Honduras Coding Penal

Honduras
Criminal Code (approved by Decree No. 144-1983)
• DECREE 144-83 - PENAL CODE

o BOOK ONE GENERAL PART
▪ TITLE I CRIMINAL LAW ENFORCEMENT
▪ TITLE II THE OFFENSE
▪ TITLE III CAUSES exonerating
▪ CHAPTER I CAUSES OF Insanity
▪ CHAPTER II justifications
▪ CHAPTER III CAUSES OF exculpation
▪ TITLE IV CIRCUMSTANCES AMENDING criminal liability
▪ CHAPTER I extenuating circumstances
▪ CHAPTER II Aggravating circumstances
▪ CHAPTER III Recidivism and habitual
▪ COMPETITION TITLE V CRIMES AND CRIMINALS
▪ CHAPTER I PARTICIPATION IN CRIME
▪ CHAPTER II COMPETITION OFFENSES
▪ TITLE VI PENAS
▪ PENALTIES CHAPTER I CLASSES
▪ CHAPTER II TIME, NATURE AND EFFECTS OF PENALTIES
▪ CHAPTER III PENALTIES THAT CARRY other accessory
▪ CHAPTER IV APPLICATION OF PENALTIES
▪ CHAPTER V SUSPENSION CONDITIONAL EXECUTION OF THE
SENTENCE
▪ CHAPTER VI PAROLE
▪ TITLE VII SECURITY MEASURES
▪ TITLE VIII EXTINCTION OF CRIMINAL LIABILITY AND ITS EFFECTS
▪ TITLE IX LIABILITY
o BOOK II SPECIAL PART
▪ TITLE I CRIMES AGAINST LIFE AND INTEGRITY CORPORAL
▪ CHAPTER I HOMICIDE
▪ CHAPTER II ABORTION
▪ CHAPTER III INJURIES
▪ CHAPTER IV ABANDONMENT OF CHILDREN AND PEOPLE helpless
▪ TITLE II CRIMES AGAINST FREEDOM AND physical, psychological and
sexual OF THE PEOPLE
▪ CHAPTER I VIOLATION, statutory rape, indecent assault, kidnapping
▪ CHAPTER II CRIMES OF SEXUAL EXPLOITATION
▪ CHAPTER III GENERAL PROVISIONS
▪ TITLE III CRIMES AGAINST HONOR
▪ CHAPTER I libel, slander and defamation
▪ CHAPTER II COMMON PROVISIONS
▪ TITLE IV CRIMES AGAINST CIVIL AND STATE ORDER OF THE FAMILY
▪ CHAPTER I ASSUMPTION OF BIRTHS AND INFRINGEMENT OF
MARITAL STATUS
▪ CHAPTER II ILLEGAL MARRIAGE CELEBRATION
▪ CHAPTER III INCEST
▪ CHAPTER IV DENIAL OF FAMILY ASSISTANCE
▪ CHAPTER V DOMESTIC VIOLENCE
▪ TITLE V CRIMES AGAINST PUBLIC HEALTH
▪ TITLE VA CRIMES AGAINST THE ENVIRONMENT
▪ TITLE VI CRIMES AGAINST FREEDOM AND SECURITY
▪ CHAPTER I ARREST ABDUCTION AND ILLEGAL
▪ CHAPTER II CHILD ABDUCTION
▪ CHAPTER III COMMON PROVISION TO THE TWO PRECEDING
CHAPTERS
▪ CHAPTER IV BREAKING AND ENTERING
▪ CHAPTER V coercion and threats
▪ CHAPTER VI CRIMES AGAINST FREEDOM OF WORSHIP,
RELIGIOUS SENTIMENT AND RESPECT TO DECEASED
▪ CHAPTER VII VIOLATION OF SECRETS AND REVELATION
▪ CHAPTER VIII CRIMES AGAINST FREEDOM POLICY
▪ TITLE VII CRIMES AGAINST PROPERTY
▪ CHAPTER I ROBBERY
▪ CHAPTER II extortion and blackmail
▪ CHAPTER III THEFT
▪ CHAPTER IV USURPATION
▪ CHAPTER V PUNITIVE INSOLVENCY
▪ CHAPTER VI FRAUD SCAMS AND OTHER
▪ CHAPTER VII profiteering and speculation
▪ CHAPTER VIII CRIMES SPECIAL PROPERTIES
▪ CHAPTER IX DAMAGE
▪ CHAPTER X FIRE AND OTHER HAVOC
▪ CHAPTER XI GAMES
▪ CHAPTER XII GENERAL PROVISIONS
▪ TITLE VIII CRIMES AGAINST THE MEDIA AND OTHER PUBLIC
SERVICES
▪ TITLE IX CRIMES AGAINST PUBLIC FAITH
▪ CHAPTER I counterfeiting bank notes and securities
▪ CHAPTER II FORGERY OF SEALS, SEALING PAPER AND OTHER
OFFICIAL EFFECTS
▪ CHAPTER III GENERAL falsifying records
▪ CHAPTER IV INFRINGEMENT OF FUNCTIONS AND TITLE AND
MISUSE OF NAMES, UNIFORMS, INSIGNIA AND DECORATIONS
▪ TITLE X CRIMES AGAINST THE ECONOMY
▪ TITLE XI CRIMES AGAINST THE EXISTENCE AND STATE SECURITY
▪ CHAPTER I BETRAYAL
▪ CHAPTER II OFFENSES COMMITTED TO PEACE, SECURITY OR
FOREIGN DIGNITY OF THE NATION
▪ CHAPTER III CRIMES AGAINST THE RIGHT PEOPLE
▪ TITLE XII OFFENSES AGAINST THE INTERNAL SECURITY OF THE
STATE
▪ CHAPTER I CRIMES AGAINST STATE SENIOR OFFICIALS
▪ CHAPTER II CRIMES AGAINST FORM OF GOVERNMENT
▪ CHAPTER III CRIMES COMMITTED BY INDIVIDUALS, exceeding IN
THE EXERCISE OF THE RIGHTS OF CONSTITUTIONAL
GUARANTEES
▪ CHAPTER IV CRIMES COMMITTED BY OFFICIALS AGAINST THE
EXERCISE OF RIGHTS guaranteed by the Constitution
▪ CHAPTER V TERRORISM
▪ CHAPTER VI WHISKERS
▪ CHAPTER VII SEDITION
▪ CHAPTER VIII PROVISIONS COMMON TO THE TWO PRECEDING
CHAPTERS
▪ CHAPTER IX ATENTADO
▪ TITLE XIII OFFENSES AGAINST PUBLIC ADMINISTRATION
▪ CHAPTER I CONTEMPT
▪ CHAPTER II DESOBEDIENCIA
▪ CHAPTER III RAPE AND ABUSE OF AUTHORITY OF THE DUTIES OF
OFFICERS
▪ CHAPTER IV VIOLATION OF SEALS AND DOCUMENTS
▪ CHAPTER V BRIBERY
▪ Chapter VA
▪ Chapter VI misappropriation of funds
▪ CHAPTER VII INCONSISTENT WITH NEGOTIATIONS exercise of public
functions
▪ CHAPTER VIII fraud and extortion
▪ CHAPTER IX transgression
▪ CHAPTER X REFUSAL AND JUSTICE DELAYED
▪ CHAPTER XI PERJURY, FALSE ALLEGATION AND WITHDRAWAL
▪ CHAPTER XII COVER-UP
▪ Chapter XIII EVASIÓN
▪ Chapter XIII-A SMUGGLING OFFENSES AND PENALTIES FISCAL
FRAUD AND
▪ CHAPTER XIV GENERAL PROVISION
▪ TITLE XIV CRIME AND PUNISHMENT FINANCIAL
▪ CHAPTER I CRIME AND PUNISHMENT FINANCIAL
▪ CHAPTER II CRIMES IN THE MANAGEMENT OF PUBLIC FUNDS AND
PRIVATE RETIREMENT AND PENSION AND PENALTIES
o BOOK THREE OFFENSES
▪ TITLE I GENERAL PROVISIONS
▪ TITLE II LACK AGAINST PERSONS
▪ TITLE III OFFENSES AGAINST PROPERTY
▪ TITLE IV OFFENSES AGAINST GOOD MANNERS
▪ TITLE V OFFENSES AGAINST THE GENERAL INTEREST AND SCHEME
OF POPULATIONS
▪ TITLE VI OFFENSES RELATING TO THE ISSUANCE OF THOUGHT
▪ TITLE VII OFFENSES AGAINST PUBLIC ORDER
▪ FINAL CHAPTER ONE TITLE
▪ TRANSITIONAL AND FINAL PROVISIONS
• DECREE NUMBER 23-2008
o Article 1. Adding the Code of Criminal Procedure issued by Decree No. 144-83
dated August 23, 1983, reformed by Decree No. 191-96 of October 31, 1996,
59-97 dated May 8, 1997; 117-2003; 194-2004 of December 17, 2004; 234-
2005 of 1 September 2005; and 14-2006 dated March 15, 2006; the
appointment and following articles:
o Article 2. This Decree shall enter into force twenty (20) days after the date of
its publication in the Official Gazette.
"DECREE 144-83"
PENAL CODE [1]
BOOK ONE
GENERAL PART
TITLE I
CRIMINAL LAW ENFORCEMENT
Section 1. No person may be punished for offenses that are not determined in a
previous law to the perpetration of a crime.
Article 2.- other penalties or security measures previously established by law shall
be imposed.
Article 2 A .- The actions or omissions that may be qualified to arrange two or
more provisions of this Code are punishable by observing the following rules:
1)
2)
3)
Article 2. B. Every person to whom a crime or offense has the right to be treated
with respect for the inherent dignity of the human being is attributed. They
will not be, therefore, impose penalties or security measures involving inhuman or
degrading treatment. [3]
[1] Decree
144-83 dated 23 August 1983, published in the Gaceta number 24.264 on
Monday, March 12, 1984. Effective March 12, 1985.
[2] Article 2-A added and amended by Decree 191-96 of October 31, 1996, published in the Official Gazette No. 28,182
dated February 8, 1997 and Effective February 28, 1997.
[3] Article 2-B added and reformed by Decree 191-96 of 31 October 1996, published in the Official Gazette No. 28,182
dated 8 February 1997 and 28 Effective February 199 7.
[4] Article 2-C .Adicionado and amended by Decree 191-96 of October 31, 1996, published in the Official Gazette No.
28,182 dated February 8, 1997 and Effective February 28, 1997.
[5] Article 2-D. added and amended by Decree 191-96 of October 31, 1996, published in the Official Gazette No. 28,182
[6] Article 4. added and renovated by decree 191-96 of October 31, 1996, published in the Official Gazette No. 28,182
[7] Article 5 .Adicionado and amended by Decree 191-96 of October 31, 1996, published in the Official Gazette No.
[8] Article 6 .Adicionado and amended by Decree 191-96 of October 31, 1996, published in the Official Gazette No.
[9] Article7. Amended by Decree 59-97 of May 8, 1997, published in the Official Journal Gazette No. 28.281 dated June
10, 1997 and effective as of the publication.
[10] Article 13 renovated and added: by Decree No. 191-96 dated October 31 de1996 published in the Official Gazette No.
28,182 dated February 8, 1997.vigente from February 28, 1997 .
[11] Article13-A. Renovated and added: by Decree No. 191-96 dated October 31 de1996 published in the Official Gazette
No. 28,182 dated February 8, 1997. effective from February 28, 1997.
[12] Article 23 .Reformado by Decree 191-96 of 31 October 1996, published on Official Gazette No. 28,182 dated February
8, 1997 effective from 28 February 1997.
[13] Article 24.Reformado by Decree 225-2004 of 20 January 2005, published in the Official Gazette No. 30,645 dated 12
March 2005 and in force from such publication.
[14] Article 34-A added and amended by Decree 191-96 31 October 1996, published in the Official Gazette No. 28.182 of
February 8 1997.y force from 28 February 1997.
[15] Article 37 added and amended by Decree 191-96 of 31 October 1996, published in the Journal officiating Gazette No.
28,182 l February 8 1997.y effective from 28 February 1997.
[16] article38. Amended by Decree 59-97 of May 8, 1997, published in the Official Journal Gazette No. 28.281 dated June
10, 1997 and effective as of the publication.
[17] Article 39 amended by Decree 191-96 of 31 October 1996, published in the Official Gazette No. 28,182 of February 8,
1997 and effective from 28 February 1997.
[18] Article 45 .Reformado. By Decree 191-96 of 31 October 1996, published in the Official Gazette No. 28,182 of 8
February 1997 and effective from 28 February 1997.
[19] Article 47 .Reformado. By Decree 191-96 of 31 October 1996, published in the Official Gazette No. 28,182 of
February 8, 1997 and effective from 28 February 1997.
[20] Article 50.Derogado by Decree 191-96 of October 31, 1996, published in the Official Gazette No. 28,182 dated
February 8, 1997.vigente from 28 February 1997.estuvo force 12 March 1985 to February 28, 1997.
[21] Article 51.Reformado by Decree 59-97 of May 8, 1997, published in the Official Gazette No. 28.281 dated June 10,
1997 and effective as of the publication.
[22] Article 53 amended by Decree 110-2005 of April 7, 2005 and No. 30.716 published in the Official Gazette of June 7,
2005.y force from such publication
[23] Article 61 amended by Decree 110-2005 of April 7, 2005 and published in the Official Gazette No. 30.716 of 7 June
2005.y force from such publication
[24] Article 66 amended by Decree 127-99 of 24 August 1999, published in the Official Gazette No. 28.971 dated 17
September 1999 and in force from such publication
[25] Article 67 .Reformado by Decree 127-99 of 24 August 1999, published in the Official Gazette No. 28.971 dated 17
September 1999 and in force from such publication
[26] Article 68 amended by Decree 191-96 of October 31, 1996, published in the Official Gazette No. 28,182 dated
February 8, 1997 effective from 28 February 1997.
[27] Article 69 amended by Decree 191-96 of October 31, 1996, published in the Official Gazette No. 28,182 dated l
[28] Article 96 as amended by Decree 127-99 of 24 August 1999, published in the Official Gazette No. 28.971 dated
September 17, 1999 and effective as of the publication.
[31] article 105 . Amended by Decree 59-97 of May 8, 1997, published in the Official Journal Official Gazette No. 28.281
dated June 10, 1997 and effective as of the publication.
[32] Article 113.Reformado Article 113 by Decree 191-96 of October 31, 1996, published in the Journal Official Official
Gazette No. 28,182 of February 8, 1997 and effective from 28 February 1997.
Article 115. Repealed by Decree 9-99 of the Criminal Procedure Code of 19
[33]
December 1999, published in the Official Journal published in Official

Gazette No. 29.176 of 20 May 2000.y effective from February 20 2002.
[34] Artículo116.
Amended by Decree 127-99 of 24 August 1999, published in the Official Gazette No. 28.971
dated September 17, 1999 and effective as of the publication.
[35] Artículo117. Amended by Decree 127-99 of 24 August 1999, published in the Official Gazette No. 28.971 dated
[36] Artículo118. Amended by Decree 127-99 of 24 August 1999, published in the Official Gazette No. 28.971 dated
[37] Article 120 .Reformado by Decree 191-96 of October 31, 1996, published in the Official Gazette No. 28,182 dated
[38] Artículo121.Reformado by decree 59-97 of May 8, 1997, published in the Official Gazette No. 28.281 dated June 10,
1997 and effective as of the publication.
[39] Article 122 Repealed by Decree 191-96 of October 31, 1996, published in the Official Gazette No. 28,182 dated
[40] Article 123 amended by Decree 191-96 of October 31, 1996, published in the Official Gazette No. 28,182 dated l
[41] Article 126. amended by Decree 191-96 of October 31, 1996, published in the Official Gazette No. 28,182 dated
[42] Article 127 amended by Decree 191-96 of October 31, 1996, published in the Official Gazette No. 28,182 dated
[43] Article 128. 191-96 amended by Decree of October 31, 1996, published in the Official Gazette No. 28,182 dated
[44] Article 129 .Derogado by Decree 191-96 of October 31, 1996, published in the Official Gazette No. 28,182 dated
[45] Article 130. Repealed by Decree 13-85 of February 13, 1985, published in Official Gazette No. 24.564 Gazette dated
March 8, 1985 and effective as of March 13, 1885.
[46] Article 130. Repealed by Decree 13-85 of February 13, 1985, published in Official Gazette No. 24.564 Gazette dated
March 8, 1985 and effective as of March 13, 1885.
[47] Article 132. Decree 191-96 of Reformed by October 31, 1996, published in the Official Gazette No. 28 182 dated
[48] Article 133. Reformed by Decree 59-97 of May 8, 1997, published in the Official Gazette No. 28 281 dated 10 June
1997 and in force from such publication.
[49] Article 133-A .Adicionado respectively by decree 191-96 October 31, 1996, published in the Official Journal Gazette
No. 28 182 dated February 8, 1997 and in force since February 28 of 1997.
[50] Article 134 .Reformado by decree 191-96 of October 31, 1996, published in the Official Journal of Laws No. 28, 182
dated February 8, 1997 and effective from 28 February 1997.
[51] Article 135 .Numeral 1 As amended by Decree 59-97 of May 8, 1997, published in the Official Gazette No. 28 281
dated 10 June 1997 and in force from such publication.
[52] Articles 135 paragraphs 2 and 3 As amended by Decree 191-96 of October 31, 1996, published in the Official Journal
of Laws No. 28, 182 dated February 8, 1997 and in force since February 28 of 1997.
[53] Articles 136 .Reformado by decree 191-96 of October 31, 1996, published in the Official Journal of Laws No. 28, 182
dated February 8, 1997 and effective from 28 February 1997.
[54] Article 138 .Reformado by Decree 59-97 of May 8, 1997, published in Official Gazette No. 28 281 dated 10 June 1997
and in force from such publication.
[55] Title II Crimes against Freedom and Integrity Physical, psychological and sexual of Persons, as amended by Decree
234-2005 dated September 1, 2005, published in Official Gazette No. 30,920 dated February 4, 2006. effective upon
publication.
[56] Title II Crimes against Freedom and Integrity Physical, psychological and sexual of Persons. Chapter I, Rape crimes,
rape, indecent assault, kidnapping. Article 140 Reformed by Decree 234-2005 dated September 1, 2005, published in
Official Gazette No. 30,920 dated 4 February 2006.Vigencia from publication.
[59] A Article 144. amended by Decree 234-2005., Sept. 28, 2005, published in the Official Gazette No. 30,920 of
February 4, 2006
[60] Article 145. Decree 191-96 of Reformed by October 31, 1996, published in the Official Gazette No. 28,182 dated
February 8, 1997 and Effective February 28, 1997.
[61] Article 146. Repealed by Decree 191-96 of October 31, 1996, published in the Official Gazette No. 28,182 of
February 8, 1997.
[62] 147. Repealed by Decree 59-97 of May 8, 1997, published in the Official Gazette No. 28.281 dated June
10, 1997 ..
[63] Article 147-A. Added by Decree 59-97 of May 8, 1997, published in the Official Gazette No. 28.281 dated
June 10, 1997.
[64] Article 150. Repealed by Decree 234-2005., 28 September 2005. Published in the Official Gazette No. 30,920 of
February 4, 2006
[65] Article 151. Repealed by Decree 234-2005., 28 September 2005. Published in the Official Gazette No. 30,920 of
February 4, 2006
[66] Article 155 as amended by Decree 59-97 of May 8, 1997, published in the Official Gazette No. 28 281 dated 10 June
[67] Article 156 .Reformado by Decree 191-96 of October 31, 1996, published in the Official Gazette No. 28 182 dated 28
February 1997 and in force since February 1997.
[68] Article 157 as amended by Decree 59-97 of May 8, 1997, published in the Official Gazette No. 28 281 dated 10 June
[69] Article 160. Decree 191-96 of Reformed by October 31, 1996, published in the Official Gazette No. 28 182 dated 28
February 1997 and in force since February 1997.
[70] Article 165 .Reformado by Decree 59-97 of May 8, 1997, published in the Official Gazette No. 28 281 dated 10 June
Article 170 of Decree 191-96 I .Reformado of October 31, 1996, published in the Official Gazette No. 28 182 dated February 28, 1997
[71]
and effective from 28 February 1997.
[74] Chapter III Article 176. Incest Repealed whose previous text it was: Sexual intercourse between ascending and
descending, or sibling shall be punished with imprisonment of three to six years. Who commits incest with a minor
descendant of eighteen he shall be punished with four to seven years of imprisonment. These children will not incur any
penalty, but shall be subject to the tutelary measures determined by special laws. The crime of incest proceed under
complaint of the injured party or his legal representative was unable absolute or relative. A this offense apply the
provisions of paragraphs 1, 2 and 3 of the second paragraph of Section 152, above.
[76] Article 179-A .Reformado by Decree 191-96 of October 31, 1996, published in the Official Gazette No. 28 182 dated
[77] [77] Article 179-B .Reformado by Decree 191-96 of October 31, 1996, published in the Official Gazette No. 28 182
dated 28 February 1997 and in force since February 28, 1997 .
[78] Article 179-C. Reformed by Decree 191-96 of October 31, 1996, published in the Official Gazette No. 28 182 dated 28
February 1997 and in force since February 1997 DE28.
[79] Article 181. amended by Decree 59-97 dated May 8, 1997, published in the Official Gazette No. 28 281 dated 10 June
[80] Article 181-A .Reformado addition by Decree 191-96 of October 31, 1996, published in the Official Gazette No. 28
182 dated February 28, 1997 and effective from February 28, 1997.
[81] Article 181-B. Amended by Decree 191-96 of addition by October 31, 1996, published in the Official Gazette No. 28
182 dated February 28, 1997 and effective from 28 February 1997.
[82] Article 182-A .Adicionado by Decree 191-96 of October 31, 1996, published in the Official Gazette No. 28 182 dated
28 February 1997 and in force since February 1997 DE28.
[83] Article 190 as amended by Decree 191-96 of October 31, 1996, published in the Official Gazette No. 28 182 dated 28
[84] Article 191-A. Repealed by Decree 59-97 dated May 8, 1997, published in the Official Gazette No. 28 281
[85] Article 191-B, 59-97 .Derogado by Decree dated 8 May 1997, published in the Official Gazette No. 28 281
dated June 10, 1997 and effective from this publication.
[86] Article 191-C. Repealed by Decree 59-97 dated May 8, 1997, published in the Official Gazette No. 28 281
[87] Article 191-D. Repealed by Decree 59-97 dated May 8, 1997, published in the Official Gazette No. 28 281
[88] Article 192, as amended by Decree 125-2003 of 27 August 2003, published in the Official Gazette No. 30, 291 dated
January 16, 2004 and effective as of the publication.
[89] Article 193 as amended by Decree 191-96 of October 31, 1996, published in the Official Gazette No. 28 182 dated 28
[90] Article 194 as amended by Decree 125-2003 of 27 August 2003, published in the Official Gazette No. 30, 291 dated
[91] Article 194-A added by Decree 125-2003 of 27 August 2003, published in the Official Gazette No. 30, 291 dated
[92] Article 196 Repealed by Decree 191-96 of October 31, 1996, published in the Official Gazette No. 28 182 dated 28
[93] Article 196-A added by Decree 191-96 of October 31, 1996, published in the Official Gazette No. 28 182 dated 28
[94] Article 197 Amended by Decree 191-96 of October 31, 1996, published in the Official Gazette No. 28 182 dated 28
[97] Article 201 of Decree 127-99 of Reformed August 24, 1999, published in the Official Gazette number Gazette: 28, 971
dated September 17, 1999 and effective as of the publication.
