Penal Code of Honduras

PRINCIPLE OF LEGALITY. No one may be punished for an action or omission that at the moment of its commission was not provided for as a crime or misdemeanor. No one may be punished with a penalty or security measure that has not been previously established by Law and imposed by a competent Judicial Body in accordance with procedural laws. No penalty or security measure may be executed in any manner other than that prescribed by Law. The criminal law applies retroactively in provisions most favorable to the accused or defendant, as well as to the convicted person. Nevertheless, unless expressly provided otherwise, acts committed under the validity of a temporary law shall be tried in accordance with it. The interpretation of this Code must be carried out in accordance with the sense of the Law and with gender criteria. Analogy is prohibited except when it benefits the accused or defendant, as well as the convicted person.

PRINCIPLE OF HARM. Only conduct that injures or endangers a legally protected interest is punishable. The application of Criminal Law must be limited to the most serious attacks against the most relevant legal interests.

PRINCIPLE OF HUMANITY OF PENALTIES. No one shall be sentenced with penalties or security measures that violate human dignity or constitute cruel, inhuman, or degrading treatment.

SUBJECTIVE RESPONSIBILITY. There is no penalty without willfulness or recklessness.

PRINCIPLE OF PROPORTIONALITY. The penalty must be set taking into account the gravity of the act and the culpability of the subject.

SPECIAL CRIMINAL LAWS. The principles and guarantees established in this Code shall be applied in special criminal laws.

PRINCIPLE NON BIS IN IDEM. One same fact or circumstance may not be used more than once for the legal qualification of a subject's conduct, provided it responds to the same basis. It is considered that there is no identity of basis in the punishment of continuous crime, recidivism, or habituality, in the terms established in this Code.

TERRITORIALITY. Criminal Law applies to acts committed in the national territory, as well as to those committed aboard a Honduran ship or aircraft and other places subject to the jurisdiction of Honduras, except for the exceptions stipulated in International Law approved by the State of Honduras.

EXTRATERRITORIAL APPLICATION OF CRIMINAL LAW. Criminal Law is applicable, even when the conduct has been carried out outside the national territory, in the following cases:

• 1)

  Personal Principle. When the conduct is punishable both in the place where the crime was committed and in the national territory, regardless of whether it receives a different designation, except that in accordance with Treaties and International Conventions subscribed to and/or ratified by the State of Honduras, this requirement is not necessary and provided that the punishable act meets one of the following conditions:

  • a)

    It has been committed by persons in the service of the State of Honduras and have not been tried in the place of commission of the conduct, by virtue of diplomatic or functional immunity;

  • b)

    It is committed against any natural or legal person who is Honduran or against their rights;

  • c)

    It is committed by Hondurans or foreigners naturalized as Honduran, after the commission of the act and have not been tried in the place of commission of the conduct or the imposed sentence has not been served;

  • d)

    It is committed by a stateless person with habitual residence in the national territory; and, e) It is committed by a person tried in Honduras who has escaped and has not fully or partially served the sentence.

• 2)

  Real or Protection Principle. Honduran jurisdiction is also competent to prosecute acts committed abroad that in accordance with Honduran legislation are susceptible to being classified as one of the following crimes:

  • a)

    Counterfeiting of currency and other securities;

  • b)

    Counterfeiting of seals, signs, and marks;

  • c)

    Crimes against the security and existence of the State;

  • d)

    Crime against public powers and the constitutional order; and, e) Crimes against Honduran Public Administration.

• 3)

  Universal Justice Principle. Regardless of the provisions in effect in the place where the punishable conduct was committed and the nationality of the author, crimes committed abroad may be tried and punished in accordance with Honduran criminal law when the conditions established in Treaties and International Conventions subscribed to and/or ratified by the State of Honduras are met, as well as when the perpetrators or the instruments of the crime are found within the national territory or in a place where the State of Honduras exercises jurisdiction, in the following crimes:

  • a)

    Genocide, crimes against humanity, and war crimes;

  • b)

    Money laundering and shell companies;

  • c)

    Trafficking in motor vehicles derived from illicit activities;

  • d)

    Illicit trafficking of persons, organs, anatomical materials, or fertilized ova;

  • e)

    Human trafficking;

  • f)

    Terrorism;

  • g)

    Illicit arms trafficking;

  • h)

    Illicit trafficking of drugs, narcotics, or psychotropic substances;

  • i)

    Sexual exploitation of minors under eighteen (18) years of age;

  • j)

    Forced disappearance of persons; and, k) Corruption of public officials or employees.

APPLICATION OF CRIMINAL LAW TO PERSONS. This Code applies to persons who at the moment of the commission of the punishable conduct are eighteen (18) or more years of age. In the case of minors under eighteen (18) years of age who commit an act classified as a crime in this Code, their responsibility shall be determined in accordance with the provisions of the legislation for children who have committed offenses.

EXCEPTIONS IN THE APPLICATION OF CRIMINAL LAW. Criminal legislation does not apply to the following persons:

• 1)

  Heads of State and Foreign Governments;

• 2)

  Diplomatic Agents of other States; and,

• 3)

  Other persons who enjoy jurisdictional immunity. The above in accordance with Treaties and International Conventions subscribed to and/or ratified by the State of Honduras and in accordance with the principle of reciprocity. TITLE II CRIMINAL RESPONSIBILITY CHAPTER I PUNISHABLE CONDUCT

CRIMES AND MISDEMEANORS. Crimes or misdemeanors are actions and omissions, whether willful or reckless, penalized by Law.

CLASSIFICATION OF CRIMES AND MISDEMEANORS. Based on the severity of the penalty to be imposed, crimes are classified into:

• a)

  Serious crimes those that are punished with serious penalties;

• b)

  Less serious crimes those that are punished with less serious penalties; and,

• c)

  When the penalty may, by its extent, be included in the two (2) preceding items, the crime is considered serious. Misdemeanors are punished with minor penalties.

COMMISSION BY ACTION AND BY OMISSION. Crimes whose legal description includes a result, without indicating the necessary means to produce it, may be committed either by action or by omission. Result crimes are only understood to be committed by omission when the failure to prevent the result, by the omitting party's violation of a personal legal duty, is equivalent to its causation. Personal legal duties are those derived directly from Law, from a contract, or from the creation by the omitting party of a situation of danger to a legal interest through a prior action or omission.

TIME OF COMMISSION OF THE CRIME. The crime is considered committed at the moment the subject acted or in the case of omission, when he should have acted, regardless of the moment when the result of such activity is produced. The applicable Law is the one in effect at the time of the commission of the crime or misdemeanor.

PLACE OF COMMISSION OF THE OFFENSE OR MISDEMEANOR. The offense or misdemeanor is considered committed in any of the following places:

• 1)

  In the place where the criminal activity develops, in whole or in part;

• 2)

  In the place where the result is produced; or,

• 3)

  In offenses or misdemeanors by omission, in the place where the omitted action should have been executed. CHAPTER II INTENT AND NEGLIGENCE

INTENT. Intent is the execution of the conduct typified with knowledge and will. A person also acts with intent whoever assumes the production of a result that, without being certain, can derive from the normal course of events.

PUNISHMENT OF NEGLIGENCE. Gross negligence is constituted by the production of the typical result, objectively foreseeable due to the violation of the most elementary rules of due care applicable to the specific situation. Negligent actions or omissions are only punished in cases where the Law expressly indicates. CHAPTER III PUNISHABLE PREPARATORY ACTS, ATTEMPT, DESISTMENT AND CONSUMMATION

DEGREES OF PUNISHABLE EXECUTION. Punishable are the consummated offense or misdemeanor and the attempt to commit an offense.

PUNISHABLE PREPARATORY ACTS. Conspiracy, proposition and provocation to commit a crime are only sanctioned in cases expressly indicated by Law:

• 1)

  There is conspiracy when two (2) or more persons agree to execute an offense and resolve to execute it;

• 2)

  There is proposition when one or more persons who have resolved to commit an offense offer to another or others to execute it; and,

• 3)

  There is provocation when directly inciting, by any means that facilitates publicity or before a group of persons, to commit an offense. In cases of desistment the subject is exempt from penalty, unless the acts already executed are in themselves constitutive of an offense or misdemeanor. It is understood that there is desistment when the subject voluntarily renounces the performance of executive acts and prevents or seriously, firmly and decidedly attempts to prevent the beginning of executive acts by other participants in the offense.

ATTEMPT. There is an attempt when the execution of an offense is initiated by external acts directly and objectively aimed at its consummation and this does not occur due to causes independent of the will of the agent. The classes of attempt are: a) INCOMPLETE ATTEMPT. An attempt is incomplete when the agent executes part of the acts aimed at producing the consummation of the offense, not concluding them due to causes beyond his will. b) COMPLETE ATTEMPT. An attempt is complete when the agent has performed all the acts that objectively should have led to the consummation of the offense and this did not occur.

DESISTMENT. There is desistment when, having initiated the execution of the offense, this does not occur due to causes dependent on the will of the agent, whether by: a) Interrupting the acts of execution; or, b) Preventing consummation. In cases of desistment the subject is exempt from penalty, unless the acts already executed are in themselves constitutive of an offense or misdemeanor. When there are multiple participants, those who desist from the execution already initiated and, being able to do so, prevent or seriously, firmly and decidedly attempt to prevent consummation are exempt from criminal responsibility, without prejudice to the responsibility they may have incurred for the acts executed if these are already constitutive of another offense. CHAPTER IV ERROR

ERROR. Error is subject to the following rules:

• 1)

  Invincible error regarding a constitutive element of the offense or misdemeanor excludes criminal responsibility. If the error, given the circumstances of the fact and the subject, were vincible, the fact must be punished, where applicable, as negligent;

• 2)

  Error regarding an element that qualifies or aggravates the infraction excludes its application; and,

• 3)

  Invincible error regarding the unlawfulness of the conduct constitutive of the infraction excludes criminal responsibility. If the error is vincible the penalty must be reduced by one third (1/3). CHAPTER V CRIMINALLY RESPONSIBLE PERSONS

CRIMINALLY RESPONSIBLE PERSONS. Criminally responsible for offenses and misdemeanors are the perpetrators and the participants.

PERPETRATOR. Perpetrator is the person who executes the punishable conduct, in whole or in part, by himself or making use of another or others as instruments, whether or not criminally responsible, as well as those who execute it jointly.

PARTICIPANTS. Participants are inducers and accomplices. Inducers are those who intentionally and by any means determine another to execute a criminal act. Accomplices are those not included in the previous article who cooperate in the execution of the act with prior or simultaneous acts.

RESPONSIBILITY FOR ACTIONS IN THE NAME OF ANOTHER. Whoever acts in legal or voluntary representation of a natural or legal person or as de facto or de jure administrator of a company is personally responsible for the conduct carried out although the qualities, conditions or relations required for the corresponding offense to be the subject of active liability do not concur in him, but do in the represented person.

CRIMINAL RESPONSIBILITY IN OFFENSES COMMITTED THROUGH MEANS OF DISSEMINATION. In offenses committed using means or media of dissemination, accomplices do not respond criminally. Those who are perpetrators only respond, in these cases, in a graduated, exclusive and subsidiary manner, in accordance with the following order:

• a)

  Those who have written the text or produced the sign in question and those who have induced them to do so;

• b)

  The directors of the publication or program in which it is disseminated;

• c)

  The directors of the publishing, broadcasting or disseminating company; and,

• d)

  The directors of the recording, reproduction or printing company. When for any reason other than the extinction of criminal responsibility, including the declaration of default or residence outside Honduras, none of the persons included in any of the preceding subsections can be prosecuted, the proceedings must be directed against those mentioned in the immediately subsequent subsection. CHAPTER VI APPARENT CONCURRENCE OF NORMS

APPARENT CONCURRENCE OF NORMS. When the same conduct is described in several legal norms that exclude each other, only one of them must be applied, in accordance with the following rules:

• 1)

  The special norm prevails over the general;

• 2)

  The subsidiary norm only applies in the absence of the principal;

• 3)

  The norm that describes the punishable conduct more broadly absorbs those that provide for the situations described in that norm; and,

• 4)

  In the absence of the above criteria, the norm of the most serious offense committed is applied. TITLE III EXEMPTING OR MITIGATING CIRCUMSTANCES OF CRIMINAL RESPONSIBILITY CHAPTER I CIRCUMSTANCES THAT EXEMPT CRIMINAL RESPONSIBILITY

CAUSES FOR EXEMPTION OF CRIMINAL RESPONSIBILITY. The following are causes for exemption of criminal responsibility:

• 1)

  Non-imputability. A person is non-imputable who, at the moment of the action or omission and as a consequence of psychological anomaly or alteration, alteration in perception or complete intoxication, does not possess the capacity to understand the unlawful character of his conduct or to act in accordance with that understanding, as well as a child under twelve (12) years of age. The mental disorder does not exempt from responsibility when it has been brought about with the purpose of committing an offense or if its commission should have been foreseen or could have been foreseen;

• 2)

  Exercise of a right, profession, office or fulfillment of duty. Whoever acts in fulfillment of a specific legal duty or in the legitimate exercise of a right, profession or office;

• 3)

  State of necessity. Whoever, in a state of necessity, to avoid injury to himself or others injures a legal right of another person or violates a duty, provided that the following requirements are met:

  • a)

    That the harm caused is not greater than the harm to be avoided;

  • b)

    That the state of necessity has not been intentionally provoked by the subject; and, c) That the person in need does not have, by his profession or office, the obligation to sacrifice himself.

• 4)

  Legitimate defense. Whoever acts in defense of his own person or rights or those of others, provided that the following requirements are met:

  • a)

    Actual unlawful aggression;

  • b)

    Reasonable necessity of the means employed to prevent or repel the aggression; and, c) Lack of sufficient provocation by the person defending himself. It is understood that the three (3) preceding circumstances concur with respect to whoever rejects the scaling or breaking of fences, walls, entrances of an inhabited house or apartment or its dependencies or employs violence against a person foreign to it when caught within the aforementioned places; and,

• 5)

  Insuperable fear. Whoever acts impelled by insuperable fear. CHAPTER II CIRCUMSTANCES THAT MODIFY CRIMINAL RESPONSIBILITY

MITIGATING CIRCUMSTANCES. The following are common mitigating circumstances:

• 1)

  The causes for exemption from criminal responsibility when any of the non-essential requirements required for their appreciation are not present. These causes shall be considered as qualified mitigating circumstances;

• 2)

  Acting under stimuli so powerful as to produce in the subject outburst or obsession of similar magnitude;

• 3)

  The guilty party having proceeded to repair the damage caused or to diminish the harmful effects of the crime before the conclusion of preliminary investigations;

• 4)

  The guilty party being over eighteen (18) years of age and under twenty-one (21);

• 5)

  The guilty party having proceeded, before becoming aware of the initiation of judicial proceedings, to confess the infraction to the authorities; and,

• 6)

  Any other circumstance analogous to the foregoing.

AGGRAVATING CIRCUMSTANCES. The following are common aggravating circumstances:

• 1)

  Executing the act with treachery. There is treachery when the guilty party commits any of the crimes against persons, employing means, modes or forms in the execution that tend directly and specially to ensure it, without risk to their person proceeding from the defense that the offended party could make;

• 2)

  Executing the act through abuse of superiority or trust;

• 3)

  Acting with cruelty in the execution of the act, deliberately increasing the suffering of the victim;

• 4)

  Executing the act through disguise or taking advantage of the circumstances of time and place to facilitate its execution or the impunity of the offender;

• 5)

  Committing the act for price, reward or remunerative promise;

• 6)

  Taking advantage of the public character held by the guilty party;

• 7)

  Executing the act making use of a person under eighteen (18) years of age or with disability;

• 8)

  Committing the crime for racist motives or other reasons related to the ideology, religion or beliefs of the victim, age, language, family situation, ethnicity, race or nation to which they belong, their sex, sexual orientation or gender identity, gender-based reasons, illness or disability; and,

• 9)

  Recidivism. There is recidivism when upon committing a crime, the guilty party had been definitively sentenced for a crime of the same nature. Final sentences handed down by foreign judicial organs produce the effects of recidivism in the cases designated by Law. For purposes of recidivism, canceled criminal records or those that should be canceled are not computed, nor those corresponding to negligent crimes.

MIXED CIRCUMSTANCE OF KINSHIP. The circumstance of kinship may mitigate or aggravate the penalty, in accordance with the nature, motives and effects of the crime, if the guilty party is or was a spouse or person with whom the offended party maintains or maintained a stable relationship of analogous nature to the foregoing, or is an ancestor, descendant, sibling of the offended party or of their spouse or cohabitant. TITLE IV PENALTIES CHAPTER I CLASSES AND EFFECTS OF PENALTIES SECTION I CLASSES OF PENALTIES

CLASSIFICATION OF PENALTIES. The penalties that may be imposed are deprivations of liberty, deprivations of other rights, and fines, whether as principal penalties or as accessory penalties. Precautionary measures, deprivations of rights established in civil laws, and administrative sanctions shall not be considered penalties. Penalties are classified by their nature and by their duration.

CLASSES OF PENALTIES BY THEIR NATURE. Penalties by their nature are classified into deprivations of liberty, deprivations of other rights, and fines.

• 1)

  Deprivations of liberty penalties are:

  • a)

    Life imprisonment;

  • b)

    Imprisonment;

  • c)

    House arrest; and, d) Weekend detention.

• 2)

  Deprivations of other rights penalties are:

  • a)

    Expulsion from national territory;

  • b)

    Performance of public utility services or services to victims;

  • c)

    Deprivation of the right to drive motor vehicles, aircraft and vessels;

  • d)

    Deprivation of rights to possess and carry firearms, explosives and similar items;

  • e)

    Disqualification from obtaining public subsidies and aid, from contracting with the public sector, and from enjoying tax benefits or incentives or Social Security benefits;

  • f)

    Suspension of citizenship;

  • g)

    Loss of nationality;

  • h)

    Absolute disqualification;

  • i)

    Special disqualification from public office or position;

  • j)

    Special disqualification from profession or occupation, industry or commerce;

  • k)

    Special disqualification from parental authority, guardianship, care or curatorship;

  • l)

    Prohibition of residence;

  • m)

    Prohibition of approaching or communicating with the victim; and, n) Permanent location monitoring.

• 3)

  Fine penalties are: a) Day-fines; and, b) Proportional fine.

CLASSES OF PENALTIES BY THEIR DURATION. Penalties are classified according to their duration into serious and less serious: 1) Serious penalties are: a) Life imprisonment; b) Imprisonment exceeding five (5) years; c) Deprivations of rights to drive motor vehicles, aircraft and vessels, to possess and carry firearms, explosives and similar items, exceeding five (5) years; d) Loss of nationality; e) Suspension of citizenship; f) Absolute disqualification; g) Special disqualifications exceeding five (5) years; and, h) Prohibitions of residence or of approaching or communicating with the victim exceeding five (5) years. 2) Less serious penalties are:

• a)

  Imprisonment from six (6) months to five (5) years;

• b)

  House arrest from six (6) months to three (3) years;

• c)

  Weekend detention exceeding fifteen (15) weekends;

• d)

  Performance of public utility services or services to victims equal to or exceeding ninety (90) days;

• e)

  Deprivations of rights to drive motor vehicles, aircraft and vessels, to possess and carry firearms, explosives and similar items, exceeding one (1) year up to five (5) years;

• f)

  Prohibitions of residence or of approaching or communicating with the victim exceeding six (6) months up to five (5) years;

• g)

  Special disqualifications exceeding one (1) year up to five (5) years;

• h)

  Permanent location monitoring exceeding six (6) months up to five (5) years;

• i)

  Day-fines exceeding one hundred (100) days; and, j) Proportional fine. 3) Minor penalties are:

  • a)

    Imprisonment under six (6) months;

  • b)

    House arrest of less than six (6) months;

  • c)

    Weekend detention up to fifteen (15) weekends;

  • d)

    Performance of public utility services or services to victims under ninety (90) days;

  • e)

    Deprivations of rights to drive motor vehicles, aircraft and vessels, to possess and carry firearms, explosives and similar items, from three (3) months to one (1) year;

  • f)

    Special disqualifications from three (3) months to one (1) year;

  • g)

    Prohibitions of residence or of approaching or communicating with the victim of up to six (6) months;

  • h)

    Permanent location monitoring up to six (6) months; and,

  • i)

    Fine under one hundred (100) days. SECTION II DEPRIVATION OF LIBERTY PENALTIES

THE PENALTY OF LIFE IMPRISONMENT. When the Law so provides, the penalty of imprisonment shall be for life. This penalty involves the deprivation of liberty for life, without prejudice to its review; and, The penalty of life imprisonment must be reviewed by the competent Judicial Organ to assess the appropriateness of its suspension when the following requirements are met:

• a)

  That the convicted person has served thirty (30) years of their sentence;

• b)

  That the convicted person has observed good conduct in the penitentiary establishment and there is no danger of reiteration of criminal conduct, in view of the characteristics of the act and the personal circumstances of the perpetrator; and,

• c)

  That the convicted person has satisfied, where applicable, the civil liabilities arising from the criminal act, unless the competent Judicial Organ, after hearing the interested parties and the Public Ministry (MP), declares the total or partial impossibility of the subject fulfilling them. The competent Judicial Organ must resolve on the suspension of the penalty of life imprisonment following an oral contradictory procedure in which the Public Ministry (MP) and the convicted person, assisted by their defense attorney, participate. The suspension of execution must have a duration of five (5) to ten (10) years. The provisions contained in the articles concerning conditional suspension of execution of the penalty shall be applicable, insofar as they do not contradict what is stipulated in this article. The competent Judicial Organ, in view of the possible modification of the circumstances assessed, may change the decision previously adopted and agree to the imposition of new prohibitions, duties or benefits, the modification of those already agreed upon, or their revocation. Likewise, the competent Judicial Organ must revoke the suspension if a change in circumstances occurs that no longer permits maintaining the prognosis of lack of dangerousness on which the suspension decision was based. If suspension of the penalty of life imprisonment is denied, the penalty cannot be reviewed again until one year has elapsed since the denial.

PENALTY OF IMPRISONMENT. The penalty of imprisonment consists of the deprivation of liberty of the convicted person and entails the suspension, restriction and limitation of other freedoms connected with and inherent to the regime of deprivation of liberty, in accordance with what is established by Law. It must be served in penitentiary establishments or under the regime established by Law. The penalty of imprisonment has a minimum duration of one (1) month and a maximum of thirty (30) years, except for those crimes that carry a penalty of life imprisonment.

HOUSE ARREST. House arrest obliges the convicted person to remain in their home or in a specific place determined by the competent Judicial Organ in the sentence or subsequently in a reasoned order. House arrest has a duration of up to five (5) years. The competent Judicial Organ may exceptionally authorize departure from the home to avoid possible desocializing effects of the penalty, with such time also being counted as service of the house arrest. To guarantee its compliance, the competent Judicial Organ may agree to the use of mechanical or electronic means that permit the location of the convicted person. If the convicted person fails to comply with the penalty, the competent Judicial Organ, without prejudice to filing a report for breach of sentence, must agree that the remaining time of deprivation of liberty be served in the penitentiary establishment closest to their home. For these purposes, each day of house arrest is equivalent to one day of imprisonment. If the penalty of house arrest proves impossible or very difficult to execute due to the indeterminacy of the home address of the guilty party or another similar cause, it must be substituted with imprisonment. For these purposes, one (1) day of house arrest is equivalent to one (1) day of imprisonment.

