Libro Primero Título VII. De las medidas de seguridad

Security measures shall not be decreed without a legal provision expressly establishing them, nor outside the cases provided for by law.

Security measures shall be applied for an indeterminate period, unless the law expressly provides otherwise.

The security measures provided for in this TITLE may only be ordered by the courts of justice in a convicting or acquitting judgment for a crime or misdemeanor.

However, at any time they may amend or revoke their decisions in this respect, if the state of dangerousness of the subject is modified or ceases. The courts may order the simultaneous application of compatible security measures.

The following are considered indices of dangerousness:

1º.The declaration of non-imputability.

2º.The interruption of the execution of the penalty due to mental illness of the convicted person.

3º.The declaration of the habitual offender.

4º.The case of impossible attempt of crime, provided for in Article 15 of this Code.

5º.Habitual vagrancy.

A vagrant shall be understood to be a person who, having the aptitude to perform remunerable work, habitually remains idle, living at the expense of the work of others, or from begging, or without known means of subsistence.

6º.Habitual drunkenness.

7º.When the subject is a drug addict.

8º.Misconduct observed during the serving of the sentence.

9º.The exploitation or *the practice of prostitution.

The applicable security measures are as follows:

1º.Confinement in a psychiatric establishment.

2º.Confinement in an agricultural farm, industrial center or another analogous one.

3º.Confinement in an educational or special treatment establishment.

4º.Supervised liberty.

5º.Prohibition from residing in a specified place.

6º.Prohibition from going to specified places.

7º.Security of good conduct.

8º.Use of a telematic control device in order to verify and ensure compliance with security measures.

When a person lacking criminal responsibility covered under subsection 2 of Article 23 commits an act defined by law as a crime, his confinement in a psychiatric establishment shall be ordered, until by judicial decision issued on the basis of expert opinions the measure may be modified, or revoked if the subject's state of danger has ceased.

The provisions of this article shall also apply in the case covered under subsection 2 of Article 87.

The tribunals may order, after the penalty has been served, if they deem him dangerous, that the person covered by the case provided for in paragraph 1 of Article 26 be committed to an educational establishment or special-treatment establishment.

Those declared habitual offenders shall be subjected, according to the degree of dangerousness they demonstrate, to the work regime in an agricultural farm, in an industrial center or analogous center. This internment shall be decreed when, the imposed sentence having been served, it is deemed that it has been ineffective with regard to the rehabilitation of the offender.

In the cases of Article 15, the subject shall be submitted, according to his degree of dangerousness, to a special work regime in one of the institutions mentioned in subsection 3 of Article 88.

Vagrants who have committed a crime, as well as those sanctioned for vagrancy, shall be subjected to the work regime in an agricultural farm, industrial center or other analogous one, for a term of not less than one year nor more than three.

When sentencing for a crime committed under the influence of alcohol or of toxic drugs or narcotics and, in any case, in which it is proven that the offender is a drug addict or habitual drunkard, the corresponding tribunal may order that, before or after the penalty has been served if it is deprivation of liberty or simultaneously therewith if it is pecuniary, the person be confined in a special treatment establishment, until it is demonstrated, upon prior medical opinion, that the person may be subjected to another regime, such as those provided for in subsections 4, 5 and 6 of Article 88.

Where there is no adequate establishment, the internment measure, according to its nature, shall be served in an annex or special section of another establishment.

The measures of confinement in a psychiatric establishment or in an educational or special-treatment establishment shall cease by judicial decision, issued on the basis of medical and criminological opinions that demonstrate that the subject may be subjected to supervised liberty.

Supervised liberty shall not have the character of custody, but of protection and consists, for the mentally ill, drug addicts or habitual drunkards, in entrusting them to the care of their family, under the immediate inspection of the Patronato de Cárceles y Liberados or the institution acting in its stead, which shall exercise it in the form and by the means it deems appropriate.

In cases of conditional suspension of the penalty and of conditional liberty, the measure of supervised liberty shall last the same time as that fixed for said regimes; in other cases, it shall last the time indicated by the tribunal, which may not be less than one year. When applying this measure, the corresponding tribunal shall prescribe the rules of behavior intended to prevent new violations.

The tribunals, at their prudent discretion and when circumstances so require, may impose on the person who has served a penalty or a security measure, the prohibition of residing in certain places for one year, at a minimum.

When a crime has been motivated by the vicious habit of its perpetrator or by his dissolute customs, or when the case so requires, the tribunal may impose, in addition to the penalty, the prohibition on frequenting certain places.

The security for good conduct consists of a personal, mortgage or pledge guarantee or deposit of a sum of money, furnished to the satisfaction of the tribunal and for the term specified in the judgment, that the dangerous person will not commit new crimes and that he will comply with the rules of conduct imposed on him during a probationary period which shall be not less than one year nor exceed five.

This measure shall be applied in cases where the tribunal deems it appropriate. The security shall be enforced when the person subjected to it violates the imposed rules of conduct; otherwise, upon expiry of its time limit, return of the deposited sum or cancellation of the guarantee shall be ordered.