[99] Article 209 reformad by Decree 191-96 of October 31, 1996, published in the Official Gazette No. 28 182 dated 28
[100] Article 209-A reformed by addition by Decree 191-96 of October 31, 1996, published in the Official Gazette No. 28
182 dated February 28, 1997 and effective as DE28 February 1997.
[101] Article 214, Renovated by Decree 59-97 dated May 8, 1997, published in the Official Gazette No. 28 281
[104] Article 218 Amended by Decree 127-99 of 24 August 1999, published in the Official Gazette No. 28 971 dated
[105] Article 218-A added by Decree 125-03 of 27 August 2003, published in the Official Gazette Gazette number 30, 291
dated January 16, 2004 and effective as of the publication.
[106] Article 218-B added by Decree 125-03 of 27 August 2003, published in the Official Gazette Gazette number 30, 291
[107] Article 218-C added by Decree 125-03 of 27 August 2003, published in the Official Gazette Gazette number 30, 291
[108] Article 218-D added by Decree 125-03 of 27 August 2003, published in the Official Gazette Gazette number 30, 291
[109] Article 218-E supplemented by Decree 125-03 of 27 August 2003, published in the Official Gazette Gazette number
30, 291 dated January 16, 2004 and effective as of the publication.
[110] Article 218-F added by Decree 125-03 of 27 August 2003, published in the Official Gazette Gazette number 30, 291
[112] Note: Article 22 No. 1 out JUSTO read , as published in the Official Gazette which there is no Errata published, but
for some specialists should read ... Provecho UNFAIR
[114] Article 223 Paragraph Final, amended by Decree 59-97 of May 8, 1997, published in the Official Gazette No. 28 281
[117] Article 223 second paragraph, amended by Decree 59-97 of May 8, 1997, published in the Official Gazette No. 28
281 dated 10 June 1997 and in force from such publication.
[118] Article 227 Reformed by Decree 59-97 of May 8, 1997, published in the Official Gazette No. 28 281 dated 10 June
[120] Article 231 Reformed by Decree 59-97 of May 8, 1997, published in the Official Gazette No. 28 281 dated 10 June
1997 and in force from such publication .
[122] Article 241Reformado by Decree 191-96 of October 31, 1996, published in the Official Gazette No. 28 182 dated 28
[125] Article 246. amended by Decree 191-96 of October 31, 1996, published in the Official Gazette No. 28 182 dated 28
[127] Article 248 .Reformado by Decree 14-2006 of 15 March 2006, published in the Official Gazette No. 30 961 of 24
March 2006 and in force since its publication.
[128] Article 248-A. Adding renovated by Decree 59-97 of May 8, 1997, published in the Official Gazette No. 28 281 dated
10 June 1997 and in force from such publication.
[129] Article 248-B, supplemented by Decree 14-2006 of 15 March 2006, published in the Official Gazette No. 30 961 of
24 March 2006 and in force since its publication.
[130] Article 248-C, supplemented by Decree 14-2006 of 15 March 2006, published in the Official Gazette No. 30 961 of
24 March 2006 and in force since its publication.
[133] Article 251 Reformed by Decree 191-96 of October 31, 1996, published in the Official Gazette No. 28 182 dated 28
[135] Article 254 amended by Decree 59-97 of May 8, 1997, published in the Official Gazette No. 28 281 dated 10 June
[138] Article 261 reformed by Decree 59-97 May 8, 1997, published in the Official Gazette No. 28 281 dated June 10, 1997
and effective from this publication .
[139] Article 263 repealed by Decree 191-96 of October 31, 1996, published in the Official Gazette No. 28 182 dated 28
[141] Article 275. Reformed by Decree 191-96 of October 31, 1996, published in the Official Gazette No. 28 182 dated 28
1997 and in force from such publication .
[155] Article 299 paragraph 3. See Law on Defense and Promotion of competition, which should be considered in reference
thereto and from the effective date.
[162] Constitution of the Republic. Article 2 , l to sovereignty of the people which emanate all the powers of the State are
exercised by proxy. Impersonation of popular sovereignty and the usurpation of the constituted powers are classified as
crimes of Treason. Responsibility in these cases is imprescriptible and may be deducted ex officio or at the request of any
citizen.
Article 19. No authority may conclude or ratify treaties or grant concessions that infringe the territorial integrity,
sovereignty and independence of the Republic.
Who does it will be tried for the crime of treason. Responsibility in this case is imprescriptible.
Article 310 Reformed by Decree 191-96 of October 31, 1996, published in the Official Gazette No. 28 182 dated 28
[164] A rticle 310-B added by Decree 59-97 May 8, 1997, published in the Official Gazette No. 28 281 dated June 10, 1997
and effective from this publication.
[169] Article 318 Amended by Decree No. 127-99 of 24 August 1999 published in the Official Gazette Gazette number 28,
971 dated September 17, 1999 and effective as of the publication.
[173] Article 322 Amended by Decree No. 127-99 of 24 August 1999 published in the Official Gazette Gazette number 28,
971 dated September 17, 1999 and effective as of the publication.
[174] Article 331Reformado by Decree 59-97 of May 8, 1997, published in the Official Gazette No. 28 281 dated 10 June
[175] Article 332 as amended by Decree 223-2004 dated January 20, 2005, published in the Official Gazette Gazette
number 30, dated 645 March 12, 2005 and effective as of the publication.
[176] Article 332-A added by Reform Decree 125-2003 dated of August 25, 2003, published in the Official Gazette Gazette
number 30, dated 291 16m January 2004 and in force since that publication.
[177] Article 332-B added by Reform Decree 125-2003 dated of August 25, 2003, published in the Official Gazette Gazette
number 30, dated 291 16m January 2004 and in force since that publication.
1 Article 336 As amended by Decree 23-2008 addition by the April 24, 2008, published in the Official Gazette No. 28 182
dated 28 February 1997 and in force since February 1997 DE28.
[182] Section 337 Reformed by Decree 191-96 of October 31, 1996, published in the Official Gazette No. 28 182 dated 28
[185] Article 345 Repealed . The Supreme Court in a ruling dated April 29, 2005 on Unconstitutional Resource number:
2686-03 fault PLACE unanimously by Violating the contested regulation, Articles 60 and 72 of the Constitution of the
Republic. Published the judgment by the Congress of the Republic in Decree number: 202-2005 dated 2 August 2005, he
published in Official Gazette 30, 830 dated 22 October 2005 and in force from that publication. See page judgment No.
177 of this Code.
[193] Article 351Derogado by Decree 59-97 of May 8, 1997, published in the Official Gazette No. 28 281 dated 10 June
[203] Article 361Reformado by Decree 191-96 of October 31, 1996, published in the Official Gazette No. 28 182 dated 28
[207] Article 366 114-2006 Reformed by Decree 15 March 2006, published in the Official Gazette No. 30, 961 dated 24
March 2006, in force since its publication.
[208] Article 366-A. Added by Decree 114-2006 15 March 2006, published in the Official Gazette No. 30, 961 dated 24
March 2006, in force since its publication.
[212] Article 369-A. Added by Decree 191-96 of October 31, 1996, published in the Official Gazette No. 28 182 dated 28
[213] Article 369-B. Added by Decree 191-96 of October 31, 1996, published in the Official Gazette No. 28 182 dated 28
[214] Section 369-C. Added by Decree 191-96 of October 31, 1996, published in the Official Gazette No. 28 182 dated 28
[215] Article 369-D. Added by Decree 191-96 of October 31, 1996, published in the Official Gazette No. 28 182 dated 28
[233] Article 390 Amended by Decree 127-99 of 24 August 1999 published in the Official Gazette No. 28, 971 dated 17
September 1999, and effective as of the publication .
[234] Article 391 Amended by Decree 127-99 of 24 August 1999 published in the Official Gazette No. 28, 971 dated 17
September 1999, and effective as of the publication.
[236] Title XIII Crimes against Public Administration, as amended by Addendum incorporating Chapter XIII-A of the
Crimes of Smuggling and Tax Fraud and penalties by Decree 212-2004 dated December 29, 2004, published in the
Official Gazette Gazette No. 30, 585 dated 31 December 2004 and in force since its publication.
[237] Refurbished addition by Decree 212-2004 dated December 29, 2004, published in the Official Gazette No. 30, 585
dated December 31 , 2004 and in force since its publication.
[238] Article 392-B, as amended by Addendum by Decree 212-2004 dated December 29, 2004, published in the Official
Gazette No. 30, 585 dated December 31 , 2004 and in force from its publication .
[239] Article 392-C, Refurbished addition by Decree 212-2004 dated December 29, 2004, published in the Official
Gazette No. 30, 585 dated December 31 , 2004 and in force from its publication.
[240] Article 392-D, as amended by Addendum by Decree 212-2004 dated December 29, 2004, published in the Official
[241] Article 392-E, as amended by Addendum by Decree 212-2004 dated December 29, 2004, published in the Official
[242] Article 392-F, as amended by Addendum by Decree 212-2004 dated December 29, 2004, published in the Official
[244] Title IV and Chapter I. Financial Crimes and penalties. Adding renovated according to Decree No. 194-2004 dated 17
December 2004 published in the Official Gazette No. 30, 585 dated December 31 , 2004 and in force since its publication.
[245] Article 394-A, as amended by Addendum according to Decree No. 194-2004 dated 17 December 2004 published in
the Official Gazette No. 30, 585 dated December 31 , 2004 and effective as publication.
[246] Article 394-B, as amended by Addendum according to Decree No. 194-2004 dated 17 December 2004 published in
[247] Article 394-C, as amended by Addendum according to Decree No. 194-2004 dated 17 December 2004 published in
[248] Article 394-D, as amended by Addendum according to Decree No. 194-2004 dated 17 December 2004 published in
[249] Article 394-E, Renovated addition according to Decree No. 194-2004 dated 17 December 2004 published in the
Official Gazette No. 30, 585 dated December 31 , 2004 and effective as publication.
[250] Article 394-F, as amended by Addendum according to Decree No. 194-2004 dated 17 December 2004 published in
[251] Article 394-G, as amended by Addendum according to Decree No. 194-2004 dated 17 December 2004 published in
[252] Article 394-H, Renovated addition according to Decree No. 194-2004 dated 17 December 2004 published in the
[253] Article 394-I, as amended by Addendum according to Decree No. 194-2004 dated 17 December 2004 published in the
[254] Article 394-J, as amended by Addendum according to Decree No. 194-2004 dated 17 December 2004 published in the
[255] Article 394-K, as amended by Addendum according to Decree No. 194-2004 dated 17 December 2004 published in
[256] Article 394-L, as amended by Addendum according to Decree No. 194-2004 dated 17 December 2004 published in
[257] Article 394-M, as amended by Addendum according to Decree No. 194-2004 dated 17 December 2004 published in
[258] Article 394-N, as amended by Addendum according to Decree No. 194-2004 dated 17 December 2004 published in
[259] Article 394-O, as amended by Addendum according to Decree No. 194-2004 dated 17 December 2004 published in
Article 2. C.- penalty may not be imposed security measure or security
inconvenienced if the act or omission not injured or put in real danger a legal
right protected by the criminal law . [4]
Article 2. D. Penalties and security measures will be imposed only when
necessary and in proportion to the seriousness of the act committed.
In no case may impose a security measure if not as a result of an act or omission
described as an offense under criminal law. [5]
Article 3. The Criminal Law Honduran any person who commits an offense in
the country and elsewhere subject to the jurisdiction of Honduras, with the
exceptions stipulated in international law will apply.
Article 4. The Honduran Criminal Law apply to those who have committed
abroad crimes against public health, public faith, the economy or internal or
external security of the State; regulated in Titles V, IX, X, XI, and XII of Book II
of this Code.
It also applies when a public official or employee Honduran committed abroad
crimes against national public administration regulated in Title XIII of Book II,
said . [6]
Article 5. Courts Hondurans know also offenses committed abroad when the
accused is in Honduras and either of the following situations:
1)
2)
3)
4)
5)
Article 6. They will not have the value of res judicata foreign criminal sentences
handed down over the offenses referred to in Articles 3 and 4 above. However, the
penalty that the offender has complied fully or partially, under some of said
sentences, or the issued regarding items 1), 2) and 4) of section 5, above, will be
deducted from the to be imposed in accordance with Honduran law if both are
similar in nature; If they are not, the new penalty is prudentially dim . [8]
Article 7. The minina and maximum duration of abstract penalties established in
the special criminal laws issued before the date of entry into force of the current
Code, will be determined based on the demonstration table as the current text at
the time of its repeal or, where applicable on the date of the offense.
Specific penalties to be imposed on offenses under special criminal laws, be
determined by applying the rules in the current Penal Code. Excepted from the
application of the provisions of this Article those laws as the Military Code establish
its own rules for determining penalties. [9]
Article 8. Honduran Penal Law shall not apply to foreign heads of state who are in
the country or diplomats and other persons who, under international law, enjoys
immunity agents.
Article 9. Penal laws are retroactive effect as favoring the accused, although those
come into effect any final judgment and the prisoner is serving the sentence
Article 10.- extradition of Hondurans will be granted in any case having committed
crimes abroad mechanism are located in national territory. The extradition of
foreigners may only be granted under law or treaty, for common crimes that
deserve no lesser penalty than one (1) year of imprisonment; and never for political
offenses but as a result of these prove a common crime.
Article 11. Judicial authorities may not create any offenses.
Article 12.- The general provisions of this Code shall apply to all offenses
punishable by special laws, as they do not provide otherwise.
TITLE II
THE CRIME
Article 13.- The offense can be done by action or omission and must necessarily
be fraudulent or culpable.
The offense is intentional when the result reflects the intention that had the run or
when the perpetrator knows, or is obligated to know, that as a result of the act or
omission is possible that a constituent harmful effect of crime occurs, however,
which it runs the fact and accept, therefore, the consequences arising therefrom.
The crime is culpable when it is a result of negligence, incompetence or negligence
or when results from failure to comply with a law, a regulation or orders, resolutions
or duties, given the circumstances and the personal circumstances of the
offender. The culpable offense is punishable only in cases specified by law.
In any case worth a culpable offense may be greater than that for the same offense
if it is committed intentionally, when this occurs, the penalty for intentional crime
lowered by one - sixth (1/6) will be imposed . [10]
Article 13-A. For criminal purposes are considered political crimes in Chapters I, II
and III of Title XI and II, V, VI and VII of Title XII of Book II of the Penal Code.
Related common crimes are politicians who have a direct or immediate relationship
with a political offense or be a natural and common to prepare, conduct or promote
this medium. [eleven]
Article 14.- The offense is consummated when he attend all elements of their legal
classification.
Article 15.- An attempt when, with intent to commit a particular crime,
unambiguous implementing acts are performed and is not consummated for
reasons beyond the control of the agent.
Article 16.- If the attempt will be carried out using inadequate or improper means
objects can be relaxed penalty or plead not punishable according to the
dangerousness fact revealed by its author.
Article 17.- The conspiracy to commit a crime are punishable only in cases
where the law expressly declare.
Conspiracy exists when two (2) or more persons are concluded for the execution of
the crime.
The proposal is set when who has decided to commit a crime proposes its
execution to another or others.
Article 18.- The crime is considered complete at the time of the act or omission,
even if it is another time result.
Article 19.- The crime is considered committed:
1)
2)
3)
Article 20.- A who by mistake or any other accident commits an offense against
any person other than the one against whom action is directed, will impute the
crime, but not the aggravating circumstances that come from the victim or links to it
. Mitigating the fact that would arise if any damage perpetrated in the other person,
be appreciated in its favor.
Article 21. No offense if the perpetrator causes a bad occasion to conduct a
lawful act with due diligence, by mere accident.
TITLE III
CAUSES exonerating
Article 22.- The causes exonerating from criminal liability are three (3)
classes, namely:
1)
2)
3)
CHAPTER I
Causes of Insanity
Article 23.- is not imputable:
1)
2)
CHAPTER II
Justifications
Article 24.- One is exempt from criminal liability:
1) who works in defense of his person or rights, or the rights of another
person or, provided that the following circumstances:
a) illegitimate aggression;
b) Need rational means employed to prevent or repel; Y
c) Lack of sufficient provocation which defends.
It shall be deemed to attend the three (3) circumstances regarding who rejects the
scaling or breaking of fences, walls or entrances of a house or apartment
inhabited, or its agencies, or uses violence against the strange man to her that he
is caught in the indicated places;
2) Who acts in defense of person or the right of a spouse or the person who makes
marital life, relatives to the fourth degree of consanguinity and second degree or
relatives by adoption in the same grades, always that the circumstances provided
in subparagraphs a) and b) above, and that should have preceded sufficient
provocation on the part of the defendant has not been involved in her defense;
3)
4)
This exemption extends to that caused damage to others' property, if the following
conditions:
a) reality of evil that is avoided;
b) that the evil is greater than that caused to avoid it; Y,
c) That no other practicable and less detrimental to prevent it.
You can not claim necessity who had a duty to confront the danger.
5)
Is understood to take the latter circumstance concerning the authority or its agents
and persons attending their aid, that in case of disobedience or resistance or to
prevent the escape of an offender using means provided repression, always
preceding intimation Formal and,
6) Whoever performs an act of obedience, provided that:
a) The order is issued by competent authority;
b) The agent is required to comply; Y
c) the act or omission ordered not violate or restrict the exercise of the rights and
guarantees enshrined in the Constitution of the Republic and in international
human rights treaties to which Honduras is part . [13]
CHAPTER III
CAUSES OF exculpation
Article 25.- Neither criminally liable:
1)
2)
3)
TITLE IV
CIRCUMSTANCES AMENDING criminal liability
CHAPTER I
Mitigating circumstances
Article 26.- are extenuating circumstances:
1)
2)
3)
4)
5)
6)
7)
8)
9)
10)
eleven)
12)
13)
14)
CHAPTER II
Aggravating circumstances
Article 27.- Aggravating circumstances:
1)
2)
There is treachery when the culprit commits any offense against life and bodily
integrity, by means, modes or forms in the execution which tend directly and
specially to secure them, without risk to their person comes from the defense that
could do the offended ;
3)
4)
5)
6)
7)
8)
9)
10)
11)
12)
13)
The courts may not take into account this circumstance and accidents according to
the nature of the offense;
14)
fifteen)
16)
17)
18)
19)
twenty)
twenty-one)
22)
2. 3)
This circumstance can not be taken into consideration by the courts, or be
appreciated as attenuating according to the nature, accidents and the effects of
crime;
24) The violation of special duties that relations of respect, friendship, gratitude,
dependence or hospitality imposed on the accused about the victim;
25) being reincidente; Y,
26) to prevail in inimputables subject to the offense.
CHAPTER III
Recidivism and habitual
Article 28.- repeated offense which incurs a new offense no later than five (5)
years from the sentence for a previous offense in the country or abroad, has
served his sentence or not. Are not counted in the said period of five (5) years the
time that the private continueth probation for preventive detention or punishment.
Article 29.- habitual offender is considered who having been convicted of two (2)
or more previous offenses committed in the country or abroad, whether it has
complied with the penalties or not, actions prove defined the crime trend, concept
the court for the kind of life that bears his inclination to idleness, inferiority of the
environment in which it operates, cultivating relationships mobile crime, and other
records of a similar nature.
Article 30.- There is no recidivism or habitual between intentional and culpable
offense; between common and military offense; between common and political
crimes; and between crime and lack.
TITLE V
COMPETITION AND CRIME OFFENDERS
CHAPTER I
PARTICIPATION IN CRIME
Article 31.- crime are criminally responsible perpetrators and accomplices.
Article 32.- authors who take a direct part in the implementation of fact, those
who directly force or induce others to run and cooperating to execution by
an act without which was not effected is considered.
In crimes of omission, they are authors who do not do what the law commands
cause the omission or cooperate with it.
Article 33.- Accomplices are those who, being found not included in the
previous article, cooperate in the execution by previous or simultaneous
acts.
If the particular circumstances of the process proves that the accused of complicity
would not cooperate but in a less serious act committed by the perpetrator, the
penalty will be applied to the accomplice only because of the act that he tried to
run.
Article 34.- When the case of offenses committed by a mob, the following
provisions shall apply:
1)
2)
Article 34-A. For crimes committed on behalf of a corporation personally
liable legal representatives thereof which have made the wrongful act or
omission possible. Liability, however, will rest on the legal person. [14]
CHAPTER II
COMPETITION OFFENSES
Article 35.- Al guilty of two (2) or more offenses will be imposed all the
penalties for various infractions.
The sentenced fulfill their sentences concurrently, if possible. When not be
possible, or if it is illusory any of the penalties, the turns on, beginning with the
largest, or are the ones for the most serious crimes.
However, the duration of cumulative sentences for several offenses shall not
exceed thirty (30) years.
Article 36.- The provisions of the preceding Article shall not apply in the
event that a single act constitutes two (2) or more offenses or when one of
them is a necessary means to commit the other.
In these cases for the offense that has marked higher penalty, increased by one-
fourth (1/4) the penalty shall be imposed.
Article 37.- When the same offense against property two (2) or more times, either
at one time or at different times, by acts or omissions performed pursuant to a
preconceived plan or taking advantage of the same or similar circumstances
comet, these offenses are considered as one continued.
In such a situation the agent will apply the most severe penalty, increased by two
(2/3) thirds. If in doubt, it shall be more severe penalty that has marked the highest
maximum.
The provisions of the preceding paragraph shall not apply if it is more favorable to
the accused the imposition of any applicable to concurrent offenses.
The requirements of the last part of the second paragraph of this article and the
preceding paragraph shall apply to what is established in Article 36. [15]
TITLE VI
PENALTIES
CHAPTER I
CLASSES PENALTIES
Article 38.- Punishments are divided into principal and accessory: [16]
They are principal penalties: imprisonment, imprisonment, fines, disqualification
and disqualification.
They are additional penalties: The civil interdiction and seizure.
The absolute disqualification or especially imposed as an additional penalty to
imprisonment, provided that the law does not impose as a primary penalty in
certain crime.
CHAPTER II
LASTING NATURE AND EFFECTS OF PENALTIES
Article 39.- The imprisonment subject the offender to work for the duration of the
sentence in public works or work within the establishment, in accordance with the
law governing the prison system . [17]
Article 40.- When the imprisonment exceeds three (3) years, will be fulfilled in
a national penitentiary; it does not exceed that period, it shall be completed
Departmental or prisons, without prejudice of what has the following article.
Article 41.- The Executive Power, whenever it deems it appropriate due to the
increased safety or for any other reason you can, with knowledge of the
Supreme Court, have to move to a penitentiary inmates sentenced to
imprisonment , who are serving their sentences in other prisons.
Article 42.- If imprisonment not exceeding six (6) months, may be detained in
their own homes women of good reputation and people over seventy (70)
years or valetudinarias. The same treatment is given to these people, if the
applicable penalty outside the prison.
Article 43. Women and men under twenty (21) years and over eighteen (18)
fulfill the imprisonment in special institutions; and, if not any, in separate
and independent sections, where they will work appropriate to their
condition.
