mentioned in the previous paragraphs

Collaboration with the authorities to prevent
carrying out terrorist crimes or mitigating their

of this article.

effects, or to provide or obtain evidence from others
already committed;

ARTICLE 588.- COLLABORATION WITHOUT MEMBERSHIP
TO THE TERRORIST ASSOCIATION. Who outside the
cases contemplated in the previous article, collaborates with

3)

Collaboration with the authorities for the

a terrorist association providing information

identification, prosecution and prosecution of

about people, events, goods or facilities, putting to

responsible for the commission of terrorist acts;

disposition of the association or its movable members,
real estate, facilitating the transfer, shelter or concealment

4)

Development of activities aimed at depriving

of people, all kinds of materials belonging,

to the criminal organization of means and resources

related or destined to the association or providing

predisposed to contribute to their criminal

technological services of any kind, should be punished

activity or the benefits obtained from it; or,

with prison sentences of five (5) to ten (10) years and a fine
from five hundred (500) to one thousand (1000) days, unless by your

5)

Decisive contribution to disarticulation

participation in a specific crime deserves greater sanction.

of the terrorist association, through communication
to the authorities of any information

If the acts of collaboration are carried out by an official

relevant.

or public employee or run for price, reward or
remuneration promise, the prison sentence must be eight (8)

ARTICLE 591.- ATTENDANCE TO FIELDS OF

to twelve (12) years, which must be imposed regardless of

TRAINING. Who attends camps or training sessions

the one that may correspond to him for the commission of other illicit acts.
training for the purpose of receiving indoctrination or
training for the commission of terrorist crimes, must be
ARTICLE 589.- CRIMES OF TERRORISM IN

punishable by imprisonment from five (5) to seven (7) years

PARTICULAR. All serious crimes committed with

and a fine of five hundred (500) to one thousand (1000) days.

terrorist purpose and in any case personal injury
carried out for this purpose are considered

With the same penalties increased by one third (1/3)

crimes of terrorism for the purposes of this chapter and must

those who provide the training or

be punished with the penalty increased by one third (1/3) to

indoctrination referred to in the preceding paragraph.

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ARTICLE 592.- CYBER-TERRORISM OR

crimes of the same nature as those provided for in this

ELECTRONIC TERRORISM. Who for any

chapter, produces the effects of recidivism, except that

means or procedure and without authorization, access a system

criminal records have been expunged or had

computer of the State Public Administration or that

could have been under Honduran law.

provides state services, prevents access to it
or alters, changes, or damages data in the content, with the intention

ARTICLE 596.- LIABILITY OF THE

to prevent the proper functioning of a service or to

LEGAL PERSONS . When according to

cause terror or fear in the population, must be punished with

established in Article 102 of this Code a person

prison sentences of four (4) to six (6) years and a fine of

is responsible for a crime of terrorism, it is owed

three hundred (300) to one thousand (1000) days.

impose the penalty of dissolution of the legal entity, although
is the first offense of this nature and a fine of

The penalties in the preceding paragraph must be increased by one

one thousand (1,000) to three thousand (3,000) days.

third (1/3) in the following cases:
BOOK III
1)

REGULATION OF FOULS

When some kind of condition is set to
change to cease illicit conduct; or,

TITLE I
two)

GENERAL DISPOSITION

When the above behaviors are carried out
carried out against critical infrastructures or services
essential to the community or serious harm is caused

ARTICLE 597.- GENERAL PROVISIONS

economic.