THE PENALTY OF WEEKEND DETENTION. The penalty of weekend detention consists of the deprivation of liberty during Saturday and Sunday in a detention center designated for such purpose, with a minimum duration of thirty-six (36) hours and a maximum of forty-eight (48) hours for each weekend. Notwithstanding the foregoing, the competent Judicial Organ, in consideration of the labor, family or educational circumstances of the convicted person, having heard from the convicted person and the Public Ministry (MP), may order that the penalty of weekend detention be served on other days of the same week. If the convicted person incurs two (2) unjustified absences, the competent Judicial Organ, without prejudice to the responsibility that may correspond for the breach of sentence, may agree that detention be executed continuously in the penitentiary establishment closest to their home or, in its absence, in the one designated by the competent Judicial Organ. For these purposes, each weekend is equivalent to two (2) days of imprisonment. The penalty referred to in this article has a minimum duration of four (4) and a maximum of fifty-six (56) weekends. SECTION III DEPRIVATION OF OTHER RIGHTS PENALTIES

LOSS OF NATIONALITY. Loss of nationality involves the deprivation of nationality from Hondurans who are not of original status and the impossibility of obtaining it during the time of the sentence.

SUSPENSION OF CITIZENSHIP. Suspension of citizenship involves special disqualification from the exercise of the right to vote both actively and passively, from holding public office and being a public official or employee, as well as from associating to constitute political parties. The penalty of suspension of citizenship has a maximum duration of ten (10) years, except in those cases in which its duration is associated with a penalty of imprisonment, in which case it has the duration of the latter, unless expressly stated otherwise.

ABSOLUTE DISQUALIFICATION. Absolute disqualification produces the definitive deprivation of all honors, public offices or positions, even if elective, as well as incapacity to obtain these or other public offices or positions and to be elected for public office during the time of the sentence. The penalty of absolute disqualification has a duration of five (5) to twenty (20) years, unless expressly stated otherwise in this Code.

SPECIAL DISQUALIFICATION FROM PUBLIC OFFICE OR POSITION. Special disqualification from public office or position produces the definitive deprivation of the public office or position to which it applies, even if elective, and of the honors that are annexed to it, provided that they have had a direct relationship with the crime committed. It also produces incapacity to obtain the same or other analogous offices or positions during the time of the sentence. The sentence must specify the public office or position and the honors to which it applies. The penalty of special disqualification from public office or position has a duration of three (3) months to twenty (20) years, unless expressly stated otherwise in this Code.

DISQUALIFICATION FROM PROFESSION, OCCUPATION, COMMERCE OR INDUSTRY. Special disqualification from profession, occupation, commerce or industry involves the deprivation of the right to its exercise during the time of the sentence, provided that they had a direct relationship with the crime committed. The sentence must specify the profession, occupation or activity to which the disqualification applies. The penalty of special disqualification from profession, occupation, commerce or industry has a duration of three (3) months to twenty (20) years, unless expressly stated otherwise in this Code.

DEPRIVATION OF THE RIGHT TO OPERATE MOTOR VEHICLES, AIRCRAFT AND VESSELS. The penalty of deprivation of the right to operate motor vehicles, aircraft and vessels entails the impossibility of exercising these rights during the term of the sentence. The penalty has a duration of three (3) months to ten (10) years, unless expressly provided otherwise in this Code.

PROHIBITION ON POSSESSION AND CARRYING OF FIREARMS, EXPLOSIVES, AMMUNITION AND RELATED MATERIALS. The prohibition on possession and carrying of firearms, explosives, ammunition and related materials entails the impossibility of possessing and carrying these during the term of the sentence. The penalty has a duration of three (3) months to twenty (20) years, unless expressly provided otherwise in this Code.

DISQUALIFICATION FOR OBTAINING SUBSIDIES AND PUBLIC ASSISTANCE, FOR CONTRACTING WITH THE PUBLIC SECTOR AND PUBLIC-PRIVATE PARTNERSHIPS AND FOR ENJOYING TAX BENEFITS OR INCENTIVES OR SOCIAL SECURITY BENEFITS. The disqualification for obtaining subsidies and public assistance, for contracting with the public sector and public-private partnerships and for enjoying tax benefits or incentives or Social Security benefits entails the impossibility of obtaining such benefits during the term of the sentence. The penalty has a duration of three (3) months to ten (10) years, unless expressly provided otherwise in this Code.

SPECIAL DISQUALIFICATION FROM PARENTAL AUTHORITY, GUARDIANSHIP, CUSTODY OR STEWARDSHIP. The special disqualification from parental authority, guardianship, custody or stewardship deprives the convicted person of the rights inherent to the first and entails the extinction of the others, as well as the incapacity to obtain appointment to such positions during the term of the sentence. The disqualification from parental authority leaves subsisting the rights that the child may hold with respect to the convicted person. The competent Judicial Authority may impose these penalties with respect to all or any of the minors or persons with disabilities under the care of the convicted person, taking into account the circumstances of the case. The penalty has a duration of three (3) months to twenty (20) years, unless expressly provided otherwise in this Code.

PROVISION OF PUBLIC UTILITY SERVICES OR SERVICES TO VICTIMS. The provision of public utility services or services to victims obligates the convicted person to perform gratuitously activities of public utility, which may consist of damage repair work, support or assistance to victims, participation in workshops or training or re-education programs, labor, cultural, traffic safety, sexual education or other similar programs that bear relation to the crime committed. The service must be provided at the places and times determined by the competent Judicial Authority for which it must take into account the labor and educational activities of the subject and his concrete capacities. Its daily duration has a minimum of four (4) and a maximum of eight (8) hours of work. No fewer than twenty (20) nor more than forty (40) hours of work per week must be imposed. The penalty of provision of public utility services or services to victims has a duration of one (1) month to one (1) year, unless expressly provided otherwise in this Code. The public utility services or services to victims must be provided by the Public Administration, which may establish the appropriate agreements for such purposes. Public utility services or services to victims cannot be imposed without the consent of the convicted person, must in all cases respect his dignity and he must enjoy the protection afforded by penitentiary legislation regarding social security. If the convicted person incurs two (2) unjustified absences, the competent Judicial Authority, without prejudice to the responsibility that may correspond for breach of sentence, may agree to substitute the remaining time of public utility services or services to victims by home confinement or permanent localization. For these purposes, four (4) hours of work are equivalent to one (1) day of home confinement or one (1) day of permanent localization.

PENALTIES OF PROHIBITION OF RESIDENCE, PROHIBITION OF APPROXIMATION OR PROHIBITION OF COMMUNICATION WITH THE VICTIM. The prohibition of residence deprives the convicted person of the right to reside or go to the place where he committed the crime or to the place where the victim or his family resides, if they are different. The prohibition to approach the victim, or any of his family members or other persons that the competent Judicial Authority determines, prevents the convicted person from approaching his home, his workplaces and any other place frequented by them. The prohibition of communication with the victim or with any of his family members or other persons that the competent Judicial Authority determines, prevents the convicted person from establishing contact with them, by any means of communication, electronic or computer-based, verbal, written or visual contact. To guarantee compliance with these penalties the competent Judicial Authority may agree to the use of mechanical or electronic means. These penalties must have a duration of three (3) months to ten (10) years, unless expressly provided otherwise in this Code. The prohibitions of residence and approximation to the victim cannot be subject to simultaneous compliance with penalties of imprisonment or home confinement. Its execution must only begin when the subject has been released.

PENALTY OF PERMANENT LOCALIZATION. The penalty of permanent localization obligates the convicted person to submit to judicial control through the fulfillment of one or more of the following conditions:

• 1)

  Obligation to always be locatable by electronic means;

• 2)

  Prohibition to leave his home at specified hours;

• 3)

  Prohibition to go to determined places;

• 4)

  Prohibition to leave the place of residence without authorization from the competent Judicial Authority; and 5) Obligation to appear periodically before the competent Judicial Authority. To guarantee compliance with the penalty, the competent Judicial Authority may agree to the use of electronic means. The penalty of permanent localization may have a duration of up to five (5) years. If the convicted person breaches the obligations or prohibitions imposed, without prejudice to the responsibility that may correspond for breach of sentence, the remaining time of permanent localization may be substituted by imprisonment or weekend detention. For these purposes, one (1) day of permanent localization is converted into one (1) day of imprisonment, and two (2) days of permanent localization into one weekend of detention. Likewise the convicted person must notify the competent Judicial Authority of any eventual change of residence during the period in which his penalty lasts. SECTION IV FINE

PENALTY OF DAILY FINES. The penalty of daily fines obligates the convicted person to pay a sum of money to the State of Honduras, through the General Treasury of the Republic or the institution designated by Law. The fine penalty is imposed by the system of daily fines, unless this Code provides otherwise. Its extent is from ten (10) to two thousand (2,000) days and each daily fine has a value of not less than Twenty Honduran Lempiras (L.20) nor greater than Five Thousand Honduran Lempiras (L5,000). The competent Judicial Authority must establish with justification in the judgment the extent of the penalty within the limits indicated for each crime and in accordance with the rules for determination of penalty provided in this Code. It must likewise determine in the judgment the sum of money corresponding to each daily fine, in accordance exclusively with the economic situation of the convicted person, taking into account all his daily income as well as reasonable expenses to meet his needs and his family responsibilities. For the determination of the value of the daily fine, the competent Judicial Authority must obtain necessary information from public and private entities, without prejudice to the provision of evidence on such matter provided by the convicted person.

PROPORTIONAL FINE. Notwithstanding what is provided in the previous article, when this Code so determines, the fine is established in proportion to the damage caused, to the value of the object of the crime or to the benefit obtained or pursued with it. In these cases, the competent Judicial Authority must set the fine within the limits indicated for each crime, considering, to determine its amount in each case, not only the mitigating and aggravating circumstances of the act but mainly the economic situation of the culprit. When it is not possible to calculate the fine based on the concepts indicated in the first paragraph of this Article, the competent Judicial Authority must give reasons for such impossibility, substituting the fines provided for one of the following:

• 1)

  Fine of one thousand (1000) to two thousand (2000) days, if the crime committed is punished, in addition to the fine penalty, with an imprisonment penalty exceeding five (5) years;

• 2)

  Fine of six hundred (600) to one thousand (1000) days, if the crime committed is punished, in addition to the fine penalty, with an imprisonment penalty between two (2) and five (5) years; and,

• 3)

  Fine of three hundred (300) to six hundred (600) days, in the remaining cases.

PAYMENT OF THE FINE. The fine penalty, whether as daily fines or proportional, must be satisfied within thirty (30) days following the finality of the judgment. Notwithstanding what is provided in the preceding paragraph, the competent Judicial Authority, considering the economic situation of the convicted person, may agree to deferred payment or payment in installments within a period of two (2) years. In this case, non-payment of two (2) installments determines the expiration of the remaining ones. If after the judgment the economic situation of the convicted person worsens, the competent Judicial Authority, exceptionally and after verification of such situation, may modify both the amount of the daily installments or of the fine within the limits indicated by law for the crime in question, as well as the periods for its payment.

NON-COMPLIANCE WITH THE FINE PENALTY. SUBSIDIARY CRIMINAL LIABILITY FOR NON-PAYMENT OF THE FINE. If the convicted person does not voluntarily satisfy or through legal enforcement the fine imposed, he is subject to subsidiary personal liability of one (1) day of deprivation of liberty for every two (2) daily installments not satisfied, which may be fulfilled in the form of weekend detention or home confinement. The competent Judicial Authority may also, with the prior consent of the convicted person, agree that the subsidiary personal liability be fulfilled through public utility services or services to victims. In this case, each day of deprivation of liberty is equivalent to one (1) work day. In cases of proportional fine the competent Judicial Authority must set, at its discretion, the subsidiary personal liability that applies, which cannot exceed, in any case, two (2) years in duration. It may also be agreed, with prior consent of the convicted person, to fulfill it through services in benefit of the community. This subsidiary personal liability is not imposed on convicted persons deprived of liberty for more than five (5) years. Compliance with the subsidiary personal liability extinguishes the obligation to pay the fine, even if the subject improves his economic situation.

ACCESSORY PENALTIES. Disqualification penalties are accessory in cases where, not being specifically provided for in a crime, the Law declares that other penalties carry them with them.

ACCESSORY PENALTIES OF ABSOLUTE AND SPECIAL DISQUALIFICATION. The penalty of imprisonment for more than five (5) years carries with it that of absolute disqualification during the term of the sentence, unless it is already provided for as a principal penalty in the crime in question. The penalty of imprisonment not exceeding five (5) years carries with it one or more of the following accessory penalties, unless they are already provided for as a principal penalty in the case in question:

• 1)

  Special disqualification from public office or employment during the term of the sentence, provided that these rights have had direct relation to the crime committed;

• 2)

  Special disqualification from profession, trade, commerce or industry during the term of the sentence, provided that these rights have had direct relation to the crime committed; and,

• 3)

  Special disqualification for the exercise of parental authority, custody, guardianship or stewardship during the term of the sentence, provided that these rights have had direct relation to the crime committed.

CREDIT FOR PROVISIONAL IMPRISONMENT AND OTHER PRECAUTIONARY MEASURES. The time of deprivation of liberty suffered provisionally must be credited in its entirety, in accordance with what is provided in the Criminal Procedural Code, for the fulfillment of the penalty or penalties imposed in the case for which such deprivation was ordered, except insofar as it has coincided with any deprivation of liberty imposed on the convicted person in another case that has been credited to him or is creditable in it. This rule applies also with respect to deprivations of rights ordered as precautionary measures. If the precautionary measures suffered and the penalty imposed are of a different nature, the competent Judicial Authority shall order that the imposed penalty be considered executed in that portion that it deems compensated. When the penalty imposed is a fine and the convicted person has been subjected to preventive imprisonment, each day of imprisonment is equivalent to two (2) days of fine.

PENALTY FOR THE AUTHOR. The penalty fixed in the Law is the one that corresponds to the author of the consummated crime.

PENALTY FOR PARTICIPANTS. Inciters of a consummated or attempted crime must be imposed the same penalty established by Law for the perpetrators of the same crime. Accomplices of a consummated or attempted crime must be imposed the penalty established by Law for the perpetrators of the same crime, reduced by one-third (1/3).

PENALTY FOR ATTEMPT. Perpetrators of attempted crime must be imposed the penalty for the consummated crime reduced by one-fourth (1/4) if it is a consummated attempt, and by one-third (1/3) in case of an unconsummated attempt.

ATTEMPT AND PARTICIPATION SPECIFICALLY PROVIDED FOR. The previous rules are not applicable in cases in which the attempt and participation are specially penalized by Law.

SECTION II INCOMPLETE EXEMPTION

PENALTY FOR CASES OF INCOMPLETE EXEMPTION. In the cases provided for in numeral 1) of Article 31 of this Code, the competent Judicial Body, considering the number and identity of the requirements that are missing or present, may impose the penalty corresponding to the crime committed reduced by one-third (1/3) or one-fourth (1/4), applying it to the extent deemed appropriate, taking into account the personal circumstances of the perpetrator and, where applicable, the remaining aggravating or attenuating circumstances. SECTION III CONCURRENCE OF CRIMES

CONCURRENCE OF CRIMES. Concurrence of crimes exists when one (1) or more actions or omissions are carried out and two (2) or more legal rules are effectively violated.

REAL CONCURRENCE. Real concurrence exists when the same subject carries out two (2) or more actions or omissions and thereby violates the same penal rule several times or various penal rules. The guilty party of two (2) or more crimes or misdemeanors shall be imposed all penalties corresponding to the infractions committed for their simultaneous compliance, if possible, taking into account the nature and effects thereof. If the penalties imposed for the various infractions cannot be served simultaneously, the order of their respective gravity for their successive compliance must be followed. Notwithstanding the foregoing, the maximum duration of compliance is determined by three times the duration of the longest of the imposed penalties, which cannot exceed thirty (30) years. In the event that any of the crimes for which the guilty party has been penalized exceeds twenty (20) years, the maximum effective duration of the penalty is forty (40) years. The limitation on compliance applies even if the penalties have been imposed in different proceedings if the facts, by their connection, could have been tried in a single proceeding.

IDEAL CONCURRENCE. Ideal concurrence exists when a single (1) action or omission violates various legal provisions that do not exclude each other. The determination of ideal concurrence assumes the imposition of the penalty corresponding to the crime or misdemeanor that has the most severe penalty assigned, increased by one-third (1/3), without exceeding the sum of the concrete penalties imposed if the crimes had been penalized separately.

CONTINUED CRIME AND MASS CRIME. Whoever, in execution of a preconceived plan or taking advantage of identical circumstances, carries out a plurality of actions or omissions that offend one or more subjects and violate the same penal provision or provisions of equal or similar nature, must be punished as perpetrator of a continued crime or misdemeanor with the penalty established for the most serious infraction, which must be imposed in its upper half, and may reach a penalty increased by one-third (1/3). When in fraud or swindling the agent obtains various amounts of money to the detriment of a group of indeterminate persons, the fact must be considered as a whole as a single crime, taking as the amount of patrimonial damages the total amount of the defrauded sum. Mass crime applies when, considering individually the set of infractions, these by themselves do not constitute a crime due to their amount. If each fact is in itself constitutive of a crime, the provisions of the second paragraph of this article shall apply. In the case of mass crime, the penalty is fixed taking into account the total damage caused, and the resulting penalty may be increased by two-thirds (2/3). Exceptions to the provisions of the preceding paragraphs are offenses to eminently personal goods, except those infringing honor and freedom and sexual integrity

that affect the same victim. In these cases, the nature of the fact and of the provision infringed shall be taken into account to apply or not the continued criminal character. SECTION IV INCREASE OR DECREASE IN FRACTIONS AND MODIFYING CIRCUMSTANCES OF CRIMINAL RESPONSIBILITY

INCREASE OR DECREASE IN FRACTIONS OF THE PENALTY. The extent of the penalty increased or decreased in fractions from that provided by Law is fixed according to the following rules: 1) The penalty increased by a determined fraction is formed starting from the maximum amount established by Law for the crime in question, increasing the corresponding fraction, constituting the resulting sum its maximum limit. The minimum limit of the penalty increased by a determined fraction shall be the maximum of the penalty established by Law for the crime in question; and, 2) The penalty decreased by a determined fraction is formed starting from the minimum amount established by Law in the crime in question and decreasing the corresponding fraction, constituting the result of this deduction its minimum limit. The maximum limit of the penalty decreased by a determined fraction shall be the minimum of the penalty established by Law for the crime in question.

CONCURRENCE OR ABSENCE OF MODIFYING CIRCUMSTANCES OF CRIMINAL RESPONSIBILITY. The competent Judicial Body must individually determine with justification the duration of the penalty to be imposed, subjecting itself to the following rules: 1) In intentional crimes the competent Judicial Body shall determine the penalty within the maximum and minimum that Law establishes for the crime, taking into consideration the following rules:

• a)

  If no aggravating or attenuating circumstances concur, the penalty is fixed within the framework established for the crime in question taking into account the personal circumstances of the offender and the greater or lesser gravity of the fact;

• b)

  If only one (1) or two (2) aggravating circumstances concur and no attenuating circumstances, the average penalty up to the maximum limit is applied;

• c)

  If only some attenuating circumstance concurs, the average penalty is imposed up to the minimum limit;

• d)

  When various attenuating circumstances concur and no aggravating circumstances, the penalty is applied at its minimum limit;

• e)

  When various aggravating circumstances concur and no attenuating circumstances, the penalty is applied at its maximum limit; and,

• f)

  When attenuating and aggravating circumstances concur, they are offset against each other for the determination of the penalty. In this case, neither the maximum nor the minimum of the penalty shall be imposed. 2) Once the rules of the preceding clauses have been applied, the competent Judicial Body shall fix with justification the exact duration of the penalty, taking into account the personal circumstances of the guilty party and the greater or lesser gravity of the fact. 3) In negligent crimes the competent Judicial Body must impose the penalty within the minimum and maximum of the penalty, taking into account the gravity of the negligence; and, 4) In misdemeanors the competent Judicial Body may cover the entire range of the penalty, without adhering to the rules of the preceding numerals, taking into account the personal circumstances of the guilty party and the gravity of the fact.

INHERENCE OF CIRCUMSTANCES. The rules of the previous article are not applicable to the attenuating or aggravating circumstances that Law has provided for in the crime in question, nor to those that are so inherent to the crime that without their concurrence it could not be committed.

COMMUNICABILITY OF MODIFYING CIRCUMSTANCES OF CRIMINAL RESPONSIBILITY. Aggravating or attenuating circumstances relating to the material execution of the crime or to the means employed for its commission are only applicable to those who have had knowledge of them at the moment of the action or of their contribution to the crime. Aggravating or attenuating circumstances consisting of any cause of a personal nature are only applicable to those in whom they concur. When in the inciter or in the accomplice the conditions, qualities or personal relationships that establish the guilt of the perpetrator do not concur, the penalty established by law for the crime in question may be imposed reduced by one-third (1/3). CHAPTER III SUBSTITUTE FORMS OF PENALTY EXECUTION AND CONDITIONAL RELEASE SECTION I SUSPENSION OF JUDGMENT

SUSPENSION OF JUDGMENT. The competent Judicial Body may suspend with justification the judgment of sentences condemning to penalties that are not serious, taking into account the requirements of general and special prevention, provided that the following conditions are met: 1) That the fact should not result in a penalty exceeding two (2) years, whatever its nature. 2) That it is the first time the accused has committed a crime. For this purpose, previous convictions for negligent crimes and cancelled or cancellable criminal records should not be taken into account. Similarly, criminal records corresponding to crimes that by their nature or circumstances lack significance in relation to the crime tried should not be taken into account. 3) That there is no danger of repeated criminal conduct, given the characteristics of the fact and the personal circumstances of the perpetrator; and, 4) That civil liability does not arise from the fact or that which has arisen and been declared has been satisfied in an enforceable order, unless the competent Judicial Body, after hearing the interested parties and the Public Ministry (MP), declares the total or partial impossibility for the subject to face such liabilities. The suspension period is two (2) to five (5) years. The competent Judicial Body must fix it, taking into account the personality of the sentenced person, the circumstances of the fact, and the duration of the penalty to be imposed. When the competent Judicial Body agrees to the suspension of judgment, it must refrain from issuing the operative part of the judgment, without prejudice to fixing in an enforceable order the civil liability that applies, the suspension being conditioned on the sentenced person not committing new crimes during the established period. The competent Judicial Body may also condition the suspension to the compliance of one or more of the regulatory measures of freedom of Article 84 of this Code or of permanent localization for a period that cannot exceed the penalty that would have corresponded to him for the criminal act committed. If the sentenced person commits a crime during the established suspension period, the competent Judicial Body must revoke the suspension and proceed to pronounce judgment, without the convicted person being able to benefit from, where applicable, the rules of suspension of penalty execution or replacement thereof. If the sentenced person violates during the suspension period the obligations or duties imposed, the competent Judicial Body, after hearing the parties, may:

• 1)

  Replace the conduct measure imposed with a different one;

• 2)

  Extend the suspension period, without exceeding seven (7) years in any case; and,

• 3)

  Revoke the suspension of judgment and proceed to its pronouncement, if the non-compliance is repeated, with the same consequences provided for in the previous paragraph. Once the suspension period has elapsed, having complied with the established conditions, the competent Judicial Body shall agree to leave the judgment without effect definitely. SECTION II REPLACEMENT OF PENALTY

REPLACEMENT OF IMPRISONMENT PENALTY. The competent Judicial Body may substitute for weekend detention, home arrest, or fine, after hearing the parties and in the same judgment or later in a reasoned order before beginning execution, the imprisonment penalty that individually or added to others does not exceed five (5) years when the personal circumstances of the sentenced person, the nature of the fact, their conduct, and in particular the effort made to repair the damage caused so advise, provided that they are not habitual offenders. Each week of imprisonment must be replaced by detention of two (2) weekends and each day of imprisonment by two (2) fines or by one (1) day of home arrest. When the imprisonment penalty does not exceed six (6) months, the competent Judicial Body may also replace this penalty with permanent localization. Each day of imprisonment is equivalent to two (2) days of permanent localization. When replacement is agreed upon, the competent Judicial Body may additionally impose compliance with one or more of the regulatory measures of freedom provided for in Article 84 of this Code, for a period not exceeding the duration of the replaced penalty.

