Libro Primero Título IX. De la responsabilidad civil
Article 112 Liable Persons
Every person criminally liable for a crime or misdemeanor is also civilly liable.
Article 113 Joint and Several Nature of the Obligations
Where there are two or more persons civilly liable for a crime or minor offense, the tribunal shall specify the share for which each one must answer.
However, the principals and the accomplices shall be liable jointly and severally among themselves and shall answer subsidiarily for the shares corresponding not only to the insolvent persons of their respective group, but also to the insolvent persons of the other group. In either case, the right of whoever shall have paid to recover against the others for the shares corresponding to each one is reserved.
Article 114 Lucrative participation
Whoever has obtained any economic benefit from the effects of a crime, even without having been a participant in its execution, shall be civilly liable up to the amount of the profit obtained.
Article 115 Transmission
Civil liability arising from a crime or misdemeanor is transmitted to the heirs of the liable person; likewise, the action to enforce it is transmitted to the heirs of the injured party.
Article 116 Civil Liability of Non-Imputable Persons
Those covered by Article 23 shall be liable with their property for the damage they cause. If they are insolvent, those who have them under their authority or legal guardianship shall be subsidiarily liable, unless they prove that they did not incur carelessness or negligence in the supervision of the person who committed the act.
Article 117 Civil liability in case of state of necessity
In the case of subsection 2 of Article 24, civil liability shall always be declared and shall be distributed among the persons in whose favor the harm was averted, in proportion to the benefit they have obtained.
The tribunals shall determine, in their prudent discretion, the proportional share for which each interested party must answer.
Article 118 Civil Liability in Cases of Inculpability
In the cases of subsections 1 and 2 of Article 25, those who shall have produced the fear or force shall be civilly liable.
Article 119 Extent of civil liability
Civil liability comprises:
1º.The restitution.
2º.The reparation for material and moral damage.
3º.The compensation for losses.
Article 120 Restitution
It shall be made of the same thing, whenever possible, with compensation for deterioration or impairment in the judgment of the tribunal and even though the thing may be in the possession of a third party who has acquired it legally, without prejudice to his right of recourse against whom it may concern. This latter provision is not applicable when the thing is irreclaimable from the possession of the third party, by virtue of having acquired it in the form and under the conditions established by civil laws.
Article 121 Reparation for material damage
Reparation shall be made by assessing the extent of the material damage, taking into account the price of the thing and the aggrieved party's affection value, if it is established or can be appraised.
Article 122 Reference to Civil Laws
With respect to matters not provided for in this Title, the provisions on the matter contained in the Civil Code and the Code of Civil and Commercial Procedure shall apply.
Source: CENADOJ, Organismo Judicial. Texto al 31 de enero de 2024. Machine-translated from the official Spanish text; Códice is not legal advice, always verify against the official publication.