APPLICABLE TO FOULS . They are applicable to fouls
the provisions contained in Book I of this Code

ARTICLE 593.- PUNITION OF ACTS

with the following features:

PREPARATORY. Conspiracy, proposition or
provocation to commit the crimes listed in the present

Only offenses committed in the territory are punishable

chapter should be punished with the same penalty, as the

national. Only consummated offenses will be punished. Of the

corresponds in each case to authorship, reduced by one third

Only the authors respond. For the determination of

(1/3).

the penalties provided for misdemeanors, the Jurisdictional Body
competent authority will act according to its prudent discretion, within the

ARTICLE 594.- PENALTIES WITHDRAWAL OF RIGHTS.

limits of those, without being subject to the rules established in

The penalty of special disqualification for office must be imposed

Book I of this Code.

or public office, profession or office of up to fifteen (15) years,
to those who use the exercise of these for the execution

In the offenses that can be prosecuted at the request of the aggrieved person or his

of the crime.

legal representative, the forgiveness of the offended will extinguish the action
criminal or penalty imposed, without prejudice to the provisions of the

When the crime was carried out by an official or

Article 109 of this Code.

public employee in the exercise of his functions, the penalty of
prison must be increased by one third (1/3). In this case

TITLE II

the penalty of absolute disqualification must also be imposed

FOULS AGAINST PEOPLE

from fifteen (15) to twenty (20) years.
ARTICLE 598.- INJURIES DUE TO IMPRUDENCE
ARTICLE 595.- INTERNATIONAL REINCIDENCE.

MILD. Who by slight recklessness causes an injury

The conviction of a foreign Jurisdictional Body for

constituting a crime, must be punished by imprisonment
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from one (1) to three (3) months or a fine of thirty (30) to ninety

telecommunications, if the value of the stolen

and nine (99) days.

exceeds Five Thousand Lempiras (L5,000);

If the injury is caused by means of a motor vehicle or

two)

Who with a profit motive, appropriates someone else's thing

a weapon must be imposed, in addition, the penalty of deprivation of

lost or no known owner of no greater value

corresponding license for a period of up to one (1) year.

to Five Thousand Lempiras (L5,000);

ARTICLE 599.- MINOR INJURIES AND ABUSE OF

3) Who, without the intention of appropriating it, steals a

WORK . Who by any means or procedure causes

foreign motor vehicle if its value does not exceed

another an injury not constituting a crime, should be punished

of Cinco Mil Lempiras (L5,000). If used

with a prison sentence of three (3) to five (5) months or a fine

for their abduction, violence or intimidation in

from fifty (50) to ninety-nine (99) days.

people, it will be punished, in any case, as a crime
of violent or intimidating robbery.

Whoever hits or mistreats another without causing injury,
must be punished with imprisonment from one (1) to three (3)

ARTICLE 603.- LACK OF DAMAGES. Who

months or a fine of thirty (30) to ninety (90) days.

intentionally causes damage the amount of which does not exceed
five thousand (L5,000) lempiras, must be punished with a penalty of

ARTICLE 600.- THREATS, COACTIONS,

fine for an amount equal to or up to double the damage caused.

INJURIES AND MILD BLESSINGS. Who carry out
threats, coercion, insults or unjust harassment of

The same penalty should be imposed on anyone who damages property

mild character, if the fact does not constitute a crime, they must

real estate without the proper authorization of its owners, and

be punished with a fine of thirty (30) to sixty

provided that the conduct does not constitute a crime.

(60 days.
In the above cases, if the ownership of the goods is public
Anyone who threatens another should be punished with the same penalty or it is about goods destined to a public service even of
private ownership, the fine will be increased by one
with a weapon or takes it out in a fight, unless it is in fair defense.
third (1/3).
ARTICLE 601.- PROCEDIBILITY. To proceed by
the illicit collected in the previous articles is necessary
complaint of the aggrieved person or his legal representative.