REPLACEMENT OF IMPRISONMENT PENALTY BY EXPULSION FROM NATIONAL TERRITORY. The imprisonment penalty of less than three (3) years imposed on a foreigner may be replaced in the judgment by expulsion from the national territory, provided that this person has no criminal records in the national territory and unless the competent Judicial Body, with justification and after hearing the sentenced person, the Public Ministry (MP), and the participating parties, finds reasons justifying the serving of the sentence in a penitentiary establishment in Honduras. For these purposes, the interests of the victim, the danger of repeated criminal conduct or reincorporation of the sentenced person into an organized criminal group, or the possible frustration of the general prevention objectives of the penalty shall be taken into account. Before applying this sanction, the sentenced person may make restitution for the damage caused to the victim. Expulsion entails the prohibition for the sentenced person to reenter the national territory for three times the period of the replaced imprisonment penalty, counted from the date of expulsion. If they return within this period, they shall serve the imprisonment penalty that would have been replaced, without prejudice to criminal responsibility for the crime of breach of sentence. At the time of replacement of the penalty by expulsion from the national territory, the compensation for damages and losses by the person who committed the crime should be considered of full right, and the competent Judicial Body may discretionally grant this benefit.

REPLACEMENT OF WEEKEND DETENTION SENTENCE. The competent Judicial Body, with prior consent of the convicted person, may substitute the weekend detention sentence that is not less serious, for a fine or services of public utility or to the victims, provided that the convicted person is not a habitual offender. In this case, each weekend detention is replaced by four (4) installments of daily fines or two (2) workdays of eight (8) hours each. The competent Judicial Body may additionally impose on the convicted person one or more of the freedom-regulating measures provided for in Article 84 of this Code.

MODIFICATION OR REVERSAL OF REPLACEMENT. In no case may sentences that are substitutive of others be replaced. The competent Judicial Body shall order the execution of the substituted sentence, discounting, where applicable, the portion of time that has been served in accordance with the conversion rules respectively established in the previous articles, when any of the following conditions occur:

• 1)

  Commission of a new intentional criminal act;

• 2)

  Non-compliance, in whole or in part, with the replacement sentence; or,

• 3)

  Repeated non-compliance with the freedom-regulating measure or measures that had been imposed on the person. The competent Judicial Body may modify, at the request of the convicted person and after hearing the Public Ministry (MP), the freedom-regulating measures imposed on the convicted person, when the variation of their personal circumstances so advises. SECTION III SUSPENSION OF EXECUTION OF SENTENCE

CONDITIONAL SUSPENSION OF EXECUTION OF PRISON SENTENCE. The competent Judicial Body may motivatedly agree to the conditional suspension of execution of the prison sentence, when the following requirements are met:

• 1)

  That the sentence, individually considered or added to others, does not exceed five (5) years of deprivation of liberty;

• 2)

  That it is the first time the convicted person has committed a crime. For this purpose, previous convictions for negligent crimes or misdemeanors are not taken into account, nor are cancelled or cancelable criminal records. Criminal records corresponding to crimes that by their nature or circumstances lack significance in relation to the crime tried are also not taken into account;

• 3)

  That there is no danger of recidivism of the convicted person, in view of the characteristics of the act and the personal circumstances of the author; and,

• 4)

  That the convicted person has satisfied, where applicable, the civil liabilities arising from the criminal act, unless the competent Judicial Body, after hearing the interested parties and the Public Ministry (MP), exceptionally declares the total or partial impossibility for the subject to face the same. The suspension is conditioned upon the convicted person not committing another crime within a period of five (5) years, which shall be fixed by the competent Judicial Body, prior hearing of the parties, taking into account the personal circumstances of the person, the characteristics of the act and the duration of the sentence. The competent Judicial Body, when ordering the suspension, may additionally impose one or more of the freedom-regulating measures established in Article 84 of this Code, during the probation period. The conditional suspension of execution of the prison sentence does not extend to accessory penalties and other effects of conviction. Nor does it exempt from civil liabilities arising from the crime, even when they have not been satisfied in case of insolvency.

NON-COMPLIANCE WITH SUSPENSION RULES. The competent Judicial Body shall make known to the convicted person the conditions and the period to which the suspension of execution of the prison sentence is subject, which shall be recorded in the file. The competent Judicial Body may modify, at the request of the convicted person and after hearing the Public Ministry (MP), the freedom-regulating measures imposed, when the variation of their personal circumstances so advises. If the subject commits a crime during the established suspension period, the competent Judicial Body shall revoke the suspension of execution of the sentence; and, If the subject violates during the established suspension period the obligations or duties imposed, the competent Judicial Body may, after prior hearing of the parties and according to the circumstances:

• 1)

  Substitute the imposed conduct measure with a different one;

• 2)

  Extend the suspension period, in no case exceeding five (5) years; and,

• 3)

  Revoke the suspension of execution of the sentence if the non-compliance were repeated.

EFFECTS OF SUSPENSION OF EXECUTION OF SENTENCE OR ITS REVOCATION. Upon revocation of the suspension, the competent Judicial Body must order the execution of the sentence, without being able to apply the sentence replacement rules provided for in this Code. After the suspension period has elapsed, without the subject committing another crime and having complied, where applicable, with the conduct-regulating measures fixed by the competent Judicial Body, this shall agree to the definitive remission of the sentence. SECTION IV CONDITIONAL RELEASE

CONDITIONAL RELEASE. The Execution Judge may grant the convicted person the benefit of conditional release provided that the following circumstances occur:

• 1)

  The convicted person has served one-half (1/2) of the imposed sentence in cases of prison sentences of up to fifteen (15) years. If the conviction is for imprisonment of more than fifteen (15) years and less than thirty (30) years, the convicted person must have served two-thirds (2/3) of the sentence. If the sentence exceeds thirty (30) years, conditional release is not applicable until thirty (30) years of effective service of the sentence have elapsed;

• 2)

  The convicted person has observed good conduct in the penitentiary establishment;

• 3)

  There is a favorable prognosis for social reintegration; and,

• 4)

  The convicted person has satisfied, where applicable, the civil liabilities arising from the criminal act, unless the competent Judicial Body, after hearing the interested parties and the Public Ministry (MP), exceptionally declares the total or partial impossibility for the subject to face the same. The competent Judicial Body, in the judgment granting conditional release, may motivatedly impose on the subject during the conditional release period one or more of the freedom-regulating measures referred to in Article 84 of this Code. The conditional release period lasts for all the time remaining for the subject to serve the sentence. If during such period the convicted person commits a new intentional crime or fails to comply with the freedom-regulating measures imposed, the competent Judicial Body shall revoke the granted release and the subject shall re-enter prison to serve the portion of the sentence that had not been executed, from which up to three-fourths (3/4) of the time spent on release may be discounted. After the conditional release period has elapsed without the subject committing a new intentional crime or failing to comply with the freedom-regulating measures imposed, the sentence shall be deemed extinguished. This regime is not applicable to convicted persons who have been so for their participation in an organized criminal group, except if they collaborate directly and effectively to prevent other organized crime crimes by preventing their commission or by providing or obtaining evidence of others already committed and after meeting the requirements referred to in this article.

EXCEPTIONAL REGIME OF CONDITIONAL RELEASE. Notwithstanding the provisions of the previous article, convicted persons who have reached the age of seventy (70) years or reach that age during the extinction of the sentence and meet the circumstances required in paragraph 1) of the previous article, except for having extinguished one-half (1/2) of the imposed sentence or, where applicable, two-thirds (2/3), may obtain conditional release, provided that they had not been sentenced to a sentence exceeding twenty (20) years of imprisonment. The same criterion shall apply when it is a question of very seriously ill persons with incurable ailments, a circumstance that must be proven after the practice of the corresponding medical reports issued by professionals of the Public Health System. Exceptionally, having met circumstances 2, 3 and 4 of the previous article, the competent Judicial Body may grant conditional release to the person sentenced to a prison sentence of no more than ten (10) years, who has served one-third (1/3) of the sentence, provided that the person is a first-time offender and the judgment of conviction or the execution of the sentence had never been suspended. This regime is not applicable to convicted persons who have been so for their participation in an organized criminal group. SECTION V COMMON PROVISIONS

HABITUAL OFFENDER. For the purposes of this chapter, a habitual offender is one who incurs a new crime having already been convicted of two (2) or more crimes of the same nature and within a period of five (5) years from the conviction. For the calculation, the moment of the possible suspension of the judgment or of the suspension or substitution of the sentence and the date of commission of the crimes that support the habitual status are considered.

FREEDOM-REGULATING MEASURES. In the cases expressly provided for in this chapter, the competent Judicial Body, considering the nature of the act committed and the needs for social rehabilitation of the subject, may impose one or more of the following measures:

• 1)

  Prohibition from attending certain places;

• 2)

  Prohibition from approaching or communicating with the victim, their relatives or other persons as determined by the competent Judicial Body;

• 3)

  Prohibition from being absent from the place where they reside without authorization from the competent Judicial Body;

• 4)

  Obligation to appear periodically before the competent Judicial Body to report on and justify their activities;

• 5)

  Participation in educational, labor, cultural, traffic education, sexual education and family counseling programs;

• 6)

  Submission to outpatient psychological, psychiatric and detoxification treatments;

• 7)

  Suspension of the right to drive motor vehicles, aircraft and watercraft;

• 8)

  Suspension of the right to possess and carry arms and explosives; and,

• 9)

  Wearing of shackles or electronic monitoring devices. In no case may the content of freedom-regulating measures violate the dignity of the convicted person. TITLE V SECURITY MEASURES CHAPTER I SECURITY MEASURES

PRESUPPOSITIONS AND LIMITS OF SECURITY MEASURES. Security measures are applied by the competent Judicial Body to persons who are in the circumstances provided for in the following chapter, only when these two (2) circumstances occur: 1) The subject has committed an act provided for as a crime or misdemeanor; and, 2) From the act and from the personal circumstances of the subject, a prognosis of future behavior with probability of commission of new crimes can be deduced. The security measure must be neither more burdensome nor of longer duration than the sentence that would have been applicable to the act committed, nor exceed the limit of what is necessary to prevent the dangerousness of the subject. When the sentence that could have been imposed for the act committed is not a deprivation of liberty, the competent Judicial Body may only impose one or more of the non-deprivative freedom measures.

REVIEW OF MEASURES. During the execution of the sentence, the competent Judicial Body, through a contradictory procedure, may:

• 1)

  Maintain the execution of the imposed security measure;

• 2)

  Agree to the cessation of the imposed security measure once the criminal dangerousness of the convicted person disappears;

• 3)

  Substitute one security measure for another deemed more appropriate, among those provided for in the case in question; and,

• 4)

  Leave the execution of the measure in abeyance in light of the result already obtained with its application, for a period not exceeding the time remaining until the maximum indicated in the judgment that imposed it. The suspension is conditioned upon the convicted person not committing another crime during the fixed period and may be rendered ineffective if any of the circumstances provided for in Article 85 of this Code is again proven. To these ends, the competent Judicial Body shall present, at least once a year, a proposal for maintenance, cessation, substitution or suspension of the deprivative security measure or freedom-monitoring measure, evaluating the reports issued by the professionals or specialists assisting in the compliance with such measures. In the remaining cases, the competent Judicial Body shall present, where applicable, the corresponding proposal in view of the reports on the evolution of the convicted person, their degree of rehabilitation and the prognosis of recidivism.

TYPES OF SECURITY MEASURES. The security measures that may be imposed in accordance with this code are deprivative and non-deprivative of liberty. 1) Measures deprivative of liberty are: a) Internment in a psychiatric center; b) Internment in a detoxification center; and, c) Internment in a special educational center. 2) Measures non-deprivative of liberty are:

• a)

  Submission to outpatient treatment;

• b)

  Professional disqualification;

• c)

  Deprivation of the right to drive motor vehicles and mopeds;

• d)

  Deprivation of the right to possess and carry arms and explosives;

• e)

  Family custody;

• f)

  Prohibition of residence;

• g)

  Prohibition from attending certain places;

• h)

  Submission to programs of an educational, cultural, educational-professional, sexual education and similar nature;

• i)

  Bond for good conduct;

• j)

  Monitored release; and,

• k)

  Expulsion of foreigners. The person subject to non-deprivative security measures or whoever assumes their custody are obligated to establish before the competent Judicial Body the address where that person will reside. Any change of this must be communicated to the competent Judicial Body for its authorization, providing the proper justification.

INTERNMENT. The competent Judicial Body shall fix in the sentence the maximum limit of the internment measure in accordance with the presuppositions and limits established in this chapter. Internment measures are served in special establishments of the national penitentiary system. If an appropriate establishment for the compliance of the measure did not exist, according to its nature, it shall be served in annexes or special sections of a penitentiary establishment duly adapted for this purpose. Exceptionally, the competent Judicial Body may authorize that internment measures be served in private centers at the cost of the convicted person or person who assumes their legal representation, provided that sufficient guarantee of compliance is offered.

OUTPATIENT TREATMENT. The competent Judicial Body, in view of the reports of the professionals, may substitute internment at any time for submission to outpatient treatment in a public institution or impose such treatment from the beginning, provided that sufficient guarantee of compliance is offered.

PROFESSIONAL DISQUALIFICATION AND DEPRIVATION OF RIGHTS. The competent Judicial Body may impose the measure of professional disqualification or deprivation of the rights to possess and carry arms and explosives or to drive motor vehicles, aircraft and watercraft, for a maximum period of fifteen (15) years, when the act committed was related to the exercise of the profession, the position or with any of those rights. Exceptionally, the deprivation of the rights to possess and carry arms and explosives or of the right to drive motor vehicles, aircraft and watercraft may be permanent.

FAMILY CUSTODY. The measure of family custody may be imposed for a maximum period of five (5) years. The person subject to this measure shall be under the care and supervision of the designated family member or a guardian, provided they accept the custody, the exercise of which shall be carried out under the control of the Judge of Execution, with the obligation to subject them to the appropriate treatment and to report periodically, all of this without prejudice to the scholastic or work activities of the person in custody.

PROHIBITIONS. The competent Judicial Body may impose the prohibition of residing in the place or territory that is designated, or that of attending certain places for a maximum period of five (5) years. To guarantee compliance, electronic means may be utilized.

SUBMISSION TO FORMATIVE-TYPE PROGRAMS. The competent Judicial Body may impose the measure of submission to formative-type programs, cultural, educational-professional, sex education or similar programs, for a period of up to five (5) years, provided that they are related to the criminal dangerousness of the subject. In no case may the content of the measure violate the dignity of the offender.

BOND FOR GOOD CONDUCT. The bond for good conduct consists of personal, mortgage, pledge, or deposit guarantee, provided to the satisfaction of the competent Judicial Body for the term corresponding to the duration of the penalty that would have been applicable to the committed act, in order that the subject not commit new punishable acts and comply with the obligations or prohibitions imposed upon him by the competent Judicial Body related to his criminal dangerousness, provided that in no case its content violates the dignity of the convicted person. The bond becomes enforceable in favor of the State when the beneficiary incurs a new crime or fails to comply with the imposed obligations or prohibitions. Otherwise, upon the expiration of the term set for its compliance, the bond shall be revoked.

SUPERVISED LIBERTY. Supervised liberty consists of the submission of the convicted person to judicial control through compliance with one or more of the following measures:

• 1)

  The obligation to always be locatable through electronic devices that allow permanent monitoring of him;

• 2)

  The obligation to present himself periodically at the place that the competent Judicial Body establishes;

• 3)

  The obligation to communicate immediately and by the means designated by the competent Judicial Body for such purpose, each change of residence or place or work position;

• 4)

  The prohibition of absenting himself from the place where he resides or from a determined territory without authorization from the competent Judicial Body;

• 5)

  The prohibition of approaching the victim or any of his family members or other persons determined by the competent Judicial Body;

• 6)

  The prohibition of communicating with the victim or with any of his family members or other persons determined by the competent Judicial Body;

• 7)

  The prohibition of attending certain territories, places or establishments;

• 8)

  The prohibition of residing in certain places;

• 9)

  The prohibition of engaging in certain activities that may offer him or facilitate the opportunity to commit criminal acts of similar nature;

• 10)

  The obligation to participate in formative, labor, cultural, sex education or similar programs; and, 11) The obligation to undergo external medical treatment or to submit to periodic medical control, with his consent. The competent Judicial Body must impose in the judgment the measure of supervised liberty for its compliance immediately following the execution of the custodial sentence imposed, when expressly provided by this Code. To this effect, at least two (2) months before the extinction of the custodial sentence, the Judge of Execution shall submit the appropriate proposal to the competent Judicial Body, which, in accordance with said procedure, shall specify the content of the measure by establishing the obligations or prohibitions of the first paragraph of this Article, which the convicted person must observe. If the subject has been convicted of multiple custodial sentences that must be served successively, the foregoing shall be understood as referring to the moment when compliance with all of them concludes. If the supervised liberty measures imposed for various crimes entail obligations or prohibitions that cannot be executed simultaneously, they shall be complied with successively, without prejudice to the competent Judicial Body, at the request of the Public Prosecutor (MP), exercising the following powers:

  • 1)

    Subsequently modify the imposed obligations and prohibitions;

  • 2)

    Reduce the duration of supervised liberty or even terminate it in view of a positive prognosis for reinsertion that deems the continuity of the imposed obligations or prohibitions unnecessary or counterproductive; and,

  • 3)

    Render the measure ineffective when at the beginning of execution thereof the circumstance described in the preceding numeral occurs.

BREACH OF SECURITY MEASURES. The breach of an internment security measure results in the reentry of the subject into the same facility from which he has escaped or into another that corresponds to his status. If other measures are breached, the competent Judicial Body may agree to substitute them with internment, if provided for in the case in question and the breach evidences its necessity. If it is the supervised liberty security measure and one or more obligations are violated, the competent Judicial Body, in view of the concurrent circumstances, may modify, through a contradictory procedure, the imposed obligations or prohibitions. If the violation is reiterated or serious, revealing the will not to submit to the imposed obligations or prohibitions, the competent Judicial Body shall additionally investigate the responsibility that may correspond for the crime of breach of sentence. CHAPTER II APPLICATION OF SECURITY MEASURES

DANGEROUS STATES. The Judicial Body may impose on the non-culpable subject who has committed a criminal act an internment security measure, if necessary, or any other or others of the non-custodial measures, in accordance with the limits and requirements established in the preceding chapter. The competent Judicial Body may impose on the non-culpable subject who has committed a criminal act, in addition to the corresponding penalty, any of the measures provided in Article 87 of this Code, in accordance with its limits and requirements for application. In this case, for its application, the provisions of the following Article shall apply. The competent Judicial Body may impose on the culpable subject, with respect to whom there exists a prognosis of future behavior of criminal reiteration, the measure of supervised liberty in those crimes where it is expressly provided, for its compliance immediately following the penalty in accordance with what is established in Article 95 of this Code.

CONCURRENCE OF PENALTIES AND SECURITY MEASURES. Except as provided in the third paragraph of the preceding Article of this Code, in case of concurrence of penalties and security measures that are custodial, the competent Judicial Body shall order first the compliance of the measure that shall be credited toward the penalty. Once the security measure is complied with, the competent Judicial Body may suspend the compliance of the remainder of the penalty for a period not exceeding its duration, if its execution would jeopardize the effects achieved through the measure.

MONITORING OF SECURITY MEASURES. The execution of security measures is the responsibility of the Penitentiary System. And the supervision of their compliance is the competence of the Judge of Execution.

MENTAL DISORDER ARISING AFTER CONVICTION. When, after the judgment is pronounced and becomes final, the convicted person suffers a lasting situation of mental disorder, the competent Judicial Body shall suspend the execution of the custodial sentence imposed upon him, being able to agree to the imposition of an internment measure that in no case can be more burdensome than the substituted penalty. If it is a penalty of a different nature, the competent Judicial Body must assess the situation of the convicted person and if applicable suspend the execution by imposing non-custodial security measures that it deems necessary. Once the health of the convicted person is restored, he shall comply with the penalty unless it has prescribed, without prejudice to the competent Judicial Body, for reasons of fairness, being able to extinguish it or reduce its duration, to the extent that its compliance may prove unnecessary or counterproductive. TITLE VI ACCESSORY CONSEQUENCES

FORFEITURE. Every penalty for a willful crime and subject to the reserve provided in Article 73 of the Constitution of the Republic, entails the loss of the instruments or means with which it has been committed, as well as the effects and gains derived therefrom, whatever the transformations it may have undergone, and except for the rights that the victim or third parties acting in good faith who have lawfully acquired them may have over them. In the event that goods obtained from the crime have been mixed with other lawful goods, forfeiture shall reach the estimated economic value of the mixed product. Forfeiture shall extend to instruments, property, effects or gains proceeding from crimes of terrorism, corruption of Chapters I through VI of Title XXVII of Book II of this Code, drug trafficking, human trafficking, money laundering and in general criminal activities committed within the scope of an organized criminal group. For these purposes, it shall be understood that the property of those convicted of these crimes whose value is disproportionate with respect to income lawfully obtained by each of these persons proceeds from criminal activity. Those who have acquired them, even gratuitously, knowing that they proceed from a criminal activity, with the purpose of concealing their illicit origin or of helping whoever is involved in such activity, shall not be considered third parties acting in good faith. Neither shall be considered a third party acting in good faith whoever should have had knowledge that the patrimonial transmission aimed to conceal the illicit origin of the property or to avoid its forfeiture, based on concrete circumstances such as its acquisition gratuitously or in exchange for an amount significantly lower than market price. If for any reason forfeiture of the product or effects derived from the criminal act is not possible, forfeiture of other property shall be agreed in an amount equivalent to the economic value thereof. Whenever the illicit patrimonial situation is proven in a contradictory proceeding and the subject has been charged or accused of the crime, forfeiture as provided in the preceding paragraphs may be agreed even when no penalty is imposed on any person, based on any of the following circumstances: 1) Because the subject is in default or suffers from a chronic illness that prevents his prosecution and there is risk that the facts may become time-barred; and, 2) Because the subject is exempt from criminal responsibility or because such responsibility has been extinguished. Property, instruments and gains forfeited by final judgment, unless they must be applied to the payment of indemnities to victims, must be awarded to the State which shall give them the destination established by law. TITLE VII RESPONSIBILITY OF LEGAL PERSONS

CRIMINALLY RESPONSIBLE LEGAL PERSONS. In the cases provided for in this Code, legal persons are criminally responsible for willful crimes committed in the name or on behalf of the same and for their benefit, by their legal representatives or de facto or de jure administrators. The concurrence, in the persons who materially performed the acts, of circumstances that affect the culpability of the accused or aggravate his responsibility or the fact that said persons have died or have evaded the action of justice, shall not exclude or modify the criminal responsibility of legal persons, without prejudice to what is provided in the following Article. Similarly, even though the legal person ceases to exist before a final judgment is rendered, it shall not exclude the criminal responsibility of natural persons. The criminal responsibility of natural persons is independent of that which corresponds to legal persons, but in relation to pecuniary penalties if, due to the size of the legal person, the accumulation of both would result disproportionate, the competent Judicial Body shall modulate them to avoid disproportionate punishment.

