Libro Primero Título II. Del delito

The acts provided for in the criminal offenses shall be attributed to the accused person, when they are the consequence of an action or omission normally suitable to produce them, according to the nature of the respective crime and the specific circumstances of the case or when the law expressly establishes them as a consequence of specific conduct.

The crime is intentional, when the result has been foreseen or when, without pursuing that result, the perpetrator foresees it as possible and executes the act.

A crime is negligent when, on the occasion of lawful actions or omissions, harm is caused by imprudence, negligence or lack of skill.

Negligent acts are punishable in the cases expressly determined by law.

The crime is consummated when all the elements of its definition concur.

There is an attempt when, for the purpose of committing a crime, its execution is begun by suitable external acts and it is not consummated due to causes independent of the will of the agent.

If the attempt is carried out with normally inadequate means or upon an object of such a nature that consummation of the act is absolutely impossible, the perpetrator shall be subject only to security measures.

When, once execution of a crime has begun, the perpetrator voluntarily desists from performing all acts necessary to consummate it, sanction shall be applied to him only for the acts executed, if such acts in themselves constitute a crime.

There is conspiracy when two or more persons agree to commit a crime and resolve to execute it.

There is proposal when one who has resolved to commit a crime invites another person or persons to execute it.

Conspiracy, proposal, provocation, instigation and inducement to commit a crime are punishable only in the cases expressly determined by law.

Whoever omits to prevent a result that he has the legal duty to avoid shall be liable as if he had caused it.

The crime is deemed committed at the time the act has been executed. In crimes of omission, at the time the omitted act should have been performed.

The crime is considered committed: in the place where the action was executed, in whole or in part; in the place where the result occurred or should have occurred and in crimes of omission, in the place where the omitted action should have been performed.

Whoever commits a crime shall be liable for it, even though his action falls upon a person other than the one he intended to offend or the harm caused is different from that which he intended to execute.

No criminal liability is incurred by a person who, in the course of lawful actions or omissions, exercising due diligence therein, causes a harmful result by mere accident.