ARTICLE 604.- ENTRY INTO HERITAGE OR FIELD
FOREIGNERS. He must be punished with a prison sentence of two (2)
to four (4) months who, without consent, executes any

TITLE III

of the following behaviors:

FOULS AGAINST HERITAGE

ARTICLE 602.- LACK OF POWER,

1)

He enters a foreign land or field to gather fruits;

two)

Go fishing or hunting in a closed farm or field

DEFRAUD AND APPROPRIATION. Must be punished

forbidden to others;

with a prison sentence of one (1) to five (5) months or a fine
for an amount equal to or up to double the amount withdrawn,

3)

Enter your cattle in a forbidden farm or field

defrauded or appropriate who executes any of the behaviors

others, if it causes any non-constitutive damage

following:

crime; or,

1)

Who commits theft, fraud, appropriation

4)

undue or fraud of energies, fluids or
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Enters a fenced off property if the
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TITLE IV
OFFENSES AGAINST THE GENERAL INTERESTS AND

functions, must be punished with a fine of twenty
(20) to sixty (60) days.

POPULATION REGIME
ADDITIONAL PROVISIONS
ARTICLE 605.- NON-CONSTITUTIVE SMUGGLING
OF CRIME . Smuggling offenses that do not

ARTICLE 611.- CHILDREN, PEOPLE WITH

constitute a crime for possessing the object of the conduct a

DISABLED, ABANDONED OR AT RISK

value less than fifty thousand (L50,000) lempiras, must be

SOCIAL. When the governmental authority has knowledge

punishable by a fine of sixty (60) to ninety

of the existence of a minor under eighteen (18) years of age

and nine (99) days.

or of an incapacitated person who is the victim of a sexual crime, be it or

ARTICLE 606.- WASTE BURNING OR
VEGETABLE PRODUCTS. Who breaks the regulations
or ordinances on burning of waste or of goods or products
forest or vegetable, should be punished, if the conduct does not

not by his will, but with the consent of the people who
over him exercise family, ethical-social or de facto authority,
that it lacks them or they have it in abandonment and do not
are in charge of its custody, it will immediately notify the

is constitutive of a crime, with the penalty of a fine of fifty

competent authority in matters of Childhood, Adolescence and

(50) to ninety-nine (99) days.

Family as well as the Public Ministry (MP) to act
in accordance with their respective competencies.

ARTICLE 607.- ABANDONMENT OF OBJECTS
DANGEROUS. Who abandons objects or instruments
dangerous, so that they could cause harm to people
or spread diseases or in places frequented by children
minors, should be punished, if the conduct is not
constitutive of a crime, with prison sentences of three (3) to

In cases where the Competent Jurisdictional Body
agree to the special disqualification for the exercise of the
parental authority, guardianship, guardianship or curatorship, will communicate it
immediately to the competent authority in matters of Children,
Adolescence and Family as well as the Public Ministry (MP)

six (6) months.

to act in accordance with their respective competencies.
ARTICLE 608.- RELEASE OF ANIMALS
FEROCUS OR HARMFUL. The owners or managers of the

ARTICLE 612.- ASSUMPTIONS OF ATTIPICITY

custody of vicious or harmful animals that leave them on the loose

IN CRIMES RELATED TO DRUGS AND

or in a position to cause harm, should be punished with the

MEDICAL DEVICES. It is not understood typical to

imprisonment from two (2) to four (4) months or a fine of thirty

effects of articles 298 and following of this Code,

(30) to sixty (60) days.

conduct, referring to medications, drugs or products
TITLE V

OFENSES AGAINST PUBLIC ORDER
ARTICLE 609.- ALTERATION OF THE ORDER

sanitary, from whom, having obtained at the time
the corresponding authorizations, they have not obtained
the renewal of the same for being in process
administrative the corresponding file, provided that

PUBLIC. Those who slightly disturb the order of a

This is for causes attributed to the competent Administration

Court or holding public events, shows

for said renewal.

sports or cultural events or large gatherings, should be
punishable by a fine of twenty (20) to forty

ARTICLE 613.- EXCEPTION TO THE CRIMES OF

(40) days.