LEGAL PERSONS THAT ARE NOT CRIMINALLY RESPONSIBLE. The provisions relating to criminal responsibility of legal persons are not applicable to the State, international organizations of Public Law, nor to those other entities that exercise public powers of sovereignty or administrative authority, when it comes to state commercial companies that execute public policies or provide services of general economic interest, with the exception of when it comes to crimes against Social Security. Legal persons whose annual billing in the year preceding the commission of the crime did not exceed Three Million Lempiras (L.3,000,000.00) are also excluded from criminal responsibility. However, when a natural person uses legal persons to commit a crime, the latter must be sanctioned for the crime or crimes committed if the conditions set forth in the preceding article are met. The foregoing is also applicable to founders, administrators or representatives who take advantage of a state institution to evade any criminal responsibility.

PENALTIES FOR LEGAL PERSONS. The penalties applicable to legal persons are: 1) The fine, by quotas or proportional. The fine by quotas has a maximum extension of two thousand (2,000) days, unless expressly provided otherwise in this Code. Each daily quota has a minimum value of Two Hundred Lempiras (L.200.00) and a maximum of Fifty Thousand Lempiras (L.50,000.00), but in no case shall the fine be less than Fifty Thousand Lempiras (L.50,000.00). For the determination of the number of quotas the competent Judicial Body shall consider exclusively the gravity of the crime and for the determination of the amount of each one thereof account shall be taken of the economic situation of the legal person. The proportional fine is set in view of the damage caused, the benefit obtained or that could have been obtained, the value of the object or the defrauded or improperly obtained amount. In the latter case, when calculation based on these concepts is not possible, the competent Judicial Body shall motivate the impossibility of proceeding to such calculation, substituting the established fines for the following:

• a)

  Fine of seven hundred (700) to two thousand (2,000) days, if the crime committed by the natural person has a penalty of imprisonment exceeding five (5) years;

• b)

  Fine of four hundred (400) to one thousand (1,000) days, if the crime committed by the natural person has a penalty of imprisonment between two (2) and five (5) years; and, c) Fine of two hundred (200) to six hundred (600) days, in the remaining cases. 2) Suspension of the specific activities in which the crime occurred, for a period that may not exceed five (5) years; 3) Closure of the premises and establishments that were used for the commission of the crime, for a period that may not exceed five (5) years; 4) Prohibition of carrying out in the future the specific activities in the exercise of which the crime has been committed, aided or covered up; 5) Disqualification from obtaining subsidies and public aid, from contracting with the public sector and from enjoying fiscal or Social Security benefits and incentives, for a period that may not exceed fifteen (15) years; 6) Judicial intervention to safeguard the rights of workers or creditors for the time deemed necessary, without exceeding five (5) years. The intervention may be total or partial, shall have the content set forth in the judicial resolution and may be modified by the competent Judicial Body, both materially and temporally, in view of the reports periodically prepared by the receiver and the Public Prosecutor (MP). The exercise of the receiver's function shall be regulated by regulation; and, 7) Dissolution of the legal person. The dissolution of the legal person results in the permanent loss of its legal personality, as well as its capacity to act in any way in legal commerce or to carry out any kind of activity, even if lawful. In this case and to guarantee the rights of workers and protect the interests of the national economy, before dissolving the legal person the State may choose to intervene it or to subrogate itself in the ownership of the legal person condemned to dissolution, if any of the following conditions occurred: a) That important labor repercussions could occur in the territory where the entity is established in view of the activity carried out by it; or, b) That the entity develops a public service or utility public service whose interruption could cause considerable damage to the public. In any case, the imposition of the penalties referred to in the preceding numeral shall require, of the judicial resolution in which they are imposed, a dual motivation or additional justification, conditioning its imposition to a specific evaluation of:

  • 1)

    Its necessity to prevent the continuity of criminal activity or its effects;

  • 2)

    The economic and business consequences for the legal person; and,

  • 3)

    The economic, social and labor impact of its adoption. DISCRETIONARY PENALTIES. In those cases in which the specific type of the special part recognizes to the competent Judicial Body the power to impose some other main penalties, in addition to those expressly provided in the first place for the crime in question, only those whose material content has direct relation to the committed crime may be imposed. In any case, the imposition of these discretionary penalties shall require the dual motivation or additional justification to which numeral 7) of this article refers and the particular conditions required for the application of each penalty.

MITIGATING CIRCUMSTANCES FOR CRIMINALLY RESPONSIBLE LEGAL PERSONS. The following are considered mitigating circumstances of the criminal responsibility of legal persons having carried out subsequent to the commission of the crime and through its legal representatives, de facto or de jure administrators or other shareholders or members of the legal person, any of the following activities:

• 1)

  Confess the infraction to the authorities before knowing that investigations or judicial proceeding is directed against it;

• 2)

  Collaborate in the investigation of the act by providing evidence, before the beginning of the oral trial, that were new and decisive to clarify the criminal responsibilities stemming from the facts;

• 3)

  Repair or reduce the damage caused by the crime before the beginning of the oral trial; and,

• 4)

  Have established, before the beginning of the oral trial, effective measures to prevent and discover crimes that in the future could be committed with the means or under the coverage of the legal person, by its representatives or administrators. The concurrence of mitigating circumstances permits the competent Judicial Body, in view of their number and intensity, to impose the penalty up to its minimum limit. In the absence of mitigating circumstances, the competent Judicial Body shall impose the penalty in view of the circumstances of the fact and of the legal person.

SUSPENSION OF PROCEEDINGS IN CRIMES COMMITTED BY LEGAL ENTITIES. The competent Judicial Body may reasonably suspend the proceedings against the legal entity before the opening of oral trial, considering the requirements of general prevention, provided that the following conditions are met: 1) That it is the first time a criminal act has been committed; 2) That there is no danger of criminal recidivism in view of the characteristics of the act and the circumstances of the legal entity; 3) That there is no civil liability arising from the criminal act or that such liability has been satisfied; 4) That the representatives of the legal entity collaborate with the authorities in the investigations; and, 5) That the legal entity acknowledges its responsibility in the facts. The suspension period is two (2) to five (5) years and is set by the competent Judicial Body considering the characteristics of the act, the circumstances of the legal entity, and the duration of the penalty to be imposed. When the competent Judicial Body agrees to suspend the proceedings and without prejudice to establishing in a reasoned order the civil liabilities that correspond, it shall condition this to the fact that no other crime attributable to the legal entity is committed during the specified period. The competent Judicial Body may also condition the suspension to the compliance with one or more of the following measures:

• 1)

  Implementation of organizational changes in the legal entity that minimize the risk of criminal recidivism;

• 2)

  Implementation of crime prevention programs and corresponding mechanisms;

• 3)

  Renunciation by the legal entity of the performance of certain activities;

• 4)

  Dismissal of responsible executives; and,

• 5)

  Judicial intervention, which may include the performance of audits or inspections at the cost of the legal entity. If another crime is imputed to the legal entity during the suspension period set or if any of the imposed measures are breached, the competent Judicial Body shall revoke the suspension and continue the process until rendering the corresponding sentence. Upon expiration of the suspension period with the established conditions having been met, the competent Judicial Body shall decree the extinction of criminal action. TITLE VIII EXTINCTION OF CRIMINAL RESPONSIBILITY AND ITS EFFECTS

CAUSES THAT EXTINGUISH CRIMINAL RESPONSIBILITY. Criminal responsibility is extinguished by any of the following causes:

• 1)

  The death of the offender;

• 2)

  The pardon of the injured party or of whoever holds their legal representation, in the cases and in the form that the Law provides;

• 3)

  The prescription of criminal action, the penalty or the security measure, declared ex officio or at the request of a party;

• 4)

  Amnesty or pardon, in the terms legally established; and,

• 5)

  The fulfillment of the sentence or the definitive remission of the penalty. The transformation of a legal entity does not extinguish its criminal responsibility, which shall be transferred to the entity or entities into which it is transformed. The competent Judicial Body may moderate the penalty to be served in these cases, depending on the weight that the originally responsible legal entity has in each of the entities affected by the transformation.

REGIME OF PARDON. Pardon must be granted expressly before sentence has been rendered. In crimes or offenses of public action dependent on private complaint, pardon shall have the legal effects that are provided in each case. When the victim or injured party is a minor or a person with a disability, the competent Judicial Body may reject the validity of the pardon granted by their representatives, ordering in such case the continuation of the proceedings, with the intervention of the Public Ministry (MP) or the fulfillment of the sentence. To reject the pardon referred to in the preceding paragraph, the competent Judicial Body must first hear the representative of the minor or the person with a disability.

PRESCRIPTION OF CRIMINAL ACTION. The criminal action for the commission of a crime is prescribed, except in the cases provided for in Article 116 of this Code and subject to the provisions of Articles 57 and 325 of the Constitution of the Republic:

• 1)

  At twenty (20) years, when the maximum penalty plus one-half the penalty established for the crime is imprisonment of fifteen (15) or more years;

• 2)

  At fifteen (15) years, when the maximum penalty established by Law is disqualification for more than ten (10) years or imprisonment for more than ten (10) and less than fifteen (15) years;

• 3)

  At ten (10) years, when the maximum penalty established by Law is disqualification or imprisonment for more than five (5) years and not exceeding ten (10) years; and,

• 4)

  At five (5) years, in the case of other crimes. Offenses are prescribed at six (6) months after their commission. When the penalty established by law is composite, the rules comprised in this Article apply to the one that requires the greatest time for prescription. In cases of concurrent offenses or connected offenses, the prescription period is that corresponding to the most serious crime.

BEGINNING OF THE COMPUTATION FOR PRESCRIPTION OF CRIMINAL ACTION. The prescription of criminal action is computed, except in the cases contemplated in Article 325 of the Constitution of the Republic, in the following cases:

• 1)

  From the day the crime has been consummated, its execution is interrupted or preparatory acts declared punishable are performed;

• 2)

  In continued crimes and mass crimes, from the day the last act is executed or the last action is performed;

• 3)

  In permanent crimes, from the day the unlawful situation is eliminated; and,

• 4)

  In attempted crimes against life, abortion, willful injuries, gender violence, crimes against moral integrity, human trafficking, abandonment of minors, crimes against freedom of movement, freedom of determination or sexual freedom or integrity, crimes against the inviolability of the home and privacy, as well as in crimes against labor rights and family relations in which a minor is the victim, the terms are computed from the day such minor reaches legal age, and if they die before reaching it, from the date of death.

INTERRUPTION OF THE PRESCRIPTION PERIOD OF CRIMINAL ACTION. The prescription of criminal action is interrupted, rendering the time elapsed without effect, from the moment the criminal proceedings against the presumed offender are initiated, the computation beginning anew from when its prosecution is halted by any circumstance other than those legally provided for its suspension. The prescription of criminal action is suspended in those cases and during the time that the suspension of criminal prosecution has been agreed upon, in accordance with the provisions of procedural legislation.

PRESCRIPTION OF THE PENALTY. The penalty imposed in a final judgment is prescribed, except in the cases provided for in Article 116 of this Code:

• 1)

  In a period equal to that of the sentence plus one-third (1/3), without said period being in any case less than two (2) years, if it is grave penalties or corporal penalties or less than one (1) year, if it is less grave penalties;

• 2)

  In six (6) months, if it is penalties imposed for the commission of offenses; and,

• 3)

  Penalties imposed for replacement and accessory penalties are prescribed in the same period as the principal penalty. The foregoing rules are understood without prejudice to those established by the Constitution of the Republic and procedural laws.

COMPUTATION, INTERRUPTION AND SUSPENSION OF PRESCRIPTION OF PENALTY. The prescription period of the penalty is computed from the day the judgment becomes final or from the day the escape or breach of the penalty occurs, as applicable. Prescription is interrupted, rendering the time elapsed without effect, when the accused commits another crime of the same nature. The prescription of the penalty is suspended in the following cases: 1) During the period of suspension of execution of the penalty; or, 2) During the fulfillment of another penalty that makes simultaneous compliance impossible.

PRESCRIPTION OF SECURITY MEASURE. Security measures are prescribed, in accordance with their respective nature, in the same periods and conditions established for penalties. When the execution of the security measure is subsequent to that of a penalty, the period is computed from the extinction of the latter.

CIVIL ACTION AND PRESCRIPTION. The exercise of the action to claim civil responsibility arising from the crime does not interrupt the prescription of criminal action or of the penalty.

CRIMES AND IMPRESCRIPTIBLE PENALTIES. The following crimes do not prescribe in any case: 1) Crimes against humanity, terrorism when the death of one or more persons has occurred, torture, forced disappearance, human trafficking and sexual exploitation of minors under eighteen (18) years of age; and, 2) Any crime that has the penalty of deprivation of liberty for life. The following penalties do not prescribe in any case: 1) Penalties imposed in a final sentence for the commission of the crimes mentioned in the preceding paragraphs; and, 2) Criminal actions and penalties that are considered imprescriptible by the Constitution of the Republic, International Treaties and Conventions signed and/or ratified by the State of Honduras or other criminal laws. TITLE IX CANCELLATION OF CRIMINAL RECORDS

CANCELLATION OF CRIMINAL RECORDS. Those convicted by final judgment who have extinguished their criminal responsibility have the right to obtain from the competent Judicial Body, ex officio or at the request of a party, the cancellation of their criminal records. For the effective recognition of the right to cancellation of criminal records, the following requirements must be met:

• 1)

  To have satisfied the civil liabilities arising from the crime that have been actually claimed, except in cases of declaration of insolvency, save for economic improvement of the offender; and,

• 2)

  To have elapsed, without committing a new crime, two (2) years for penalties imposed for imprudent crimes or a period of time equal to the duration of the sentence for the willful crime, with a maximum of ten (10) years and a minimum of six (6) months.

• 3)

  The periods established in the preceding clause begin to count from the day following the day on which the penalty is extinguished. In case of definitive remission due to the lapse of the suspension period of the execution of the penalty and compliance with the regulatory measures, the period is computed from the day following the day on which the penalty would have been extinguished if this benefit had not been enjoyed.

• 4)

  If despite meeting the requirements established in the preceding article the cancellation of criminal records has not occurred, the competent Judicial Body, once such circumstances are verified, shall order its immediate cancellation and shall not take them into consideration for any purpose.

GENERAL RULES. The commission of an act typified by Law as a crime or offense obligates the repair of damages and losses caused. Any person injured by the commission of a crime or offense may demand the satisfaction of civil responsibility in the same criminal proceedings, in accordance with the provisions of criminal procedural legislation and the provisions of this Code. The injured party may opt, in any case, to demand civil responsibility before Civil Court.

CIVIL RESPONSIBILITY. Civil responsibility comprises:

• 1)

  Restitution;

• 2)

  Integral reparation of material and moral damages; and,

• 3)

  Indemnification of losses.

RESTITUTION. The same good must always be restored when possible, with payment of the damages and losses that the competent Judicial Body determines. Restitution takes place even if the good is in the power of a third party who has acquired it legally and in good faith, leaving open their right of action against the party responsible. Restitution is not applicable when the third party has acquired the good in the manner and with the requirements legally established to make it non-recoverable. If it were not materially or legally possible to proceed with the restitution of the good, the competent Judicial Body must specify the manner in which the civil responsibility arising from the crime shall be satisfied.

COMPREHENSIVE REPARATION OF DAMAGE. The reparation of material or moral damages may consist of obligations to give, do, or refrain from doing, which the competent Judicial Body shall establish prudentially, taking into account the nature of the damage, the circumstances and characteristics of the infraction, the personal conditions of the injured party and the responsible party, as well as the consequences of the harm suffered. The reparation of material damage is enforceable in case restitution is not warranted. It must comprise at minimum the price of the thing and, if possible, the sentimental value it has had for the injured party. The competent Judicial Body shall determine whether the obligations imposed must be fulfilled by the responsible party or whether they may be executed at his expense.

INDEMNIFICATION OF DAMAGES. The indemnification of damages comprises both those caused to the injured party and those occasioned to his family or to a third party. The competent Judicial Body shall determine the amount of the indemnification that corresponds in accordance with the same rules established for the reparation of damage.

DIMINISHED RESPONSIBILITY DUE TO PRIOR CONDUCT OF THE INJURED PARTY. When the victim or the injured party has contributed through his own unlawful conduct to the production of the damage or harm suffered, the competent Judicial Body may equitably reduce the amount of the indemnification of damages and civil reparation to be received by such party. CHAPTER II CIVILLY RESPONSIBLE PERSONS

DIRECT CIVIL RESPONSIBLES. Those responsible civilly directly are:

• 1)

  Every natural or legal person who is declared criminally responsible for a crime or misdemeanor, provided that damages or harm are derived from the act. If there are two (2) or more criminally responsible parties, the competent Judicial Body shall designate the share of civil responsibility that each one must satisfy;

• 2)

  Insurance companies that have assumed the risk of the pecuniary liabilities derived from any service, activity, use or exploitation of property, industry or enterprise, up to the limit legally or contractually established, when as a consequence of conduct provided for as a crime or misdemeanor the event occurs that determines the insured risk; and,

• 3)

  Those who have benefited in any way from the crime or misdemeanor without having participated in the acts, who are obligated to restore, repair or indemnify by an amount equivalent to the unjustly obtained enrichment.

JOINT AND SEVERAL LIABILITY. The perpetrators and accomplices, each within their respective class, respond jointly and severally among themselves for their shares. The civil responsibility of the legal person must be satisfied jointly and severally with the natural persons who were convicted for the same acts. They are likewise jointly and severally liable with the perpetrators and accomplices the subjects contemplated in the second and third numerals of the previous article, up to the limit of their respective liabilities.

SUBSIDIARY LIABILITY. The perpetrators and accomplices respond subsidiarily for the shares corresponding to the other responsible parties. Subsidiary liability becomes effective first on the property of the perpetrators and thereafter on that of the other accomplices, beginning with those who have had a greater degree of participation in the acts. The following persons are civilly responsible subsidiaries, in the absence of the perpetrators and accomplices, without prejudice to cases in which they must respond directly or jointly and severally:

• 1)

  The parents or guardians, for damages and harm caused by the criminal acts committed by minor children who are subject to their parental authority or guardianship;

• 2)

  The natural or legal persons who are holders of means of communication or visual, written or spoken dissemination, for crimes committed using said means, without prejudice that there may be on their part fault or negligence that has contributed or permitted the production of the damage or harm;

• 3)

  The natural or legal persons for criminal acts committed in their establishments, when said persons or their employees, administrators or representatives have infringed police regulations or provisions of the authority directly related to such acts, in such a way that these would not have occurred without said infraction;

• 4)

  The natural or legal persons engaged in any type of industry, commerce or service, for criminal acts that may have been committed by their employees, administrators or representatives, in the performance of their obligations or functions;

• 5)

  The natural or legal persons who are owners of transportation companies or holders of vehicles capable of creating risks for third parties, for criminal acts committed through the use of those by authorized persons;

• 6)

  The natural or legal persons who manufacture or market products or articles with vices or defects that have contributed to the production of the harmful result, respond for the damages or harm caused as a consequence of such vices or defects; and,

• 7)

  The public administrations and other entities dependent on the same, for criminal acts committed by authorities, agents, contractors of the same or public officials in the exercise of their positions or functions, provided that the damage or harm caused is a direct consequence of the functioning of the public services that would have been entrusted to them.

CIVIL LIABILITY IN CASES OF EXEMPTION FROM CRIMINAL LIABILITY. The exemption from criminal liability due to non-imputability, state of necessity, insurmountable fear or error, does not comprise that of civil liability, which becomes effective in accordance with the following rules:

• 1)

  Non-imputable persons are directly responsible for damages or harm caused by them, provided that their sustenance or the expenses caused by their internment are secured. The parents, guardians, curators or custodians of the minor or person with non-imputable disability respond jointly and severally, provided that there has been on their part fault or negligence that contributes or has permitted the production of the damage or harm, except for the direct civil liability that could correspond to imputable persons;

• 2)

  In cases of state of necessity, the person or persons in whose favor the harm has been prevented are direct civil responsibles, in proportion to the harm that has been avoided, if it were estimable;

• 3)

  When insurmountable fear concurs, those who have caused the fear respond directly and in their absence, those who have executed the act; and,

• 4)

  In cases of error, the person who provoked the error is directly civilly responsible and, in their absence, whoever performed the act, without prejudice to the direct civil liability that may correspond to those declared criminally responsible. CHAPTER III COMMON PROVISIONS

RIGHT OF CONTRIBUTION. The rules established in the previous articles regarding joint and several liability and subsidiary liability apply without prejudice to the right of contribution of whoever has satisfied with his assets all or part of the share corresponding to other responsible parties.

SUPPLEMENTARY LAW. Civil liability derived from a crime or misdemeanor is regulated, in all matters not provided for in this Code, by the civil provisions that are generally applicable to obligations.

ORDER OF PRECEDENCE OF PECUNIARY LIABILITIES. The payments to be made by the civil responsible party are imputed in accordance with the following order of precedence:

• 1)

  To the reparation of damages and indemnification of harm caused;

• 2)

  To the indemnification of the State for the expenses that would have been made at its account in the case;

• 3)

  To the costs of the private accuser, if there are any;

• 4)

  To the other procedural costs; and,

• 5)

  To the fine. In the case of crimes that can only be prosecuted at the instance of a party, the costs of the private accuser shall be satisfied with preference to the indemnification of the State.

LEGITIMACY. Civil liability may be demanded by the persons harmed by the crime or misdemeanor, their heirs or, in cases in which the State of Honduras is the harmed party, by the Attorney General of the Republic (PGR).

PRESCRIPTION OF THE ACTION FOR CIVIL LIABILITY. The civil rights derived from criminal conduct and their corresponding action prescribe, with reservation of what is provided in Article 325 of the Constitution of the Republic, in five (5) years, from the day when the sentence becomes final in which the perpetrators or accomplices criminally responsible and other persons who must respond civilly for the damages and harm caused are identified. The causes of suspension and interruption of prescription regulated in the Civil Code and the Commercial Code are applicable to this matter.

