Libro Primero Título VIII. De la extinción de la responsabilidad penal y de la pena

Criminal liability is extinguished:

1º.By death of the accused or of the convicted person.

2º.By amnesty.

3º.By pardon of the offended party, in cases in which the law expressly permits it.

4º.By limitation period.

5º.By completion of the penalty.

The penalty is extinguished:

1º.By its completion.

2º.By death of the convicted person.

3º.By amnesty.

4º.By pardon.

5º.By pardon of the offended party, in the cases specified by law.

6º.By limitation period.

The death of the convicted person also extinguishes the pecuniary penalty imposed pending satisfaction and all the penal consequences thereof.

Amnesty completely extinguishes the penalty and all its effects.

The pardon only extinguishes the principal penalty.

The pardon of the offended party extinguishes criminal liability and the penalty if it has already been imposed, for crimes prosecutable only by complaint or private criminal complaint.

In crimes committed against minors or incapacitated persons, the tribunal may reject the effectiveness of the pardon granted by the representatives thereof, ordering the continuation of the proceedings or the service of the sentence, upon request of or with the intervention of the Public Prosecutor's Office.

Criminal liability prescribes:

1º.After twenty-five years, when the death penalty is applicable.

2º.Upon the lapse of a period equal to the maximum duration of the prescribed penalty, increased by one-third, said term not to exceed twenty years nor be less than three years.

3º.After five years, for crimes punishable by fine.

4º.After six months, if they are misdemeanors.

5º.Upon the lapse of twice the time of the maximum prescribed penalty for the crimes covered in Chapters I and II of Title III of Book II of the Penal Code.

6º.If the act was committed by a public official or public employee, for crimes against public administration and administration of justice, when twice the time provided by law for the limitation period of the penalty has elapsed.

The limitation period for criminal liability shall begin to run:

1º.For completed crimes, from the day of their consummation.

2º.In the case of attempt, from the day on which the execution was suspended.

3º.For continuing crimes, from the day on which the last act was executed.

4º.For permanent crimes, from the day on which their effects ceased.

5º.For conspiracy, proposal, provocation, instigation and inducement, when such are punishable, from the day on which the last act was executed.

6º.In crimes committed against minors, the time limit of the limitation period shall begin to run from the moment the victim reaches the age of majority.

7º.For all crimes against the public administration and the administration of justice, from the day on which the public official or public employee ceases in the performance of their office. This provision applies to all participants in the punishable act, without any exception.

The limitation period of the criminal action is interrupted from the time proceedings are initiated against the accused person, with the limitation period time running anew from the time its prosecution is halted for any circumstance.

It is also interrupted with respect to whoever commits another crime.

Penalties imposed by final judgment prescribe upon the lapse of a period twice the penalty fixed, which shall not exceed thirty years.

This limitation period shall begin to run from the date on which the judgment becomes final, or from the day of the breach of the sentence.

The limitation period of the penalty is interrupted, rendering the time elapsed without effect, by the commission of a new crime, or because the convicted person presents himself or is found.