Article 44.- Exempted from the obligation to perform the work of the
consigned manner in Article 39:
1)
2)
Article 45.- When prisons are not properly conditioned, not the deprivation of
liberty of women will run it
They are found pregnant but six (6) months after parturition occurred. If the child
dies, the deprivation of liberty begin to be fulfilled four (4) weeks after childbirth or
abortion. In these cases, and in the custody, it is subject to the provisions Article
42. [18]
Article 46.- A prisoners for political offenses will be kept separate from
prisoners for common crimes.
Article 47. Imprisonment punishable subject to the deprivation of liberty in local
jails, with the obligation to work on tasks within the establishment. [19]
Article 48.- The disqualification is meant for public posts or positions, political and
professional rights holders during the duration of the sentence and produces:
1)
2)
3)
Article 49.- The disqualification penalty is meant for a particular public office
or employment, profession or political rights holder for the duration of the
sentence and produces:
1)
2)
Article 50. - Repealed [20]
Article 51.- The fine requires the defendant to pay the state the amount of money
that this Code or special laws determine or set the judge in each case within the
legal limits, taking into account the economic capacity of the offender and the
severity of damage caused by the crime.
The fines will be paid on the Treasury of the Republic or the institution of the
National Financial System that the Secretary of State for Finance authorized for
that purpose. [twenty-one]
Article 52.- Prior granting of real or personal surety may be authorized to pay
the fine in installments, the amount and payment date will mark the judge,
taking into account the economic conditions of sentencing.
Article 53. Replacement of the penalty fine work for the community. If you do
not pay all or part of criminal fine, either voluntarily or by enforced, will switch,
proven financial insolvency of the accused by the report of the socio-economic
study that will issue the worker (a) social assigned or your Judge default
implementation for community work. The conditions and the deadline for
compliance with the work or community work shall be determined by the
enforcement judge in oral hearing with the participation of the Prosecutor, taking
into account the home of the family and the formation of the convicted and the
minimum wage established by the State. Missing the deadline or conditions will
result in the initiation of criminal prosecution for the crime of disobedience.
A fine or period for community work where applicable, will be deducted the value at
the time the offender has been detained at a rate of equivalent value to the
community work day assigned or corresponding to the region minimum wage,
question whether a misdemeanor or a felony.
If the wayfarer regains its ability to pay, we will proceed to enforce the fine in
proportion.
Paid the fine or fulfilled in your case assigned community work, the ultimate
freedom of the condemned decree. [22]
Article 54.- The civil interdiction is the suspension of parental rights, guardianship,
custody and asset management, but the injunction may have the own by will.
. Article 55.- Confiscation is the loss of the effects arising from a crime or offense,
and running instruments, unless they belong to a third party not responsible for the
fact.
Article 56.- In all cases that will do impose the payment of costs, both
procedural will be understood as personal, and also the costs incurred by
the trial and not included in the costs, which shall be assessed in same way
as those.
Article 57.- If the assets of the guilty WHATSOEVER not enough to cover the
financial liabilities, they shall be met in the following order:
1)
2)
3)
4)
In the event of insolvency or bankruptcy, these loans will graduate regarded as one
among those who do not enjoy preference.
Article 58.- The imprisonment and prison will begin to be counted from the
day the inmate is apprehended, discounting long as I remain released.
The absolute disqualification and especially as major penalties, shall be counted
from the declaration of guilty or have been declared in the formation of cause.
Article 59 shall not be deemed as penalties:
1)
2)
3)
4)
Article 60.- For the purposes of this Code, the days will be counted twenty-
four (24) hours in a row, and the months and years from date to date.
Article 61.- will only be commutable law:
1)
2)
The Switching this be paid in cash in the Treasury of the Republic or the institution
of the National Financial System that the Secretary of State for Finance authorized
for the purpose.
If the accused or convicted person lacks the financial means to commute the
prison or detention, it was commuted to work for the community. Conditions and
deadlines be set in the same terms set forth in Article 53 of this Code.
The provisions of this Article shall not apply to those who have been previously
convicted of a felony; Where provided a special law, or when appreciated the
special conditions of the condemned, mobile of his conduct and the circumstances
of fact, its origin is not motivadamente established, according to the judge. [2. 3]
CHAPTER III
PENALTIES TO CARRY other accessory
Article 62. Imprisonment for more than five (5) years as accessory takes
absolute disqualification for the duration of the sentence and civil interdiction.
Article 63.- The term of imprisonment does not exceed five (5) years as
accessory carries the special disqualification and civil interdiction.
Article 64.- The sentence shall include the confiscation and payment of costs in
cases where applicable.
CHAPTER IV
APPLICATION OF PENALTIES
Article 65.- Whenever the law generally point out the penalty of a crime, it is
understood that imposes the author of the completed crime .
Article 66.- The author of an attempt and accomplice completed crime is
punishable with the penalty applicable to the author of the completed crime
reduced by one third (1/3).
If the offense is punishable with imprisonment for life they shall apply for twenty
(20) to thirty (30) years imprisonment. [24]
Article 67.- The accomplice of attempt was downgraded to four sixths (4/6) to five
sixths (5/6) parts penalty applicable to the author of the completed crime.
In the event that the offense is punishable with imprisonment for life will be applied
accomplice attempted, the penalty of twenty (20) to thirty (30) years of
imprisonment [25]
Article 68. When this Code available that increase or decrease a penalty in a
given share or fraction, is increased or decreased, where applicable, the maximum
and the minimum in the corresponding proportion, and the new sentence being
fixed within whose limits their application in accordance with the following article
graduated. [26]
Article 69.- The judge determine the sentence the penalty for the accused within
the maximum and minimum specified by law for each offense and the
circumstances under which it was committed. Such rules should take account
of their personal history, their degree of dangerousness, mitigating and aggravating
circumstances that have concurred on the fact appreciated both in number and,
above all, by its magnitude and importance, and greater or lesser extent of evils
caused by the offense, particularly those of an economic nature.
In the grounds of the judgment the Court expressly mentioned the circumstances
mentioned in the preceding paragraph has taken into account to determine the
extent of the penalty. [27]
CHAPTER V
CONDITIONAL SUSPENSION OF THE EXECUTION OF THE
SENTENCE
Article 70.- In the sentence the courts may suspend execution of the
sentence, for a trial period of five (5) years for offenses, and two (2) years for
faults, if concur the following requirements:
1)
2)
3)
Article 71.- benefit established in the foregoing, whom, according to the rules
given in this Code should be subjected to security measures Article shall not
be granted.
Article 72.- The conditional suspension of execution of sentence shall not extend
to ancillary and other effects of the sentence penalties. Nor shall exempt from civil
obligations arising from the crime.
Article 73.- The judge hearing the case will the accused personally the necessary
warnings about the nature of the benefit granted and the reasons that may cause
its cessation, which shall state on the record by record.
Article 74.- must be effected conditionally suspended punishment when convicted
within the deadlines: be guilty again or does not fulfill the civil obligations arising
from the crime or misdemeanor.
He imposes another sentence for a crime or offense committed prior to that
was the subject of the suspended sentence.
Article 75.- If during the probation period, the offender incurs in the facts
mentioned in the previous article, it shall be extinguished sentence by order
of the trial court.
CHAPTER VI
CONDITIONAL FREEDOM
Article 76.- The Court of First Instance heard the case, may grant parole to
the offender who has completed more than half of the sentence in cases of
conviction or imprisonment exceeding three (3) years and not pass twelve
(12) years; or who has suffered three quarters (3/4) of the sentence when it
exceeds twelve (12) years, and also attend, in both cases, the following
circumstances:
1) That the offender has not been convicted ejecutoriamente previously by
another criminal offense.
2) Have good behavior during their stay in the penal institution and
contracted work habits, order and morality, which patenticen repentance and
purpose of amendment.
3) That the thing is restored and repaired the damage in cases of property crimes
and fulfilled other civil obligations arising from the crime, or demonstrate their
economic inability to meet the latest.
Article 77.- The resolution that the benefit of parole is granted, the judge may
impose any of the security measures specified in paragraphs 4,5 and 6 of Article
83.
Article 78.- The trial period will be subject who enjoy the benefit of parole will
equal that lacks to fulfill the sentence.
If during the period incurred evidence in a new offense or violates the security
measures imposed, probation will be revoked and will be effective the part of the
sentence that has failed to comply, without counting on it, the time has remained
on freedom.
Article 79.- Upon expiry of the probationary period without the beneficiary
has incurred the facts giving rise to the revocation of parole, it shall be
extinguished it.
TITLE VII
SECURITY MEASURES
Article 80.- No security measures be enacted without legal provision which
authorizes or outside the cases determined by law.
Article 81.- The security measures may be ordered by the judge in
sentencing, either conviction or acquittal, but at any stage before judgment,
that official may order an interim basis, the admission of unimpeachable
within the paragraph 2 of Article 23, in the appropriate setting.
Article 82. Unless otherwise provided by law, the security measures will
apply indefinitely. May at any time amend or revoke judges its resolutions in
this regard, if amended or cesare the state of dangerousness of the accused.
Article 83.- The security measures that may apply, are as follows:
1)
2)
3)
4)
5)
6)
7)
8)
When the measures under paragraphs 4 charges are assessed), 5), 6) and 7), the
offender shall declare before the judge hearing the action, your current address
and report changes that hath such address.
Article 84.- Judges who declared exempt from punishment the accused in cases
of paragraphs 2 and 3 of Article 23, will have his stay in a psychiatric facility for a
year at least.
Article 85.- may also order, after completion of sentence if the offender still deem
dangerous, the deaf or suffering from mental abnormality who is not absolute
insanity, be placed in an educational establishment or special treatment.
Article 86. Criminals referred to Article 29 will be subjected, according to the
degree of danger that demonstrate, working scheme corresponding to the
institutions mentioned in paragraph 2 of Article 83; admission that decree when
served the sentence, the judge considers that it has been ineffective with regard to
the rehabilitation of offenders.
Article 87.- In the cases of Article 16, the Court put to the defendants, according
to their degree of danger, a special labor regime in one of the institutions referred
to in paragraph 3 of Article 83.
Article 88.- Where no adequate establishment, the measure of placement
according to their nature, be fulfilled in Annex or special section of a penal
institution.
Article 89.- The measure of internment will not cease, except by court ruling after
hearing the public prosecutor, and previous medical report, showing that the
accused can be subjected to probation without danger of harm.
Article 90.- The probation for the duration of circumstances that brought it,
consist for the mentally ill, drug addicts or habitual drunkards in entrust the
care of his family or a guardian, under the immediate supervision of the
competent authority, the obligation subjecting them to medical treatment and
periodically inform the respective judge.
In other cases, monitoring shall be the judicial police in the manner prescribed by
the judge.
By applying this measure, the court shall prescribe rules of conduct aimed at
preventing further infringements of the law. The judicial police will be organized
and will be under the jurisdiction of the Supreme Court.
Article 91.- When circumstances require, the judge may , at its prudent discretion,
impose the convict who has served a sentence or a security measure, the
prohibition to reside in a particular place for one (1) year at least.
Article 92.- Prohibition from going to certain places shall be imposed on convicted
of a crime under the influence of alcohol or toxic drugs, narcotics or drugs. These
prohibitions will last one (1) year at least and contrary force to be replaced by
probation.
Article 93.- The bond of good conduct is the personal guarantee, mortgage,
pledge or trustee, provided to the satisfaction of the judge and the term stated in
the judgment that the subject does not perpetrate dangerous new offenses , and
that will not meet standards of conduct that are imposed during a trial period, which
shall not be less than one (1) year nor more than five years (5).
This measure will apply in all cases where the Judge deems appropriate,
especially the perpetrators of crime of danger, without prejudice to the penalty
when incurred. The bond will be effective for the Treasury when subjected to this
measure violates the rules of conduct imposed; Otherwise, at the end of the period,
the return of the deposited amount, the extinction of the bond or the cancellation of
the pledge or mortgage obligation that has been made will be ordered.
Article 94.- The judge imposes sentence of more than three (3) years'
imprisonment to a foreigner, or if this were a repeat offender, whatever it may
order his expulsion from the national territory, in accordance with the law,
which will be executed upon completion of sentence.
Article 95. Imposing security measures prevent foreign administrative
expulsion in cases provided by law.
TITLE VIII
EXTINCTION OF CRIMINAL LIABILITY AND ITS EFFECTS
Article 96.- Criminal liability is extinguished:
1)
2)
3)
4)
He pardoned can not live without the consent of the victim, at the home in which he
lives or, failing that, your spouse, parents, children, and siblings. This ban will last
for all time that had not been pardoned should last sentence;
5)
In crimes or offenses committed against incapable persons not included in the
latter part of the preceding paragraph, the judges or courts rejected the
effectiveness of forgiveness granted by the representatives of those if there are
reasonable grounds to believe that was granted taking direct pecuniary or personal
interests respective representative. In such a case, they ordered the continuation
of the procedure with the intervention of the public prosecutor or the enforcement
of the sentence.
To reject forgiveness in the previous paragraph referred to the judge or court shall
hear the representative of the ward;
6)
7)
Notwithstanding the provisions of paragraphs 6) and 7) of this Article, they are
imprescriptible prosecution and punishment for those offenses that is applicable
deprivation of liberty for life or it is entered as its ceiling. [28]
Article 97.- The criminal action prescribes:
1)
However, the term prescription shall in no case less than two (2) years;
2)
3)
4)
The preceding rules are without prejudice to those established by the Constitution
of the Republic. [29]
Article 98.- The prescription of criminal action begins to run from the day
when the offense was committed; and the continuing crimes, since the day it
implements the latter fact the last action or act is committed.
In the case of attempt, the prescription shall be counted from the day when his
execution was suspended.
The prescription of prosecution for the crime of bankruptcy will run from the day
you sign the declaration has been fraudulent or culpable insolvency. [30]
Article 99.- The prescription of criminal proceedings will be interrupted since
the procedure is initiated against the culprit, running back prescribing time
since his prosecution be halted for any reason.
Article 100.- The penalties imposed by a final judgment prescribed in the
terms set forth in Article 97.
This time limitation shall be counted from the date on which the judgment becomes
final, or from the date of breach of sentence, if any.
Article 101.- The prescription is interrupted it will have no effect elapsed time,
when the offender commits another crime, without prejudice to start running again.
Article 102.- The exercise of the action to claim civil liabilities arising from the
crime does not interrupt the prescription of prosecution or punishment.
Article 103.- The amnesty and pardon does not extinguish the right to
compensation for damage caused by the crime.
Article 104.- When the defendant is present or there is elapsed after half the
time required to prescribe criminal prosecution or punishment, the judge
must take account of that period to a reduction of one third (1/3) to half (1/2)
the penalty to be applied or imposed by the sentence.
This reduction does not apply to requirements not exceeding one (1) year.
TITLE IX
LIABILITY
Article 105.- Anyone who incurs criminal responsibility for a crime or
misdemeanor is also civilly liable. [31]
Article 106.- Exemption from criminal liability stated in paragraphs 2 and 3 of
Article 23, paragraph 2 of Article 24 and paragraph 1 of Article 25, does not
cover civil liability, which will be effective subject to the following rules:
1)
In both situations will rise to the benefit of competition.
2)
Courts point out, according to his prudent judgment, the proportional fee which
each interested party must respond.
3)
Article 107.- Civil liability includes:
1)
2)
3)
Article 108.- The refund shall be made of the same thing, whenever possible,
with payment of deterioration or impairment in the Court and although it is
found the thing held by a third party who lawfully acquired, except the right
to repeat against whom it may concern. The latter does not apply to third
party has acquired the thing in the manner and with the requirements
established by law to make irreivindicable.
Article 109.- The compensation for material damage will be done through
financial compensation to be fixed entity valuing all economic damages
caused by the act or omission punishable, considering the price of the thing,
and whenever possible, the value of condition has had to the victim; and it
will only be required where there is no place to restitution.
Article 110.- The compensation for moral damage, offenses against honor,
dignity or honesty, or in other cases of damage to the interests of moral
order, consist of monetary compensation that Judge prudentially determined
by the circumstances of the infringement, the conditions of the injured
person and the nature and possible consequences or gotten grievance
suffered.
Article 111.- Compensation for damage shall include not only those who
have caused the injured party, but also that may have been allegedly caused
by reason of the crime, his family or a third party. The Tribunal shall regulate
the amount of such compensation in the same terms set out in Articles 109
and 110 to repair the damage.
Article 112.- The obligation to restore, repair the damage and compensate the
damages to the heirs of the person responsible is transmitted.
The action to seek restitution or compensation is also transmitted to the heirs of the
injured.
Article 113. In the case of two (2) or more persons who must respond civilly
liable for an offense, the judgment shall indicate the share of responsibility
of each.
Authors and accomplices, however, each within their respective class shall be
liable severally for their contributions and secondarily by corresponding to those of
the other class.
Vicarious liability will become effective first property of the authors and then it's
accomplices.
In both cases becomes effective joint liability as the subsidiary, to be buffered from
the right repeat has been paid by another. [32]
Article 114.- Whoever , without having participated in any crime, it has obtained
some economic benefit, is obliged to refund both on which he profited.
Article 115.- Repealed [33]
BOOK II
SPECIAL PART
TITLE I
Crimes against life and person
CHAPTER I
HOMICIDE
Article 116.- those who kill a person without attend the circumstances mentioned
in the following Articles of this chapter, commits the offense of manslaughter and
incur the penalty of fifteen (15) to twenty (20) years imprisonment.
The penalty shall be twenty (20) to thirty (30) years of imprisonment when the
crime victim was judicial, police, member of the Public Ministry, officer or employee
of Prisons authority when the crime was committed on the occasion or exercise of
their position or function. [3. 4]
Article 117.- is a murderer, who kill a person executing it with the
concurrence of any of the following circumstances:
1)
2)
3)
4)
The penalty for murder shall be twenty (20) to thirty (30) years imprisonment and
when you commit for payment, reward or promise of remuneration, or accompany
robbery or rape, the penalty shall be thirty (30) years deprivation life of freedom. [35]
Article 118.- is guilty of parricide who inflicts death to one of his parents or
children, your spouse or the person who makes marital life, and suffer the penalty
of thirty (30) to forty (40) years imprisonment. [36]
Article 119.- If death were to occur several people quarreling with each other ,
confused and riotously can be determined without causing injuries to deadly effect,
be imposed on those who have exercised violence on the victim, three (3) to six (6)
years of imprisonment.
Article 120.- Whoever for the purpose of causing injury to a person produces his
death, when the average employee reasonably should not cause it , shall be
punished with the penalty applicable to simple homicide decreased by one third
(1/3). [37]
Article 121.- The author of a wrongful death shall be punished with three (3)
to five (5) years.
If the author had committed the act as a result of being drunk or have used drugs
prohibited by law, it shall be punished with imprisonment of five (5) to eight (8)
years. [38]
Repealed Article 122. [39]
Article 123.- The mother to hide her shame, kills the child who has not
reached three (3) days old, shall be punished with six (6) to nine (9) years of
imprisonment. [40]
Article 124.- Who will try to kill himself, will be imposed a security measure in
an appropriate psychiatric treatment.
Article 125.- Whoever induces another to commit suicide or I'll lend
assistance to do so, shall be punished with imprisonment of three (3) to six
(6) years if consumare suicide. In the case of suicide shall not have been
consummated, the collaborator in the attempt thereof shall be punished with
imprisonment of one (1) to three (3) years.
CHAPTER II
ABORTION
Article 126.- The abortion is the death of a human being at any time during
pregnancy or during birth. Who intentionally causes an abortion will be
punished:
1)
2)
3)
Article 127.- the penalties mentioned in the preceding article shall be
imposed and a fine of fifteen thousand Lempiras (L.15, 000.00) to thirty
thousand lempiras (L.30, 000.00) doctor who, abusing their profession, cause
or cooperate in abortion.
The same penalties apply to medical practitioners, paramedics, nurses, midwives
or midwives who commit or participate in the commission of abortion. [42]
Article 128. Women produce its abortion or consents to another person would
cause shall be punished by imprisonment with three (3) to six (6) years. [43]
129. Revoked [44]
Article 132. Whoever by violence causes abortion, without the intention of causing
damage, up costing the state of pregnancy of the victim shall be punished by
imprisonment of four (4) to six (6) years. [47]
CHAPTER III
INJURIES
Article 133. The crime of injury who cause damage, affecting the body or
physical or mental health of another person. [48]
Article 133- purpose A.- who castrates, sterilizes by deception or by violent
means or leaves blind to another person, shall be punished by imprisonment
of six (6) to ten (10) years. [49]
Article 134.- The mutilation of a limb or principal body of a human being,
executed purpose, shall be punished by imprisonment of five (5) to eight (8)
years; whether it be from a non - primary member or organ, with
imprisonment of three (3) to six (6) years. [fifty]
Article 135 shall be punished with imprisonment:
1)
2)
3)
Article 136 shall be punished with imprisonment of one (1) to three (3) years, who
produces an injury which none of the harmful circumstances referred to the three
previous articles but it causes, illness or inability to work for not less than ten (10)
days nor more than thirty (30) days, or to produce the disablement or weakening of
a non - primary or leave visible and permanent scar on the face limb or organ
loss. [53]
Article 137. In the case of injury in brawl, but may determine the author
thereof, shall apply to those who have exercised violence in the victim a
penalty lowered by one third (1/3) of the prescribed by law for injuries
inflicted.
138. The injuries inflicted be sanctioned by a penalty equal to half (1/2)
corresponding to the intentional injury.
If the author had committed the act as a result of being drunk or have used drugs
prohibited by law, shall be punishable by two thirds (2/3) of the penalty applicable
to the corresponding willful injury. [54]
CHAPTER IV
CHILD NEGLECT AND PEOPLE helpless
Article 139.- Anyone who abandons a child under twelve (12) years, or a
person unable to be self-sufficient, by physical or mental illness or old age,
which The person was under his care or custody, shall be punished with one
(1 ) to three (3) years' imprisonment.
If a result of neglect result in the death of the abandoned, or any seriously
endangered the life of the same, or you may have caused injury or even serious
illness, the penalty shall be three (3) to six (6) years of imprisonment if the act is
not constituted for a crime more serious.
TITLE II
CRIMES AGAINST LIBERTY AND INTEGRITY PHYSICAL,
PSYCHOLOGICAL AND SEXUAL people. [55]
CHAPTER I
RAPE, statutory rape, indecent assault, kidnapping
Article 140. OFFENSE VIOLATION CONSTITUTES: sexual intercourse with a
person of either sex through violence or threat of causing a taxpayer, spouse
or partner of this home, one of his relatives within the fourth (4th) degree of
consanguinity or second (2nd) affinity serious and imminent harm.
For purposes of this Article shall mean sexual intercourse, which have vaginal,
anal or oral route. It will be punished by ten (10) to fifteen (15) years imprisonment.
They are special cases of rape sexual intercourse with a person of either sex when
without any violence or threat, meet any of the following circumstances. Such
cases shall be punishable by fifteen (15) to twenty (20) years of imprisonment and
are as follows:
1)
2)
3)
4)
5)
The same penalty cases of rape committed by more than one person, someone
repeat offender when the victim is pregnant are punishable, become pregnant as
a result of rape or when the victim is greater than seventy (70) years. [56]
Article 141.- commit acts of lust, who taking advantage of the conditions or
using the means indicated in the previous article victimizes another or others
in acts of lust different from carnal intercourse, shall be punished with
imprisonment of five (5) eight (8) years.