CIVIL EFFECTS OF FOREIGN CONDEMNATORY SENTENCE. The condemnatory sentence issued by foreign courts legalized in Honduras through the corresponding institution produces in Honduras all its civil effects, in accordance with Law. TITLE XI DEFINITIONS FOR PENAL PURPOSES

PUBLIC OFFICIAL OR EMPLOYEE. For penal purposes, a public official or employee is:

• 1)

  Every person who by legal provision, by popular election, by appointment or contractual binding participates in the exercise of public functions, as well as the Public-Private Alliance; and;

• 2)

  The managers of public enterprises, associations or foundations, considering as such those in which the participation of the Public Administration is majority. For the same purposes, the following persons are considered foreign public officials or employees: 1) Any person who participates in the exercise of public functions or services in the name of another country; and, 2) Any official or representative of an international public body.

DISABILITY. For purposes of this Code, disability is understood as the concurrence in a person of permanent limitations of a physical, intellectual or sensory character, which in certain situations entail restriction or nullification of their capacity to act. A person with disability shall be understood as in need of special protection when for the habitual exercise of their capacities they require assistance or support from third parties.

ORGANIZED CRIMINAL GROUP. An organized criminal group shall be considered any structured group of three (3) or more persons that exists for a certain period of time and acts in concert with the purpose of committing one or more serious offenses classified in accordance with the provisions of this Code.

DOCUMENT. For the purposes of this Code, a document shall be considered any material medium that expresses or incorporates data, facts, or narratives with possible evidentiary efficacy.

AUTHORITY. For criminal purposes, authority shall be considered any person who by themselves or as a member of some corporation, tribunal, or collegiate body exercises command or has proper jurisdiction; in any case, the members of the National Congress as well as officials of the Public Ministry (MP) shall have the status of authority.

CRIME AGAINST HUMANITY. Whoever commits a crime against humanity as part of a widespread or systematic attack against the civilian population and with knowledge of such attack shall be punished with imprisonment of thirty (30) years to life imprisonment, loss of nationality, and absolute disqualification for the same duration as the prison sentence, in any of the following acts:

• 1)

  Murder;

• 2)

  Extermination;

• 3)

  Slavery;

• 4)

  Deportation or forcible displacement of population;

• 5)

  Imprisonment or other serious deprivation of physical liberty in violation of fundamental norms of international law;

• 6)

  Torture;

• 7)

  Rape, sexual slavery, forced prostitution, forced pregnancy, forced sterilization, or any other form of sexual violence of comparable severity;

• 8)

  Persecution of a group or collectivity with its own identity founded on political, racial, national, ethnic, cultural, religious, gender, or other grounds universally recognized as unacceptable in accordance with International Law;

• 9)

  Forced disappearance of persons;

• 10)

  The crime of apartheid; and, 11) Other inhumane acts of similar character that intentionally cause great suffering or gravely violate physical or mental or physical integrity.

FORCED DISAPPEARANCE OF PERSONS. Whoever commits the offense of forced disappearance of persons and must be punished with sentences of fifteen (15) to twenty (20) years imprisonment and suspension of citizenship shall be a public official, agent of the State, or persons or group of persons who, acting with the authorization, support, or acquiescence of the State, deprive one or more persons of their liberty in any form, followed by lack of information or refusal to acknowledge such deprivation of liberty or to provide information about the whereabouts of the person, thereby preventing the exercise of legal remedies and pertinent procedural guarantees. When the act is committed by a public official or employee in the exercise of their functions, in addition to the penalties stated in the previous paragraph, the penalty of absolute disqualification from twenty (20) to twenty-five (25) years must be imposed.

AGGRAVATED FORCED DISAPPEARANCE OF PERSONS. The prison sentence shall be increased by one-third (1/3) if any of the following circumstances concur: 1) The deprivation of liberty of the disappeared person is prolonged more than seventy-two (72) hours; or, 2) The disappeared person is under eighteen (18) years of age, a pregnant woman, an elderly person, a person with disabilities, or suffers from an illness that prevents them from taking care of themselves.

MITIGATED FORCED DISAPPEARANCE OF PERSONS. The sentence shall be reduced by one-third (1/3) when, within a period not exceeding seventy-two (72) hours from the deprivation of liberty, the person responsible voluntarily releases the victim or as a result of negotiations provides information that leads to their location, provided that the victim has not suffered damage to their health and physical integrity.

GENOCIDE. Whoever with the purpose of destroying, in whole or in part, a national, ethnic, racial, ideological, or religious group carries out any of the following acts shall be punished with imprisonment of thirty (30) years to life imprisonment, absolute disqualification for the same duration as the prison sentence, in addition to loss of nationality when it concerns Hondurans who are not of original nationality:

• 1)

  Killing members of the group;

• 2)

  Causing serious injury to the physical or mental integrity of members of the group;

• 3)

  Intentionally subjecting the group to conditions of existence that would lead to its physical destruction, in whole or in part;

• 4)

  Adopting measures intended to prevent births within the group; or,

• 5)

  Forcibly transferring children from one group to another group. The conspiracy, propositions or provocation for the commission of the crime of genocide shall be punished with imprisonment of ten (10) to fifteen (15) years.

GRAVE BREACHES OF THE GENEVA CONVENTIONS. Whoever in a situation of declared war or any other armed conflict, recognized or not, that arises between two (2) or several States in a situation of total or partial occupation of the territory of a State, although such occupation does not encounter military resistance, or in a situation of internal conflict, carries out acts against persons or property protected in case of armed conflict, shall be punished with imprisonment of thirty (30) to forty (40) years, loss of nationality, and absolute disqualification for the same duration as the prison sentence, for committing any of the following acts:

• 1)

  Willful homicide;

• 2)

  Torture or inhumane treatment, including biological experiments;

• 3)

  Deliberately causing great suffering or grave attack on physical integrity or health;

• 4)

  Destruction or appropriation of property not justified by military necessity and carried out on a large scale, unlawfully and arbitrarily;

• 5)

  Forcing a prisoner of war or other protected person to serve in the armed forces of an enemy State;

• 6)

  Deliberately depriving a prisoner of war or other protected person of their right to be tried fairly and impartially;

• 7)

  Deportation, transfer, or deprivation of liberty;

• 8)

  Taking of hostages;

• 9)

  Unjustified delay in the repatriation of prisoners of war or civilian persons;

• 10)

  Carrying out apartheid practices and other inhumane and degrading practices based on discrimination that constitute an affront to personal dignity; and, 11) Rape, sexual slavery, forced prostitution, forced pregnancy, forced sterilization, or any other form of sexual violence of comparable severity. The prison sentence must be forty (40) years to life imprisonment when the attack is carried out against works or installations, knowing that it will cause the following results: 1) Deaths or injuries among the civilian population that does not participate directly in hostilities; or, 2) Serious, extensive, and long-lasting damage to the environment and civilian property that is excessive in relation to the concrete and direct military advantage anticipated.

USE OF HUMAN SHIELDS. Whoever during an internal or international armed conflict deprives a person of their liberty in order to use them as a defense or to make demands to the opposing party shall be punished with imprisonment of thirty (30) to forty (40) years, loss of nationality, and absolute disqualification for the same duration as the prison sentence.

PROHIBITED MEANS AND METHODS OF WARFARE. Whoever during an internal or international armed conflict uses methods or means of warfare prohibited within the framework established by International Law shall be punished with imprisonment of thirty (30) years to life imprisonment, and absolute disqualification for the same duration as the prison sentence, in addition to loss of nationality. With the same penalty shall be punished whoever carries out any of the following acts:

• 1)

  Direct attacks against the civilian population that does not participate directly in hostilities or against property that is not a military objective;

• 2)

  Attack or bomb, by any means, cities, villages, dwellings, or buildings that are not defended and are not military objectives;

• 3)

  Cause death or injury to a combatant who has laid down arms or who, having no means of defense, has surrendered at discretion;

• 4)

  Transfer, directly or indirectly, by the occupying force, of part of its civilian population to the territory it occupies or, deportation or transfer of all or part of the population of the occupied territory, within or outside that territory;

• 5)

  Declare that no quarter will be given;

• 6)

  Destroy or seize property of the enemy unless the necessities of war make it imperative;

• 7)

  Deprive any protected person of their right to be tried in a regular and impartial manner or declare abolished, suspended, or inadmissible before a Tribunal the rights and actions of nationals of the enemy party;

• 8)

  Plunder a city or a place, even when taken by storm;

• 9)

  Use poison or poisoned weapons, asphyxiating, toxic or similar gases or any liquid, material, or analogous device, bullets that expand or flatten easily in the human body, such as hard-shelled bullets that do not fully cover the inner part or that have incisions;

• 10)

  Use biological weapons or weapons for the extermination of the human species through the use of genetic engineering techniques, genetic manipulation, or any other method, as well as use weapons, projectiles, materials, and methods of warfare that by their very nature cause superfluous damage or unnecessary suffering or have indiscriminate effects in violation of international law of armed conflicts, provided that such weapons or projectiles, materials, or methods of warfare are subject to a complete prohibition; and,

• 11)

  Recruit or enlist minors under eighteen (18) years of age in the national armed forces or use them to participate actively in hostilities.

ATTACK ON CIVILIAN POPULATION, PROTECTED PROPERTY, AND INSTALLATIONS. Whoever during an internal or international armed conflict and on the occasion thereof causes the civilian population to suffer hunger as a method of waging war, depriving them of the essential means for their survival, including the fact of obstructing relief supplies in accordance with the Geneva Conventions, shall be punished with sentences of twenty (20) to thirty (30) years imprisonment, and absolute disqualification for the same duration as the prison sentence, in addition to loss of nationality. With the same penalty as in the previous paragraph shall be punished whoever carries out attacks on hospitals, places where sick or wounded persons are gathered, medicine depots or other property intended to provide assistance to protected persons, ambulances, or other health transport. Whoever destroys or appropriates property of historical, cultural, and religious heritage, as well as education, arts, sciences, or charity, and installations that contain nuclear energy or any other dangerous substances or forces whose release endangers the integrity or life of the civilian population shall be punished with sentences of fifteen (15) to twenty (20) years imprisonment, and absolute disqualification for the same duration as the prison sentence, in addition to loss of nationality.

SIMULATION OF PROTECTION SIGNS. Whoever during an internal or international armed conflict simulates or improperly uses international protection signs or signs of international or intergovernmental organizations, flags, military insignia, the uniform of the enemy or of the United Nations or neutral countries, as well as the distinctive emblems of the Geneva Conventions, the Red Cross, the Red Crescent or Red Crystal, and thereby causes death or serious injury to persons shall be punished with imprisonment of ten (10) to fifteen (15) years, suspension of citizenship for the same duration as the prison sentence, and absolute disqualification for the same duration as the prison sentence. These penalties shall be imposed independently of any that might correspond for the results produced.

EXPERIMENTS. Whoever during an internal or international armed conflict and on the occasion thereof seriously endangers the life, integrity, or health of a person in their power shall be punished with imprisonment of ten (10) to fifteen (15) years, suspension of citizenship for the same duration as the prison sentence, and absolute disqualification for the same duration as the prison sentence, without prejudice to the penalties that may correspond for other offenses. If in the aforementioned circumstances the offenses related to organ trafficking, defined and punished in this Code are committed, the penalties provided for therein shall be doubled, which shall be imposed without prejudice to those that may correspond for other offenses.

ATTACK AND OBSTRUCTION OF HUMANITARIAN ASSISTANCE. Whoever during an internal or international armed conflict directs attacks against personnel, installations, material, units, or vehicles participating in a peacekeeping mission or humanitarian assistance in accordance with the United Nations Charter, provided that they have the right to the protection granted to civilians or civilian property in accordance with International Law of armed conflicts, as well as whoever prevents or obstructs the performance of medical, health, or humanitarian tasks by medical, health, and relief personnel or by the civilian population shall be punished with imprisonment of thirty (30) to forty (40) years, and absolute disqualification for the same duration as the prison sentence, in addition to loss of nationality.

PERSON WITH RIGHT TO INTERNATIONAL PROTECTION. For the purposes of this Chapter, protected person shall be understood to mean members of the civilian population, prisoners of war, wounded, sick or shipwrecked persons placed out of combat, religious personnel, medical personnel, journalists on assignment or accredited war correspondents, combatants who have laid down their arms during the conflict or any other person protected by International Law, in accordance with the Treaties and International Conventions subscribed to and/or ratified by the State of Honduras. CHAPTER IV CRIME OF AGGRESSION

CRIME OF AGGRESSION. Whoever commits a crime of aggression as referred to in the Rome Statute of the International Criminal Court, adopted on July 17, 1998 in Rome, Italy and based on the guidelines established by the United Nations Security Council, must be punished with a sentence of twenty-five (25) to thirty (30) years imprisonment. CHAPTER V PROVISIONS COMMON TO CRIMES AGAINST HUMANITY, GENOCIDE AND CRIMES OF WAR

RESPONSIBILITY OF CHIEFS AND OTHER SUPERIORS. The authority or military chief, or whoever effectively acts as such, must be punished with the same penalties provided for the perpetrators of offenses included in Chapters I, II and III of this Title, when such crimes are committed by forces under their command and effective control or under their authority and effective control, as the case may be, if the necessary and reasonable measures within their reach had not been adopted to prevent commission. The superior not included in the preceding paragraph must also be punished with the same penalty, who within the scope of their competence and being within their reach can prevent commission by their subordinates of any of the offenses included in Chapters I, II and III of this Title. The authority or military chief, or whoever effectively acts as such, who does not adopt the measures within their reach so that offenses included in Chapters I, II and III of this Title committed by persons under their command or effective control are prosecuted, must be punished with penalties reduced by one-third (1/3) of those provided for the perpetrators. The superior not included in the preceding paragraph must also be punished with penalties reduced by one-third (1/3) or two-thirds (2/3) of those provided for the perpetrators, who within the scope of their competence does not adopt the measures within their reach so that offenses included in Chapters I, II and III of this Title committed by their subordinates are prosecuted. The public official or employee who, without incurring the conduct provided for in the preceding paragraphs and failing in the obligation of their position, fails to promote the prosecution of any of the offenses included in Chapters I, II and III of this Title of which they have knowledge, must be punished with the penalty of special disqualification from public employment or office for ten (10) to fifteen (15) years. If the chiefs, authorities or superiors in the situations indicated in the preceding paragraphs act through gross negligence, they must be punished with the penalty reduced by one-third (1/3).

RESPONSIBILITY FOR ACTS COMMITTED WITH GROSS NEGLIGENCE. Whoever carries out any of the conduct described in Chapters I, II and III of this Title through gross negligence, must be punished with the term of imprisonment established for the offense committed, reduced by one-third (1/3).

PUNISHMENT OF PREPARATORY ACTS. Conspiracy, proposition or provocation of any of the offenses established in the preceding chapters, must be punished with a term of imprisonment of five (5) to ten (10) years and absolute disqualification for double the time that the prison sentence lasts.

SPECIAL AGGRAVATION. If any of the facts established in the preceding chapters are carried out by a public official or employee, the penalty must be increased by one-third (1/3) and in addition, absolute disqualification must be imposed for double the time that the prison sentence lasts.

PROHIBITION OF APPLICATION OF JUSTIFICATION GROUNDS. The grounds for justification of acting in exercise of a right, profession or fulfillment of a duty, nor obedience to orders shall not be applied to those who commit the offenses established in the preceding chapters, since orders to commit genocide, crimes against humanity or crimes of war are manifestly unlawful and therefore cannot be covered by these grounds.

VIOLATION OF DIPLOMATIC IMMUNITY. Whoever violates the personal immunity of a Foreign Head of State or person internationally protected by a treaty, must be punished with a term of imprisonment of one (1) to three (3) years. CHAPTER VI OFFENSES AGAINST THE LAW OF NATIONS

DEATH OR INJURIES TO INTERNATIONALLY PROTECTED PERSONS. Whoever causes the death of a Foreign Head of State or person internationally protected by treaties and who is in Honduras, must be punished with a sentence of life imprisonment; if the person causes injuries the prison sentence must be ten (10) to fifteen (15) years and five (5) to ten (10) years if it is any other offense. In all cases, loss of citizenship for the same time as the prison sentence and absolute disqualification with the same duration as the prison sentence must also be imposed. CHAPTER VII MANUFACTURE AND POSSESSION OF WEAPONS OR MEANS OF MASS DESTRUCTION

WEAPONS OR MEANS OF MASS DESTRUCTION. Whoever develops, manufactures, produces, possesses, supplies, stores or takes possession in any form of chemical, biological, nuclear, radiological or similarly destructive weapons, must be punished with a term of imprisonment of twenty (20) to thirty (30) years. CHAPTER VIII PIRACY

PIRACY. Whoever with intent to profit for themselves or others or other personal purpose and using violence, intimidation or deceit, takes possession of, damages or destroys an aircraft, ship or other type of vessel on the high seas, maritime space not subject to the jurisdiction of any State, exclusive economic zone, contiguous zone or other maritime space as determined in a convention, agreement or international legal instrument, or attacks the persons, cargo or property on board those vessels in the same spaces, must be punished as a pirate with a term of imprisonment of fifteen (15) to twenty (20) years. The penalty provided for in this article must be imposed without prejudice to the penalties that might correspond for other offenses.

RESISTANCE OR DISOBEDIENCE TO APPREHENSION. Whoever resists or disobeys, on the occasion or by reason of the prosecution of the facts provided for in the preceding article, to a warship or military aircraft or other ships or aircraft bearing clear identifiable signs in the service of the State of Honduras and authorized for such purpose, must be punished with a term of imprisonment of two (2) to four (4) years. If force, violence or intimidation is used in the foregoing conduct, the term of imprisonment of ten (10) to fifteen (15) years must be imposed. These penalties must be imposed without prejudice to those that might correspond for other offenses.

TAKING OVER AND DIVERSION OF VESSELS, AIRCRAFT OR COLLECTIVE AIR TRANSPORT MEANS. Whoever by force against property, violence, threat or deceit, takes possession of a vessel, aircraft or any other means of collective transport that is in flight or active or diverts its course or itinerary, as well as exercises control over it, depriving in all cases the occupants of liberty, must be punished with a term of imprisonment of twenty (20) to twenty-five (25) years. For the purposes of this article, a vessel or aircraft is considered to be in active status from the moment all external doors are closed after boarding until the moment they are opened for disembarkation. CHAPTER IX OFFENSES AGAINST HUMAN NATURE SECTION I OFFENSES RELATED TO ORGAN TRAFFICKING

ILLEGAL TRAFFICKING IN HUMAN ORGANS. Whoever in any way promotes, favors or facilitates the obtaining, illegal trafficking or transplantation of human tissues or organs from living or deceased donor or publicizes such acts, must be punished with a term of imprisonment of five (5) to eight (8) years. The same penalty must be imposed on those who: 1) Receive as recipients the tissues or organs, knowing their illicit origin; or, 2) Possess them for the purpose of trafficking in or illegal transplants. Whoever uses the exercise of a profession or trade for the carrying out of any of the foregoing conduct, must be punished, in addition to the prison sentence, with special disqualification from profession, trade, commerce or industry for a period of six (6) to ten (10) years.

AGGRAVATED ILLEGAL TRAFFICKING IN HUMAN ORGANS. The penalties to be imposed in the preceding article must be aggravated by one-third (1/3) when any of the following circumstances concur:

• 1)

  The victim is under eighteen (18) years of age or a person especially vulnerable by reason of age, situation, illness or limited intellectual or physical development;

• 2)

  There is a relationship of kinship between the victim and the guilty party or the latter is their guardian, curator, de facto keeper, cohabitant or person in charge of their education;

• 3)

  The conduct is carried out with abuse of trust or superiority, derived from any condition or situation that facilitates the commission of the offense;

• 4)

  The conduct is carried out within the framework of an organized criminal group;

• 5)

  The health or life of the victim is placed in serious danger; or,

• 6)

  Economic compensation or any other type of remuneration has been paid or received in exchange for committing the offense.

RESPONSIBILITY OF PUBLIC OFFICIALS OR EMPLOYEES. The public official or employee who carries out any of the conducts described in the two (2) preceding articles taking advantage of the exercise of public functions, shall be punished: 1) With prison sentences of six (6) to nine (9) years and special disqualification from public office or position for a period of ten (10) to fifteen (15) years, in the case of Article 164; and, 2) With the same penalties increased by one third (1/3), if any of the circumstances provided for in Article 165 concurs.

PUNISHABILITY OF PREPARATORY ACTS. Conspiracy, proposition or provocation to commit the crime of organ trafficking shall be punished with the corresponding penalties reduced by one third (1/3).

COLLABORATION WITH AUTHORITIES. The penalties to be imposed may be mitigated by up to one fourth (1/4) when the guilty party collaborates with the authorities for the purpose of:

• 1)

  Preventing the realization of any of the conducts described in the preceding articles or reducing their effects;

• 2)

  Providing or obtaining evidence of other crimes already committed; or,

• 3)

  Identifying, pursuing or prosecuting those responsible for the commission of such acts.

RESPONSIBILITY OF THE LEGAL ENTITY. When, in accordance with the provisions of Article 102 of this Code, a legal entity is responsible for the crimes included in this section, it shall be imposed the penalty of dissolution of the legal entity or a fine for an amount equal to or up to five (5) times the benefit obtained or intended. In the latter case and additionally, any of the following sanctions may be imposed:

• 1)

  Suspension of the specific activities in which the crime occurred, for a period that cannot exceed five (5) years;

• 2)

  Closure of the premises and establishments used for the commission of the crime, for a period that cannot exceed five (5) years;

• 3)

  Prohibition from conducting in the future the specific activities in whose exercise the crime has been committed, favored or covered; and,

• 4)

  Disqualification from obtaining public subsidies and aid, from contracting with the public sector and from enjoying fiscal benefits and incentives or Social Security benefits, for a period that cannot exceed ten (10) years.

UNIVERSAL JURISDICTION AND INTERNATIONAL RECIDIVISM. The State of Honduras shall exercise its jurisdiction over the crimes described in this section, regardless of the nationality of those responsible, the victims and the place of commission thereof.

A conviction by a foreign judicial body for crimes of the same nature as those provided for in this section produces the effects of recidivism, unless the criminal records have been canceled or could have been canceled in accordance with Honduran law. SECTION II CRIMES RELATED TO GENETIC MANIPULATION

GENETIC MANIPULATION. Those who, for purposes other than therapeutic or the elimination or reduction of serious diseases, manipulate human genes in a manner that alters the genotype, shall be punished with a prison sentence of one (1) to two (2) years and a fine of one hundred (100) to two hundred (200) days. When the pre-embryo resulting from the conduct provided for in the preceding paragraph is implanted in a woman for its development, the penalty shall be a prison sentence of two (2) to four (4) years and a fine of one hundred (100) to five hundred (500) days. For the purposes of this provision, "therapeutic purpose" shall be understood as that which aims to cure a disease that has its origin in a genetic alteration or to prevent its transmission to offspring. Any assisted technique such as artificial insemination, in vitro fertilization and other reproduction techniques performed with consent are excluded from this criminal offense.

