Libro Primero · Título II Capítulo IV. La reparación privada
Article 124Amended Right to dignified reparation
The reparation to which the victim is entitled comprises the restoration of the right affected by the criminal act, which ranges from recognizing the victim as a person with all of his or her circumstances as a subject of rights against whom the criminal action fell, to the available alternatives for his or her social reintegration in order to enjoy or make use of the affected right as soon as possible, to the extent that such reparation is humanly possible and, where applicable, the compensation for the damage and losses arising from the commission of the crime; for the exercise of this right the following rules shall be observed:
1.The reparation action may be exercised in the same criminal proceedings once the conviction judgment has been issued. The judge or tribunal issuing the conviction judgment, where there is an identified victim, in the pronouncement of the judgment shall summon the procedural subjects and the victim or aggrieved party to the reparation hearing, which shall be held on the third day.
2.At the reparation hearing, the amount of the compensation, restitution and, where applicable, the damage and losses shall be proved in accordance with the evidentiary rules, and the decision shall be pronounced immediately at that same hearing.
3.With the reparation decision, and the previously pronounced criminal liability and penalty, the written judgment is integrated.
4.Notwithstanding the foregoing, at any time during the criminal proceedings, the victim or aggrieved party may request from the competent judge or tribunal the adoption of interim protective measures that allow securing sufficient property to cover the amount of the reparation.
5.The declaration of civil liability shall be enforceable when the conviction judgment becomes final.
If the reparatory action has not been exercised in this avenue, the right of the victim or aggrieved party to exercise it in the civil avenue is reserved.
(Reformado por el Artículo 7 del Decreto 7-2011 del Congreso de la República).
Article 125Amended Content and Limits
The exercise of the civil action in the criminal procedure shall comprise reparation for the damage and losses caused by the crime, in accordance with the respective legislation.
(Reformado por el Artículo 10 del Decreto 32-96 y DEROGADO por el Artículo 15 del Decreto 7-2011, ambos del Congreso de la República).
Article 126Repealed Alternative exercise
The rules that make it possible to bring the reparatory action in the criminal procedure do not prevent its exercise before the competent tribunals by civil means. But once admitted in the criminal procedure, it may not be brought again in an independent civil one, without express withdrawal or a declaration of abandonment of the prior criminal instance before the commencement of the debate. If brought by civil means, it may not be exercised in the criminal procedure.
(DEROGADO por el Artículo 15 del Decreto 7-2011 del Congreso de la República).
Article 127Repealed Withdrawal and Abandonment
The civil plaintiff may withdraw their claim at any stage of the procedure. The claim shall be considered abandoned when the civil plaintiff, duly summoned:
1)Does not appear to give a testimonial statement without just cause.
2)Does not specify their claim at the time set by this Code; and
3)Does not appear at the trial, leaves the hearing or does not present conclusions.
(DEROGADO por el Artículo 15 del Decreto 7-2011 del Congreso de la República).
Article 128Repealed Effects of Discontinuance and Abandonment
Until the commencement of the trial, discontinuance and abandonment of the criminal proceeding shall not prejudice the subsequent exercise of the reparatory action before the competent tribunals through the civil route.
Discontinuance or abandonment subsequent to the commencement of the trial imply waiver of the claimed right to compensation.
Discontinuance and abandonment create, for the civil plaintiff, the obligation to answer for the costs that his intervention may have caused both to himself and to his adversaries.
(DEROGADO por el Artículo 15 del Decreto 7-2011 del Congreso de la República).
Article 129Amended Holder of the civil action
In criminal procedure the civil action may only be exercised:
1)By the person who, pursuant to the respective law, is entitled to claim for the damage and losses caused by the punishable act.
2)By their heirs.
(Reformado por el Artículo 11 del Decreto 32-96 y DEROGADO por el Artículo 15 del Decreto 7-2011, ambos del Congreso de la República).
Article 130Amended Representation
For persons who lack capacity to appear in the proceedings, their legal representatives shall act.
Persons who are unable or unwilling to act in the proceedings may be represented by means of a duly empowered judicial agent under a mandate.
Agents under a mandate may bring the civil action on behalf of their principals.
Representatives and agents under a mandate, in order to intervene, shall prove their representation with a legalized copy of the respective document.
(Reformado por el Artículo 12 del Decreto 32-96 y DEROGADO por el Artículo 15 del Decreto 7-2011, ambos del Congreso de la República).
Article 131Amended Opportunity
The civil action shall be exercised before the Public Prosecutor's Office requests the opening of the trial or the dismissal of proceedings. Once this opportunity has expired, the judge shall reject it without further proceedings.
(Reformado por el Artículo 13 del Decreto 32-96 y DEROGADO por el Artículo 15 del Decreto 7-2011, ambos del Congreso de la República).
Article 132Amended Defendants
The civil action shall be brought against the accused person and shall proceed even when the accused person has not been individualized.
It may also be directed against whoever, by direct provision of the law, is liable for the damage and losses that the accused person may have caused through the punishable act.
If in the procedure there are several accused persons and third parties civilly sued and the plaintiff does not subjectively limit his claim, it shall be understood that it is directed against all of them.
(Reformado por el Artículo 14 del Decreto 32-96 y DEROGADO por el Artículo 15 del Decreto 7-2011, ambos del Congreso de la República).
Article 133Repealed Decision
If the judge who controls the investigation admits the request, he shall grant provisional intervention to the civil claimant, notifying the Public Prosecutor's Office thereof so that it grants the civil claimant the corresponding intervention.
Any of the parties may oppose, by filing the corresponding defenses, during the preparatory procedure and in the intermediate procedure pursuant to this Code.
Admission or rejection shall be final when there is no opposition or the request is not renewed during the intermediate procedure.
The inadmissibility of the request shall not preclude the exercise of the corresponding civil action before the competent tribunal.
(DEROGADO por el Artículo 15 del Decreto 7-2011 del Congreso de la República).
Article 134Repealed Powers
The civil plaintiff shall act in the procedure only by reason of its civil interest. It shall limit its intervention to proving the fact, the imputation of that fact to whom it considers liable, the link of such person with the third party civilly liable, the existence and the extent of the damage and losses.
Intervention as a civil plaintiff does not, in itself, exempt from the duty to testify as a witness.
(DEROGADO por el Artículo 15 del Decreto 7-2011 del Congreso de la República).
Article 135 Forced Intervention
Whoever exercises the reparatory action may request the summons of the person who, by direct provision of the law, is liable for the damage that the accused person may have caused through the punishable act, in order for such person to intervene in the procedure as defendant.
The request shall be made in the form and at the opportunity provided in this Code, indicating the name, domicile or residence of the defendant and their legal relationship with the accused person.
Article 136 Decision
The judge who controls the investigation shall decide on the request; if the judge grants the request, the judge shall order that the third-party civil defendant be notified. The judge shall also notify the Public Prosecutor's Office.
Article 137 Value of the Summons
The failure to appear of the summoned person or his non-attendance at the acts shall not suspend the proceedings, and he may intervene at any time during the procedure.
Article 138 Spontaneous Intervention
When the reparative action is exercised in the procedure, the third party who may be a civil defendant shall have the right to intervene therein by requesting to participate.
The request shall meet the requirements required by this Code and shall be admissible until the time provided for the civil plaintiff.
Article 139 Exclusion
The exclusion, withdrawal or abandonment of the civil plaintiff shall cause the intervention of the third party civil defendant to cease.
Article 140 Powers
The third party civilly sued as defendant shall enjoy the powers and guarantees necessary for its defense concerning its civil interests.
Intervention as a third party does not, in itself, exempt from the duty to testify as a witness.
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.