When the victim is under fourteen (14) years even if you have consented to the act
or being older taxpayer suffers from an incomplete mental illness or mental
development or retardation or private has reason or will or when any cause can not
resist the preceding sentence is increased by half (1/2).
When the acts of lust consisting in the insertion of objects or instruments of any
nature in the sexual organs or other natural orifices or artificial simulating the
sexual organs of the taxpayer body, the offender shall be punished with
imprisonment of ten (10) fifteen (15) years. [57]
Article 142. The rape of a person older than fourteen (14) and under eighteen
(18) years taking advantage of trust or authority hierarchy, is punishable by
six (6) to eight (8) years of imprisonment.
When rape is committed by deception is punishable by five (5) to seven (7) years
of imprisonment. [58]
Article 143.- sexual intercourse with parents or children, brothers, or relationship
between adopter and adopted, with stepparent, when the victim is over eighteen
(18) years constitutes the crime of incest, it will be punished by four (4) to six (6)
years imprisonment and will proceed under complaint of the injured party or his
legal representative.
When the victim is older than fourteen (14) and under eighteen (18) the penalty
shall be increased in a medium (1/2).
Article 144. Whoever for sexual character and by force, intimidation or deceit
abducts or retains a person shall be punished by imprisonment of four (4) to six (6)
years.
When the victim of this crime is a person under eighteen (18) years of age, it shall
be punished with the penalty provided in the preceding paragraph increased by
half (1/2). [59]
Article 145.- Repealed [60] This pending analysis.
The abduction of a person under eighteen (18) years shall be punishable with the
penalty provided in the preceding article, increased by one third (1/3).
Article 146. - Repealed [61]
Article 147.-A Who taking advantage of a situation of labor, administrative,
educational or similar hierarchical superiority, causing the victim labor instability,
disqualification in the performance of their work or job promotions or preventing
access to a job, reprisals rejection of indecent acts through innuendo or request for
sexual favors character for himself or for a third party, shall be guilty of the crime of
sexual harassment and shall be punished with imprisonment of one (1) to three (3)
years or disqualification for the same period, where appropriate, provided that the
advances or requests for sexual favors had been rejected before whom the
formula, or had, sincetimely, informed the working hierarchical authority or guild
that is affiliated with the taxpayer. [63]
CHAPTER II
COMMERCIAL SEXUAL EXPLOITATION OFFENSES
Article 148.- commits the offense of pimping, who promotes, induces, facilitates,
procures or submit to others in activities of commercial sexual exploitation, and
shall be punished with imprisonment of six (6) to ten (10) years and fine of one
hundred (100) to two hundred (200) minimum wages.
The above penalties shall be increased by half (1/2) in the following cases:
1)
2)
3)
4)
Article 149.- commits the offense of trafficking in persons who facilitate, promote
or run the recruitment, retention, transportation, transfer, delivery, harboring or
receipt of persons, within or outside the national territory, commercial sexual
exploitation, and it will be punished by eight (8) to thirteen (13) years of
imprisonment and a fine of one hundred fifty (150) to two hundred fifty (250)
minimum wages.
The previous sentence shall be increased by half (1/2) in the following cases:
1)
2)
3)
4)
5)
Article 149-A .- Whoever procures or allows exposure of persons under eighteen
(18) years, in centers that promote the commercial sexual exploitation, shall be
punished with imprisonment of three (3) to six (6) years and a fine fifty (50) to one
hundred (100) minimum wages.
Article 149-B.- Anyone using persons under eighteen (18) years of age in public or
private exhibitions or shows of a sexual nature shall be punished with
imprisonment of four (4) to eight (8) years and a fine of one hundred (100) to two
hundred (200) minimum wages.
Article 149-C.- sexual intercourse or acts of lust with people older than fourteen
(14) or under eighteen (18) years of age, made in return for payment or any other
consideration in cash or kind to the person under age or a third person, shall be
punished by six (6) to ten (10) years imprisonment.
Article 149-D.- The crime of pornography, who by any means whether direct,
mechanical or computerized, electronic or other support fund, produce, reproduce,
distribute, import, export, offer, market, or broadcast materials where the person
used and imagine of persons under eighteen (18) years of age in shares or
pornographic or erotic activities, will be punished with ten (10) to fifteen (15) years
imprisonment and a fine of two hundred (200) three hundred (300) minimum
wages.
Possession of pornographic material of children and adolescents will be punished
with four (4) to six (6) years of imprisonment.
Article 149-E.- Who to attract the influx of tourists, promote or carry advertising
programs or campaigns of all kinds, using any means to project the country
nationally and internationally, as an accessible tourist destination for the pursuit of
activities sex with persons of either sex shall be punished with imprisonment of
eight (8) to twelve (12) years plus a fine of one hundred fifty (150) to two hundred
fifty (250) minimum wages.
The penalties are increased in a medium (1/2):
1)
2)
CHAPTER III
GENERAL DISPOSITION
Article 152. In crimes covered by this Title shall through public action exerted by
the prosecution of its own motion or an interested party, when victims
WHATSOEVER persons under eighteen (18) years of age.
In crimes of rape and sexual exploitation covered by this Title, the action will be
prosecuted ex officio by the Public Prosecutor or at the request of the interested
party even if the victim is over eighteen (18) years of age.
In other crimes under this Title when the victim is of age will proceed under
complaint.
Article 153. Inmates offenses covered by Chapter I of Title II, shall also
be sentenced via indemnification to:
1)
2)
3)
I understood in paragraph 3) shall also apply to prisoners for crimes of commercial
sexual exploitation.
Article 154.- shall be punished as authors, parents, guardians, teachers, or any
person with abuse of authority or custom co - operate by as accomplices in the
perpetration of crimes under this Title.
Article 154-A.- For purposes corresponding shall mean commercial sexual
exploitation, the use of people in activities for sexual purposes where a payment or
promise of payment to the victim or a third party that trades with it.
Article 154-B.- Fines of this Title fixed in wages calculated based on the minimum
monthly salary in the largest scale by region and economic activity in the area.
TITLE III
Offenses HONOR
CHAPTER I
Libel, slander and defamation
Article 155.- Slander or false imputation of an offense giving rise to ex officio
proceedings, shall be punished by imprisonment of two (2) to three (3)
years.
If the slandered request, the operative part of the judgment in that slander one of
the largest newspapers in the country at the expense of processing declaration will
be published. [66]
Article 156. The defendant for the crime of libel be exempt from any criminal
penalty proving the fact that any accused. [67]
Article 157.- will be punished for slander, imprisonment of one (1) to two (2) years,
who uttered expression or execute action in dishonor, discredit or disparage
another person. [68]
Article 158.- The accused of slander may not present evidence of the truth of the
imputation, unless the victim is a public official or employee concerned and of facts
concerning the exercise of his office. In this case the accused will be acquitted if
he proves true the allegation.
Article 159. When the insulting statements are reciprocal, the court may in the
circumstances, declare them not punishable with respect to both parties or one of
them.
The same faculty will have the judge in the case of insults uttered in anger,
determined by the wrongful act of another and then immediately known.
Article 160.- is incurred defamation and punishment imposed on the guilty of
slander or libel, as appropriate, increased by one third (1/3), when the constituent
accusations of slander or libel is or may do for form through disclosure they can
muster against the offended public hatred or contempt. [69]
Article 161.- who will publish or reproduces, by any means, libel or slander
inflicted by another, he shall be punished as the author of the libel or slander in
question.
CHAPTER II
COMMON PROVISIONS
Article 162.- criminal libel, slander or defamation not only publicly but also through
allegories, caricatures, emblems or allusions is committed.
Article 163. There will be no place to continue the cause for libel, slander or
defamation.
1)
2)
Article 164.- The owners, managers or directors of advertising media are required
to display the signature covering the original writing or tape tape - containing film or
recordings or images in any whose publications are slandered, insulted or
defamed; and not doing it , they will be responsible for the crime in question.
Article 165.- If the victim requests it , the directors and failing, owners or managers
of media that has been made public libel, slander or defamation, inserted in them
recantation, satisfactory explanation or conviction within three (3) days following
the date of receipt or the term that the Court has indicated days.
Contravention of this rule, after a second request for the same period, is
punishable by a fine of fifteen thousand (lps.15, 000.00) to thirty thousand (lps.
30,000.00) lempiras, without prejudice to the respective publication. [70]
Article 166. The crimes of libel, slander or defamation can only be
prosecuted under complaint of the aggrieved than where the offense is
directed against public authorities or state institutions, and in general,
especially if thus constitute another crime punishable under this Code.
For this purpose authority also said to the heads of friendly or allied nations, their
diplomatic representatives and others who, under international law must be
understood in this provision. In such cases you can only be made excitativa the
Executive.
Article 167. No one may infer slander or libel actions caused at trial without prior
authorization of the judge or court shall know him.
Article 168.- If the victim dies before the expiration of the period specified for the
statute of limitations, or the offense was committed against the memory of a
deceased person the complaint may be filed by the spouse or any of the
ascendants, descendants and brothers of the deceased or heirs thereof.
Article 169.- The forgiveness of the offended extinguishes the crimes of libel,
slander and defamation against individuals, or penalty in his case.
TITLE IV
CRIMES AGAINST THE STATE CIVIL AND FAMILY ORDER
CHAPTER I
FANCY BIRTHS AND COUNTERFEIT MARITAL STATUS
Article 170.- The assumption delivery and replacement of one child for
another, shall be punished with the penalty of three (3) to six (6) years of
imprisonment. In the same shall incur one:
1)
2)
3)
CHAPTER II
ILLEGAL MARRIAGE CELEBRATION
Article 171. The person who contrajese second or subsequent marriage
without being legally dissolved the previous one, will be punished with two
(2) to five (5) years' imprisonment. The same penalty is imposed on anyone
who contract a marriage being single knowingly, with married person.
Article 172.- incur the penalty of imprisonment of one (1) to four (4) years.
1)
2)
Article 173. Officials authorizing marriages prohibited by law knowingly or without
the concurrence of any of the requirements of existence or validity thereof, shall be
punished by a fine of fifty thousand (L. 50,000.00) to one hundred thousand (
L.100.000.00) lempiras and disqualification of four (4) to six (6) years . [72]
Article 174. In all cases of intentional contrayente this chapter shall be liable to
pay compensation according to their ability to other party if he has married in good
faith.
Article 175.- The fine provided for in Article 173 above shall apply to ministers of
any religion that endorses a religious marriage without preceding the celebration of
civil marriage. [73]
CHAPTER III
INCEST
Repealed Article 176. [74]
CHAPTER IV
DENIAL OF FAMILY ASSISTANCE
Article 177. Whoever being legally bound, or by virtue of a judgment, after
being required irrefutably, fails without good cause to provide the
subsistence of the spouse and children under twenty (21) years or ward
under his guardian shall be punished with imprisonment of one (1) to three
(3) years.
The same penalty will incur who in similar circumstances, fails to provide the
necessary resources to their parents or children who are disabled, ill or unable to
work any cause.
Article 178.- who to avoid compliance with the maintenance obligation is placed
insolvent, transferred its assets to third parties, simulates obligations or use other
fraudulent means, shall be punished by imprisonment of two (2) to five (5)
years. [75]
Article 179.- The penalties provided in this Chapter shall not exonerated the
accused of his maintenance obligations.
CHAPTER V
DOMESTIC VIOLENCE
Article 179 A.- who use force, intimidation or persecution make a spouse or former
spouse, the person with whom coexists or has maintained a relationship or former
concubinage who has procreated a son, in order to cause physical harm or
emotional or damage your property, it shall be punished with imprisonment of one
(1) to three (3) years, subject to the penalty applicable to the injury or damage. The
same penalty applies when violence is exercised over the children or the children
of the persons mentioned they find subject to parental authority, or the minor or
incompetent person under guardianship or trusteeship or ascendants. [76]
Article 179- B. shall be punished with imprisonment of two (2) to four (4)
years who do ill-treatment work your spouse, ex-spouse, concubine or
former concubine or the person with whom he has procreated a son, in any
of the following circumstances:
to)
b)
c)
d)
and)
F)
g)
The provisions of this Article shall be without prejudice to the penalty applicable to
other offenses incurred. [77]
Article 179-C.- Notwithstanding the provisions of Article 15 of the Code of Criminal
Procedure, the offenses referred to in this Chapter and the previous action will be
public. [78]
TITLE V
CRIMES AGAINST PUBLIC HEALTH
Article 180. A who intentionally propagare a dangerous disease upon or causes
an epidemic by spreading pathogens, confinement of three (3) will be imposed on
six (6) years
Article 181. Whoever knowingly distributes or sells foodstuffs, medicines or
supplies substances in general, even without nutritional value, representing risk to
health or diseases can cause contamination, improper preparation or poor hygiene,
it shall be punished depending on the severity of injury, imprisonment of two (2) to
five (5) years, plus a fine of up to twenty (20) times the value of the product without
prejudice to the penalties that apply to other crimes committed as a result of these
actions. [79]
Article 181-A.- polluter all or part of the national territory, including waters,
waste, waste, waste or brought from abroad that produce or are capable of
causing damage to the health of people or the ecosystem substances will be
punished imprisonment of six (6) to twelve (12) years and a fine of one
hundred thousand (L. 100,000.00) to five hundred thousand lempiras
(500,000.00). [80]
Article 181- B.- The penalties established in the preceding article is also
imposed on anyone who inside or outside the country to promote or
otherwise manage the introduction into the national territory of waste, waste,
waste or substances that cause or are likely to cause pollution the
environment or harm to the health of people. [81]
Article 182.- who prepare food or therapeutic substances dangerously health,
shall be punished with imprisonment of one (1) to five (5) years.
The same penalty will incur who knowingly, we import, distribute, sell, export or
hold in escrow for distribution or sale, harmful to health or food substances
counterfeit, adulterated, damaged, contaminated or expired.
Article 182 A.- shall be punished with imprisonment of one (1) to six (6) years
without being legally authorized to effect dispenses substances, narcotics,
narcotics or analogs strictly pharmaceutical regulation, dispenses or acts as
intermediary in the purchase under twenty (21) years of products containing
organic compounds such as plastic cement, paint thinners and all kinds of glue that
occur when inhaled habit, habituation and dependencies, both psychic and
psychophysical. [82]
Article 183. It shall be punished with one (1) to three (3) years' imprisonment
who, exercising the drug trade, duly authorized by law, expendiere without
prescription, when this may be necessary or disagree with it , or provides
any kind, quantity or different from that prescribed by the physician quality.
The same penalty shall apply to anyone who, in the same case, sells medicinal
substances knowing that they have lost their therapeutic properties.
Article 184. If the offenses set in the four preceding articles result in the
death of any person, responsible be punished with penalty of homicide or
qualified, according to the circumstances in fact murder.
Article 185. In any case, food or harmful medicinal substances shall be
confiscated and sent to the Ministry of Health, for the corresponding legal
effects.
Article 186.- shall be punished with imprisonment of six (6) months to two (2)
years who violates the measures taken by the health authority in order to
prevent the introduction or spread of an epidemic, or an epizootic
susceptible to affect humans.
The penalty shall be increased by one-fourth (1/4) when the offender is an officer
or employee health, doctor, pharmacist or dentist, or pursues some of ancillary
activities of these professions.
Article 187. imprisonment of one (1) shall be imposed on three (3) years who
corrupts or Mess fountain, well or river, which serves drinking water, making
it harmful to health.
188. The doctor or professional who, having taken part in the diagnosis or
treatment of a disease, omits the notification that prevents the Health Code shall
be liable to imprisonment of three (3) months to one (1) year and a fine of one
hundred (L.100.00) to three hundred (L.300.00) lempiras.
Article 189. Whoever , without title or authorization to engage in health - related or
overstepping the limits of authorization, preach, prescribe, administers or applies
any chemical means for treating diseases of people, even in free professions shall
be punished with one (1) to two (2) years in prison.
Article 190.- who practices burial, exhumation and removal of bodies or human
remains in violation of relevant laws or regulations, it shall be punished by a fine of
five thousand (L. 5,000.00) to ten thousand (L.10, 000.00) lempiras. [83]
Article 191. Crimes against public health that were committed culpably, shall be
punished with the penalty, reduced by two (2/3) thirds.
TITLE VA
CRIMES AGAINST THE ENVIRONMENT
Article 191. A .- Repealed [84]
Article 191.-B. - Revoked [85]
Article 191. C.- Repealed [86]
Article 191. D.- Repealed [87]
TITLE VI
CRIMES AGAINST FREEDOM AND SECURITY
CHAPTER I
Kidnapping and illegal detention
Article 192 . Kidnapping . Shall be punished with imprisonment of twenty (20)
years imprisonment for life, even if not consiguiere its purpose, who with violence,
intimidation, deception or other form that vitiate consent, subtract, hold, move,
conceals or otherwise deprived of their liberty to one or more persons, with any of
the following purposes:
a) Get in exchange for the freedom of kidnapped or people, money, goods, title or
other utility or benefit;
b) Forcing someone to do or stop doing something; Y,
c) Advertising or politicians.
To attend any of the following circumstances, the penalty shall be:
1) Forty (40) years imprisonment to imprisonment for life if he or gives the place
thereby incur the death of kidnapped;
2) Thirty (30) years imprisonment to imprisonment for life if the kidnapped, or
anyone else dies on the occasion of the rescue process.
If the kidnappers desist freeing the victim and not have obtained the price claimed,
the penalty shall be ten (10) to twenty (20) years imprisonment.
If on the occasion of the release of security die members or any other person
involved, it is applied in paragraph 2 of this Article.
With the same penalty prescribed in paragraph 2, lowered the minimum sentence
by one third (1/3), punish those responsible, if the occasion of the rescue process,
the victim or any other person suffer injuries. [88]
Article 193.- Whoever cases mentioned in the preceding article unjustly deprives
another of his liberty, shall be punished with imprisonment of three (3) to six (6)
years. [89]
Article 194. Will aggravating circumstances for offenses under Articles 192, 193,
and 195, in addition to those mentioned in the general part of this Code, the
following:
1)
2)
3)
4)
5)
6)
Article 194. A . They are extenuating circumstances of the crime of kidnapping,
in addition to those mentioned in the general part of this Code, the following:
1)
2)
3)
Article 195. Whoever traffics Hondurans, or persons of any nationality or origin,
driving them or making them drive around the country, to introduce them illegally to
another State for any purpose, shall be punished by imprisonment of six (6) to nine
(9) years .
The penalty will be increased by one third (1/3) when the offenders are employees
or civil servants.
If as a result of the commission of this crime taxpayers suffer deprivation of liberty
abroad, are victims of crimes of any type or die of violent causes, even
accidentally, the penalty that the first paragraph shall be increased two thirds (2/3).
Article 196. Repealed [92]
Article 196- A.- Hondurans who participate or collaborate in Honduras with foreign
bodies or authorities in the illegal detention of national for trial abroad for crimes
committed within or outside the national territory shall be punished by
imprisonment of nine ( 9) to twelve (12) years. If public officials are the penalty
shall be twelve (12) to fifteen (15) years, plus absolute disqualification for twice the
duration of detention. [93]
CHAPTER II
CHILD ABDUCTION
Article 197. The abduction of a child of twelve (12) years by persons other than
their parents shall be punished by imprisonment of six (6) to eight (8) years. In the
same case, the removal of more than twelve (12) years and under eighteen (18)
years punished with imprisonment of four (4) to six (6) years . [94]
Article 198. - The same penalty established in the previous article shall be guilty,
who being found responsible person of a minor, do not introduce their parents or
guardians or shall give satisfactory explanation for his disappearance.
Article 199. Whoever induces a person under eighteen (18) years to leave the
home of their parents, guardians or caregivers, shall be punished by imprisonment
of two (2) to four (4) years . [95]
Article 200.- Whoever being responsible for raising a person under eighteen (18)
delivers a public institution or another person without the consent of one who they
have been entrusted, or authority, failing that , shall be punished imprisonment of
two (2) to four (4) years. [96]
CHAPTER III
COMMON PROVISION TO THE TWO PRECEDING CHAPTERS
Article 201.- Whoever abducts any person other than those listed in Article 192
mobile will be punished with twenty (20) to thirty (30) years if the person would find
no harm; when they realize their whereabouts or having accredits released, the
penalty shall be thirty (30) to forty (40) years.
If you are the offended person or shows that survived the event or who died
without the convicted person has been blamed in death, the penalty will be
reduced to ordinary detention or abduction, without prejudice to the other
responsibilities there incurred. [97]
CHAPTER IV
BREAKING AND ENTERING
Article 202.- The particular alien who comes into dwelling against the will of its
inhabitants or having entered with the express or tacit consent, abide in it despite
having been warned to leave, he shall be punished with three (3) months to one (1)
year of imprisonment.
If the above facts are ejecutaren with violence or intimidation or simulation of
authority, the penalty shall be one (1) to three (3) years' imprisonment.
Article 203. The enforcement officer, public official or employee who pave a house
without meeting the requirements prescribed by law, shall be punished with two (2)
to five (5) years imprisonment and disqualification for a time equal applied to twice
the seclusion . [98]
Article 204. The provision of the first paragraph of Article 202 does not apply to
one who enters the dwelling alien to avoid a serious evil to himself, to the
inhabitants or a third party, or who does render some service to humanity or when
requested by judicial authority.
Article 205. The provisions of this chapter does not apply in respect of cafés, bars
and other establishments serving the public while estuvieren open.
CHAPTER V
Coercion and threats
Article 206. Anyone who without being lawfully authorized impedes another with
violence, do what the law does not prohibit, or compeliere to execute what you do
not want, whether right or wrong, suffer imprisonment of three (3) months to two (2
) years.
Article 207. The individual who threatens another with causing harm to him or his
family, in his person, honor or property, whether that constitutes a crime or not,
shall be punished by imprisonment of six (6) months to two (2) years, and also the
security measures that the court may determine.
Article 208. Anyone who violently seizes a thing belonging to the debtor to make
payment thereof, shall be punished with imprisonment of three (3) months to one
(1) year .
Article 209. The enforcement officer, public officer or employee, who for the
confession of responsibility for certain crime or other similar purpose threatens
physical or moral violence to any person, shall be punished with imprisonment of
three (3) six (6) years and disqualification for a time equal or double applied to
confinement. [99]
Article 209 A.- commits torture the employee or public official, including prisons or
child protection center that abusing his position and in order to obtain a confession
or information from any person or punishing him for anyone or punishing him for an
act he has committed or is suspected of having committed, subjected to conditions
or procedures which by their nature, duration or other circumstances cause
physical or mental suffering, suppression or diminution of his faculties of
knowledge, insight or decision or otherwise violate their moral integrity. Guilty of
torture shall be punished by imprisonment of ten (10) to fifteen (15) years if the
damage was serious, and five (5) to ten (10) years if not be, absolute
disqualification for twice as long remainder of her term.
The above penalties shall be without prejudice to which they apply to injury or
damage to life, physical integrity, health, sexual liberty or property of the victim or a
third party.
