Libro Primero Título V

Those criminally liable for the crime: Principals and accomplices.

Only principals are liable for misdemeanors.

The following are perpetrators:

1º.Those who take direct part in the execution of the acts constituting the crime.

2º.Those who directly force or induce another to commit it.

3º.Those who cooperate in the commission of the crime, whether in its preparation or in its execution, with an act without which it could not have been committed.

4º.Those who, having agreed with another or others to commit a crime, are present at the time of its consummation.

Are accomplices:

1º.Those who encourage or incite another in his decision to commit the crime.

2º.Those who promise their help or cooperation for after the crime has been committed.

3º.Those who provide reports or supply adequate means to carry out the crime; and

4º.Those who serve as a link or act as intermediaries between the participants to obtain the concurrence of the latter in the crime.

With regard to legal persons, the directors, managers, executives, representatives, administrators, officers or employees thereof who have intervened in the act and without whose participation it would not have been carried out shall be deemed liable for the respective crimes and shall be punished with the same penalties established in this Code for individual persons.

Legal persons shall be liable in all cases where, with their authorization or consent, their directors, managers, executives, representatives, administrators, officers or employees participate; in addition, when any of the following circumstances occur:

a)When the criminal act is committed through omission of control or supervision and its resulting benefits are favorable to it.

b)When the criminal act is committed by decision of the decision-making body.

In all crimes where legal persons are found liable and no penalty is prescribed, a fine of ten thousand Dollars (US$10,000.00) to six hundred twenty-five thousand Dollars of the United States of America (US$625,000.00), or its equivalent in national currency, shall be imposed.

The fine shall be determined according to the economic capacity of the legal person and shall be set taking into account the circumstances in which the crime was committed.

In case of recidivism, final cancellation of its legal personality shall be ordered.

When crimes committed by a crowd are concerned, the following provisions shall apply:

1º.If the gathering had as its purpose the commission of specific crimes, all those who materially participated in their execution shall be liable as principals, as well as those who, without having had material participation, assumed the character of directors.

2º.If the gathering did not have as its purpose the commission of crimes and they are committed afterwards upon the impulse of the crowd in tumult, all those who materially participated in the execution shall be liable as accomplices and, as principals, those who held the character of instigators, whether or not they had material participation in the execution of the criminal acts.

The others shall be exempt from penalty.

This latter exemption does not extend to the gathering itself, when it is provided for by law as a crime.

If the crime committed is more serious than the one agreed or of equal seriousness, but of a different nature, or complicated by other crimes, the participants extraneous to the act shall be liable for the agreed and committed crime, and only for that committed without agreement, insofar as it could have been foreseen, in accordance with general principles.

If the crime committed is less serious than the one agreed, they shall be liable only for the former.