USURPATION . It is not considered usurpation and therefore
there is no criminal action for this crime, the occupation of

ARTICLE 610.- MILD DISOBEDIENCE . Who

lands when claims have been previously filed

slightly disobey legitimate orders issued by

civil or administrative corresponding in relation to

an authority or public official in the exercise of their

ancestral titles or human settlements, except in the
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cases of law fraud. In these cases, the Body

with the application of the complete norms of the legislation

Court jurisdiction is limited to order the adoption of

repealed and from which it enters into force. In this sense it is not

containment measures both and only to prevent the conflict

admissible as most beneficial the application fragmenting

could endanger the life or health of people,

the two (2) standards, taking into account one of them that

as to prevent an abusive use of the target lands

consider that it favors you and rejecting what it harms.

of the litigation that involves or may involve, serious deterioration or
essential transformation of these. The limitation of use

To carry out the valuation, the provisions are taken into account

of the lands may occur while resolution falls on

corresponding considered exhaustively and not by the

civil or administrative areas, does not give rise to claim

exercise of judicial discretion.

indemnification by none of the parties.
The comparison must be made specifically taking into account
The legitimate exercise of the right of communities and peoples

consideration of all concurrent circumstances and in

indigenous peoples to the conservation and use of natural sources of water,
In particular, the different prison benefits that exist
It is not considered a diversion, obstruction or impediment to

in both legislation.

effects of the crime of usurpation of water. The conflicts that

In the case of custodial sentences, it is not considered that

that may arise with the use of water must be channeled through

this Code is more favorable when the previous penalty

the civil route.

imposed on the fact, with all its circumstances, were also
taxable in accordance with this Penal Code. Excepted

TRANSITORY DISPOSITIONS

the cases in which this Code contains for the
same fact the provision of an alternative non-exclusive penalty

ARTICLE 614 .- official review . The judges
Execution must review all the judgments ex officio

freedom, because in this case you have to proceed to the review
of grief.

convictions, according to the rules provided in the
If the imposition of the penalty depended on a piece of information that does not work

following articles.

in the proceedings, the corresponding opinion is requested to
ARTICLE 615 .- retroactivity of the law

that the competent Jurisdictional Body can determine the
Amount of the new penalty that will have to replace the previous one. Yes
MOST FAVORABLE PENALTY. The crimes and misdemeanors committed
the opinion will not be conclusive and it will be a penalty
until the date of entry into force of this Code

of proportional fine, to calculate the corresponding

they are judged according to the penal norms that are repealed,

in this Code the provisions of Article

except if the provisions of this Code are more

54 of this one.

favorable taken as a whole, in which case they apply
In the event of an ideal crime contest, a

these.

global comparison of the resulting penalties applying the
If, in accordance with this Code, the acts that are being

different legislations, therefore, it is not possible to qualify

judging or on whom no sentence has been passed, no

crimes according to the legislation that is repealed and others with

constitute a crime or misdemeanor, the competent Jurisdictional Body

in accordance with this Code. Only in the event that

a definitive dismissal will be issued or the penalty imposed will not be

has decriminalized one of the constitutive behaviors of the

will run.

contest, the comparison is made taking into account the penalty
that corresponds to the conduct that continues to be criminal

ARTICLE 616.- CRITERIA TO DETERMINE

in both legislation.

THE MOST FAVORABLE LAW. To determine what the
More favorable law will compare the penalty that could have been

If it were a medial contest and while that

correspond to the specific fact subject to prosecution,

bankruptcy form has been suppressed in this Code, the

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comparison is made between the overall penalty imposed in the

ARTICLE 619.- PENALTIES OF FINE. Will not be reviewed

the sentences in which, according to the repealed Penal Code
judgment subject to review and the one that would result from applying the
real competition in accordance with the new Law.

and this Code, corresponds exclusively to penalty of
penalty fee; exceptionally, the fine penalty will be reviewed if not

The same rule is observed in the case of a continuing crime.

had been paid and provided that in its specific amount and in
an abstract consideration was not in any case taxable