AGGRAVATED GENETIC MANIPULATION. Whoever produces organisms with manipulated genes for their use as weapons shall be punished with a prison sentence of ten (10) to twenty (20) years and a fine of two hundred (200) to five hundred (500) days. Those who store or trade with them and those who use genetic engineering techniques in the manufacture of biological weapons shall be punished with the same penalties.

CLONING. The asexual obtaining of human pre-embryos shall be punished with prison sentences of one (1) to two (2) years and a fine of one hundred (100) to two hundred (200) days. The fertilization of human ova with non-human genetic lines shall be punished with prison sentences of one (1) to three (3) years and a fine of two hundred (200) to three hundred (300) days. The hybrid generation with human genetic lines of pre-embryos shall be punished with prison sentences of one (1) to three (3) years and a fine of one hundred (100) to three hundred (300) days. When the pre-embryo generated with the conducts described in the preceding paragraphs exceeds fifteen (15) days of development or is implanted in a woman, the conduct shall be punished with prison sentences of three (3) to five (5) years and a fine of three hundred (300) to five hundred (500) days.

PENALIZATION OF NEGLIGENCE. When the crimes contemplated in this section are committed through gross negligence, the penalties provided for shall be imposed reduced by one third (1/3).

DISQUALIFICATION FOR HEALTH PROFESSIONALS. If the facts provided for in this section are carried out by a health professional, public official or employee, the penalty of special disqualification from public employment or office and for the exercise of the profession for five (5) to ten (10) years shall be imposed, in addition to the corresponding penalties.

RESPONSIBILITY OF LEGAL ENTITIES. When in accordance with the provisions of Article 102 of this Code, a legal entity is responsible for the crimes included in this section, it shall be imposed the penalty of dissolution of the legal entity or a fine for an amount equal to or up to five (5) times the benefit obtained or intended. In the latter case and additionally, any of the following sanctions may be imposed:

• 1)

  Suspension of the specific activities in which the crime occurred, for a period that cannot exceed five (5) years;

• 2)

  Closure of the premises and establishments used for the commission of the crime, for a period that cannot exceed five (5) years;

• 3)

  Prohibition from conducting in the future the specific activities in whose exercise the crime has been committed, favored or covered; and,

• 4)

  Disqualification from obtaining public subsidies and aid, from contracting with the public sector and from enjoying fiscal benefits and incentives or Social Security benefits, for a period that cannot exceed fifteen (15) years. TITLE II CRIMES AGAINST COLLECTIVE SECURITY CHAPTER I CRIMES RELATED TO NUCLEAR ENERGY AND IONIZING RADIATION

DISTURBANCE OF INSTALLATIONS WITH HIGH RADIATION RISK. Whoever disturbs the correct functioning of an installation that produces nuclear energy or generates ionizing radiation violating the protocols approved by international standards, creating a situation of serious danger to the life or health of persons, shall be punished with a prison sentence of five (5) to ten (10) years.

RADIOACTIVE CONTAMINATION. Whoever emits or permits the emission of ionizing radiation violating the protocols approved by international standards outside of authorized facilities shall be punished with prison sentences of six (6) to twelve (12) years and special disqualification for the exercise of a profession, occupation, commerce or industry for double the time that the prison sentence lasts. The penalties provided for in the preceding paragraph shall be imposed without prejudice to those corresponding for deaths, injuries or damages produced.

SEIZURE OF NUCLEAR MATERIALS OR RADIOACTIVE SOURCES. Whoever seizes radioactive sources or, even without seizure, directs them to purposes other than those declared or authorized, shall be punished with prison sentences of two (2) to four (4) years and a fine of four hundred (400) to eight hundred (800) days, unless the benefit obtained was greater than the resulting amount in which case the fine shall be for an amount equal to or up to triple such benefit; likewise shall be punished with penalties of special disqualification from public office or position or, as appropriate, from profession, occupation, commerce or industry of four (4) to ten (10) years. Notwithstanding the foregoing, the competent Judicial Body may reduce the penalty by one third (1/3) of those indicated, in view of the minor importance of the fact and provided that no danger has been created for the health of persons, the quality of the air, soil or water resources. Whoever, without proper authorization or violating the safety conditions imposed by regulation, stores or transports radioactive sources potentially harmful to the health of persons, shall be punished with prison sentences of two (2) to four (4) years and special disqualification for the exercise of a profession, occupation, commerce or industry for a period of two (2) to ten (10) years. Whoever manipulates, enriches or subjects to industrial processes, without proper authorization or violating what was authorized, minerals suitable for the production of nuclear energy shall be punished with the same penalty. The penalty indicated in the preceding paragraphs shall be imposed increased by one fourth (1/4), without prejudice to those that may correspond in accordance with other provisions of this Code, when in the commission of the facts described in the preceding paragraphs any of the following circumstances concurs:

• 1)

  The conduct creates a risk of radioactive emission that endangers the quality of the air, soil or water resources, provided that radioactive contamination has not occurred;

• 2)

  The perpetrator violates special duties of protection of the security of nuclear materials or radioactive sources;

• 3)

  Force is used on things; and,

• 4)

  Information relating to security is falsified or concealed, to the administrative authorities in charge of controlling the activity or operation. The penalties provided for in the first and second paragraphs of this provision shall be imposed increased by one third (1/3), when any of the following circumstances concurs:

  • 1)

    Use of violence or intimidation;

  • 2)

    The conduct is committed within an organized criminal group; and,

  • 3)

    The nuclear materials or radioactive sources come from other states or are intended for international illicit commerce. When two (2) or more circumstances provided for in the third and fourth paragraphs of this provision concur, the competent Judicial Body shall impose the penalty provided for increased by one half (1/2).

CONCEALMENT OF INFORMATION. The private individual who, in breach of his duties, does not report to the competent authorities incidents related to the safety of the installations referred to in Article 177 of this Code, when such incidents place in danger the health of persons or the quality of the air, soil or water resource, shall be punished with prison sentences of two (2) to five (5) years, a fine of two hundred fifty (250) to eight hundred (800) days and special disqualification for the exercise of a profession, occupation, commerce or industry of seven (7) to ten (10) years. When the incident referred to in the preceding paragraph produces a radioactive emission, the penalties provided for in Article 178 of this Code shall be imposed. Whoever, in the construction, operation or maintenance of a nuclear installation, conceals or falsifies data relevant to the safety of the installation, shall be punished with prison sentences of one (1) to three (3) years, a fine of four hundred (400) to eight hundred (800) days and special disqualification for the exercise of a profession, occupation, commerce or industry of one (1) to five (5) years, without prejudice to the penalties that could correspond for other crimes. If the conduct affects installations containing radioactive sources, excluding the aforementioned, the penalty of a fine of four hundred (400) to eight hundred (800) days and special disqualification for the exercise of a profession, occupation, commerce or industry of one (1) to five (5) years shall be imposed, without prejudice to the penalties that could correspond for other crimes.

RESPONSIBILITY OF PUBLIC OFFICIAL OR EMPLOYEE. The public official or employee who authorizes, issues a favorable report on, or tolerates the realization of the acts provided for in this chapter, knowing of their illegality, must be punished with the same penalties as the perpetrator of the act, increased by one third (1/3), plus special disqualification from public office or employment for double the duration of the prison sentence. If in the actions or omissions described in the preceding articles of this chapter a public official or employee participates, the penalties corresponding thereto must be imposed increased by one third (1/3) and the penalty of special disqualification from public office or employment for double the duration of the prison sentence, based on their degree of participation in the offense.

RESPONSIBILITY OF LEGAL ENTITIES. When, in accordance with what is established in Article 102 of this Code, a legal entity is responsible for the offenses contained in this chapter, it must be imposed the penalty of dissolution of the legal entity or a fine in an amount equal to or up to five (5) times the value of the damage caused or the benefit obtained. In this latter case and additionally, any of the following sanctions may be imposed:

• 1)

  Suspension of the specific activities in which the offense was committed, for a period not exceeding five (5) years;

• 2)

  Closure of the facilities and establishments that were used for the commission of the offense, for a period not exceeding five (5) years;

• 3)

  Prohibition from carrying out in the future the specific activities in the exercise of which the offense was committed, favored, or concealed; and,

• 4)

  Disqualification from obtaining subsidies and public aid, from contracting with the public sector, and from enjoying fiscal benefits and incentives or Social Security benefits, for a period not exceeding ten (10) years. CHAPTER II FIRES AND DEVASTATION

FIRE. Whoever causes a fire that puts at risk the life, integrity, or health of persons must be punished with penalties of imprisonment from ten (10) to fifteen (15) years and a fine of one hundred fifty (150) to three hundred (300) days.

AGGRAVATED FIRE. The penalties of the preceding article must be increased by one third (1/3) when the conduct is carried out under the following circumstances:

• 1)

  An inhabited place or place designated for habitation;

• 2)

  A public place or place designated for public use;

• 3)

  A vessel, aircraft, or other collective transport, public or private, in operation;

• 4)

  A factory or commercial, industrial, agricultural establishment, or food depot;

• 5)

  A depot of explosive or flammable substances; and,

• 6)

  An oil well, mine gallery, or pipeline.

DEVASTATION. Whoever causes flooding, explosion, collapse, derailment, shipwreck, or other means of destruction as powerful as these not provided for in other provisions of this Code and thereby puts at risk the life, integrity, or health of persons must be punished with the penalty of imprisonment from ten (10) to fifteen (15) years and a fine of one hundred fifty (150) to three hundred (300) days. The damage actually caused must be punished, moreover, in accordance with what is provided in Title XX regarding Offenses against Property, Chapter IX, of this Code.

DESTRUCTION OR DISABLING OF DISASTER DEFENSE INSTALLATIONS. Whoever disables or destroys partially or totally buildings, constructions, or other works intended for common defense against disasters, in such a manner that their function is seriously affected, must be punished with penalties of imprisonment from five (5) to eight (8) years and a fine of one hundred (100) to three hundred (300) days.

OBSTRUCTION OF DEFENSE TASKS. Whoever removes, conceals, disables, or destroys instruments or means intended for rescue or defense against disasters in such a way as to seriously hinder them must be punished with penalties of imprisonment from two (2) to five (5) years and a fine of one hundred (100) to three hundred (300) days. The same penalty must be applied to whoever seriously obstructs rescue or defense tasks against disasters.

NEGLIGENT FIRES AND DEVASTATION. Whoever through gross negligence carries out any of the conduct contemplated in articles 183 through 185 of this Code must be punished with the penalty of four (4) to seven (7) years imprisonment. CHAPTER III OFFENSES AGAINST PUBLIC TRANSPORTATION MEANS AND PUBLIC SERVICES

ENDANGERMENT OF PUBLIC TRANSPORTATION AND INFRASTRUCTURE. Whoever by any means or procedure alters the minimum safety conditions in the operation of any class of public transportation, communication routes, production plants or distribution plants to users of water or energy or telecommunications, in such a manner as to place at serious risk the life, integrity, or health of persons, must be punished with penalties of imprisonment from ten (10) to fifteen (15) years and a fine of two hundred (200) to five hundred (500) days. If the fact results in the destruction or disabling of the material objects referred to in the preceding paragraph, the penalty must be increased by one fourth (1/4). The penalties provided in the preceding paragraphs must be imposed without prejudice to those that might correspond for other offenses.

NEGLIGENT ENDANGERMENT OF PUBLIC TRANSPORTATION AND INFRASTRUCTURE. Whoever through gross negligence carries out the conduct contemplated in the preceding article must be punished with the penalties provided therein, reduced by two thirds (2/3).

PUNISHABILITY OF PREPARATORY ACTS. Conspiracy, proposition, or provocation to commit the offenses contained in this chapter must be punished with the penalty provided for the consummated offense reduced by two thirds (2/3). TITLE III OFFENSES AGAINST LIFE, CORPORAL INTEGRITY, AND HEALTH CHAPTER I OFFENSES AGAINST LIFE

HOMICIDE. Whoever causes the death of a person must be punished with the penalty of imprisonment from fifteen (15) to twenty (20) years.

MURDER. Whoever causes the death of a person with the concurrence of treachery or cruelty must be punished with the penalty of imprisonment from twenty (20) to twenty-five (25) years. If the circumstance of price, reward, or remuneration promise concurs, the prison penalty must be from twenty-five (25) to thirty (30) years.

PARRICIDE. Whoever kills any of their ascendants, descendants, spouse, or person with whom the injured party maintains a stable relationship of analogous nature to the aforementioned, must be punished with the penalty of imprisonment from twenty (20) to twenty-five (25) years. The penalty established in the preceding paragraph is increased by one third (1/3) when the death referred to therein occurs with the concurrence of any of the circumstances referred to for murder.

PUNISHABILITY OF PREPARATORY ACTS. Conspiracy, proposition, or provocation to commit the aforementioned offenses must be punished with the corresponding penalties reduced by one third (1/3). The offer or demand of hired killing must be punished with the same penalty.

ABORTION. Abortion is the death of a human being at any moment of pregnancy or during childbirth. Whoever intentionally causes an abortion shall be punished:

• 1)

  With three (3) to six (6) years imprisonment if the woman consented to it or causes her own abortion;

• 2)

  With six (6) to eight (8) years imprisonment if the agent acts without the consent of the pregnant woman and without employing violence or intimidation; and,

• 3)

  With eight (8) to ten (10) years imprisonment if the agent employs violence, intimidation, or deception. In addition to the penalties indicated in the preceding numerals, health professionals who, abusing their profession, cause or cooperate in carrying out an abortion shall also be imposed a fine penalty of five hundred (500) to one thousand (1,000) days. Whoever by acts of violence causes abortion without the purpose of causing it, but knowing the victim's state of pregnancy, shall be punished with imprisonment of eight (8) to ten (10) years, without prejudice to the penalty corresponding to the acts of violence committed.

INDUCEMENT AND AID TO SUICIDE. Whoever induces another to commit suicide shall incur the penalty of imprisonment of three (3) to six (6) years. Whoever, given an unequivocal request, aids another person to commit suicide shall incur the same penalty provided in the preceding paragraph. If in any of the foregoing cases the suicide victim is an incapable person, minor under eighteen (18) years of age, or deception has been employed, the penalties for homicide shall be applied.

RECKLESS HOMICIDE. Whoever causes by gross negligence the death of another person shall be punished with imprisonment of three (3) to seven (7) years; if the negligence is minor, the penalty shall be one (1) year to three (3) years imprisonment. When reckless homicide is committed with firearms or explosives, motor vehicle, or by professional negligence, the following penalties for a period of three (3) to six (6) years shall be applied additionally, respectively:

• 1)

  Deprivation of the rights to possession and carrying of firearms;

• 2)

  Deprivation of the right to drive motor vehicles; or,

• 3)

  Special disqualification from profession or occupation. CHAPTER II CRIMES OF INJURY

INJURY. Whoever, by any means or procedure, causes another person an injury that impairs their bodily integrity, physical or mental health, shall be punished with imprisonment of one (1) to four (4) years, provided that the injury objectively requires for its recovery, in addition to initial medical care, medical or surgical treatment. Simple observation or medical follow-up of the course of the injury shall not be considered medical treatment. Notwithstanding, the act described in the preceding paragraph shall be punished with imprisonment of six (6) months to one (1) year when it is of lesser severity, considering the means employed or the result produced. For the purposes of this article, medical treatment means any curative system prescribed by a medical professional and directed at overcoming or mitigating the impairment caused by the injury; and surgical treatment means that which consists of curing through an operation carried out by a medical professional.

AGGRAVATED TYPES OF INJURY. The injuries provided for in the first paragraph of the preceding article shall be punished with imprisonment of four (4) to six (6) years if any of the following circumstances concur:

• 1)

  Treachery;

• 2)

  Cruelty;

• 3)

  Price, reward, or remunerative promise;

• 4)

  Use of weapons or instruments dangerous to life or health;

• 5)

  When the victim is especially vulnerable by reason of age, situation, illness, scant intellectual or physical development; and, 6) Reasons of gender.

SERIOUS INJURY. Whoever, by any means or procedure, mutilates or renders useless a principal member or organ of another person, or causes impotence, sterility, or a serious disease or deformity, shall be punished with imprisonment of eight (8) to twelve (12) years. If the mutilation or rendering useless affects a non-principal member or organ, or causes another a disease or deformity not provided for in the preceding paragraph, the penalty shall be six (6) to eight (8) years. The loss of two (2) or more teeth shall be understood as one of the cases of deformity. For the purposes of this provision, organ means each of the parts of the body that performs a function, and member means each of the extremities of the person or parts thereof, articulated with the trunk. Principal are those that develop a function which, while not essential to life, is relevant to it, health, or the normal development of the individual.

RECKLESS INJURY. Whoever by gross negligence causes any of the injuries defined in the preceding articles shall be punished as follows:

• 1)

  In the case of Article 201, first paragraph, with imprisonment of one (1) to four (4) years;

• 2)

  In the case of Article 201, second paragraph, with imprisonment of one (1) to three (3) years; and,

• 3)

  In the case of Article 199, first paragraph, with house arrest of six (6) months to one (1) year. If the act has been carried out by professional negligence or using firearms or motor vehicle, the penalties of special disqualification for the exercise of profession, occupation, or office, deprivation of the rights to possession and carrying of weapons or to drive motor vehicles shall be imposed, respectively, for two (2) to six (6) years.

INJURY TO THE FETUS. Whoever, by any means or procedure, causes in a fetus an injury or disease that seriously impairs its normal development, shall be punished with imprisonment of one (

• 1)

  to four (4) years. If the foregoing acts are carried out by gross negligence, the penalty shall be imprisonment of six (6) months to two (

• 2)

  years. The pregnant woman shall not be penalized pursuant to this provision. If the acts are committed in the exercise of profession or occupation, the penalty of special disqualification for its exercise of three (

• 3)

  to six (6) years shall be imposed additionally. TITLE IV CRIMES AGAINST THE DUTY OF CITIZEN AID

OMISSION OF THE DUTY TO AID. Whoever does not aid a person who is defenseless and in manifest and serious danger to their life, health, integrity, freedom, or sexual freedom, when this does not result in risk to themselves or to third parties, shall be punished with imprisonment of six (6) months to one (1) year or a fine of one hundred (100) to three hundred (300) days. With the same penalty shall be punished whoever, being unable to provide aid, does not urgently request assistance from others. If the victim is of an accident caused by negligence by the person who omits aid, the penalty shall be increased by two-thirds (2/3).

OMISSION OF THE DUTY TO AID ESPECIALLY VULNERABLE PERSONS. Whoever finds lost or abandoned a minor under fourteen (14) years of age, a disabled person requiring special protection, and does not present them, notify their family or the authority, or in their case does not provide the assistance that circumstances demand, shall be punished with imprisonment of six (6) months to one (1) year and a fine of one hundred (100) to two hundred (200) days, unless the facts should be punished with a greater penalty, in accordance with another provision of this Code. The same penalties shall be imposed on whoever fails to provide assistance or in their case, the aid that circumstances demand to an elderly person or one seriously ill who is found helpless.

OMISSION OF PROVISION OF HEALTH CARE ASSISTANCE. The professional who, being obligated to do so, denies health care assistance or abandons health services, when from such denial or abandonment serious risk to the health of persons arises, shall be punished with imprisonment of six (6) months to one (1) year and special disqualification from public office or occupation of six (6) months to three (3) years.

OMISSION OF DUTIES TO PREVENT CRIMES OR PROMOTE THEIR PROSECUTION. Whoever, being able to do so with their immediate intervention and without risk to themselves or others, does not prevent the commission of a crime that affects persons in their life, health, or integrity, freedom, or sexual freedom, shall be punished with imprisonment of six (6) months to one (1) year, unless the crime not prevented corresponds to an equal or lesser penalty, in which case this penalty reduced by one-third (1/3) shall be imposed. The same penalties shall be incurred by whoever, being able to do so, does not resort to the authority or its agents to prevent a crime provided for in the preceding paragraph and of whose imminent or current commission they have notice. TITLE V VIOLENCE AGAINST WOMEN

FEMICIDE. A man commits the crime of femicide when he kills a woman in the context of unequal power relations between men and women based on gender. The crime of femicide shall be punished with imprisonment of twenty (20) to twenty-five (25) years. A man commits the crime of aggravated femicide when he kills a woman in the context of unequal power relations between men and women based on gender; the penalty for aggravated femicide shall be imprisonment of twenty-five (25) to thirty (30) years, unless a greater penalty corresponds for the application of other provisions of this Code, when any of the following circumstances concur:

• 1)

  Any of those contemplated in the crime of murder;

• 2)

  That the perpetrator is or has been spouse or person with whom the victim maintains or has maintained a stable relationship analogous to the foregoing or is ascendant, descendant, sibling of the victim or of their spouse or cohabiter;

• 3)

  That the femicide has been preceded by an act against the victim's sexual freedom;

• 4)

  When the crime is committed by or in the context of an organized criminal group;

• 5)

  When the victim of the crime is a sex worker;

• 6)

  When the victim is also of the crimes of human trafficking, slavery, or servitude;

• 7)

  When lesions or mutilations have been caused to the victim or their cadaver related to their condition as a woman; and,

• 8)

  When the victim's body is exposed or exhibited by the perpetrator in a public place. The crime of femicide shall be punished without prejudice to the penalties corresponding to crimes committed against moral integrity, freedom of movement, sexual freedom, human trafficking, and degrading forms of human exploitation or against the woman's cadaver or against any of the legal goods protected in this Code. The penalties respectively provided for in the crimes of femicide shall be applied when death is caused to a person who has acted in defense of the victim of this crime.

VIOLENCE AGAINST WOMEN. Whoever in the context of unequal power relations between men and women based on gender exercises physical or psychological violence against a woman shall be punished with imprisonment of one (1) to four (4) years and a fine of one hundred (100) to three hundred (300) days or provision of public utility services or services to victims for the same time period. The penalty is increased by one-third (1/3) when the abuse is carried out with the concurrence of any of the following circumstances:

• 1)

  Against a victim especially vulnerable due to age or being a person with disabilities in need of special protection;

• 2)

  In the presence of minors;

• 3)

  Using dangerous weapons or instruments;

• 4)

  In the victim's home; or,

• 5)

  Breach of protection mechanisms applied based on legislation against gender-based violence. In the case of two (2) or more of the foregoing circumstances concurring, the penalty shall be increased by two-thirds (2/3). The provisions of this article shall be applied without prejudice to any other provision of this Code that has a greater penalty.

COMMON PROVISION. For the purposes of this title and considering the circumstances of the act, it is understood that there are unequal power relations between man and women based on gender when death or violence appears as a manifestation of discrimination against the woman for being one, whether or not there has been a prior relationship between perpetrator and victim and regardless of whether it occurs in a public or private context. The competent Judicial Branch, in the crimes described in this chapter, shall agree in its judgments the imposition of one or several of the prohibitions provided for in Article 51 of this Code for a period not exceeding ten (10) years if the crime is serious or five (5) years if it is less serious. TITLE VI DISCRIMINATION ON THE OCCASION OF THE EXERCISE OF RIGHTS

DENIAL OF PROVISION OF A PUBLIC SERVICE BY DISCRIMINATION. The public official or employee, or the private individual in charge of a public service, who denies a person, group, association, corporation or their members, by reason of their ideology, religion or beliefs, language, belonging to an ethnicity or race, national origin, indigenous or Afro-descendant people, their sex, sexual orientation or gender identity, reasons of gender, marital status, family or economic situation, age, illness or disability, a benefit to which they are entitled, shall be punished with imprisonment sentences of one (1) to three (3) years, a fine of one hundred (100) to two hundred (200) days and special disqualification from public employment or office of one (1) to three (3) years.