When the crime of torture is committed by individuals, is desminuirá by one third
(1/3) the penalties provided for in the first paragraph of this article. [100]
CHAPTER VI
CRIMES AGAINST FREEDOM OF WORSHIP,
RELIGIOUS FEELING AND RESPECT TO DECEASED
Article 210. Whoever by violence forces another to perform a religious act or
unable to participate in ceremony of the same nature, shall be punished with
imprisonment of three (3) months to one (1) year.
Article 211. The same penalty as laid down in the previous article, incur who
disrupts or impedes, without just cause, holding a religious ceremony or function of
any religion allowed in the nation.
Article 212. Whoever causes damage to objects intended for worship or symbols
of any legally permitted religion, or publicly reproacheth such cults or its members
by reason of his office shall incur imprisonment of three (3) months to one ( 1 year.
Article 213. Whoever violates graves, grave or a funeral, or any other serious form
profanes a human body or its remains, you shall be punished by imprisonment of
six (6) months to two (2) years.
CHAPTER VII
VIOLATION OF SECRETS AND REVELATION
Article 214. Whoever without proper legal authorization, for any purpose, seizes
papers, correspondence, intercepts or does intercept your telephone or telegraph
communications, electronic media or computers, facsimiles or any other nature,
including electronic, will be sanctioned with six (6) to eight (8) years if it were a
particular and eight (8) to twelve (12) years if they involve a public official or
employee. [101]
Article 215. Whoever reveals without just cause, or used in own or another
's benefit a secret that has learned because of trade, employment, profession or
art, and thus causes harm to someone, shall be punished with imprisonment of
three ( 3) to six (6) years. [102]
CHAPTER VIII
CRIMES AGAINST FREEDOM POLICY
Article 216. Whoever cases provided for in the respective special laws by violence
or threats or coartare impedes the exercise of any political rights, shall be punished
with six (6) months to two (2) years' imprisonment.
TITLE VII
PROPERTY CRIMES
CHAPTER I
STOLE
Article 217. The crime of theft alien who seizes personal property, animals
included using violence or intimidation or force people into things .
Violence against people equate the fact snatch the victim by surprise thing carries
with it, or the use of means to weaken or nullify their resistance. [103]
Article 218. The theft guilty will be punished with five (5) to nine (9) years of
imprisonment.
Al guilty of stealing land motor vehicle, aircraft, ships and similar goods are subject
to a penalty of ten (10) to fifteen (15) years imprisonment.
The penalty for theft of cattle shall be seven (7) to ten (10) years
imprisonment. Small livestock theft is punished three (3) to seven (7) years. This
offense is aggravated theft of three (3) or more heads or a sheep. [104]
Article 218-A.- The owner of motor vehicles land, air, sea or inland waterway,
which alters the descriptions recorded for identification and registration thereof
without notifying the appropriate authority within fifteen (15) days following the
alteration, shall be punished with a fine of two thousand (L. 2,000.00) to five
thousand (5,000.00 L.) lempiras.
When the alteration by the owner is done in order to commit or conceal a crime,
the penalty shall be six (6) to nine (9) years of imprisonment. [105]
Article 218-B.- shall be punished by nine (9) to twelve (12) years imprisonment,
who doeth alterations referred to in the previous article, on a vehicle belonging to
others or had been robbery, theft or abandonment.
It shall be punished with the same penalty prescribed in the preceding paragraph
who knowingly collaborate, providing equipment, facilities or personal services for
that purpose. [106]
Article 218-C.- shall be punished with imprisonment of six (6) to nine (9) years,
who disarmament, appearance or change a motor vehicle that is in the conditions
of the previous article. [107]
Article 218-D.- shall be punished with imprisonment of nine (9) to twelve (12)
years, who hide or transfer any act or acquires a vehicle that was stolen, stolen or
abandoned. They excepted cases where the transaction is made in good faith. [108]
Article 218-E.- public servant who, using his position, orders, permits or directly
participate in the registration of motor vehicles, omitting any of the requirements
established by law, shall be punished by imprisonment of six (6) to nine (9 years.
The same penalty will be punished those having participated in the review of motor
vehicles false report this data to be registered or legalized. [109]
Article 218-F.- who to demand payment of insurance, or to obtain economic
benefit, for himself or for another person, simulates the theft or loss of motor
vehicle, shall be punished with imprisonment of seven (7 ) to ten (10) years. [110]
Article 219. The penalty prescribed in the above article is increased to one third
(1/3) when the theft is committed :
1)
2)
to)
b)
c)
d)
Increasing the first paragraph to be done when any of the circumstances
mentioned in Article 225. [111]
Article 220.- house is considered hostel inhabited all that constitutes the abode of
one or more persons, even if they are accidentally absent from it when the theft
hath place .
They are considered dependencies inhabited house or establishments listed in
paragraph 2 of the preceding article, corrals, warehouses, barns, barns, garages,
stables and other departments or fences and adjacent to the building sites, and
internal communication therewith and which form a single whole.
Article 221. Whoever has in his picklocks power or other instruments specifically
intended to execute the robbery, and does not communicate enough discharge of
its acquisition or conservation shall be punished by imprisonment of three (3)
months to one (1) year .
The same penalty shall incur the same purpose fabricaren that such instruments. If
there are locksmiths shall apply for one (1) to two (2) years' imprisonment.
CHAPTER II
Extortion and blackmail
Article 222. shall incur imprisonment of three (3) to nine (9) years:
1)
2)
3)
CHAPTER III
THEFT
Article 223. The crime of theft who: [113]
1)
2)
3)
Equates to chattel electricity, radio spectrum and other kinds of energy waves or
telephone systems, television facsimilares computer or any others that have
economic value. [114]
Article 224. Theft shall be punished with two (2) years to five (5) years of
imprisonment if the value of the thing stolen does not exceed five thousand
lempiras (L. 5,000.00) and four (4) to seven (7 ) years if it exceeds that amount.
Theft of land motor vehicles, aircraft, vessels and other similar goods is punishable
by imprisonment of five (5) to eight (8) years. [115]
Article 225. The penalties under the previous Article shall be increased by one
third (1/3) if the offense is committed :
1)
2)
3)
4)
5)
6)
7)
Article 226. The theft of cattle shall be punished by imprisonment of six (6) to nine
(9) years, if the value of the stolen exceeds five thousand lempiras (L. 5,000.00)
and four (4) to seven ( 7) years if it exceeds that value. [116]
Small livestock theft is punishable by imprisonment of two (2) to six (6) years, if the
value of the stolen exceeds five thousand lempiras (L. 5,000.00) and two (2) to five
(5) years if does not exceed said value. [117]
This offense is aggravated theft of three (3) or more heads or a sheep.
CHAPTER IV
USURPATION
Article 227. Whoever usurps a property or a real right shall be punished with
imprisonment of two (2) to four (4) years, subject to that as soon as the
corresponding right is proved in the case, the judge hearing the case order the
eviction of the property in question or the reinstatement of the corresponding
right. [118]
Article 228. The same penalties incurred in the previous article who alters terms or
boundaries of peoples, or inheritances, or any kind of signals intended to set limits
on adjacent properties.
Article 229. Whoever disturbs mentioned cases of violence or threats on people,
peaceful possession of a property, shall be punished with three (3) months to one
(1) year of imprisonment.
Article 230. Whoever without authorization and to the detriment of another
represe, swerve or stop the waters of a river, creek, stream, channel or source, or
usurps any right related to the course of such waters shall be punished by
imprisonment one (1) to three (3) years, subject to unduly destroy the works
done. [119]
Article 231. Whoever detente soil or for the right of way, road, street, garden, park,
green area, walk or other places of use or public domain or any other real estate
state or municipal space, will punished by imprisonment of three (3) to five (5)
years, without prejudice to vacate the ground or wielded space. When the well is a
beach wielded penalty increased by two thirds (2/3). [120]
Article 232. Repealed. [121]
CHAPTER V
INSOLVENCY PUNITIVE
Article 233. The merchant declared fraudulent bankruptcy under the Commercial
Code, shall be punished by imprisonment of two (2) to six (6) years and
disqualification special three (3) to seven (7) years .
Article 234. shall incur imprisonment of six (6) months to two (2) years and special
incapacitation one (1) to three (3) years, the trader declared bankruptcy guilty on
any of the grounds provided for in the Code of Commerce.
Article 235. shall be punished as accomplices of the crime of fraudulent
bankruptcy who carries out any of the following acts:
1)
2)
3)
4)
Article 236. When declared bankrupt a business enterprise, any director or
manager of the same as any cooperating on the execution in any of the unlawful
acts that motivaren, it shall be punished with the punishment of fraudulent or
culpable bankrupt you.
Article 237. Shall be punished with imprisonment of three (3) to six (6) years, if it
were merchant, and two (2) to five (5), if not the case, the debtor to evade paying
their obligations, alienates or encumbers property without notice authentically your
creditors, fifteen (15) days in advance, at least; or conceals his property, simulare
divestitures or credits, or be moving abroad without leaving any person
representing him, or enough to meet the payment of debt assets.
Article 238. shall incur imprisonment of one (1) to two (2) years non merchant
insolvent whose insolvency regardless of the result, in whole or in part, some of the
following facts;
1)
2)
3)
4)
5)
Article 239. shall be punished as accomplices of the offense under the
preceding article, who carries with respect to bankrupt any of the acts
enumerated in Article 235.
CHAPTER VI
FRAUD SCAMS AND OTHER
Article 240. The crime of fraud who under an assumed name, false titles, influence
or simulated quality, breach of trust, feigning own property, credit, companies or
negotiating or making use of any artifice, guile or deception, induces another in
error defraudándolo in their own or another benefit.
Article 241. The crime of fraud will be punished:
1)
2)
3)
The agent also be fined equal to ten percent (10%) of defrauded value. This
shall be without prejudice to the provisions of Articles 36, 37 and 53, where
applicable. [122]
Article 242. incur the penalties of the previous article:
1)
2)
3)
4)
5)
6)
7)
8)
9)
10)
eleven)
12)
13)
Article 243. Anyone who defrauds or harms another by any deception who is not
included in the foregoing Articles of this Chapter, shall be punished by a fine of five
thousand (L. 5, 000.00) to ten thousand (L. 10 000.00 ). In case of recidivism the
punishment shall be equal to twice the previous one . [123]
CHAPTER VII
Profiteering and speculation
Article 244. The crime of usury the lender to require its debtors, in any form
greater interest to the current average interest in the National Financial System on
the date the loan contract increased six (6) points even if such interest it conceals
or disguises in any manner or be given another name.
They will be considered as loans, which made people registered as non - bank
lenders or are recognized as such by notoriety even if the obligation is formalized
by security or any other document.
Usury crime shall be punished by imprisonment of four (4) to six (6) years, plus a
fine equal to twenty - five (25%) of the loan amount. [124]
Article 245. The same penalty the preceding article shall incur the taking
advantage of the urgent need, lightness or inexperience of a person, he doeth give
or suggest in any way, for himself or for another, pecuniary advantage than thirty
percent (30%) of its provision, or accords guarantee extorsivo character.
Article 246.- who regularly lend money without collateral or not and is enrolled in
the corresponding official register or carry ledgers shall be punished with
imprisonment of three (3) to six (6) years and a fine of fifty thousand ( L. 50,
000.00) to one hundred thousand (L.100, 000.00) lempiras. [125]
Article 247. Whoever increase prices of goods or public services above those set
by the competent authorities in accordance with the law shall be punished with
imprisonment of three (3) to five (5) years and a fine of twenty thousand (L. 20,
000.00) to fifty thousand (L. 50, 000.00) lempiras. [126]
CHAPTER VIII
SPECIAL CRIMES AGAINST PROPERTY
Article 248. Whoever violates the rights of authors of literary, scientific or artistic
works and others by the law of copyright and neighboring rights shall be punished
with imprisonment of three (3) to six (6) years, plus a fine fifty thousand (L.50,
000.00) to one hundred thousand (L. 100, 000.00) lempiras.
The same penalties will incur, who imports, exports or keeps them in stock copies
of such works or productions or performances without the said authorization. [127]
Article 248-A. The same penalties of Article 248 shall be punished natural or legal
persons without permission of the respective holders of the copyright or related
rights used for commercial purposes, television signals transmitted by means of
satellites or reproduce or projected videos, movies or other similar works which by
their nature are or should be protected by the law of matter.
The same penalties shall be punished those who use the radio frequency spectrum
without authorization from the appropriate authority. [128]
Article 248-B. Circumvention of effective technological measures. The same
penalties shall be liable, who without authorization from the respective holders of
Copyright and Neighboring Rights circumvents or evades any effective
technological measure that controls access to a work, performance, or phonogram,
or other protected subject matter .
Are excluded from criminal liability, which run the exempted activities set out in
Title VI, Chapter II, Section 1 of the Act Implementing the Free Trade Agreement,
Dominican Republic, Central America, United States. [129]
Article 248-C.- Violation of Management Information Rights.-
Mimas penalties in Article 248 shall be guilty, who in order to achieve a commercial
advantage or private financial gain and knowing that this act will induce, enable,
facilitate or conceal an infringement of a copyright or related right:
1)
2)
They are excluded from criminal liability, which run excepted activities set out in
Title VI, Chapter II, Section 2, of the Law on Implementation of Free Trade
Agreement, Dominican Republic, Central America, United States . [130]
Article 249. The same penalty Article 248 above shall incur who manufactures or
articles put up for sale by its name, brand, wrapping, presentation or appearance,
can be confused with similar products patented or registered in the name of
another. [131]
Article 250.- DEROGADO.- [132]
Article 251. With the penalties provided for in Article 248, above, shall be punished
who:
1)
2)
3)
Article 252. Those who give reason to usaren or use of the items in the preceding
article refers, in contravention of morality, public order, decency, or ridicule or
offend religious feelings people will be punished by imprisonment of six (6 ) months
to two (2) years.
Article 253. Shall be punished with the penalties of Article 248 above, those who
commit any of the offenses under Part VI of the Industrial Property Law which are
not covered in previous articles of this chapter. [134]
CHAPTER IX
DAMAGE
Article 254. imprisonment of three (3) shall be imposed to five (5) years who
destroys, disables, then disappear or otherwise deteriorate chattels or property or
animals of foreign ownership, provided that the act constitutes a crime of those
provided for in the next chapter .
The same penalty shall be imposed by any means destroy, alter, disable or
otherwise damage data, programs or foreign electronic documents, contained in
networks, media or computer systems. [135]
Article 255.- shall be punished with imprisonment of three (3) to six (6) years who
cause harm any of the terms of the damage of the previous article to:
1)
2)
3)
4)
5)
6)
7)
8)
The culpable damage will be sanctioned with a penalty equal to half corresponding
to malicious damage. If the author had committed the act as a result of having
consumed alcohol or drugs, shall be punished by two thirds (2/3) of the
corresponding penalty for the criminal damage.
CHAPTER X
FIRE AND OTHER HAVOC
Article 256. Whoever causes fire, putting the life, physical integrity or property of
another in danger, shall incur imprisonment of three (3) to six (6) years. The
penalty is six (6) to twelve (12) years if the fire is committed:
1)
2)
3)
4)
5)
6)
7)
8)
9)
Article 257. The following shall incur imprisonment of six (6) to twelve (12) years
who shall cause havoc by building collapse, flood, explosion and generally any
agent or as powerful means of destruction as those expressed.
The same penalty applies to the act of fire, flood, shipwreck or other disaster,
sustrajeren, ocultaren or inutilizaren materials, instruments or other means for
preventing such accidents occur.
Article 258. If the Havoc fire or result in the death of a person, the penalty shall be
ten (10) to fifteen (15) years imprisonment.
Article 259. Whoever will cause fire or other damage of negligently shall be
punished by imprisonment of six (6) months to two (2) years.
If the omission or negligent act should result in the death of any person,
imprisonment shall be two (2) to five (5) years.
CHAPTER XI
GAMES
Article 260. The owners and managers of casinos, gambling luck, betting and
gambling not legally authorized, shall be punished by imprisonment of three (3) to
seven (7) years, plus a fine of fifty thousand (L 50 , 000.00) to one hundred
thousand (lps. 100, 000.00) lempiras, without prejudice to the definitive closure of
the business.
Those who play in these houses they are punished with imprisonment of one (1) to
three (3) years, plus a fine equal to half the previous one . [137]
Article 261. Producers and ticket not legally authorized lotteries and raffles who
made that have not been legally authorized shall be punished by imprisonment of
two (2) to four (4) years, plus a fine of ten thousand (L. 10 000.00) to fifty thousand
(L. 50, 000.00) lempiras. Raffles for charitable, educational or promoting the arts or
sports purposes, perform the centers or establishments engaged in these activities
are excepted.
Those in the game or raffles using fraudulent means will be punished as
scammers. [138]
Article 262. Money or effects and instruments and useful for the game or raffle,
shall be confiscated.
CHAPTER XII
GENERAL DISPOSITION
Article 263. DEROGADO.- [139]
Article 264.- are exempt from criminal liability and subject only to civil by
shoplifting, fraud or damage shall cause reciprocally:
1)
2)
3)
The exemption of this Article does not apply to foreign crime involved.
TITLE VIII
CRIMES AGAINST MEDIA
And other public services
Article 265. shall be punished with imprisonment of two (2) to five (5) years, who
prevents or disturbs the rail service in one of the following ways:
1)
2)
3)
4)
Article 266. If the facts referred to in the preceding article proves disaster, the
penalty shall be imprisonment of four (4) to twelve (12) years.
Article 267 .- Whoever endangers vessel or aircraft, or self, or practice any act
aimed at preventing or impeding water navigation, shall be punished by
imprisonment of two (2) to five (5) years.
Article 268. If the fact referred to in the previous article is sinking or stranding of
vessel, or the fall or destruction of aircraft, the penalty shall be imprisonment of
four (4) to twelve (12) years.
Article 269. Whoever exposed to danger other means of public transport, prevent
or hinder their operation, shall be punished with imprisonment of one (1) to two (2)
years.
If the claim is made, the penalty shall be imprisonment of four (4) to twelve (12)
years.
Article 270. In any of the offenses set forth in the foregoing Articles of this Title, if
the fact is death or injury of those covered by Article 135, the penalty shall be
imprisonment of six (6) to fifteen (15) years, unless the crime committed worthy
to greater punishment under other provisions of this Code.
If the act was culpable will be punished by imprisonment of six (6) months to four
(4) years, increasing the death penalty in half (1/2) if it death or injury of those
mentioned in the preceding paragraph.
Article 271. Whoever destroys or damages the, telegraph, telephone, electricity,
postal service radio or other means serving to telecommunications, shall be
punished by imprisonment of six (6) to nine (9) years.
It shall be punished with imprisonment of three (3) to six (6) years who hinder or
disrupt the services the preceding paragraph or prevents or hinders its
reinstatement to. [140]
Article 272. shall incur imprisonment of two (2) to six (6) years who acometiere a
driver of public correspondence to intercept or stop, or to seize it or otherwise
render it unusable.
Article 273. imprisonment of six (6) months shall be imposed to two (2) years, who
by any means, would prejudice the security or normal operation of a facility or a
facility for distribution to the public, water, electricity, power, heat or other public
good .
If the injury proves fact, not only for the establishment or installation, but also for
public service, imprisonment shall be two (2) to six (6) years.
TITLE IX
CRIMES AGAINST PUBLIC FAITH
CHAPTER I
Counterfeiting currency, bank notes and securities.
Article 274. shall incur imprisonment of three (3) to twelve (12) years:
1)
2)
3)
Article 275. Those who encroach genuine coins, currencies or knowingly enter the
country severed or put into circulation shall be punished by imprisonment of five (5)
to eight (8) years. [141]
Article 276. Who having received counterfeit coins in good faith, altered or
curtailed, knowing it up in circulation that are illegitimate, it shall be punished with
imprisonment of three (3) to six (6) years. [142]
Article 277. For the purposes of the three preceding articles equates to
counterfeiting or alteration of coins, banknotes legally authorized bank, titles and
coupons of national or municipal public debt, money orders or drafts of the treasure
State or municipality and securities, bonds or securities issued by banks or
companies authorized to do so.
Article 278. Counterfeiting, curtailment or alteration of foreign coins or bills not
being legal tender in the Republic or securities, debt securities and other public
foreign credit documents referred to in the preceding article, shall be punishable by
confinement of four (4) to six (6) years for Section 274, three (3) to five (5) years in
the case of Article 275 and two (2) to four (4) years case Article 276. [143]
Article 279. The public official or employee or director, manager or administrator of
a bank or a company authorized by the manufacture or issuance of coins or bank
notes or any securities, bonds or bearer shares in quantities greater than those
authorized or other than those agreed or prescribed in case conditions, shall be
punished by imprisonment of ten (10) to fifteen (15) years, plus a fine equal to
three times the value of the transaction in question.
Public Officials or Employees and others that this article refers to be punished, also
with disqualification of eight (8) to ten (10) years .-. [144]
CHAPTER II
FORGERY OF SEALS, SEALING PAPER
EFFECTS AND OTHER OFFICERS
Article 280. shall be punished with imprisonment of one (1) to five (5) years:
1)
2)
In these cases, such as those included in these Articles, the impression is
considered counterfeiting or fraudulent use of true seal.
Expendiere who prosecutors species counterfeit or illicit conditions who make use
and circulation.
Article 281. imprisonment of six (6) months shall be imposed three (3) years:
1)
2)
Article 282. Shall be punished by imprisonment of two (2) to five (5) years who
does away with the seals, stamps, marks or passwords official referred to the
above items use, the sign or mark placed by the authorities to denote that was
already used or was disabled for circulation or sale.
The same penalty will incur who knowingly puts in selling these seals, stamps,
marks or adulterated passwords or uses or delivers to another person for use by or
results in that can be used. [145]
Article 283. When responsible for any of the offenses covered by the previous
articles, regardless of official or public employee and commit the fact abusing his
position, will also impose absolute disqualification of two (2) to ten (10 ) years.
CHAPTER III
GENERAL falsifying records
Article 284. Shall be punished with imprisonment of three (3) to nine (9) years,
who doeth all or part of a public document false or alters a true one, so that it can
be harmful, running any of the following facts:
1)
2)
3)
4)
5)
6)
7)
8)
9)
He also incur the penalty prescribed in the first paragraph of this Article, the
religious minister who commit any of the facts contained in the preceding
paragraphs, with respect to acts or ecclesiastical documents that can produce
effects on the status of persons or civil order .
Article 285. Whoever detriment of third or with the intention of causárselo
committed in a private document some of the falsehoods designated in the
preceding article, shall be punished by imprisonment of six (6) months to three (3)
years.
Article 286. The officer or employee of telecommunications service knew or
falsifies a telegraph office, incur the penalty of imprisonment of one (1) to two (2)
years.
Who makes use of the false office with gainful intent or spirit of harming another,
he shall be punished as the author of falsehood.
Article 287. Anyone who falsifies tickets or lottery tickets, or those used for raffles
or transport companies, public entertainment or other similar entities and circulates
or takes advantage of benefits them personally or someone else, and who in
knowing that the counterfeit are circulated, it will be punished with imprisonment of
three (3) to six (6) years. [146]
Article 288.- is punishable by imprisonment of three (3) to six (6) years and a fine
of ten thousand (L. 10 000.00) to twenty thousand (L. 20, 000.00) lempiras a
physician lay a certificate or evidence containing false information about the
existence or nonexistence, present or past illness or injury, but there is no resulting
damage.