In the case of a real contest in which the

in accordance with the new legislation.

compliance limitation to thirty (30) years the comparison
It has to be done globally and exclusively attending
whether the sum of the sentences imposed in the sentence exceeds or
not the said limit; only if any of the behaviors that
constituted in the contest has been decriminalized and

ARTICLE 620.- PENALTIES WITHDRAWAL OF RIGHTS.
The absolute and special disqualification penalties are compared
taking into account the duration of the sentence imposed and the

maximum possible in accordance with this Code.
with those that remain, the aforementioned limitation will not be reached,
proceeds to the individual comparison of the penalties that may have
corresponded in both legislation.

In the event that the appropriate thing is to apply the rule more
beneficial limitation of compliance, incorporated into the
this Code, which consists of three times the time of the sentence
more serious for which the subject was convicted without being
reach thirty (30) years, they must be compared
the penalties that may have corresponded to the different
crimes to determine what is in the best interest of the inmate.

ARTICLE 621.- DEPRIVATION OF FREEDOM PENALTIES
IN ACTION. Notwithstanding the provisions of Article 615
of this Code, the Directors of the Establishments
penitentiaries must send as soon as possible from
the moment of publication of this Code
Criminal and although it has not yet entered into force, to the Body
Jurisdictional competent in the execution of penalties, relationship
detailed information on the inmates and provisional liquidation of the
penalty in execution, in accordance with current legislation.

In all cases in which, at the discretion of the Body
Jurisdictional competent appropriate revision of the sentence is

Received if it was by the competent Jurisdictional Body

the previous relationship, they will request the Public Ministry (MP),
it is inexcusable to hear the condemned; therefore, it is not in the assumption
in which the previous legislation is considered to be more

the convicted person and the defense that he had in the Oral Trial,

beneficial, in which case you can directly dictate Auto

report on the possible revision of the sentence according to

declaring the inadmissibility of the review. However and still

what is more favorable to the convicted person.

on this last occasion, the competent Jurisdictional Body
it can, if it considers it, give a hearing to the convicted person.

In those cases where the maximum duration of the sentence
provided for in this Code for the offense in question

ARTICLE 617.- JOINT PENALTIES. When it comes to

is less than the time that they have actually fulfilled the

joint penalties imposed for the same acts, there is no

sentenced, the Execution Judge, once he has entered

the revision of one of them leaving the others subsisting.

This Penal Code is in force, terminates the
penalty and orders the immediate release if it involves

ARTICLE 618.- SUSPENDED PENALTIES. If he

penalties that affect it.

execution of the sentence is suspended, it does not proceed
to his review, unless the prisoner violated the conditions

The conviction is not reviewed, however, in

suspension and it is revoked. In this case and before

those cases in which the sentence specifically imposed

proceed to the effective fulfillment of the suspended sentence,

belongs to the criminal framework of the penalty provided for in the present

proceed to review it. The same rule is observed

Code, although the maximum of the abstract penalty provided by

if the convict is on probation.

the legislation that is repealed exceeds this.
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ARTICLE 622.- EXECUTED PENALTIES,

1)

The Gazette

Whether it is an appeal or a

PENDING PRONOUNCEMENTS OF

cassation the parties can invoke when formalizing it

EXECUTION, RECURRENCE AND REPLACEMENT. I dont know

the precepts of this Code, when they result

will review the sentences already executed completely without prejudice

more favorable to the inmate;

that the competent Jurisdictional Body that in the future

two)

Although the parties have already formalized the

could take them into account for recidivism purposes, should

appeal and if it had not yet been substantiated,

examine them previously to check whether the fact

can present a supplementary writing invoking

that was the subject of the conviction has ceased to be a crime, as

if favorable, the new legislation; Y,

if he could have received a lesser penalty under the
this Code.
In relation to previous convictions for crimes that by virtue of
of the modifications of amounts have been converted
in offenses, such antecedents are appreciable for the purposes of
recidivism.

