Disposiciones generales

General Provisions of the Criminal Code. For criminal purposes, the following is understood:

1º.By movables, the property that may be transferred from one place to another, without impairment to itself or to the immovable where it is placed, and self-moving animals, in all cases.

2º.By public official: i) any person holding a legislative, executive, administrative or judicial office, whether appointed or elected, permanent or temporary, paid or honorary, regardless of that person's seniority in office; ii) any other person performing a public function, including for a public body or a public enterprise, or providing a public service.

By foreign public official, any person holding a legislative, executive, administrative or judicial office of a foreign country, whether appointed or elected; and any person exercising a public function for a foreign country, including for a public body or a public enterprise.

By official of a public international organization, an international public employee or any person whom such organization has authorized to act on its behalf.

3º.By weapon, any object or instrument intended to attack or to defend oneself, explosive or corrosive substances and asphyxiating or corrosive gases and any instrument suitable for causing harm, when carried in a manner that instills fear.

4º.By violence, physical and psychological or moral violence. The former is a manifestation of force upon persons or things; the latter is intimidation of persons. It shall be understood that the latter exists when hypnosis, narcosis or deprivation of reason or senses concurs, whether the active subject provokes the situation or takes advantage of it.

5º.By unjust act, that which is illegal.

The judge, in all cases of concurrence of crimes, is obligated to apply the provisions relating to concurrence.

The owner of a rural property, his legal representative, lessee, usufructuary, administrator, or whoever acts in their stead, is deemed equivalent to an agent of the authority, within the territorial limits of the property in question.

The provisions of this Code do not affect matters covered by constitutional laws or special jurisdictions.

If the crimes of use of minor persons in labor activities harmful to their integrity and dignity, possession of pornographic material of minor persons, proper abduction of minor persons, proper abduction, improper abduction, aggravated abduction, simulation of childbirth, substitution of one child for another, suppression and alteration of civil status, irregular adoption and irregular adoption procedure, are committed for the purpose of exploitation in the crime of trafficking in persons, the penalties shall be applied without prejudice to the penalties applicable for the commission of the crime of trafficking in persons.