The penalty doubled if as a result of the certification or false evidence is seclude or
retains a healthy person in a psychiatric treatment center, hospital or other similar
establishment; serve to obtain undue benefits from social security or other
equivalent services or to achieve the release of a person or evade justice. The
same penalty applies to any person applying for certification or false evidence. [147]
Article 289. Whoever knowingly makes use of a false document in whole or in part
shall be punished as if whatever author of falsehood.
Article 290. When any of the offenses set forth in this chapter is committed by an
official or public employee with abuse of office, the culprit also suffer
disqualification of two (2) to ten (10) years.
Article 291.- is punishable by imprisonment of three (3) to six (6) years who
manufactures, imports or retained in its machinery or equipment, instruments or
materials intended to commit any of the counterfeits contained in this Title
power . [148]
CHAPTER IV
Grabbing FUNCTIONS AND TITLE AND MISUSE OF NAMES, UNIFORMS,
INSIGNIA AND DECORATIONS
Article 292. Whoever , without title or legitimate cause pursues own acts of an
authority or official attributed official capacity, shall be punished with two (2) to
three (3) years' imprisonment.
Article 293. Whoever unduly title or degree is secured , exercising a profession or
hold office, office, clinic, office, laboratory or local, in order to provide academic,
professional or technical services, without the legally required authorization public
or private entity, shall be punished with imprisonment of three (3) to six (6)
years. [149]
Article 294.- liable to a fine of ten thousand (L. 10 000.00) to fifty thousand (L. 50,
000.00) lempiras:
1)
2)
3)
Who publicly use an assumed name in order to conceal a crime, evading a penalty
or harm shall be liable to imprisonment of two (2) to five (5) years. [150]
TITLE X
CRIMES AGAINST THE ECONOMY
Article 295. Whoever maliciously and only consequence of their actions endanger
the national economy or public credit shall be punished with imprisonment of three
(3) to six (6) years and a fine of twenty thousand (L. 20, 000.00 ) to fifty thousand
(L. 50, 000.00) lempiras. [151]
Article 296. Whoever , with the deliberate intention of causing harm to the
economy and social stability of the country, destroying agricultural commodities or
industrial products or instruments of production shall be punished by imprisonment
of two (2) to five (5) years and fine of five thousand (L. 5, 000.00) to ten thousand
(lps. 10 000.00) lempiras. [152]
Article 297. Whoever fraudulently determined by the market or the stock
exchanges or securities an increase or decrease in wages, the price of food,
genders, commodities, stocks, bonds, currencies or other purposes, shall be
punished with imprisonment three (3) to six (6) years and a fine of twenty five
thousand (L. 25, 000.00) to fifty thousand (L. 50, 000.00) lempiras.
If the offense is committed by public officials or employees, agents or stock
exchange or trading brokers, the penalty is increased by one third (1/3). [153]
Article 299. Shall be punished with imprisonment of three (3) to five (5) years and
a fine of fifty thousand (lps 50, 000.00.) To one hundred thousand (lps.50, 000.00)
lempiras who:
1)
2)
3)
4)
The same penalty incurred by the public official who knowingly shortages or
shortages of certain staple or basic raw materials may occur, extending the permit
and result effectively produce shortages or famine.
5)
6)
7)
Article 300.- REPEALED. [157]
TITLE XI
EXISTENCE AND CRIMES AGAINST STATE SECURITY
CHAPTER I
TREASON
Article 302. The crime of treason and shall be punished with imprisonment of
fifteen (15) to twenty (20) years, which engages in acts that directly tend to
undermine the territorial integrity of the Republic, subjecting whole or in part foreign
domination, compromise its sovereignty or threaten the unity of the state .
Article 303. The Honduran, although it has lost its nationality or abroad to be
obedience to Honduras because of their employment or public office, to take part in
acts of military hostility against the nation, or at the service of the external enemy in
the case of armed conflict, shall be guilty of ten (10) to fifteen (15) years
imprisonment.
If they involve foreigner who does not need special obedience to the country
because of their employment or public function, the penalty is reduced by half
(1/2).
Article 304. In the case referred to in the previous article, the penalty shall be
fifteen (15) to twenty (20) years of imprisonment if as a result of services rendered
to the enemy, it falls into the hands of any part of the territory national body of
troops, war material tank, victuals and provisions, or any other essential for the
defense of the state element, or suffer damages weapons defeat the Republic.
Article 305. The Honduran, but has lost its nationality or abroad to be obedience to
Honduras because of their employment or public office, who in order to provoke
aggression or hostilities against Honduras in one or other nations, perpetrate acts
directly tend to that end, suffer imprisonment of ten (10) to fifteen (15) years.
If indeed aggression or hostilities from state or foreign states arises, it will be fifteen
(15) to twenty (20) years imprisonment.
It shall apply where appropriate, the final paragraph of Article 303.
Article 306. Whoever commissioned by the Honduran government to discuss
matters of state with a foreign government or individuals or groups from another
country, I acted unfairly in the performance of their duties, incur five (5) to ten (10)
years imprisonment.
Article 307. Whoever reveals secrets political, diplomatic or military concerning
state security, and communicating or publishing documents, drawings, plans, or
other data related to the material, fortifications or military operations or any other
essential issue for the defense national interests, and facilitating or disclosure
otherwise incur imprisonment of four (4) to seven (7) years, a fine of one hundred
thousand (L. 100, 000.00) to five hundred thousand (L. 500, 000.00) lempiras ,
more absolute disqualification for twice the duration of detention.
If the secrets to a foreign government or its agents or subjects are revealed,
detention shall be five (5) to eight (8) years, a fine twice the previous and
disqualification twice the length of imprisonment . If disclosure of secrets is a state
that is in war with Honduras, or their agents or subjects, the penalty shall be ten
(10) to fifteen (15) years imprisonment, a fine equal to three times established in
the first paragraph of this Article and absolute disqualification equal to twice the
duration of detention.
The above penalties are increased by one third (1/3) if the person had known the
secrets under his capacity as public official or employee or had availed of violence
or fraud to obtain such knowledge.- [159]
Article 308. Who without being duly authorized up plans of fortifications, barracks,
ships, arsenals, roads or military works for the defense of the country or who
enters this purpose clandestine or fraudulently places to which access is forbidden
by the authorities military ; It is punishable by imprisonment of three (3) to six (6)
years and a fine of one hundred thousand (L. 100, 000.00) to two hundred
thousand (L. 200, 000.00) lempiras. [160]
Article 309. Whoever destroys or remove the landmarks, buoys or signs that mark
national boundaries shall be punished with imprisonment of three (3) to six (6)
years and a fine of one hundred thousand (L. 100, 000.00) to two hundred
thousand (L. 200, 000.00) lempiras.
If as a result of the destruction or removal of the landmarks, buoys or signs
Honduras border embroiled in a conflict he sees, or if such destruction or removal
takes place during a war with a neighboring State, the above penalties shall be
doubled. [161]
Article 310. Whoever during armed conflict induces foreign country or official
Honduran troops deserting or serve the enemy, or put into practice any other
means to that end, shall be punished by imprisonment of six (6) to ten ( 10) years,
a fine of two hundred thousand (L. 200, 000.00) to five hundred thousand (L. 500,
000.00) lempiras and absolute disqualification for twice the duration
of detention. [162]
Article 310-A. Crimes of treason punishable under Articles 2 and 19 of the
Constitution of the Republic shall be punished by imprisonment of fifteen (15) to
twenty (20) years. [163]
Article 310-B.- Nationality Honduras can only be acquired in the manner
prescribed by the Constitution of the Republic and the Conventions or International
Treaties, who granted following different procedures will commit the crime of
treason and shall be punished with the penalty in the previous article. [164]
Article 311. The attempt of any of the offenses covered by the preceding articles
shall be punished as if consummated crime. Conspiracy to commit any such
offense is punishable with the penalty of the completed offense lowered by two
- thirds (2/3). The proposal is punishable by the same penalty recessed (5/6) five
- sixths.
Disclaims all worth the withdrawal of the conspiracy or proposition if given the
authority part or is made known their circumstances before they started executing
the crime.
If the responsible effectively achieves the proposed purpose when the
consummation of the offense does not require that such purpose is reached, the
penalty is increased by (1/3) one - third . [165]
CHAPTER II
OFFENSES COMMITTED TO PEACE, SECURITY EXTERIOR
OR THE DIGNITY OF THE NATION .
Article 312. Whoever commits any of the offenses set forth in the previous
chapter, an ally State of Honduras in war or conflict armed against a common
enemy, incur the respective penalty reduced by one third (1/3).
Article 313. Whoever causes the rupture of relations of Honduras with another
State resulting in the imminence of a war or suffering harassment or retaliation
Hondurans in their persons or their property, shall be punished by imprisonment of
four (4) seven (7) years, a fine of one hundred thousand (L. 100, 000.00) to three
hundred thousand (L. 300, 000.00) lempiras and absolute disqualification for twice
the duration of detention.
If the rupture of relations is worth war it is eight (8) to twelve (12) years, a fine
equal to twice the previous and absolute disqualification equal to twice the duration
of the detention. [166]
Article 314. Whoever violates the truces or ceasefires agreed between the
Republic and other State or between the armed forces of both countries, or the
duly issued safe conduct, and who prevents or disturbs compliance with a treaty or
convention concluded with another State, shall subject to imprisonment of one (1)
to three (3) years.
Article 315. Whoever one of the national symbols outrage shall be punished by
imprisonment of two (2) to four (4) years and a fine of fifty thousand (L. 50, 000.00)
to one hundred thousand (L. 100, 000.00) lempiras and especially for twice the
duration of detention disqualification. [167]
Article 316. Whoever violates the immunity of a head of a foreign state or a
diplomatic agent accredited to the Government of Honduras shall be punished by
imprisonment of two (2) to five (5) years. [168]
Article 317. Shall be punished with three (3) to six (6) years of imprisonment, who
will recruit troops in Honduras for the service of a foreign nation, whatever the
object proposed.
The same penalty shall incur those SHALL use the country to invade or harass
another nation.
CHAPTER III
Crimes against international law
Article 318. Whoever inflicts death a Head of State or Head of foreign government,
which shall be found in Honduras in an official capacity, shall be punished by
imprisonment of thirty (30) years imprisonment for life. [169]
Article 319. It shall be punished with imprisonment of sixteen (16) to twenty (20)
years, plus absolute disqualification for the same period who for the purpose of
totally or partially destroying an ethnic or religious national, performs any of the
following facts:
1)
2)
3)
4)
5)
Imprisonment not less than twenty (20) years when those responsible for the crime
of genocide are civilian or military officials or public employees.
The proposition and conspiracy penarán imprisonment of eight (8) to twelve (12)
years; direct instigation is punishable by the penalty applicable to the author and
indirect be punished by imprisonment of five (5) to eight (8) years. [170]
Article 320. Shall be punished as a pirate, with imprisonment of five (5) to ten (10)
years, subject to RESULTING crimes against life, physical integrity, honesty,
property and freedom that penarán separately :
1)
2)
Article 321. Shall be punished with imprisonment of three (3) to five (5) years and
a fine of thirty thousand (L. 30, 000.00) to fifty thousand (L. 50, 000.00) lempiras,
who does discriminated against another person on the basis of sex, race, age,
class, religion, party or political orientation , disability and becoming ill of any other
offense against human dignity. If the charge is alien is expelled from the country
after serving the sentence. [172]
TITLE XII
CRIMES AGAINST THE INTERNAL SECURITY OF THE STATE
CHAPTER I
CRIMES AGAINST STATE SENIOR OFFICIALS
Article 322. Whoever inflicts death the president of a state power shall be
punished with thirty (30) years of deprivation of freedom for life. [173]
Article 323. Anyone who offends the President of the Republic in his bodily
integrity or liberty shall be punishable by eight (8) to twelve (12) years
imprisonment.
Article 324. Conspiracy to commit any of the offenses covered by the above items
are punishable by two (2) to six (6) years of imprisonment; and the proposition,
with one (1) to three (3) years.
Article 325. The offenses concerned within three (3) prior articles committed
against the Secretaries of State, Members of the National Congress and
Magistrates of the Supreme Court shall be punished respectively with the penalties
mentioned in those articles, recessed a fifth (1/5).
Article 326. Those who invadieren violent or bullying is met where the National
Congress, the Supreme Court or the Council of Ministers, shall be punished by
imprisonment of six (6) months to three (3) years.
Article 327. The following shall incur imprisonment of six (6) months to two (2)
years:
1)
2)
3)
CHAPTER II
CRIMES AGAINST FORM OF GOVERNMENT
Article 328. transgress against the form of government and shall be punished by
imprisonment of six (6) to twelve (12) years, those committing acts directly aimed
at achieving by force or outside legal channels, some of the following purposes :
1)
2)
3)
4)
5)
Article 329. When the perpetrators of these crimes are officials be punished also
with disqualification of six (6) to twelve (12) years.
Article 330. Shall be punished by imprisonment of six (6) to ten (10) years who
, having exercised any title the Presidency of the Republic, encourage or
perpetrate acts in violation of the constitutional article that prohibits it
from exercising the Presidency of the Republic again or play again this position
under any title.
Incur the same penalty SHALL support those who directly or propusieren reform
that Article.
When the perpetrators of these crimes are officials they will be also punished with
disqualification for ten (10) years from the date of the violation or its attempt to
reform.
CHAPTER III
Offenses by individuals,
Exceeding IN THE EXERCISE OF THE RIGHTS OF
CONSTITUTIONAL GUARANTEES
Article 331. It is punishable by imprisonment of two (2) to four (4) years and a fine
of thirty thousand (L. 30, 000.00) to sixty thousand (L. 60, 000.00) lempiras, to
convene or lead so illegal any meeting or demonstration. Unlawful character will all
those meetings they attend people with weapons, explosive devices or blunt
objects or other dangerous way in order to commit a crime.
Those attending a meeting or unlawful demonstration carrying weapons, explosive
devices or blunt objects or other dangerous materials, shall be punished with the
same penalty as those that summon or direct. Mere assistants will be punished
with half of the previous sentences.
People on the occasion of holding an unlawful assembly or demonstration,
perpetrate acts of violence against authority, their agents, or public or private
property, they shall be punished with the penalty provided for in ele first paragraph
of this Article, without prejudice that apply to other offenses.
Who on their own initiative attend a meeting or unlawful demonstration, carrying
weapons, explosives or conjuntes or otherwise or dangerous objects in order to
commit a crime, shall be punished with the same penalty applicable to convene or
direct a unlawful assembly or demonstration. [174]
Article 332. Racketeering. It is punishable with the penalty of twenty (20) to thirty
(30) years imprisonment and a fine of one hundred thousand (L. 100, 000.00) to
three hundred thousand (L. 300, 000.00) lempiras, the bosses or gang leaders,
gangs and other groups that are associated with the permanent purpose of
performing any act constituting an offense .
With the same term of imprisonment provided for in paragraph cut by one third
(1/3) to other members of the aforementioned criminal associations are
sanctioned.
Heads or Kingpin are those who stand out or identified as such and whose
decisions influence the mood and actions of the group. [175]
Article 332-A. Manufacture and trafficking of war material, weapons and
ammunition. The unauthorized person who manufactures, store, transport, use,
traffics, enter or remove the country, purchase, supply or sell weapons,
ammunition, explosives or war materials or combat, including in recent AK-47
weapons in any of their models it shall be punished with the penalty of eight (8) to
ten (10) years imprisonment and a fine of five thousand (L. 5, 000.00) to ten
thousand (L. 10 000.00) lempiras.
The National Police or any other authority seizes the material will put immediately
to the Public Ministry. [176]
Article 332-B. Manufacturing of and Trafficking in Firearms and Ammunition
Business, Personal Defense and sports and commercial explosives. Who without
permission from the competent authority to manufacture, store, transport, possess,
use, enter or remove the country, provide or sell firearms and ammunition for
personal or sporting use and commercial explosives, will incur a penalty of three
(3) six (6) years of imprisonment without prejudice to the confiscation of such
weapons, ammunition and explosives and other materials related to them.
It shall mean personal use weapons, defense or sport, ammunition, explosives and
the like, those described in the special law. [177]
CHAPTER IV
OFFENSES COMMITTED BY OFFICIALS
AGAINST THE EXERCISE OF RIGHTS GUARANTEED
By the Constitution
Article 333. The imprisonment of three (3) to five years and a fine of fifty thousand
(L. 50, 000.00) to one hundred thousand (L. 100, 000.00) lempiras to official or
public employee shall apply:
1)
2)
3)
4)
5)
6)
Article 334. With the penalties provided for in the preceding article shall be
punished public officials or employees who perform any of the following facts:
1)
2)
3)
4)
5)
6)
7)
8)
9)
CHAPTER V
TERRORISM
TERRORIST FINANCING
Article 335-A.- incur the crime of terrorist financing and shall be punished with
imprisonment of twenty (20) to thirty (30) years and a fine of one to five million
lempiras (L.1.000,000.00 to L.5.000, 000.00), who by any means, directly or
indirectly, provides or collects assets, dispense or tries to provide financial services
or other services, with the intention that they be used or knowing that they will be
used, in whole or in part, to finance the commission of terrorist acts or terrorist
organizations, even if they are not made or will be made in Honduras.
Do the crime financing of terrorism exists regardless of whether they come or
run; therefore it not is necessary that the funds were actually used to commit.
Article 335-B.- also commits the offense of terrorist financing and shall be
punished with imprisonment of twenty (20) to thirty (30) years and a fine of one to
five million lempiras (L.1.000,000.00 to L.5.000, 000.00). Who for the purpose of
facilitating the commission of criminal activities linked to terrorism, provide financial
securities, financial services, lodging, training, false documentation or identification,
communications equipment, facilities, weapons, lethal substances, explosives,
personnel, transportation and any other material or personal support. Relative to
the housing and transportation incur liability only if you have knowledge or intent of
the crime.
The same penalty will be punished who, for the purpose of facilitating the
commission of criminal activities linked to terrorism move, manage, custodie or
conceal material support to individuals or organizations knowingly that has been
used or will be used in the commission acts of terrorism.
Article 335-C.- also incur the crime of terrorist financing and shall be punished with
imprisonment of twenty (20) to thirty (30) years and a fine of one to two million
lempiras (L.1.000,000.00 to L. 2.000,000.00), who participates in acts or actual or
simulated contracts to cover up or hide assets in order to be used or intended to
finance the commission of terrorist acts or terrorist organizations.
Article 335-D.- who organizes the commission of any acts criminalized terrorist
financing or directing others to commit it , shall be punished with imprisonment of
twenty (20) to thirty (30) years and a fine of one to five million lempiras (L.1.000, to
L.5.000 000.00, 000.00).
Article 335-E.- who contribute to the knowledge of the intention of the terrorist
organization for the commission of one or more of the acts criminalized in the
preceding articles shall be punished by imprisonment of twenty (20) to thirty (30)
years and a fine of one million lempiras (L.1.000,000.00).
Article 335-F.- The acts criminalized in previous articles can not be justified by
considerations of a political, philosophical, ideological, racial , ethnic, religious or
other similar nature.
Article 335-G.- When those who commit the crime of terrorist financing offense
under the preceding articles are officers, employees or representatives of a legal
entity shall be punished in accordance with the provisions of Articles 335-A to 335-
E, above. Concerning the legal person shall be convicted unless the State
concerned, to pay a fine equal to twice the provisions of the preceding articles; and
also it is ordered to.
1)
2)
3)
4)
Article 335-H.- In the conviction for the offense of terrorist financing, confiscation
of assets used or has been intended to be used to commit the offense shall be
ordered, as well as assets that are the subject of crime or product thereof. Funds
and assets concerned, with all the details to identify and locate be designated.
Where it is not possible to identify the assets to be confiscated, you may order the
forfeiture of an amount equivalent to the value thereof.
Anyone seeking any claim on the assets seized by court order, may challenge it
only before the court which made the award, within one (1) year, counted from the
date of notification of the judgment. The written objection must be accompanied by
all documents that challenge and Judge, within three (3) days will resolve as melts.
Article 335-I.- Without prejudice to any criminal proceedings, it shall be null and
void any contract contained in a public or private instrument, given gratuitously or
for consideration, inter vivos or mortis causa, which is aimed at transferring assets
making possible the measures which the previous article refers to, including
seizure decreed in judgment.
In case of invalidity of a contract for pecuniary interest, its price will be returned to
the buyer as long as the contract has been entered into in good faith by this and
has actually been paid. 1 81
CHAPTER VI
REBELLION
Article 336. They are guilty of rebellion who take up arms to overthrow the legally
constituted Government or to change or suspend the existing constitutional regime
with respect to the formation, operation or renovation of public authorities at all and
partly.
Promoters, leaders or leaders of the crime of rebellion shall be punished by
imprisonment of ten (10) to fifteen (15) years, one hundred thousand (L. 100,
000.00) to two hundred thousand (L.200, 000.00) lempiras and absolute
disqualification for the duration of detention.
Who by designation of the rebels perform administrative or judicial office, they will
suffer the same penalties reduced by one third (1/3).
The mere executors of rebellion shall incur imprisonment of three (3) to six (6) to
five, plus a fine of thirty thousand (L. 30, 000.00) to fifty thousand (L. 50, 000.00)
lempiras, if there had been fighting with the rebel force and the public force loyal to
the government, or that have wreaked havoc on private property, the state of its
institutions, if any destroyed or disrupted any public service, exercised serious
violence against persons or required contributions or distracted the public funds of
their legitimate investment; and the imprisonment of three (3) to five (5) years, plus
a fine of ten thousand (L.10, 000.00) to thirty thousand (L. 30, 000.00) lempiras
when not attend such circumstances.
Proposition and conspiracy to commit the crime of rebellion shall be punished by
imprisonment of two (2) to four (4) years plus a fine of five thousand (L. 5, 000.00)
to ten thousand (L. 10 000.00) lempiras . [181]
CHAPTER VII
SEDITION
Article 337. They are guilty of sedition who, without being included in the crime of
rebellion rise publicly and tumultuously to achieve by force or outside legal means
any of the following purposes:
1)
2)
3)
4)
5)
6)
Inmates of sedition shall be punished by imprisonment of five (5) to ten (10) years
and a fine of fifty thousand (L.50, 000.00) to one hundred thousand (L.100, 000.00)
lempiras and absolute disqualification for the duration imprisonment, if they act as
instigators, leaders or leaders, and imprisonment of three (3) to six (6) years and
a fine of twenty five thousand (L. 25, 000.00) to fifty thousand (lps. 50, 000.00)
lempiras if they were mere executors. [182]
Article 338. The proposition and conspiracy to commit the crime of sedition shall
be punished with imprisonment of one (1) to three (3) years and a fine of three
thousand (L. 3, 000.00) to six thousand (L. 6, 000.00) lempiras. [183]
CHAPTER VIII
PROVISIONS COMMON TO THE TWO PRECEDING CHAPTERS
Article 339. When the rebels or seditious sometieren disolvieren or intimation to
the effect that makes them legitimate authority, shall be exempt from punishment
mere executors of any of those crimes, unless they are public employees.
Article 340. Those who publicly incites formally or directly to a rebellion or sedition,
communicate instructions or indicate the means to consummate such offenses,
shall be punished with imprisonment of one (1) to three (3) years and a fine of five
thousand ( L. 5, 000.00) to ten thousand (L. 10 000.00) lempiras when those have
not been attempted or accomplished. [184]
Article 341. Persons participating or not in rebellion or sedition or because of it,
commit other special offenses under this Code shall be punished as set forth in the
relevant chapters .