3) In any case, the competent Jurisdictional Body
will take into account, ex officio, the new legislation of
be more favorable to the condemned.

ARTICLE 625.- SECURITY MEASURES. The
security measures that are running or pending
Nor will the penalty be reviewed in those cases in which the
term of its fulfillment is foreseen prior to

execution, must be reviewed in accordance with the
provided in Title V of Book I of this Code.

the entry into force of this Code.
When the maximum duration of the security measure
In cases where the sentence is executed even if there are

provided for in this Code is less than the time

some other rulings pending, either

have actually complied with those submitted to it, the

the penalty will be reviewed.

Execution Judge terminates said compliance and
in the case of an internment measure, it orders

The penalty will not be reviewed when, in the case of foreigners, the

his immediate release.

penalty has been replaced by expulsion from the national territory.
ARTICLE 626.- CIVIL LIABILITY. On
the case that the corresponding conduct has been
ARTICLE 623.- VALUATION CRITERIA OF
SEVERITY IN THE PENALTY OF PENALTY. In the cases in

decriminalized, the review of the conviction proceeds, however
which the pronouncements referring to the responsibility

that the penalty that may correspond for the application of the

civil must be executed without being affected by the

this Code outside the fine, it will be considered, to assess

decriminalization.

its comparative gravity, that every minimum wage of any
whatever its amount is equivalent to ten (10) days fine.

ARTICLE 627.- PERSECUIBILITY. The modification
of the procedural requirements does not affect the facts

If the fine were for a fixed amount, the valuation is limited

already sentenced. If the procedure is in progress and you have not

to a mere quantitative comparison of the one and the other, and the

reached a sentence and in those cases in which it is

The same rule applies in the case of a proportional fine.

requires action of the injured party by the crime, it will be required to
this one to act, if it does not do so, a dismissal will be issued

ARTICLE 624.- PENDING JUDGMENTS

definitive.

RESOURCE. In the sentences handed down in accordance with the
legislation that is repealed and that they are not firm because they are

ARTICLE 628.- PRESCRIPTION. The prescription

pending appeal, the following rules apply:

will have to be valued as a whole, not being possible to take into

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account of the penalty indicated in the Law that is repealed and the deadlines 6)

Articles 16-30 and 41 of the Law on Use

regulations provided for in this Code, or vice versa.

Misconduct and Illicit Traffic in Drugs and Substances
Psychotropic, approved in Decree No. 126-89, of
dated September 5, 1989.

ARTICLE 629.- RESOURCES. Against the resolutions that
are issued regarding the review of convictions,
will fit the same resources that proceeded against the

7)

Article 52 of the Law Against Trafficking in
People, approved in Decree No. 59-2012, of

revised convictions. The challenge will be

dated April 25, 2012.

to limit itself to the debate on the revised aspects, although
the appeal based on the lack of hearing will be admissible

8)

Articles 8 and 9 of the Law on Donation and

to the condemned in the assumptions that proceed.

Transplantation of Anatomical Organs in Beings
Humans, approved in Decree No. 329-2013, of
dated January 17, 2014.

ARTICLE 630.- SUBSTITUTION OF PENALTIES. The sorrow
of imprisonment provided for by the current criminal law, up to

9)

Articles 3-15 of the Law Against Financing

the entry into force of this Code must be understood

to Terrorism, approved in Decree No. 241-2010,

replaced by that of prison.

dated November 18, 2010.
10) Article 95 of the Law for the Protection of

ARTICLE 631.- WEEKEND DETENTION.

Consumer, approved in Decree No. 24-2008,

The application of the weekend detention sentence

dated April 1, 2008.

remains on hold until there are no

11) Articles 47-51 of the Law on Intervention of

adequate establishments for its proper execution.

Private Communications approved in Decree
No. 243-2011, dated December 8, 2011.

