Penal Code Article 72: Third Degree Treatment

Article 72: Third Degree Treatment

Paragraph 5 Requirements

The classification or progression to the third degree of treatment requires, in addition to the requirements prescribed by the Penal Code, that the offender has paid the liability arising from the crime. This considers the offender's observed behavior in order to return the abducted, repair material and moral damage, and compensate for personal and financial losses of the victim.

It also evaluates the offender's real, present, and future capacity to meet the appropriate liability, the safeguards that will ensure future satisfaction, the estimated enrichment obtained by the offender from the commission of the crime, and, where appropriate, damage or interference caused to public services, the nature of the damages caused by the crime, the number of injured parties, and their condition.

Applicable Offenses (Paragraph 5)

This rule applies when the inmate has been convicted of committing any of the following offenses:

• Crimes against property and against the socio-economic order that had significant and obvious injury to a generality of people.
• Offenses against the rights of workers.
• Offenses against Public Finance and Social Security.
• Crimes against public administration in Chapters V to IX of Title XIX of Book II of the Penal Code.

Paragraph 6: Terrorist Offenses

Similarly, classification or progression to the third degree of treatment for persons convicted of terrorist offenses in Section Two of Chapter V of Book II, Title XXII of the Penal Code, or committed within criminal organizations, requires, in addition to the requirements laid down in the Penal Code and the satisfaction of liability with their present and future income and assets as described in the previous section, showing unmistakable signs of having abandoned terrorist purposes and means.

They must also have worked actively with the authorities to prevent the commission of other crimes by the armed group, organization, or terrorist group, or to mitigate the effects of their crime, or for the identification, arrest, and prosecution of perpetrators of terrorist crimes, to obtain evidence, or to prevent the action or development of the organizations or associations to which they belonged or with which they were involved.

Proof of Abandonment and Collaboration

This may be proved by:

• An express statement rejecting their criminal activities and ceasing violence.
• An express apology to the victims of their crime.
• Technical reports demonstrating that the prisoner is genuinely detached from the terrorist organization and the environment and activities of surrounding illegal associations and groups, and their collaboration with the authorities.