Article 342. Where it is not possible to discover the perpetrators will be punished
as such the principal leaders of the rebellion or sedition.
CHAPTER IX
ATTEMPT
Article 343.- commit attack:
1)
2)
Article 344. The attacks included in the preceding article, shall be punished with
imprisonment of one (1) to three (3) years if either of the following circumstances:
1)
2)
3)
4)
TITLE XIII
CRIMES AGAINST PUBLIC ADMINISTRATION
CHAPTER I
DISRESPECT
CHAPTER II
DISOBEDIENCE
Article 346. Whoever disobeys an authority openly refusing to give due
compliance with judgments, decisions or orders issued within the limits of its
competence and covered with legal formalities, shall be punished with
imprisonment of one (1) to three (3 ) years. [186]
Article 347. The alien lawfully expelled from Honduras enter back into the country
in violation of the relevant order shall be punished by imprisonment of six (6)
months to three (3) years, and served his sentence will be expelled from the
country. [187]
Article 348. Whoever denies or refuses to hold public elected office without
justifiable or after this has been due rejected by the competent authority shall
be liable to a fine of ten thousand (L 10, 000.00) to thirty thousand (L . 30, 000.00)
lempiras. [188]
Article 348-A.- The penalty provided for in Article 348 above, plus imprisonment of
six (6) months to two (2) years, will be imposed on anyone who subpoenaed as
expert or witness refrains without just cause to provide the respective declaration
or to appear before a competent judge. [189]
CHAPTER III
AUTHORITY ABUSE
AND VIOLATION OF DUTIES OF OFFICERS
Article 349. Shall be punished with imprisonment of three (3) to six (6) years and
disqualification for twice the duration of detention, the public official or employee
who:
1)
2)
3)
4)
5)
The same penalty applies to the officer or law enforcement agent I refused, omit or
delay, without justification the provision of aid duly required by competent
authority. [190]
Article 350. Whoever begins to perform public office or employment without having
given the bond required by law or without having made the declaration of goods
ordered the Organic Law of the Superior Court of Accounts, or without having
made a corresponding promise of law, will incur a penalty equal to three times the
monthly salary of the relevant employee or official, without prejudice to the
obligation to comply with legal requirements.
The same penalty shall incur the public official or employee who has made
it possible for his subordinate begins to hold office or employment before having
met any of the requirements listed in the previous paragraph. [191]
Article 350-A.- Anyone who continue to play a job, commission or public office
should cease after the same in accordance with law, shall be punished by a fine of
fifteen thousand (L. 15, 000.00) to twenty thousand (L. 20 , 000.00) lempiras and
disqualification of one (1) to two (2) years. [192]
Article 351 .- REPEALED. [193]
Article 352. Any public official or employee who leaves office without his
resignation have been admitted is punishable by a fine equal to three (3) last
monthly wage earnings and disqualification of two (2) to four ( 4) years, if you
neglect causes damage to the state, but causes such damage, the penalty is
disqualification special one (1) to two (2) years.
If the public official or employee leaves office not to prosecute or punish any of the
offenses against the existence and security of the State or against the internal
security of the State, it shall be punished by imprisonment of four (4) to seven (7)
years, more disqualification for twice as long term of imprisonment. If the order
sought is not prosecuting or punishing any crime, he is punished with imprisonment
of one (1) to three (3) years, plus disqualification for twice the duration of detention.
The provisions of this Article shall not apply if within thirty (30) days following the
date of this waiver had not been accepted or rejected days. [194]
Article 353. fine of five thousand (L. 5,000.00) to ten thousand (L. 10 000.00)
lempiras and disqualification of three (3) shall be imposed on six (6) years official
or employee who knowingly, stop , prosecute or judge a public official who enjoys
immunity without first exhausted the procedures established by law. [195]
Article 354. Any public official or employee who usurps functions specific to
another post shall be punished by imprisonment of two (2) to five (5) years and
a fine of five thousand (lps. 5, 000.00) to ten thousand (lps. 10, 000.00) lempiras
and disqualification for twice the duration of the reclusión.- [196]
Article 355. The official who legally required inhibition continue to act before it is
resolved the question of jurisdiction, shall be punished by a fine of five thousand (L.
5, 000.00) to ten thousand (L. 10 000.00) lempiras. [197]
Article 356. Any public official or civil or military employee who direct orders or
intimations or otherwise interfere with the causes, issues or businesses that are
within the exclusive jurisdiction of a judicial authority, shall be punished with
imprisonment of three (3) six (6) years and a fine equal to three times the last
salary received by the appropriate official or public employee civil or militar.- [198]
Article 357. The public official or employee who knowingly, solicits or name for
public office or employment to people who do not meet the requirements
established by law, shall be punished with a fine of twenty five thousand (lps. 25,
000.00) to fifty mil (L. 50, 000.00) lempiras and special incapacitation one (1) to
three (3) years.
Excepted from those cases in which the appointment is an interim basis and is
based on especiales.- laws [199]
CHAPTER IV
VIOLATION OF SEALS AND DOCUMENTS
Article 358. is punishable by imprisonment of one (1) to three (3) years and a fine
of fifty thousand (L. 50, 000.00) to seventy five thousand (L. 75, 000.00) lempiras,
who violates the seals positions by a public official or employee to ensure
conservation, identity or privacy of one thing.
If the perpetrator is an official or public employee and had committed the act with
abuse of office, in addition to the penalty provided in the preceding paragraph shall
be punished with disqualification for double duration of the detention.
If the act was committed because of a public official or employee, shall be
punished by a fine of twenty five thousand (L. 25, 000.00) to fifty thousand (L. 50,
000.00) lempiras. [200]
Article 358-A.- Anyone who removes, conceals, destroys or renders useless
records or documents entrusted to the custody of a public official or other person in
the public interest service or objects to be submitted as evidence before competent
authority is punishable by imprisonment three (3) to six (6) years.
If the author of the act is the same depositary, in addition to the previous sentence
will be imposed absolute disqualification for twice the duration of the sentence.
If the offense is committed because of the depositary shall be liable to it fine of ten
thousand (L. 10 000.00) to thirty thousand (L. 30, 000.00) lempiras. [201]
Article 359.- Any public official or employee who, not being included in the
previous article, open or consents to it open without proper authorization papers or
closed documents whose custody had confided, it is punishable by imprisonment
of one ( 1) to three (3) years. [202]
Article 360. The penalties prescribed in the three (3) previous items, also ministers
of any religion and individuals accidentally office managers or custody of
documents or papers by government commission, or apply to officials who shall
have been those entrusted by virtue of his office.
CHAPTER V
BRIBERY
Article 361. Any public official or employee who request, receive or accept, by
itself or through another person, gift, present, offers, promises or any other undue
advantage to perform an act contrary to his duties as a criminal offense, It shall be
punished by imprisonment of five (5) to seven (7) years but disqualification for
twice the duration of imprisonment, subject to the penalty for the crime committed
because of the gift or promise. [203]
Article 362. The public official who request, receive or accept, directly or indirectly,
gift, present, offers, promises or any other undue advantage for a wrongful act
does not constitute an offense concerning the exercise of his office, shall be
punished with imprisonment two (2) to five (5) years. If the act never
consummates, the accused with imprisonment of one (1) is sanctioned three (3)
years. In both cases absolute disqualification equal to twice the duration
of detention was applied. [204]
Article 363. When the gift or present requested, received or promised was entered
to the public official or employee to refrain from performing an act that should
be practiced in fulfilling its legal obligations, the penalty is imprisonment of two (2)
five (5) years, plus disqualification equal to twice the duration of detention. [205]
Article 364. The provisions of the three (3) preceding Articles shall be applicable to
arbitrators, arbitrators, experts or any person performing a public function .
Article 365. Any public official or employee who accepts a gift or benefit of any
kind from anyone with a matter submitted to it is punishable by imprisonment of
one (1) to four (4) Special years ineligibility equal to twice the duration
of detention. [206]
Article 366. Bribe Domestico.- Any natural person intentionally to offer or grant,
directly or indirectly , to a public official or a person who performs public functions,
any article of monetary value or other benefit, such as favors, promises or
advantages for himself himself, or someone else in return that the official act or
refrain from acting in the exercise of his official duties, shall be punished by
imprisonment of five (5) to seven (7) years, plus absolute disqualification for the
duration of the detention without prejudice to the penalty for the crime committed
because of the gift or promise.
The natural person who aids, abets or conspires to commit the acts described in
the preceding paragraph, shall be punished with half the time of special
imprisonment plus disabling equal to the duration of detention.
Legal entities involved in any of the actions described above will be punished
according to the following:
1)
2)
3)
The previously set for Legal Entities is without prejudice to the provisions of Article
34-A of this Code.
People who in good faith report acts of corruption described above, will be
protected by the relevant authorities. [207]
Article 366-A .- Transnational Bribery: Any Honduran jurisdiction subject to natural
person, that offer, promise or give any pecuniary or other advantage, directly or
indirectly, to a public official or other State or international organization, for that
official or for another person in order that the official act or refrain from acting in the
execution of their official duties, to obtain or retain business or other improper
advantage of economic or commercial nature, shall be punished by imprisonment
of five (5) seven (7) years, plus disqualification equal to the duration of detention.
The natural person who aids, abets or conspires to commit the acts described in
the preceding paragraph, shall be punished with half the time of special
imprisonment plus disabling equal to the duration of detention.
The Honduran jurisdiction subject to participate in any of the acts described above
legal persons shall be punished according to the following:
1)
2)
3)
The foregoing provisions for legal persons is without prejudice to the provisions of
Article 34-A of this Code.
People who in good faith report acts of corruption described above, will be
protected by the relevant authorities. [208]
Article 368.- The gifts or presents referred to the above items will be confiscated
and handed over to the corporation publicly municipality having jurisdiction in the
place where the offense for works of social interest was committed. [210]
Article 369. The judge who accepts a gift, a present, a promise or a loan to dictate,
delay or refrain from issuing an order, resolution or decision on any matter that it
seised shall be punished by imprisonment of five (5) seven (7) years, plus absolute
disqualification for twice the duration of detention.
The penalties provided in this article and in the precedents of this chapter shall
apply, as appropriate, who as a member of a collegial body or tribunal, vote in a
certain way thanks to bribery. [211]
Chapter VA
Article 369-A.- Any public official or employee to influence another public official or
employee taking advantage of the powers of his office or any other situation arising
from personal or hierarchical relationship with this or other officer or employee for a
resolution that can directly or indirectly generate an economic benefit or any other
kind for himself or for a third party incur sentences of imprisonment of four (4) to
seven (7) years, plus a fine of one hundred thousand (L. 100 , 000.00) to
one hundred fifty thousand (L. 150, 000.00) lempiras, and absolute disqualification
for twice the duration of detention. If you get the benefit sought, detention is six (6)
to nine (9) years, a fine equal to twice the benefit obtained and disqualification of
five (5) to eight (8) years. [212]
Article 369-B.- The particular influence an officer or employee of any public
taking advantage situation arising from their personal relationship with one
person or another public official or employee to get a resolution that you can
generate, directly or indirectly, economic benefit or any other kind for himself or for
a third party, shall be punished according to the chaos, with imprisonment and
fines established in the preceding article. [213]
Article 369-C.- Those volunteering for the conduct described in the foregoing
Articles request third gift, present or other remuneration or gratuity, or accept
an offer or promise shall be punished with imprisonment of three (3) six (6) years,
plus a fine of fifty thousand (L. 50, 000.00) to one hundred thousand (L. 100,
000.00) lempiras. [214]
In any of the cases referred to in this Article to the judicial authorities will also
impose the suspension of the activities of the natural or legal person, organization
or office and the closure of their establishments or open to public office for a term
of two (2) four (4) years.
Article 369-D.- In the cases provided for in this chapter and the previous one , the
gifts, presents, commissions or gifts will be forfeited. [215]
CHAPTER VI
Misappropriation of public funds
Article 370. Any public official or employee who appropriates funds, goods or
effects whose administration or custody perception has been entrusted to him by
virtue of his office or without having been involved in such acts committed by any
cause, shall be punished with imprisonment two (2) to five (5) years if the value of
those not exceed one thousand (L. 1, 000.00) lempiras and six (6) to twelve (12)
years if surpasses that amount, more absolute disqualification for twice the
The provisions of this Article shall also apply to managers of Trade Unions, farmers
' associations, cooperatives, trusts, charities or sports and generally all other
similar civil entities. [216]
Article 371. The public official or employee and management associations referred
to in the preceding article that culpably result in someone else appropriates the
funds, goods or effects that provision refers to, it shall be punished by fine of fifty
thousand (L 50, 000.00) to one hundred thousand (L 100, 000.00) lempiras and
disqualification of two (2) to four (4) years. [217]
Article 372. Any public official or employee who allocate the funds, goods or
effects administered to a purpose other than the rightful and if that does not cause
damage to the interests of the State, shall be punished by a fine of fifty thousand (L
. 50, 000.00) to one hundred thousand (L 100, 000.00) lempiras and
disqualification of three (3) to five (5) years.
If causes damage to such interests or hinder a public service, the penalty will be
equal to one hundred percent (100%) of the value of the damage caused or
expenses that the state should take to normalize the corresponding public
water supply, more absolute disqualification five (5) to eight (8) years. In no event
shall the fine be less than that indicated in the preceding paragraph. [218]
Article 373. be punished as provided in the first paragraph before the public official
or employee who, having expedited funds unreasonably delay a legally
enforceable payment article.
The same sanction to the public official or employee who, legally required, refuses
to give a sum of money or funds, goods or effects under their administration or
custody be imposed. [219]
Article 373-A .- The requirements of this Chapter shall apply to those who are
found responsible for any concept of management of funds, income or
departmental or municipal or effects belonging to an educational institution or
charity, as well as administrators or depositories flow embargoed, seized or
deposited by public authority even if they belong to particulares.- [220]
CHAPTER VII
NEGOTIATIONS WITH EXERCISE INCOMPATIBLES
PUBLIC FUNCTIONS
Article 374. Any public official or employee who directly or through another person,
or simulated acts, interested, to encourage personal gain, in any contract or
transaction in which were participating by virtue of his office, shall be punished by
imprisonment of three (3) to six (6) years and absolute disqualification for twice the
The provisions of the preceding paragraph shall apply to experts and private
accountants who participated in the appraisal, partition or allotment of goods and
conservators and trustees in bankruptcy. [221]
Article 375. The penalty established in the preceding Article shall apply to official
or employee who, for purposes of profit, interpose his influence to obtain a
resolution of any authority or opinion which must decide before the same .
CHAPTER VIII
FRAUD AND LEVIES ILLEGAL
Article 376. Any public official or employee who by virtue of his office involved in
any legal act and the State has an interest to agree with any of the interested
parties to defraud the treasury for the same purpose or use its condition favoring a
third party or to facilitate their personal, direct or indirect participation in the
benefits that could produce such questions or use any other devices with the
same purpose, shall be punished by imprisonment of six (6) to nine (9) years, more
absolute disqualification for twice the duration of detention. [222]
Article 377. Any public official or employee who requires payment of a tax or duty,
tax or rate knowing that it is illegal or being legal, use or collection for perception
vexatious or costly media or falsely invokes injunction or other lawful authority,
shall be punished with imprisonment of three (3) to five (5) years, plus
disqualification for twice the duration of detention.
Any public official or employee using in own or third parties benefit charges in the
preceding paragraph refers, it shall be punished by imprisonment of four (4) to
eight (8) years, plus absolute disqualification for a period equal to twice that term of
imprisonment. [223]
CHAPTER IX
PREVARICATION
Article 378. shall incur imprisonment of three (3) to nine (9) years, plus
disqualification for twice the duration of the detention, the judge with malice or
injustice conscience dictates sentence contrary to the law to favor or injure a
defendant in criminal matters. [224]
Article 379. is punishable by imprisonment of three (3) to five (5) years:
1)
2)
Article 380. incur the penalty of disqualification special three (3) to five (5) years:
1)
2)
3)
Article 381.- is punishable by imprisonment of two (2) to four (4) years special
disqualification for twice more duration of detention, the notary, lawyer, graduate in
law and social sciences or solicitor that abuse fulfilling its mandate or by
negligence or inexcusable ignorance harms your client or discover secrets of it has
known through the exercise of their profession.
Article 382. The legal professional or attorney who has acted or is acting as agent
and represent a person without the consent of the other party it or advise in the
same case, shall be punished with imprisonment of three (3) five (5) years. [227]
CHAPTER X
REFUSAL AND JUSTICE DELAYED
Article 383. Judge not to act on a request, demand, charge, complaint or
complaint legally or maliciously or irresponsibly delayed the administration of
justice, it shall be punished with disqualification of three (3) to six (6 ) years. [228]
Article 384. Any public official or employee missing the duties of his office and not
take the necessary steps to ensure the arrest and prosecution of an alleged
offender shall be punished by a fine of thirty thousand (L. 30, 000.00) to sixty mil
(L. 60, 000.00) lempiras, and disqualification of three (3) to six (6) years. [229]
CHAPTER XI
PERJURY, FALSE ACCUSATIONS AND COMPLAINTS
Article 385. The witness, expert or interpreter in his deposition, report, translation
or interpretation made by the competent authority, in whole or in part distorted the
truth or mute it, shall be punished with imprisonment of three (3) to five (5) years.
The penalty shall be three (3) to six (6) years, if committed perjury in a criminal
case to the detriment of the accused.
In all cases also it imposes absolute disqualification of three (3) to eight (8)
years. [230]
Article 386. incur the respective penalties the previous article who will present at
trial knowingly false witnesses.
Article 387.- the crime of false accusation or complaint is committed when a
person facts that if true would constitute crimes of which result in ex officio
procedure if the complaint is made to administrative or judicial officer is accused by
reason from office should proceed with investigation or punishment.
However, you can not proceed against the complainant or accuser but after the
case has been dismissed or acquitted.
The false accusation or complaint shall be punished by imprisonment of three (3)
to six (6) years. [231]
CHAPTER XII
CONCEALMENT
Article 388. shall incur imprisonment of three (3) to five (5) years, who without
prior agreement with the authors or accomplices of a crime, but with sufficient
grounds to believe the commission of this:
1)
2)
3)
4)
5)
6)
When the cover - run profit the penalty shall be increased by one third. If the
concealer runs the acts referred to in this article in usual manner, the penalty will
increase by fifty percent (50%). [232]
Article 389. Will not penalize those who are abetting your spouse or person with
whom makes marital life, or their relatives within the fourth degree of consanguinity
or second degree of affinity, unless it is used by itself or have aided criminals to
take advantage of the effects of crime.
CHAPTER XIII
EVASION
Article 390. Whoever evades being found legally arrested or convicted will be
further punished by imprisonment of five (5) to ten (10) years. If avoidance occurs
through intimidation or violence against people or force things, the penalty shall be
increased by one third (1/3) without perjury of the penalty to be applied to crimes
that result in intimidation, violence or force. [233]
Article 391.- shall be punished by imprisonment of five (5) to ten (10) years, who
collaborate with the escape of a detainee or convicted. If who favored a public
servant evasion was also the increase in (1/3) in the penalty for his status shall be
liable to disqualification for twice the time set for seclusion.
However exempted from criminal liability if the person who assists in the escape of
a detained or convicted, he may be their spouse or person with whom marital or
their relatives living within the fourth degree of consanguinity or second degree,
who has been evaded except for public servants. [2. 3. 4]
Article 392. shall be punishable with imprisonment of one (1) to three (3) years the
custodian of whose fault has occurred escape of a detainee or convicted. If
avoidance is because the prison warden or other officer, detention shall be three
(3) to six (6) years.
If avoidance is caused by willful misconduct of the custodian, warden or other
officer or prison employee, shall be punished by imprisonment of four (4) to nine
(9) years plus a fine of fifty thousand (L.50, 000.00) to seventy thousand (L .70,
000.00) lempiras, but disqualification for twice the duration of detention. [235]
Chapter XIII-A
CRIMES OF FINANCIAL FRAUD AND SMUGGLING and
sorrows. [236]
Article 392-A. Constitutes the crime of smuggling the introduction, extraction or
removal of the national territory, of goods or merchandise of any kind, origin or
provenance of places not or not authorized to carry out such operations, avoiding
in any way the action by the customs authorities or tax.
Contraband is also the introduction, removal or theft of the national territory of
goods whose admission, import, export or transit are legally prohibited or limited,
except in the latter case, the act adhere to strict adherence to legal regulations.
Contraband for configuration shall not be required the concurrence of a tax
loss. [237]
Article 392-B.- In accordance with the provisions of the preceding article constitute
Contraband:
1)
2)
3)
4)
5)
6)
7)
8)
9)
10)
eleven)
12)
13)
14)
fifteen)
16)
17)
18)
19)
twenty)
twenty-one)
22)
2. 3)
24)
25)
26)
27)
Article 392-C.- the crime of smuggling is punished:
1)
2)
3)
4)
In addition to the penalties mentioned above offenders will be sentenced to
confiscation of the instruments of crime, material evidence and other effects, as
required by Article 55 of the Penal Code; declared the confiscation of property may
be auctioned or allocated to welfare centers in accordance with the Act and the
proceeds of the sale will be used to improve the customs system, except for
perishable goods that can be auctioned or allocated by donation to charity
published before the sentences decreed to declare the seizure. [239]
Article 392-D. Tax fraud is any act or omission by which the payment of taxes,
levies or fees using methods, means or documents that create an undue
advantage to the detriment of Fisco evades, considering as such the following:
1)
2)
3)
4)
5)
6)
7)
8)
9)
10)
eleven)
12)
13)
14)
fifteen)
16)
17)
18)
19)
twenty)
Article 392-E.- The crime of tax fraud, shall be punished as follows:
1)
2)
3)
In addition to the aforementioned sentence penalty fine it will be imposed in the
amount of fifty percent (50%) of defrauded.
When you can not determine the amount defrauded in addition to the imprisonment
one fine equal to fifty percent (50%) of the estimated value of taxes omitted from
the official assessment it shall be imposed. [241]
Article 392-F.- is punishable by imprisonment of one (1) to three (3) years who
improperly take over goods placed in a tax or subject to audits enclosure and the
amount of their value does not exceed ten thousand ( L. 10 000.00) lempiras, and
three (3) to six (6) years when the amount exceeds ten thousand (L. 10 000.00)
lempiras.- [242]
CHAPTER XIV
GENERAL LAYOUT
Article 393.- For all purposes of this Code public official or employee shall be
deemed any natural person who, by operation of law or appointment of competent
authority involved in the exercise of public functions or plays a public office or
employment.
Public officials deemed mayors and aldermen. Public functions. [243]
TITLE XIV
FINANCIAL CRIME AND PUNISHMENT.
CHAPTER I
FINANCIAL CRIME AND PUNISHMENT. [244]
Article 394-A. Financial crime. Financial crime commits natural or legal person
through its legal representative, who by action or omission incurs any criminal
offense under this Chapter.