ARTICLE 632.- REPEAL PROVISIONS.
The following articles are repealed:
1)

12) Article 21 of the Code of Children and

Article 32 of the Protection and Welfare Law

Adolescence, approved in Decree No. 73-96, of

Animal, approved in Decree No. 115-2015, of

dated May 30, 1996.

dated October 20, 2015.
13) Article 21 of the Law of the National System of
two)

Articles 167 last paragraph and 168-192 of

Emergency (911), approved in Decree No. 58-

the Forestry Law, Protected Areas and Wildlife,

2015, dated May 21, 2015.

approved in Decree No. 98-2007, dated 19
December 2007.

14) Article 7 of the Law of Limitation of Services
Telecommunications in Penitentiary Centers,

3)

4)

Articles 91-95 of the General Law of the

Criminal Farms and Detention Centers for

Environment, approved in Decree No. 104-93, of

Minors at the National Level, approved in Decree

dated May 27, 1993.

No.43-2015, dated April 22, 2015.

Article 63 of the Organic Law of the Court

15) Articles 209, 210, 212 and 213 of the Law

Superior of Accounts, approved in Decree No. 10-

Electoral and Political Organizations,

2002-E, dated November 5, 2002.

approved in Decree No. 44-2004, dated 1
April 2004.

5)

Articles 35 to 43 of the Special Law Against
Money Laundering, approved in Decree No. 144-

16) Article 24 of the Law on Payment Systems and
Settlement of Securities, approved by Decree

2014, dated January 13, 2015.

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No. 46-2015, dated April 29, 2015.

in all cases where it is appropriate. However, you may
refrain from exercising the criminal action in whole or in part,

17) The first paragraph of Article 69 of the Law on
Financial System, approved by Decree No. 1292004, dated September 21, 2004.

limit it to any of the infractions or to any of the
accused, in the following cases:
1. When the penalty applicable to the crime is light or less
serious, the impact on the public interest is minimal

18) The second paragraph of Article 7 of the Law on
Credit Cards, approved by Decree No. 106-

and, of the antecedents and personal circumstances

2006, dated August 31, 2006.

from the accused, their lack of danger is inferred;

19) Articles 238 to 240 of the Spanish Market Law

2. When the accused ...;

Securities, approved by Decree No. 8-2001, dated
February 20, 2001.
3. When the accused ...;
20) The third paragraph of Article 26 of the Law on
Central Bank of Honduras, approved by Decree

4. When the penalty…; Y,

No. 53-1950, dated February 3, 1950.
21) Article 5 of the Law of the Military Police of the
Public Order, approved by Decree No. 1682013, dated August 22, 2013.
22) The last paragraph of Article 167 of the Code

5. When it comes to ...

In the cases…

If…"

Tax, approved by Decree No. 170-2016,
dated December 15, 2016.

"ARTICLE 36.- Conditional Suspension of the
Criminal prosecution. The Judge, at the request of the Public Ministry,

23) Any other rule that is incompatible with
the provisions of this Code.
FINAL PROVISIONS

may authorize the suspension of the criminal prosecution when
the following circumstances concur:

1. That the penalty applicable to the crime is less than five
(5 years;

ARTICLE 633.- AMENDMENTS TO THE PROCEDURAL CODE

2. That the accused ...; Y,

PENAL. Amend articles 28 numeral 1), 36 numeral
1), 45 first paragraph, 334 first paragraph, 336 number 3)

3. That nature ...

and add number 4), 344 second paragraph, 432 paragraph
first and add a new Article 336-A of the Decree

In the expected situation ...

No. 9-99 E dated December 19, 1999 containing the
Criminal Procedure Code, which from now on must

The request of the Public Ministry must contain:

read as follows:
1. The data…;
“ARTICLE 28.- Cases in Which Proceed . The ministry
The public will have the obligation to exercise public criminal action
138

2. The crime…;

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The precepts…;

conclusions can request the application of the suspension
of the ruling and the regulatory measures of freedom to be

3. The reasons…; Y,

imposed on the accused in accordance with the provisions of the
Article 86 of the Penal Code.