DENIAL OF BENEFIT IN THE EXERCISE OF PROFESSIONAL OR BUSINESS ACTIVITIES FOR REASONS OF DISCRIMINATION. Whoever, in the exercise of their professional, commercial or business activities, denies a person, group, place of residence, association or corporation or their members for any of the reasons referred to in the previous article, a benefit to which they are entitled, shall be punished with the penalty of special disqualification from the exercise of profession, trade, industry or commerce of one (1) to three (3) years.

INCITEMENT TO DISCRIMINATION. Those who develop the following conduct shall be punished with imprisonment sentences of one (1) to two (2) years and a fine of one hundred (100) to five hundred (500) days: 1) Whoever directly and publicly or through media of communication or dissemination intended for the public, incites discrimination or any form of violence against a group, association, corporation or part of the same, or against a determined person by reason of their belonging to those, for any of the causes mentioned in the previous articles of this title; and, 2) Whoever damages the dignity of persons through actions or expressions, including graphic ones, that entail humiliation, contempt or discredit of any of the groups referred to in the previous numeral or, part of the same or against a determined person by reason of their belonging to those, for any of the causes mentioned in the previous articles. The prison sentence shall be increased by one third (1/3) when the facts described in the previous numerals are committed by a public official or employee in the exercise of their functions; additionally, the penalty of special disqualification from public employment or office of one (1) to three (3) years shall be imposed. TITLE VII CRIMES AGAINST DIGNITY AND HONOR CHAPTER I CRIMES AGAINST MORAL INTEGRITY SECTION I TORTURE, INHUMANE, CRUEL OR DEGRADING TREATMENT

DEGRADING TREATMENT. Whoever occasions a person degrading treatment through physical, psychological or verbal violence, in a manner that seriously violates their moral integrity, shall be punished with imprisonment sentences of one (1) to two (2) years and prohibition of residence for twice the duration of the sentence. The penalties shall be increased by one third (1/3) if the victim is a vulnerable person by reason of illness, age, disability or is a pregnant woman.

THREAT TO OBTAIN CONFESSION. The authority agent, public official or employee who threatens a person with causing harm to them, to their family or, to other persons with whom they are intimately linked, in order to obtain a confession of having intervened in a particular crime or of imputing it to another person, shall be punished with imprisonment sentences of three (3) to six (6) years and absolute disqualification for twice the duration of the imposed prison sentence.

TORTURE. A public official or employee commits torture who, in the exercise of their office and with the purpose of obtaining a confession or information from any person or of punishing them for any fact they have committed or are suspected of having committed for any reason based on some type of discrimination or with any other purpose, subjects them to conditions or procedures that by their intimidating or coercive nature cause them suffering, a situation of humiliation or the suppression or diminishment of their faculties of knowledge, discernment or decision. It shall not be considered torture, the pain or suffering that is solely a consequence of legitimate sanctions or that are inherent or incidental to these. The person guilty of torture shall be punished with imprisonment sentences of six (6) to ten (10) years and absolute disqualification of fifteen (15) to twenty (20) years. With the same penalties shall be punished the public official or employee of penitentiary establishments or protection or internment centers for offending minors who commits with respect to inmates, detainees or condemned persons, the acts described in the first paragraph of this article. The penalties provided in the second paragraph shall be imposed on the public official or employee who, failing to comply with the duties of their office, allows other persons to execute the facts described in the first paragraph. The prison sentence shall be increased by one third (1/3) when the victim is under eighteen (18) years of age, a pregnant woman, a person of advanced age or a person with disability.

CRUEL, INHUMANE OR DEGRADING TREATMENT BY A PUBLIC OFFICIAL. A public official or employee commits the crime of cruel, inhumane or degrading treatment who, in the exercise of their office, causes injury to the moral integrity of a person, without the action constituting torture due to its lesser gravity and scope of damages produced. The pain or suffering that is solely a consequence of legitimate sanctions or that are inherent or incidental to these shall not be considered as such. The person guilty of inhumane treatment shall be punished with imprisonment sentences of three (3) to six (6) years and absolute disqualification of ten (10) to fifteen (15) years. The penalties provided in the previous paragraph shall be imposed on the public official or employee who, failing to comply with the duties of their office, allows other persons to execute the facts described in the first paragraph of this article.

CONCURRENCE. The penalties provided in the previous articles shall be imposed without prejudice to those that correspond, where applicable, for crimes committed against the life, bodily integrity, health, freedom of movement, sexual freedom or property of the victim or of a third party. SECTION II TRAFFICKING IN PERSONS AND DEGRADING FORMS OF HUMAN EXPLOITATION

TRAFFICKING IN PERSONS. Whoever, employing violence, intimidation, deceit or, abusing a situation of superiority or necessity of the victim or through the delivery or receipt of payments or benefits to obtain the consent of the person who has control of the same, captures, transports, transfers, receives or accommodates them, within or outside national territory, with any of the following purposes:

• 1)

  Exploitation in conditions of slavery, servitude, forced services or labor, including begging and the obligation to carry out criminal activities;

• 2)

  Forced sexual exploitation;

• 3)

  Performing servile or forced marriage or cohabitation;

• 4)

  Causing forced pregnancy;

• 5)

  The extraction of their organs or body tissues, or their derived components; or,

• 6)

  Experimentation for the application of medications, drugs, substances or clinical techniques, shall be punished with imprisonment of five (5) to eight (8) years. The consent of the victim is irrelevant when any of the means indicated in the first paragraph of this article has been used. Even when none of the means indicated in the first paragraph are used, trafficking in persons is considered any of the actions indicated when carried out with respect to minors under eighteen (18) years of age with any of the exploitation purposes provided.

SPECIFIC AGGRAVATING CIRCUMSTANCES. The penalty shall be increased by one third (1/3) when any of the following circumstances concur:

• 1)

  The life, physical or psychological integrity or health of the victim is endangered;

• 2)

  The victim is especially vulnerable by reason of age, illness, disability or is a pregnant woman; or,

• 3)

  The guilty party belongs to an organized criminal group. In addition to the corresponding prison sentence, absolute disqualification for twice the duration of the prison sentence shall be imposed on those who carry out the facts taking advantage of their condition as a public official or employee.

EXPLOITATION IN CONDITIONS OF SLAVERY OR SERVITUDE. Whoever, exercising over another person a power of disposition or control, imposes on them or maintains them in a state of continued subjection, obligating them to perform acts, work or provide services, within or outside national territory, shall be punished with imprisonment sentences of six (6) to nine (9) years and a fine of one hundred fifty (150) to three hundred (300) days. The reduction to the condition of slave or serf for purposes of this article takes place when the situation of subjection is achieved through violence, intimidation, deceit or by abusing a situation of superiority or necessity of the victim. The prison sentence shall be increased from one third (1/3) to one half (1/2) when the victim is under eighteen (18) years of age.

EXPLOITATION OF BEGGING. Whoever uses a minor under eighteen (18) years of age, a person of advanced age or with disability in need of special protection in the practice of begging, shall be punished with the penalty of home arrest of one (

• 1)

  month to two (

• 2)

  years or provision of services of public utility or to victims of two hundred (200) to four hundred (400) days. When violence or intimidation has been used or harmful substances to health or others that have the capacity to weaken the victim's will are supplied to the victim, the penalty shall be imprisonment of two (2) to three (

• 3)

  years, without prejudice to applying another provision of this Code if it provides for a greater penalty.

ARTIFICIAL INSEMINATION AND OTHER ASSISTED REPRODUCTION TECHNIQUES WITHOUT CONSENT. Whoever artificially inseminates a woman without her consent shall be punished with imprisonment sentences of four (4) to six (6) years and a fine of one hundred (100) to five hundred (500) days. The same penalties are incurred by whoever, without the woman's consent, transfers preembryos to her or extracts ova resulting from artificial fertilization techniques. A penalty of two (2) to four (4) years imprisonment shall be imposed on whoever, without being legitimately authorized, renders useless or extracts from the woman the mechanism implanted in her body to prevent conception. The penalties provided shall be increased by up to one half (1/2) if the victim is under eighteen (18) years of age. If the fact is committed by a person linked to health sciences, the penalty of special disqualification from the exercise of the profession of five (5) to ten (10) years shall be imposed in addition.

EXPERIMENTATION WITHOUT CONSENT. Whoever, by any means or procedure, subjects a person to experimentation for the application of medications, drugs, substances or techniques, without their express consent, shall be punished with imprisonment sentences of four (4) to six (6) years, a fine of one hundred (100) to two hundred (200) days and special disqualification from the exercise of a profession, trade, commerce or industry of five (5) to ten (10) years. For purposes of the previous paragraph, it is also understood that there is no consent when it has been obtained in exchange for remuneration. When the victim is under eighteen (18) years of age, a pregnant woman or a person with disability in need of special protection, the imprisonment and fine penalties provided shall be imposed increased by one third (1/3).

LIABILITY OF LEGAL PERSONS. When in accordance with what is established in Article 102 a legal person is responsible for one of the crimes of this section, the penalty of dissolution of the legal person or a fine of one thousand (1,000) to two thousand (2,000) days shall be imposed. If the fine option is chosen, one of the following sanctions may additionally be imposed:

• 1)

  Suspension of the specific activities in which the crime occurred, for a period that may not exceed five (5) years;

• 2)

  Closure of the premises and establishments that were used for the commission of the crime, for a period that may not exceed five (5) years;

• 3)

  Disqualification from obtaining subsidies and public aid, from contracting with the public sector and from enjoying tax and social security benefits and incentives, for a period that may not exceed fifteen (15) years.

CONCURRENT OFFENSES. The penalties provided in the preceding articles must be imposed without prejudice to those that correspond, as the case may be, for other crimes committed.

INTERNATIONAL RECIDIVISM. A conviction by a foreign Judicial Body for crimes of the same nature as those provided for in this section produces the effects of recidivism, unless the criminal records have been canceled or could have been canceled in accordance with Honduran law. CHAPTER II ABANDONMENT OF MINORS, PERSONS WITH DISABILITIES, ELDERLY PERSONS OR SICK PERSONS

ABANDONMENT OF MINORS, PERSONS WITH DISABILITIES, ELDERLY PERSONS OR SICK PERSONS. Whoever abandons a person under eighteen (18) years of age, with a disability, elderly or sick person who is under their custody and duty of care, must be punished with imprisonment of four (4) to six (6) years and provision of public utility services or to the victims of six (6) months to one (1) year or a fine of three hundred (300) to six hundred (600) days. If the abandonment is carried out by their parents, guardians or legal custodians, the penalty must be increased by one third (1/3). If as a consequence of the abandonment the death of the abandoned person results, the life of the same is placed in serious danger, or serious injury or illness is caused to them, the penalty must be imprisonment of ten (10) to fifteen (15) years, unless the act constitutes a crime of greater severity. For the purposes of the first paragraph of this Article and when the perpetrator is a public official or employee, health professional or auxiliary in the exercise of their functions, the penalties of imprisonment of six (6) to nine (9) years and special disqualification for twice the duration of the imprisonment sentence must be imposed. CHAPTER III CRIMES AGAINST HONOR SECTION I CRIMINAL FIGURES

SLANDER. Slander is the action or expression that injures the dignity of another person by diminishing their reputation. Only slanders that by their nature, effects or circumstances are considered in the public sphere as serious are constitutive of a crime. Slanders that consist in the imputation of facts are not considered serious, except when they have been carried out with knowledge of their falsehood or reckless disregard for the truth. Slanders made with publicity must be punished with a fine of two hundred (200) to five hundred (500) days and in the case that they are made without publicity, with a fine of one hundred (100) to two hundred (200) days.

LIBEL. Libel is the false attribution of a crime made with knowledge of its falsehood or reckless disregard for the truth. Libels made with publicity must be punished with imprisonment of six (6) months to one (1) year and a fine of five hundred (500) to one thousand (1000) days and in the case that they are made without publicity with a fine of two hundred (200) to five hundred (500) days.

SLANDER AND LIBEL REGARDING SUPERVISED INSTITUTION. If slander or libel falls upon an institution subject to the supervision and inspection of the National Banking and Insurance Commission (CNBS) or its officials and as a consequence of said acts, there is an attempt against the reputation of the institution, financial prestige or that it is subject to mass withdrawal of deposits or investments, greater or superior to its normal or ordinary flow, as a product of the diminishment in the confidence of clients, users, depositors or investors generated by the slanders or libels made, the penalties indicated in the preceding article shall be imposed increased by one half (1/2). INDIRECT SLANDER AND LIBEL. Those who publish, reproduce, repeat slander or libel imputed by another, or who make the imputation in an impersonal manner or with the expressions it is said, it is assured or another similar one, must be subject to the penalties provided for in articles 229 and 230. SECTION II COMMON PROVISIONS

CONCEPT OF PUBLICITY. Slander and libel are understood to be made with publicity when they are carried out through printed materials, television, radio, internet, information networks, before a multitude of persons or through other means of similar effectiveness. SPECIAL CIRCUMSTANCES FOR GRADUATION OF PENALTY. When any of the conduct provided for in this Chapter is committed using collective dissemination websites or social networks through the internet, the respective penalties shall be increased by one sixth (1/6) to one half (1/2). REPARATORY PUBLICATION. The convicting judgment rendered in crimes against honor produced with publicity must order, if the offended person requests it, the publication in the same medium in which the slander or libel was published of a summary of the ruling in the terms that the competent Judicial Body determines, in space identical or similar to that in which its dissemination occurred, within the term indicated and at the charge of the condemned person. This provision is also applicable in the case of retraction.

CIVIL LIABILITY. In the case that slander or libel is committed with publicity, the natural or legal person owner of the news medium through which the slander or libel has been spread is civilly liable in a subsidiary manner.

PROCEDIBILITY AND PARDON. In order to proceed for slander or libel, the presentation of a complaint by the offended person is required. No one may bring an action for libel or slander uttered in court without prior authorization from the competent Judicial Body before which they were supposedly uttered. The pardon of the offended person or their legal representative, granted in the terms of Article 108 of this Code, extinguishes the criminal action. TITLE VIII CRIMES AGAINST LIBERTY CHAPTER I CRIMES AGAINST LIBERTY OF MOVEMENT

ILLEGAL DEPRIVATION OF LIBERTY. Whoever, without legal cause, deprives a person of their liberty of movement must be punished with imprisonment of five (5) to seven (7) years and prohibition of residence for twice the duration of the sentence.

AGGRAVATED ILLEGAL DEPRIVATION OF LIBERTY. The act provided for in the preceding article must be punished with imprisonment of seven (7) to nine (9) years, when any of the following circumstances concur:

• 1)

  The person deprived of liberty is under eighteen (18) years of age, a pregnant woman, an elderly person, especially vulnerable or suffers from an illness that prevents them from fending for themselves;

• 2)

  The person deprived of liberty is a public official or employee in the exercise of their functions;

• 3)

  The deprivation of liberty exceeds seventy-two (72) hours;

• 4)

  The crime is perpetrated with simulation of authority or public functions; and,

• 5)

  Drugs or any substance that annuls or weakens the victim's will are administered to them.

MITIGATED ILLEGAL DEPRIVATION OF LIBERTY. When the subject desists from their purpose and releases the victim within the first twenty-four (24) hours of the deprivation of liberty, without harm to their health or physical integrity, the penalty must be imprisonment of three (3) to five (5) years.

ILLEGAL DEPRIVATION OF LIBERTY CARRIED OUT BY PUBLIC OFFICIAL OR EMPLOYEE. When the illegal deprivation of liberty is completely arbitrary and carried out by a public official or employee, national or foreign, in the exercise of their functions, the penalties established in the preceding articles must be applied increased by one third (1/3). The penalty of absolute disqualification of ten (10) to fifteen (15) years must also be imposed. The person in charge of a penitentiary establishment, detention facility or internment facility, including psychiatric, migratory or detention centers for infractious minors, who deprives a person of liberty without an order from competent authority or without compliance with legal requirements, must incur the same penalties.

KIDNAPPING. Whoever deprives another person of their liberty demanding some condition for releasing them, must be punished with imprisonment of eight (8) to twelve (12) years and prohibition of residence for twice the duration of the sentence.

AGGRAVATED KIDNAPPING. The act provided for in the preceding article must be punished with imprisonment of twelve (12) to fifteen (15) years and prohibition of residence for twice the duration of the sentence when any of the following circumstances concur:

• 1)

  The perpetrator achieves compliance with the condition;

• 2)

  The condition consists in demanding from the national public powers or a foreign government some measure, concession or legal or illegal resolution;

• 3)

  The deprivation of liberty exceeds seventy-two (72) hours;

• 4)

  The kidnapped person is under eighteen (18) years of age, a pregnant woman, an elderly person, especially vulnerable or suffers from an illness that prevents them from fending for themselves;

• 5)

  The kidnapped person is a public official or employee and the kidnapping has been committed for acts linked to the exercise of their functions;

• 6)

  The kidnapped person is a diplomat or consul accredited in Honduras or in transit through national territory or a member of an international organization, their spouse or partner, ascendant, descendant or relatives by consanguinity or affinity, provided that they are accompanied;

• 7)

  The crime is committed within the scope of an organized criminal group;

• 8)

  The crime is committed with simulation of authority or public functions; or,

• 9)

  Drugs or any substance that annuls or weakens the victim's will are administered to them. If two (2) or more of the preceding circumstances concur, the penalty of imprisonment of fifteen (15) to twenty (20) years must be imposed. If the death of the kidnapped person is caused, intentionally or recklessly, the penalty of life imprisonment must be imposed.

MITIGATED KIDNAPPING. Imprisonment sentences of five (5) to seven (7) years and prohibition of residence for double the duration of the sentence must be imposed when the subject releases the kidnapped person within the first seventy-two (72) hours of the deprivation of liberty, voluntarily or as a result of negotiations, without injury to their health and physical integrity and without having achieved compliance with the condition that had been proposed.

KIDNAPPING COMMITTED BY A NATIONAL OR FOREIGN PUBLIC OFFICIAL OR EMPLOYEE. When kidnapping is committed by a national or foreign public official or employee, abusing the exercise of their functions, the penalties established in the preceding articles must be applied increased by one-third (1/3) and furthermore absolute disqualification for fifteen (15) to twenty (20) years.

PUNISHABILITY OF PREPARATORY ACTS. Conspiracy, proposition or provocation for the commission of kidnapping offenses must be punished with the imprisonment sentence provided in the respective cases, reduced by one-third (1/3). If the act is committed by a public official or employee, the penalty of absolute disqualification must be imposed, furthermore, for double the duration of the sentence.

CONCURRENCE. The penalties provided in the articles included in this chapter must be imposed without prejudice to those that may correspond, in their case, for offenses committed against the life, bodily integrity, health, sexual liberty or patrimony of the victim or of a third party. CHAPTER II OFFENSES AGAINST FREEDOM OF DETERMINATION

COERCION. Whoever, without being legitimately authorized, prevents another with violence, intimidation or force in things from doing what the Law does not prohibit or compels them to perform what they do not wish, whether just or unjust, must be punished with imprisonment of one (1) to three (3) years or provision of services of public utility or to the victims of one hundred eighty (180) to three hundred sixty (360) days. When the coercion prevents another from exercising a fundamental right, the penalty of a fine of one hundred (100) to three hundred (300) days must be additionally applied, unless the act is punished with a greater penalty in another provision of this Code.

THREATS. Whoever threatens another with causing him, his family or other persons with whom he is intimately linked, harm to his person, honor, privacy or patrimony, must be punished with the following penalties: 1) Imprisonment of one (1) to three (3) years or provision of services of public utility or to the victims of one hundred eighty (180) to three hundred sixty (360) days, when the threat has not been conditional; and, 2) Imprisonment of two (2) to four (4) years or provision of services of public utility or to the victims of one hundred eighty (180) to three hundred sixty (360) days, if the threat has been conditional. If the threat is made in writing or through electronic, audiovisual or telematic means, the penalties provided must be increased by one-third (1/3). Responsibility shall be determined in accordance with the provisions in Chapter V, Title II, of Book I of this Code.

EXTORTION. Whoever demands from another person money, goods, reward or the performance or omission of an act, under the threat of revealing, disseminating or imputing facts concerning their private life that may affect their honor, credit or reputation, must be punished with the penalties of one (1) to three (3) years of imprisonment and prohibition of residence for double the duration of the sentence. If the act is committed by a public official or employee taking advantage of their functions, the penalty of special disqualification for public office or position for one (1) to five (5) years must be additionally imposed.

FORCED DISPLACEMENT. Whoever with violence or intimidation compels or attempts to compel another or their family to change or abandon their place of residence, commercial or labor activity, their educational establishment or any location over which they have property rights, must be punished with imprisonment of six (6) to nine (9) years. The penalty provided in this article must be imposed without prejudice to those that may correspond, in their case, for other offenses committed. TITLE IX OFFENSES AGAINST SEXUAL LIBERTY AND INTEGRITY CHAPTER I RAPE, SEXUAL ASSAULTS, INCEST, STATUTORY RAPE AND SEXUAL HARASSMENT

RAPE. The crime of rape constitutes non-consensual carnal access by vaginal, anal or oral means with a person of either sex, as well as the introduction of body parts or objects by any of the first two (2) methods. In any case, it must be considered non-consensual when executed concurring any of the following circumstances:

• 1)

  Use of violence or intimidation;

• 2)

  The victim is under fourteen (14) years of age, even if consent is given; or,

• 3)

  Abuse of the victim's mental alienation or annulation of their will originated by any cause, including the exploitation of a situation of absolute defenselessness of the victim. The perpetrator of a rape offense must be punished with imprisonment sentences of nine (9) to thirteen (13) years, prohibition of residence and approach to the victim for double the duration of the imprisonment sentence. The above penalties must be increased by one-third (1/3) if the circumstance of numeral 1) of the second paragraph concurs and the victim is under fourteen (14) years of age.

OTHER SEXUAL ASSAULTS. Whoever commits the offense of sexual assaults, concurring any of the circumstances of the preceding article, performs acts that violate sexual liberty, distinct from those provided in the previous provision. The perpetrator of this offense must be punished with imprisonment sentences of five (5) to eight (8) years and prohibition of residence and approach to the victim for double the duration of the imprisonment sentence. The above penalties must be increased by one-third (1/3) if the circumstance of numeral 1) of the second paragraph of the preceding article concurs and the victim is under fourteen (14) years of age.

CONSENT OF THE PASSIVE SUBJECT. The penalties provided in the two preceding articles must be six (6) to nine (9) years of imprisonment, in those cases in which, having the victim's consent, it is null because the victim is under fourteen (14) although over twelve (12) years of age, provided that the perpetrator has not reached twenty-one (21) years of age and is a person proximate to their victim by degree of development, maturity and social circumstances.