For purposes of this Chapter it shall be referred to the National Commission on
Banking and Insurance, as the Commission, as concerns the institutions are
deemed to include all those supervised by the Commission in accordance with
Article six (6) of the Act of the Commission. [245]
Article 394-B.- Performing Unauthorized Financial Intermediation and Resource
Collection Irregular Public. Who, without prior permission of the competent
authority, perform financial intermediation operations, raising funds from the public
to lend or give them to another under any legal concept or form shall be punished
three (3) to six (6) years when the brokerage cause no harm to others; and six (6)
to twelve (12) years when cause.- [246]
Article 394-C.- Provoke or take advantage of forced liquidation or declaration of
extraordinary mechanism of capitalization. The councilors or directors,
commissioners, managers or other persons who take part to any degree in the
management or administration of a supervised Institution stated in Settlement
Forzosa or subjected to extraordinary procedure Capitalization will be punished
twelve (12) to fifteen (15 ) years if, in the performance of their duties, have been
executed acts or under one of the following omissions:
1)
2)
3)
4)
5)
6)
7)
8)
9)
10)
eleven)
12)
Article 394-D.- Financial Operations unlawful. Who by any means, for personal
gain or a third party, seizes, misuses or causes the illicit transfer of money,
securities, property or other rights of a supervised institution, authorized, any
natural or legal person shall be punished with imprisonment of three (3) to six (6)
years when the benefit amount not exceeding ten thousand (L. 10 000.00)
lempiras, and six (6) to twelve (12) years if it exceeds said monto.- [ 248]
Article 394-E.- Destruction, Concealment, Forgery Financial Reporting for
credit. Whoever destroys, conceals or falsifies account books, social books, legal
documents, certifications, certificates, personal identity, data, records, financial
statements documents whose support is magnetic or electronic or other
information of a natural or legal person, for the purpose of obtain, maintain or
extend a credit facility or capital of a supervised institution shall be punished with
imprisonment of three (3) to six (6) years when the amount of the benefit obtained
does not exceed ten thousand (L. 10 000.00) lempiras it is six (6) to twelve (12)
years if it exceeds that amount. [249]
Article 394-F. Concealment Irregularities in financial activity. Whoever destroys,
alters, conceals or falsifies account books, social books, legal documents,
certificates, certificates, registrations in general, financial statements, document
whose support is magnetic or electronic or other information or file a supervised
institution, for the purpose of conceal, distort or maliciously modify active or
passive operations, direct or contingent obligations, illiquidity, insolvency or other
factual situations which are subject of accounting other record or, shall be
punished by imprisonment of six (6) to twelve (12 ) years. [250]
Article 394-G. Excess lending to legal. If your own benefit or a related party
directors, directors, officers or employees of supervised institutions that directly or
indirectly grant loans, approve and make investments or other financings in excess
of the amounts or percentages established by legal regulations, or concealment of
the true identity of the debtor shall be punished by three (3) to six (6)
imprisonment; and wherever this contributed to any causal forced liquidation or
implement the special mechanism occurs Capitalization will be punished by
imprisonment of six (6) to twelve (12) years. [251]
Article 394-H. Disclosure or dissemination of confidential information. Who
disclose or divulge any confidential information about matters communicated to
supervised institutions, or that they shall have been treated, or related to
operational or physical safety of banks, and those who exploit for personal
purposes to the detriment of the institution or third shall be punished by
imprisonment of six (6) to nine (9) years. The same penalty shall be liable, who
without authorization and with the purpose of obtaining an own or third parties
benefit, use any type of information that is not public knowledge and has been kept
secret.
The staff member or employee of the regulator or public official who know
confidential information from an institution supervised by virtue of his office, reveal
or disclose it causing damage shall be liable to the same penalty increased by one
third (1/3).
It is not considered disclosure or dissemination of confidential information,
exchange of information between the National Banking and Insurance
Commission, the Central Bank of Honduras, the Deposit Insurance Fund and
supervised or they each institutions. It is not considered disclosure or disclosure of
confidential information related to compliance with the law, court orders or
agreements signed exchanges of information regarding transfronterizada
monitoring and prevention Active laundering and terrorist financing.
Likewise, no disclosure of confidential information is considered, the exchange of
data between financial institutions or credit bureaus in order to protect the accuracy
and security of credit operations. [252]
Article 394-I. Misuse of Data Processing Systems. Any person entering illegally
systems data processing of supervised institutions, to alter, delete, damage or
subtract records, files or other information from the institution or its customers in
their own or another benefit, it shall be punished with imprisonment of three (3 ) to
six (6) years when the amount defrauded does not exceed ten thousand (L 10,
000.00) lempiras and six (6) to twelve (12) years if it exceeds that amount.
The same penalties incurred under any procedure who enter or misuses the
database of a supervised institution to steal money through electronic transfers
from one account to another in the same or different institution.
And who use credit or debit another person to make any payments, feigning holder
thereof. [253]
Article 394-J.- spreading false information about Supervisadas.- institutions who
disclose or allow false information about the financial situation of supervised
institutions disclosed, and thus endangers stability shall be punished by
imprisonment of three ( 3) to six (6) years.
The Member or official employee of the regulator to disclose or allow the disclosure
of false information shall be liable to the same penalty increased by one third (1/3)
.- [254]
Article 394-K.- Acts and Duties of Officials of regulators. Directors, officers,
managers or employees of state bodies which are legally required to monitor,
control, regulate and authorize the operations of Financial Institutions, which by its
actions, omissions or dereliction of duty to be responsible for a or more of those
entities are subject to forced liquidation or the extraordinary mechanism
Capitalization; or who knowingly allow to be expressed to the public and operate as
financial intermediaries, corporations that have not been duly authorized, they shall
be punished with imprisonment of three (3) to six (6) years. [255]
Article 394-L.- of responsibility for the Debtors Enforcement of unsecured
mortgages or pledges Credits. Shall be punished with imprisonment of six (6) to
nine (9) years, the natural person and representatives of legal persons who
knowingly and not meet credit obligations not secured by pledge or mortgage, hide
their assets, rights or transferring shares third parties.
The same penalty will incur one with the same purpose of not fulfilling obligations
to the institutions of the financial system or to promote defrauding if against himself
or through third parties any demand aimed at reducing their ability to pay. [256]
Article 394-M .- Dadivas, Present, offers or promises. The director, director, officer
or employee who request, receive or accept by itself or through instead of another
gift, present, offers or promises, to execute or not an act causing prejudice to the
institution providing the service shall be punished imprisonment of three (3) to six
(6) years. [257]
Article 394-N.- Offer Financial Services Undue not authorized through the mail,
telephone, television or other similar means. Who use public or private mail,
through commercial postal services, telephone, television or other similar means
bid or contract financial services with intent to defraud, it shall be punished with
imprisonment of three (3) to six (6) years. [258]
Article 394-O.- Lack of Presentation and delivery of documents. The legal
professional who, within thirty (30) days following the date of the declaration of
forced liquidation of a supervised institution, or request made by the liquidator
calendar days, do not give this a report indicating the amount of Fees due to them
for the work done to date and the state are matters to him entrusted, accompanied
by all the documents in its possession of the institution supervised liquidation, it
shall be punished with imprisonment of three (3) to six (6) years without prejudice
to deliver the report referred to. [259]
CHAPTER II
CRIMES IN THE ADMINISTRATION OF PUBLIC FUNDS AND
PRIVATE RETIREMENT AND PENSION AND PENALTIES.
Article 394-Q Crimes Against Private Retirement and Pension Funds and Public
Administration and sorrows. Commit crimes against the administration of public
and private funds Retirement and Pension and shall be punished by imprisonment
of six (6) to twelve (12) years, natural and legal persons:
1)
2)
3)
4)
5)
Article 394-Q.- penalty of a fine to be imposed on guilty of the crimes contained in
this Decree. The guilty of financial crimes, and administration of public and private
funds for pensions referred in the foregoing Articles of this title is made, it will be
imposed in addition, of imprisonment, a fine for the defrauded value or the
damage.
When the offense is committed on behalf of a legal person, in addition to the
sentence imposed on responsible under Article 34-A of Decree No. 191-96, dated
October 31, 1996, the legal person shall it suspension of the exercise of social
activity of six (6) months to two (2) years. Financial crimes in the legal person shall
be imposed the penalty of definitive prohibition to perform activities in the exercise
of which the offense was committed, subject to the provisions of the said Article of
Decree 191-96 dated October 31, 1996, as the responsibility of individuals that
represents. [261]
[260] Article 394-P, as amended by Addendum according to Decree No. 194-2004 dated 17 December 2004 published in
[261] Article 394-Q, as amended by Addendum according to Decree No. 194-2004 dated 17 December 2004 published in
BOOK THREE
FAULTS
TITLE I
GENERAL DISPOSITION
Article 394.- are applicable to the offenses, as appropriate, the provisions
contained in Book One of this code with the following modifications:
1)
2)
3)
4)
5)
6)
7)
Article 395. The judge may waive the penalty in the sentence who first commits a
foul when the Lightness of fact, the determining motives and the least dangerous of
the subject, there likely will not return to crime; without prejudice to the
corresponding civil liability.
TITLE II
LACK AGAINST PERSONS
Article 396. Shall be punished with imprisonment of thirty (30) to ninety (90) days :
1)
2)
3)
4)
Article 397. shall incur the penalty mentioned in the previous article, if the fact The
person was not covered in Book II of this code:
1)
2)
3)
4)
5)
Article 398.- will suffer imprisonment of fifteen (15) to sixty (60) days:
1)
2)
3)
4)
5)
6)
7)
8)
Article 399. shall be punished with imprisonment of ten (10) to thirty (30) days:
1)
2)
3)
4)
TITLE III
OFFENSES AGAINST PROPERTY
Article 400.- shall be punished with imprisonment of thirty (30) to ninety (90) days:
1)
2)
3)
4)
5)
6)
7)
Article 401. Shall be punished with imprisonment of one (1) to twenty (20) days:
1)
2)
3)
4)
5)
6)
7)
8)
9)
Article 402. Shall be punished with a fine of five hundred (L. 500,00) to nine (L.
900.00) lempiras, the owner of cattle that they go into inheritance or someone else
's field, fencing and cause damage. If not cause harm, the penalty will be two
hundred (L. 200.00) to five hundred (L. 500.00) lempiras. [262]
Article 403. If the cattle introduced WHATSOEVER purpose or by neglect or
negligence of the owners or managers, in addition to paying the recently expressed
these fine, suffer in their respective cases, prison thirty (30) to ninety (90) days
unless the fact constituted for crime.
Article 404. Shall be punished with imprisonment of thirty (30) to ninety (90) days
who perpetrate fire of any kind are not punished in Book II of this Code.
Article 405. Shall be punished with a fine of one hundred (L. 100.00) four hundred
Lempiras (L. 400.00):
1)
2)
Article 406.- Whoever causes damage whose value does not exceed five hundred
(L. 500.00) lempiras, it shall be punished by a fine equal to twice the respective
value.
[262] Article 402 as amended by Decree No. 191-96 dated October 31, 1996, published in the Official Gazette No. 28, 182
dated February 8, 1997 and effective as of February 28, 1997 .
If the tortfeasor subtracts or use objects or fruits of damage, in addition to the fine
provided for in the preceding paragraph shall be punished with imprisonment of
twenty (20) to thirty (30) days. [264]
Article 408.- Whoever taking advantage of waters belonging to another or
distracting them from their course, will cause damage to an amount not exceeding
ten lempiras (L.10.00), liable to imprisonment of five (5) to twenty (20) days.
Article 409. Whoever willfully, negligently or recklessly causing any damage not
punishable in this book or in the above shall be punished by a fine of one hundred
(L.100.00) to two hundred (L. 200.00) lempiras. [266]
TITLE IV
OFFENSES AGAINST GOOD HABITS
Article 410. Shall be punished with imprisonment of sixty (60) to ninety (90) days
and a fine of seven hundred (L. 700.00) to one thousand (1,000.00 lps.) Lempira:
1)
2)
3)
4)
[266] Article 409. amended by Decree No. 191-96 dated October 31, 1996, published in the Official Gazette No. 28, 182
dated February 8, 1997 and in force since February 28, 1997.
[267] Article 410 as amended by Decree 59-97 of May 8, 1997, published in the Official Gazette No. 28, 281 dated 10 June
1997 and in force since its publication.
TITLE V
OFFENSES AGAINST THE GENERAL INTEREST
REGIME AND POPULATIONS
Article 411.- shall be punished with imprisonment of ten (10) to thirty (30) days :
1)
2)
3)
4)
5)
Article 412.- shall be punished with imprisonment of sixty (60) to ninety (90) days
or a fine of eight hundred (L. 800.00) to one thousand lempiras (L.1, 000.00) the
physician or medical student, dentist or student dental, pharmaceutical or student
of chemistry and pharmacy, paramedic, nurse or midwife who, having provided
assistance to a person in respect of which it can be suspected of having
participated in the commission of a crime, do not give immediately notify the
competent authority [ 268].
and a fine of eight hundred (L. 800.00) to one thousand lempiras (L.1, 000.00),
who violate the regulations or ordinances of authority over processing
and safekeeping of flammable or corrosive materials or chemicals that can wreak
havoc. [269]
[268] Article
412. amended by Decree No. 191-96 dated October 31, 1996, published in the Official Gazette No. 28, 182
Article 414. In the manner provided in the preceding article shall be punished:
1)
2)
3)
4)
5)
6)
TITLE VI
OFFENSES RELATING TO THE ISSUANCE OF THOUGHT
Article 415. liable to imprisonment of sixty (60) to ninety (90) days and a fine of
eight hundred (L.800.00) to one thousand lempiras (L.1, 000.00) who:
1)
2)
TITLE VII
OFENSES AGAINST PUBLIC ORDER
Article 416. Whoever will cause damage or deterioration in streets, parks, gardens
or walks in street lighting, aqueducts and sewers, to telephone or telegraph
services to bridges or other infrastructure damaged or stolen road signs or object
of artistic ornament, historical, archaeological or public utility or recreation
monuments, even if they belong to individuals, shall be punished with
imprisonment of sixty (60) to ninety (90) days and a fine of eight hundred
(L.800.00) to one thousand (L.1,000.00) lempiras, whether by its gravity is not a
crime. [272]
and a fine of eight hundred (L.800.00) to one thousand lempiras (L1, 000.00) who:
1)
2)
[271] Article 415. amended by Decree No. 59-97 dated May 8, 1997, published in the Official Gazette No. 28, 281 dated 10
June.
[272] Article 416 as amended by Decree No. 191-96 dated 31 October 1996, published in the Official Gazette No. 28, 182
dated 8 February.
Article 418. Shall be punished with imprisonment of sixty (60) to ninety (90) days
and a fine of one thousand (L.800.00) to one thousand lempiras (L.1, 000.00) who:
1)
2)
3)
4)
5)
6)
The provisions of this Article shall not apply if gravity the fact constitutes an
offense. [274]
Article 419. The same penalty as laid down in the previous article, incur who
conceals his real name, home state or the authority or official who shall ask for the
reason of his office.
Article 420. In the same sanction of Article 413, shall be guilty Untitled who
pursues acts of a profession that demands it , when the fact he have signaled
greater penalty in this Code or other laws.
FINAL TITLE
CHAPTER ONE
[273] Article 417 as amended by Decree No. 191-96 dated 31 October 1996, published in the Official Gazette No. 28, 182
dated 8 February.
[274] Article 418. amended by Decree No. 59-97 dated May 8, 1997, published in the Official Gazette No. 28, 281 dated 10
June.
TRANSITIONAL AND FINAL PROVISIONS
Article 421.- If under this Code acts being judged or on which no decision was
rendered, thus constitute no crime or offense, the Court shall pass sentence
dismissal or stop running .
Article 422. The penalties of imprisonment, banishment, confinement and
banishment applied in accordance with the Criminal Code of 1906, other codes
and other special laws, shall be replaced by imprisonment without modification
regarding the duration thereof, unless the sanctions provided for in this Code are
more benign, in which case they will be applicable also the penalty of suspension
will become ex officio in special disqualification.
Article 423. institutions "Conditional Suspension of the Execution of Punishment"
and "The Probation" shall apply to those who have been convicted under previous
laws.
Article 424.- The deadlines established under this Code for the requirements of
the crime, the prosecution and punishment will apply to those who violated
previous criminal laws, provided that those deadlines they be more favorable.
Article 425. Only those responsible for crimes whose maximum penalty does not
exceed five (5) years may be heard during the release process, if the respective
bond yield in accordance with the law.
Article 426.- This Code shall enter into force one year after its publication in the
Official Journal "La Gaceta", and since then repealed the Penal Code decreed the
eight (8) February nineteen hundred and six (1906) its reforms and other
provisions that oppose it.
Given in the city of Tegucigalpa, Central District, in the meeting hall of the
National Congress, on the twenty day of August in 1983.
EPHRAIM JOSE BU GIRÓN
President
IGNACIO ALBERTO RODRIGUEZ ESPINOZA
Secretary
JUAN PABLO URRUTIA RAUDALES
Secretary
The Executive,
Therefore: Run
Tegucigalpa DC September 26, 1983.
Roberto Suazo Córdova
President
Secretary of State in the Ministry of Interior and Justice.
MEJÍA OSCAR ORELLANA
SUPREME COURT OF JUSTICE
Republic of Honduras, CA
DECREE NUMBER 23-2008
THE NATIONAL CONGRESS ,
CONSIDERING : That the implications and the serious damage that terrorist
attacks cause both individuals and goods, has encouraged the world 's nations to
implement ways or mechanisms for their prevention and control, among others,
signing international treaties and instruments.
CONSIDERING that internationally there is a strategy to prevent and combat
international terrorism avoiding their financial sustainability, which will succeed if
linked and coordinated with the struggle that takes place against money
laundering.
CONSIDERING: That the links between terrorism, money laundering and other
forms of transnational organized crime aggravate this threat when used by terrorist
groups as a mechanism to finance and support their activities, so it requires laws
that include measures prevention and repression of those activities aimed at
sustaining such acts.
WHEREAS : The Republic of Honduras is a signatory and has ratified international
instruments created to prevent and punish the crime of terrorism and its financing,
because no State can remain indifferent to the clear threat of terrorist acts.
CONSIDERING : That the State of Honduras is required in accordance with the
provisions of Resolution No. 1373 of the United Nations Security Council and the
Inter - American Convention against Terrorism, to issue laws to prevent and
suppress any kind of support entities or persons involved in the commission of
terrorist acts.
CONSIDERING : That corresponds to the National Congress, create, enact,
interpret, amend and repeal laws.
THEREFORE :
DECREES :
Article 1. Adding the Code of Criminal Procedure issued by Decree No. 144-83
dated August 23, 1983, reformed by Decree No. 191-96 of October 31, 1996, 59-
97 dated May 8, 1997; 117-2003; 194-2004 of December 17, 2004; 234-2005 of 1
September 2005; and 14-2006 dated March 15, 2006; the appointment and
following articles:
TERRORIST FINANCING
Article 335-A.- incur the crime of terrorist financing and shall be punished with
imprisonment of twenty (20) to thirty (30) years and a fine of one to five million
lempiras (L.1.000,000.00 to L.5.000, 000.00), who by any means, directly or
indirectly, provides or collects assets, dispense or tries to provide financial services
or other services, with the intention that they be used or knowing that they will be
used, in whole or in part, to finance the commission of terrorist acts or terrorist
organizations, even if they are not made or will be made in Honduras.
Do the crime financing of terrorism exists regardless of whether they come or
run; therefore it not is necessary that the funds were actually used to commit.
Article 335-B.- also commits the offense of terrorist financing and shall be
punished with imprisonment of twenty (20) to thirty (30) years and a fine of one to
five million lempiras (L.1.000,000.00 to L.5.000, 000.00). Who for the purpose of
facilitating the commission of criminal activities linked to terrorism, provide financial
securities, financial services, lodging, training, false documentation or identification,
communications equipment, facilities, weapons, lethal substances, explosives,
personnel, transportation and any other material or personal support. Relative to
the housing and transportation incur liability only if you have knowledge or intent of
the crime.
The same penalty will be punished who, for the purpose of facilitating the
commission of criminal activities linked to terrorism move, manage, custodie or
conceal material support to individuals or organizations knowingly that has been
used or will be used in the commission acts of terrorism.
Article 335-C.- also incur the crime of terrorist financing and shall be punished with
imprisonment of twenty (20) to thirty (30) years and a fine of one to two million
lempiras (L.1.000,000.00 to L. 2.000,000.00), who participates in acts or actual or
simulated contracts to cover up or hide assets in order to be used or intended to
finance the commission of terrorist acts or terrorist organizations.
Article 335-D.- who organizes the commission of any acts criminalized terrorist
financing or directing others to commit it , shall be punished with imprisonment of
twenty (20) to thirty (30) years and a fine of one to five million lempiras (L.1.000, to
L.5.000 000.00, 000.00).
Article 335-E.- who contribute to the knowledge of the intention of the terrorist
organization for the commission of one or more of the acts criminalized in the
preceding articles shall be punished by imprisonment of twenty (20) to thirty (30)
years and a fine of one million lempiras (L.1.000,000.00).
Article 335-F.- The acts criminalized in previous articles can not be justified by
considerations of a political, philosophical, ideological, racial , ethnic, religious or
other similar nature.
Article 335-G.- When those who commit the crime of terrorist financing offense
under the preceding articles are officers, employees or representatives of a legal
entity shall be punished in accordance with the provisions of Articles 335-A to 335-
E, above. Concerning the legal person shall be convicted unless the State
concerned, to pay a fine equal to twice the provisions of the preceding articles; and
also it is ordered to.
5)
6)
7)
8)
Article 335-H.- In the conviction for the offense of terrorist financing, confiscation
of assets used or has been intended to be used to commit the offense shall be
ordered, as well as assets that are the subject of crime or product thereof. Funds
and assets concerned, with all the details to identify and locate be designated.
Where it is not possible to identify the assets to be confiscated, you may order the
forfeiture of an amount equivalent to the value thereof.
Anyone seeking any claim on the assets seized by court order, may challenge it
only before the court which made the award, within one (1) year, counted from the
date of notification of the judgment. The written objection must be accompanied by
all documents that challenge and Judge, within three (3) days will resolve as melts.
Article 335-I.- Without prejudice to any criminal proceedings, it shall be null and
void any contract contained in a public or private instrument, given gratuitously or
for consideration, inter vivos or mortis causa, which is aimed at transferring assets
making possible the measures which the previous article refers to, including
seizure decreed in judgment.
In case of invalidity of a contract for pecuniary interest, its price will be returned to
the buyer as long as the contract has been entered into in good faith by this and
has actually been paid.
Article 2. This Decree shall enter into force twenty (20) days after the date of its
publication in the Official Gazette.
Given in the city of Tegucigalpa, Central District Municipality in the meeting hall of
the National Congress, on April 1, two thousand eight.
ROBERTO Micheletti
PRESIDENT
SAAVEDRA PAZ JOSE ALFREDO
SECRETARY
ARGENTINA VALLE ELVIA VILLALTA
SECRETARY
The Executive Branch.
Therefore: Run,
Tegucigalpa, MDC, April 24, 2008
ROSALES JOSE MANUEL ZELAYA
REPUBLIC PRESIDENT
Secretary of State in the Ministry of Interior and Justice.
VICTOR MEZA
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• DECREE 144-83 - PENAL CODE

December 1999, published in the Official Journal published in Official

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