4. The rules ...
During…
The Public Ministry ...
Application…

The prosecutor…

If revoked ... "

President…

“ARTICLE 45.- Conciliation. In the misdemeanors, in the crimes

If the Prosecutor ...

of private action and in those of dependent public action

The victim…

of particular instance, as long as the maximum limit
of any of the main penalties applicable to the crime

Finally…"

committed is less than five (5) years, the conciliation proceeds
between victim and accused at any time before
of the opening to trial.

In those cases…

When it occurs ...

"ARTICLE 336.- Norms for Deliberation and
Vote. The court…

The Sentencing Court will deliberate and vote on all
the issues debated in the first phase of the oral trial,
in the following order:

However…
1. Relative…;
If the accused ...
2. Relative…;
In case of…
The Jurisdictional Body ...

3. Those relating to the request for the suspension of the judgment
and the regulatory measures of liberty; Y,

Nevertheless…"
4. Where appropriate, the minimum and maximum of the penalty
applicable.
“ARTICLE 334.- Final Discussion and Closing of the Debate.
Once the evidence has been received, the President grants

The decisions…"

successively the word to the Prosecutor, the Private Accuser and the
Defender, so that they can express their conclusions in that order.

“ ARTICLE 344.- Of the Sentence Conviction. The

Either party at the time of finalizing their

guilty verdict…
TO. 139

Page 140

Section A Agreements and Laws

The Gazette

REPUBLIC OF HONDURAS - TEGUCIGALPA, MDC, MAY 10, 2019 No. 34,940

The sentence must contain, where appropriate, the pronouncement

Given in the city of Tegucigalpa, municipality of the District

corresponding in matters of costs and civil liability

Central, in the Hall of Sessions of the National Congress, at

the appropriate cases.

on the eighteenth day of the month of January of two thousand and eighteen.

It will be arranged ... "

“ARTICLE 432.- Origin. In cases where the victim
has not brought civil action in the final criminal process that
whether the conviction or the liability excluded

MAURICIO OLIVA HERRERA
PRESIDENT

criminal in the cases of unimputability, state of necessity,
insurmountable fear or error, referred to in this Code,
the victim or his heirs or the Attorney General of the
The Republic, where appropriate, may request the Execution Judge for
the means of compulsion order the restitution, the reparation of the

MARIO ALONSO PÉREZ LÓPEZ

material or moral damages and compensation for damages,

SECRETARY

where appropriate.

The victim...".

“ ARTICLE 336-A.- Rules to which the

JOSÉ TOMÁS ZAMBRANO MOLINA
SECRETARY

Suspension of Judgment. The Sentencing Court in case of
admit the request for the suspension of the judgment, must issue
duly motivated car, following the rules
that with respect to the sentence establishes Article 338 of
this Code, with the exception of what is related to penalties and

To the Executive Branch
Therefore: Run

Tegucigalpa, MDC, January 31, 2019

security measures.

The order of suspension of the judgment must include provisions
relevant to the legal status of the instruments, assets
or effects that have been seized, seized or kidnapped
in the course of the process ”.

JUAN ORLANDO HERNÁNDEZ ALVARADO
REPUBLIC PRESIDENT

ARTICLE 634.- ABROGATION. Repeal the Decree
No. 144-83, dated August 23, 1983, containing the
Penal Code and all its reforms.
THE SECRETARY OF STATE IN THE
ARTICLE 635.- VALIDITY. This Code will enter
effective six (6) months after its publication in the
Official Gazette "La Gaceta".
140

TO.

GOVERNMENT OFFICES, JUSTICE AND
DECENTRALIZATION
HÉCTOR LEONEL AYALA ALVARADO

