Criminal Liability and Degrees of Crime Execution

Degrees of Crime Execution

Article 7: Not only are crimes or offenses punishable, but also frustrated and attempted acts.

• Frustrated Crime: There is a frustrated crime or offense when the offender has performed everything necessary for the execution of the crime, but the result is not produced due to factors beyond their control.
• Attempted Crime: There is an attempt when the offender begins the execution of the crime or offense by direct overt acts, but fails to perform one or more acts necessary for its completion.

Conspiracy and Proposal to Commit Crimes

Article 8: Conspiracy and the proposal to commit a crime or a simple offense are punishable only in cases in which the law specifically provides a penalty.

• Conspiracy: Exists when two or more persons conspire for the implementation of a crime or offense.
• Proposition: Is established when a person who has decided to commit a crime or a simple offense proposes its execution to another or others.

Individuals are exempt from any penalty for conspiracy or proposal if they abandon the implementation before starting the execution and before legal proceedings are initiated, provided the public authority is informed of the plan and its circumstances.

Categories of Criminal Liability

Article 14: The following are criminally liable for crimes:

1. The authors.
2. The accomplices.
3. The accessories after the fact.

Definition of Authors

Article 15: The following are considered authors:

1. Those who take part in the execution of the act, whether in a direct and immediate way, or by preventing efforts to avoid it.
2. Those who directly force or induce another to execute the act.
3. Those who, for the implementation of the act, provide the means with which it is effected or are present during the act without taking part in it.

Definition of Accomplices

Article 16: Accomplices are those who, not being included in the previous article, cooperate in the execution of the act by previous or simultaneous acts.

Accessories After the Fact

Article 17: These are individuals who, knowingly abetting the perpetration of a crime or simple offense without participating as perpetrators or accomplices, involve themselves after execution in any of the following ways:

1. By profiting themselves or providing the means for criminals to take advantage of the effects of the crime or offense.
2. By hiding or disabling the body, effects, or instruments of the crime or offense to prevent discovery.
3. By harboring, concealing, or providing for the escape of the guilty party.
4. By habitually protecting criminals, knowing they are such, or by providing them aid, weapons, or information to help them hide or escape.

Exemptions: Individuals are exempt from penalties if they are concealing their spouse or relatives by blood or marriage in a direct line, or collateral relatives to the second degree. This exemption does not apply to those who fall under the first category of this article (profiting from the crime).