Capítulo VI. De las responsabilidades civiles

The commission of any of the crimes to which this law refers gives rise to the obligation to redress the serious material and moral harm caused to society. The obligation is joint and several among all those liable for the crime, whether natural or legal persons, and shall be resolved into pecuniary compensation fixed by the judge in the judgment and shall be enforced by the tribunal that rendered it at first or sole instance through enforcement proceedings. If the crime were committed by a legal person, the natural persons who acted as its decision-making organs shall respond jointly and severally, except those who lacked culpability. Likewise, the legal person shall respond jointly and severally for the crimes committed by its representatives provided that it has received any type of benefit derived, directly or indirectly.

Whoever has obtained economic benefits from the effects of a crime, even without having been a participant in its execution, shall be civilly liable up to the amount in which they have profited. Notorious good faith in all persons intervening in the act is excepted.

The reparation of the damage caused to society by the crime shall have preference over any other debt and over the execution of the penalties and also over the payment of the fine.

To calculate the material and moral damage caused to society, the following shall be considered:

a)The value of the seized drugs.

b)The value of the property related to the crime, as well as of the objects and instruments used in the unlawful action.

psychotropics, as well as precursors and substances

c)The scale of the national or international association to which the offender belongs.

e)The capacity for production, manufacture, cultivation and trafficking of drugs.

f)The seriousness of the crime committed,

g)The economic injuries caused to society by the investment of resources in the fight against drug trafficking.

The civil liability derived from the crimes indicated in this law is transmitted to all the heirs of the liable person, up to the amount of the inheritance received.

The Public Prosecutor's Office, on behalf of society, shall exercise the civil action jointly with the criminal action and both shall be brought in accordance with the rules of criminal proceedings.

The civil action is subsidiary to the criminal action and the judge shall decide them in the same judgment, immediately after the pronouncement on the criminal matter. If the criminal action is extinguished or ceases to be exercised due to death or a cause of unimputability before the definitive pronouncement of the judgment, the Public Prosecutor's Office shall exercise or continue it in the competent tribunals.

The civil liabilities fixed by the judge in favor of the State shall increase the private funds of the Judicial Branch, with specific destination to the activities of investigation of the crimes to which this law refers, as well as to the prosecution, sanction and social rehabilitation of those who commit such crimes.

If, when the time to decide arrives, the amount of the civil liabilities has not been established, totally or partially, they shall be fixed by the competent tribunal in the convicting judgment, based on the elements indicated in this chapter for its calculation.

Private persons harmed by any of the crimes to which this law refers may claim from the accused payment of civil liabilities, which shall take the form of monetary compensation for private material or moral damage and of total or partial repair or restitution of the objects or instruments of the crime, ownership of which they prove, provided they are of lawful commerce.