INCEST. Whoever has carnal access with their descendant, sibling or niece or nephew who is fourteen (14) years of age or older and under eighteen (18) years of age, must be punished as a perpetrator of an incest offense with imprisonment sentences of four (4) to six (6) years, unless the act must be punished more severely in accordance with another provision of this Code.

CONTACT WITH SEXUAL PURPOSE WITH MINORS THROUGH ELECTRONIC MEANS. Whoever, through information and communication technologies, proposes to a minor under fourteen (14) years of age to arrange a physical meeting to perform sexual activities, provided that such proposal is accompanied by material acts directed toward such meeting, must be punished with the penalty of house arrest of one (1) to three (3) years. When the approach is obtained through coercion or intimidation, must be punished with imprisonment of two (2) to four (4) years. The penalty established in the first paragraph of this article must be reduced by one-fourth (1/4) when contact with the person under fourteen (14) years of age consists, solely, in seeking to obtain images or videos of sexual content in which the minor appears.

STATUTORY RAPE. Whoever using deception performs acts of sexual content with a person over fourteen (14) and under eighteen (18) years of age, must be punished with imprisonment of six (6) months to one (1) year. If the sexual acts imply carnal access by any means, the penalties must be imprisonment of one (1) to three (3) years and provision of services of public utility or to the victims for a period of two (2) to four (4) months or a fine of three hundred (300) to six hundred (600) days. Whoever taking advantage of a relationship of manifest superiority originated by any cause and that conditions the victim's liberty, performs with the latter acts of sexual content, must be punished with the penalty of one (1) to three (3) years of imprisonment and a fine of one hundred (100) to three hundred (300) days. If the sexual acts imply carnal access by any means, the penalties must be imprisonment of four (4) to seven (7) years and a fine of three hundred (300) to five hundred (500) days. Whoever without the concurrence of the circumstances referred to in the first paragraph of Article 249 or first and second paragraphs of this article, performs non-consensual acts of sexual content that violate the victim's sexual liberty or integrity, must be punished with the penalty of provision of services of public utility or to the victims for a period of six (6) months to one (1) year or a fine of one hundred (100) to three hundred (300) days.

SPECIFIC AGGRAVATING CIRCUMSTANCES. The penalties contemplated in the preceding articles may be increased up to one-third (1/3) if any of the following circumstances concur:

• 1)

  The perpetrator makes use of weapons or other instruments dangerous to the victim's life or health, without prejudice to the penalties that could correspond for other offenses;

• 2)

  The perpetrator has endangered by gross negligence the victim's life or has seriously compromised their health;

• 3)

  The victim is especially vulnerable by reason of age, situation, illness, limited intellectual or physical development and, in any case, when under six (6) years of age;

• 4)

  The conduct performed has been accompanied by acts particularly degrading or demeaning for the victim or are performed in a context of gender-based violence; and,

• 5)

  When the facts are committed by the joint action of two (2) or more persons.

SEXUAL HARASSMENT. Whoever in the context of an organization or in the scope of a labor, teaching, service provision, sports or religious relationship, continued or habitual, repeatedly solicits for himself or herself or for a third party favors of a sexual nature and with such behavior objectively provokes in the victim a situation gravely intimidating, hostile or humiliating in the corresponding scope of relationship, shall incur a sentence of imprisonment of one (

• 1)

  to two (

• 2)

  years. The penalty shall be two (2) to three (

• 3)

  years of imprisonment if the guilty party has taken advantage of a relationship of superiority originating from any cause or if the victim is especially vulnerable due to age, situation, illness or limited intellectual or physical development. CHAPTER II CRIMES RELATED TO SEXUAL EXPLOITATION AND CHILD PORNOGRAPHY

SEXUAL EXPLOITATION. Sexual exploitation is understood to be the utilization of one or more persons in prostitution, pornography, exhibitions of a sexual nature or any other activities for sexual purposes that are carried out in exchange for payment, reward or promise of remuneration. The penalties provided for in this chapter must be imposed on those responsible for the respective conduct, without prejudice to those that may correspond for crimes against sexual liberty and integrity that may eventually be committed as a consequence of the sexual exploitation of the victim.

FORCED SEXUAL EXPLOITATION OF ADULTS. Whoever promotes, favors or facilitates the forced sexual exploitation of a person over eighteen (18) years of age through the use of violence, intimidation, deception, abuse of authority, abuse of mental incapacity or any means by which the nullification of the victim's will is achieved, shall be punished with a sentence of imprisonment of five (5) to eight (8) years and a fine of one hundred (100) to five hundred (500) days.

SEXUAL EXPLOITATION OF MINORS OR PERSONS WITH DISABILITIES. Whoever in any manner promotes, favors or facilitates the sexual exploitation of a person under eighteen (18) years of age or with disabilities in need of special protection, or benefits directly or indirectly from such exploitation knowing of such circumstances, shall be punished with a sentence of imprisonment of six (6) to eight (8) years and a fine of one hundred (100) to one thousand (1000) days. The penalties to be imposed shall be imprisonment of eight (8) to twelve (12) years and a fine of one thousand (1000) to two thousand (2000) days if the sexual exploitation of the minor or person with disabilities is forced or obtained through the use of violence, intimidation, deception, abuse of authority or any means by which the nullification of the victim's will is achieved. It shall be understood, in all cases, that sexual exploitation is forced when the victim is under fourteen (14) years of age.

SPECIFIC AGGRAVATING CIRCUMSTANCES. The penalties contemplated in the two preceding articles shall be aggravated by up to one third (1/3) if any of the following circumstances concurs:

• 1)

  The life or health of the victim is placed in danger, without prejudice to the penalties that correspond for injuries or deaths caused;

• 2)

  The victim is especially vulnerable due to age, situation, illness, or limited intellectual or physical development and in all cases when he or she is under six (6) years of age;

• 3)

  The conduct is particularly degrading or humiliating for the victim; or,

• 4)

  The facts are carried out within the framework of an organized criminal group. The penalties may be increased by up to two thirds (2/3) when two (2) or more circumstances provided for in this article concur.

PRODUCTION AND USE OF CHILD PORNOGRAPHY. The production, sale, distribution or dissemination of pornographic material in the production of which minors under eighteen (18) years of age or persons with disabilities in need of protection have been used, shall be punished with a sentence of imprisonment of four (4) to six (6) years and a fine of one hundred (100) to five hundred (500) days, without prejudice to those that must be imposed, in addition, for the criminal acts committed to produce the pornographic material. The possession of such pornographic material shall be punished: 1) With the same penalties, if possession is for the sale, distribution or dissemination of the pornographic material; and, 2) With penalties reduced by two thirds (2/3), if possession is for the person's own consumption. The penalties provided for in the preceding paragraphs shall be increased by one third (1/3) when any of the following circumstances concurs:

• 1)

  The victim is especially vulnerable due to age, situation, illness, or limited intellectual or physical development and in all cases when he or she is under six (6) years of age;

• 2)

  The pornographic material reflects an image particularly degrading or humiliating for the victim; or,

• 3)

  The facts are carried out within the framework of an organized criminal group.

CONCEPT OF CHILD PORNOGRAPHY. For the purposes of this chapter, child pornography is understood to be any audiovisual material that, for the purpose of sexual gratification, depicts any kind of sexual acts or sexually explicit conduct, performed by minors under eighteen (18) years of age with other persons, whether of legal age or minors, or with themselves, as well as the depiction of their sexual organs or, eventually, of other parts of their body in a sexual context. For the audiovisual material to be considered child pornography, it is necessary that the images or voices of the children be at least partially real, regardless of whether or not they have actually participated in the pornographic activity in question. For the purposes of this definition, persons with disabilities in need of special protection shall be equated to minors under eighteen (18) years of age.

LIABILITY OF LEGAL PERSONS. When according to the provisions of Article 102 of this Code, a legal person is liable for the crimes included in this chapter, it must be imposed the penalty of dissolution of the legal person or a fine of one thousand (1000) to two thousand (2000) days. In the latter case, additionally one or more of the following sanctions may be imposed:

• 1)

  Suspension of the specific activities in which the crime was committed, for a period that cannot exceed five (5) years;

• 2)

  Closure of the premises and establishments that were used for the commission of the crime, for a period that cannot exceed five (5) years;

• 3)

  Prohibition from carrying out in the future the specific activities in the exercise of which the crime has been committed, favored or concealed; and,

• 4)

  Disqualification from obtaining subsidies and public aid, from contracting with the public sector and from enjoying tax benefits and incentives or Social Security benefits, for a period that cannot exceed fifteen (15) years. CHAPTER III CRIMES OF INDECENT EXPOSURE AND SEXUAL PROVOCATION

INDECENT EXPOSURE. Whoever commits or causes other persons to commit acts of sexual indecent exposure before minors under eighteen (18) years of age or persons with disabilities in need of special protection that may seriously affect the normal development of their sexuality, shall be punished with a sentence of imprisonment of one (

• 1)

  to two (

• 2)

  years; if they are minors under fourteen (14) years of age, the sentence of imprisonment shall be two (2) to three (

• 3)

  years. The same penalties shall be imposed, in the respective cases, on whoever being able and obliged to prevent it does not prevent the entry or stay of minors under eighteen (18) years of age or persons with disabilities in need of special protection in places or establishments where acts of sexual indecent exposure are practiced.

SEXUAL PROVOCATION. Whoever by any direct means sells, distributes or exhibits among minors under eighteen (18) years of age or persons with disabilities in need of special protection, pornographic material that may seriously affect the normal development of their sexuality, shall be punished with a sentence of community service or service to victims of six (6) months to two (2) years and a fine of two hundred (200) to five hundred (500) days. CHAPTER IV COMMON PROVISIONS

ERROR. In crimes included in the three (3) preceding chapters, the penalty to be imposed on the responsible party shall be reduced by one half in those cases in which the latter has acted with excusable error regarding the age, degree of kinship, personal capacities of the passive subject or their situation.

DEPRIVATIVE PENALTIES OF RIGHTS, SECURITY MEASURES AND SPECIAL CIVIL PRONOUNCEMENTS. Those convicted for crimes included in this title must be imposed, in addition to the principal penalties that in each case correspond, the following:

• 1)

  The penalties of special disqualification from the exercise of the profession, occupation, commerce or industry which those responsible have used for the commission of the facts for double the duration of the sentence, being able to reach, in the case of parental authority, guardianship, curatorship or custody, their definitive deprivation. If the author or participant in the crime is a public official or employee, the penalty of absolute disqualification must be additionally imposed for double the duration of the sentence.

• 2)

  The measure of supervised release, which must be executed subsequent to the deprivative liberty penalty, with a duration of: a) Up to ten (10) years, when the imprisonment penalty imposed exceeds five (5) years; and, b) Up to five (5) years, in the remaining cases.

• 3)

  The penalties of prohibition of residence and proximity to the victim for double the duration of the sentence;

• 4)

  The civil pronouncements that are appropriate regarding filiation and establishment of alimony, independently of what must be declared regarding civil liability arising from the crime. The recognition of the conceived child as a consequence of the illicit sexual relationship must not proceed in case of opposition by the mother; and,

• 5)

  The execution courts must maintain a registry of sexual offenders in which the data of persons who have been convicted for any of the crimes contained in this title are entered.

PROSECUTABILITY. The crimes contemplated in this title must be prosecuted prior to the filing of a complaint by the aggrieved person or their legal representative, except for rape, sexual assaults, incest and those related to sexual exploitation, which shall be prosecuted ex officio. If the victim is a minor or a person with disabilities in need of special protection or is helpless, the action is in all cases public and prosecuted by the Public Ministry (MP). The forgiveness of the victim or their legal representative does not extinguish the penal action or the responsibility of that nature.

INTERNATIONAL RECIDIVISM. A conviction by a foreign Judicial Body, imposed for crimes included in this title that affect children or persons with disabilities, produces the effects of recidivism, except that the criminal records have been cancelled or could have been cancelled in accordance with Honduran law. TITLE X CRIMES AGAINST THE INVIOLABILITY OF THE HOME AND PRIVACY CHAPTER I CRIMES AGAINST THE INVIOLABILITY OF THE HOME

TRESPASSING OF HOME. The individual who enters another's home against the will of its resident or remains in it despite being requested to abandon it, shall be punished with a sentence of imprisonment of six (6) months to two (2) years. When the conduct described in the preceding paragraph is carried out to enter or remain, against the will of its owner, in the home of legal persons, professional offices, offices or public service establishments outside of opening hours, the penalty indicated in the preceding paragraph shall be applied reduced by one third (1/3). If the facts described in the preceding paragraphs are executed with violence, intimidation or simulation of authority or of public functions, the penalty shall be two (2) to four (4) years of imprisonment.

SEARCH BY PUBLIC OFFICIAL OR EMPLOYEE. The public official or employee who, without the formalities prescribed by Law or outside the cases that it determines, commits any of the acts described in the preceding provision, must be punished with the penalties of imprisonment of three (3) to five (5) years and special disqualification for twice the duration of the imprisonment.

DISCOVERY AND REVELATION OF SECRETS. Must be punished with the penalties of imprisonment of one (1) to three (3) years and a fine of three hundred sixty (360) to seven hundred twenty (720) days, whoever, in order to know the secrets or violate the privacy of another and without their consent, carries out any of the following conducts:

• 1)

  Accesses, by any means, their documents, papers, data, information in any format or personal effects;

• 2)

  Intercepts their telecommunications; or,

• 3)

  Uses technical devices for listening, transmission, recording or reproduction of sound, image or sequence of images. Must be punished with the penalties of two (2) to three (3) years imprisonment and a fine of three hundred sixty (360) to seven hundred twenty (720) days whoever, to the detriment of third parties and without being authorized, accesses, seizes, alters or uses personal data incorporated into files, media, computer registers, electronic, telematic or any other type of archive or public or private register. Whoever discloses, reveals or cedes to third parties the secrets or images captured in accordance with the preceding paragraphs, must be punished with the penalties of imprisonment of two (2) to four (4) years and a fine of three hundred sixty (360) to one thousand (1,000) days. Must be punished with the penalty of imprisonment of six (6) months to one (1) year and a fine of one hundred (100) to five hundred (500) days whoever, not having participated in its discovery but knowing of its illicit origin, carries out the conduct set forth in the preceding paragraph. Whoever without authorization discloses intimate images of another obtained with their consent, must be punished with the penalties of imprisonment of one (1) to three (3) years and a fine of ninety (90) to one thousand (1,000) days.

RESPONSIBILITY OF THE PUBLIC OFFICIAL OR EMPLOYEE. The public official or employee who, taking advantage of their office, outside the cases permitted by Law and without committing a crime, commits any of the conducts described in the preceding article, must be punished with the penalties provided in those crimes, increased by two-thirds (2/3).

REVELATION OF PROFESSIONAL SECRET. Whoever reveals another's secret of which they have knowledge by reason of their profession or employment relationship, must be punished with the penalties of imprisonment of six (6) months to one (1) year and a fine of one hundred (100) to five hundred (500) days. The professional who, in breach of their obligation to maintain secrecy or confidentiality, divulges another's secrets must be punished with the penalties of imprisonment of one (1) to three (3) years and a fine of three hundred sixty (360) to six hundred (600) days.

RESPONSIBILITY OF LEGAL PERSONS. When in accordance with the provisions of Article 102 of this Code a legal person is responsible for the crimes included in this chapter, the penalty of suspension of its activities for one (1) to three (3) years or a fine of three hundred (300) to five hundred (500) days must be imposed.

SPECIFIC AGGRAVATING CIRCUMSTANCES. The penalties of the preceding articles must be increased by one-third (1/3), when the following circumstances concur:

• 1)

  The conduct is carried out by persons in charge of or responsible for the files, computer media, archives or registers;

• 2)

  It affects personal data that reveal ideology, religion, beliefs, health, racial origin or sexual life;

• 3)

  The victim is a minor under eighteen (18) years of age or a person with a disability in need of special protection; or,

• 4)

  The acts are carried out for lucrative purposes.

COMMON PROVISIONS. In all cases provided for in this chapter, if the act is carried out, in whole or in part and under any degree of participation, by a public official or employee or professional with abuse of their functions, the penalty of special disqualification from public office or position, profession, trade, industry or commerce must be imposed in addition to the corresponding penalty, for twice the duration of the penalty established in the crime incurred. To proceed for the crimes provided for in this chapter, a complaint by the injured party or their legal representative is required. If the injured party is a minor or a person with a disability in need of special protection, the facts may also be reported ex officio by the Public Ministry (MP). The complaint of the injured party required in the preceding paragraph is not necessary when the acts are committed by a public official or employee in the exercise of their office or when they affect the general interests or a plurality of persons. In this case, the complaint may be initiated ex officio by the Public Ministry (MP). The forgiveness of the offended party or their legal representative shall extinguish the criminal action for the crimes provided for in this chapter, without prejudice to the provisions of Article 109 of this Code.

BIGAMY. Whoever contracts marriage, has a legally recognized common-law union, while the previous ones legally subsist, must be punished with the penalties of provision of services of public utility or to the victims of one (1) to three (3) years or a fine of one hundred fifty (150) to three hundred (300) days. The same penalty must be imposed on whoever, not being married, contracts marriage with a married person knowing of such circumstance.

CELEBRATION OF INVALID MARRIAGE. Whoever, with knowledge of its invalidity, contracts marriage, must be punished with the penalty of provision of services of public utility or to the victims of six (6) months to one (1) year, or a fine of one hundred fifty (150) to three hundred (300) days. Whoever commits the acts described in the preceding paragraph must be exempt from punishment if the marriage were subsequently validated.

AUTHORIZATION OF INVALID MARRIAGE. Whoever authorizes marriage prohibited by Law or without the concurrence of the necessary requirements for its validity, must be punished with the penalty of provision of services of public utility or to the victims of eight (8) months to one (1) year or a fine of two hundred (200) to five hundred (500) days. If these acts are carried out by professionals, a public official or employee, the penalty of special disqualification from public employment or office or for the exercise of the profession must be imposed in addition, for a period of two (2) to four (4) years. The preceding penalties must be reduced by one-fourth (1/4) when the cause of nullity were dispensable.

FALSE REPRESENTATION OF CHILDBIRTH AND CONCEALMENT OR SUBSTITUTION OF MINOR. Whoever simulates childbirth must be punished with the penalty of imprisonment of six (6) months to three (3) years. Whoever conceals or delivers a minor to third parties to alter or modify their filiation, must be punished with the penalty provided in the preceding paragraph. Whoever substitutes one minor for another, must be punished with the penalty of imprisonment of three (3) to six (6) years. The person responsible for the identification and custody of minors in a health facility, educational or similar center, who through gross negligence permits that one minor be substituted for another, must be punished with the penalty of imprisonment of six (6) months to one (1) year.

FRAUDULENT ADOPTION, FOSTERING OR GUARDIANSHIP. Whoever, by means of economic compensation, places a minor in adoption, fostering or guardianship without complying with the legal requirements, even when the delivery of the minor is made in another country, must be punished with the penalty of imprisonment of four (4) to six (6) years. The penalty provided in the preceding paragraph increased by one-third (1/3) must be imposed on the person who receives the minor, as well as on the intermediary in these acts.

COMMON PROVISIONS. If the acts described in the preceding articles are committed by ascendants, they may be punished, in addition, with the penalty of special disqualification from the exercise of the right of parental authority of four (4) to eight (8) years, with respect to the minor delivered. If they are committed by an educator, religious, physician, midwife or nurse, nursing staff or any other professional in the exercise of their functions, public official or employee, the penalty of special disqualification from profession, office or public position may be imposed in addition, for twice the duration of the imprisonment penalty. If the acts described in the preceding provisions occur in health facilities, daycare centers, schools or other places or establishments where children are received or cared for, the temporary or permanent closure of these establishments may be ordered. Temporary closure may not exceed five (5) years. If the acts described in the preceding provisions are carried out within the scope of an organized criminal group, the penalties provided in this chapter must be increased by one-third (1/3).

NON-PRESENTATION OR DELIVERY OF MINORS OR PERSONS WITH DISABILITY. Whoever, being in charge of a minor or person with disability in need of special protection, does not present them to their parents or guardians when required by them, without offering reasonable explanation for their disappearance, must be punished with the penalty of imprisonment of six (6) months to two (2) years, unless the act is punished with a greater penalty in another provision of this Code.

INDUCEMENT TO ABANDONMENT OF HOME. Whoever induces a minor under eighteen (18) years of age or a person with disability to abandon the family home or place where with the authorization of their parents, guardians or caretakers they have established residence, must be punished with the penalty of imprisonment of six (6) months to two (2) years.

ABDUCTION OF MINORS OR DISABLED PERSONS IN NEED OF SPECIAL PROTECTION. The parent who transfers, in breach of a judicial ruling relating to custody, his or her child under eighteen (18) years of age or a person with a disability from his or her place of residence without the consent of the parent with whom the child habitually lives, or of the person or institution to whom his or her guardianship or custody was entrusted, shall be punished with a sentence of three (3) to six (6) years imprisonment. The parent who retains or conceals a minor or person with a disability in need of special protection, seriously breaching the duty established by judicial ruling, shall incur the same penalty. The penalties in the preceding paragraphs shall be aggravated by one-third (1/3) when the transfer of children under eighteen (18) years of age or persons with a disability takes place outside the country or when a condition is imposed for their restitution.

SPECIFIC MITIGATING CIRCUMSTANCE. The penalties provided for the conduct described in the preceding article shall be reduced by one-third (1/3) in the event of restitution of the minor or person with a disability to his or her domicile or residence, or to a known and safe place, within the first seventy-two (72) hours of the abduction, provided the person has not suffered harm to his or her health, physical integrity, or sexual integrity. This period shall be calculated from the date of the report of the abduction.

FAILURE TO FULFILL THE DUTY OF ASSISTANCE AND SUPPORT. Whoever fails to fulfill the legal duties of assistance inherent to parental authority, guardianship, custody, or family placement, shall be punished with the penalty of community service or service to victims of six (6) to twelve (12) months or a fine of one hundred eighty (180) to three hundred sixty (360) days. With the same penalty shall be punished whoever fails to provide the assistance legally required for the support of his or her descendants, ascendants, or spouses who are in need. Whoever, after having been formally notified and having placed the victim in a state of abandonment, fails to pay alimony or any other financial support legally established or pursuant to agreement or judicial ruling approved or agreed upon in a legal separation, divorce, or annulment proceeding, shall be punished with the penalty of imprisonment of one (1) to three (3) years or community service or service to victims of one (1) to two (2) years or a fine of three hundred sixty (360) to seven hundred twenty (720) days, or disqualification from public office or position for five (5) years. Exemption from penalty shall apply to whoever pays the alimony owed and provides reasonable security, in the judgment of the competent Judicial Body, of future compliance with his or her obligations, prior to the issuance of the corresponding judgment, provided that this is the first time such duty has been breached. The crimes provided for in this article shall only be prosecuted upon report by the aggrieved person or his or her legal representative. The Public Ministry (MP) may also report when it concerns a minor or person with a disability.

DOMESTIC VIOLENCE. Whoever exercises physical or psychological violence against his or her spouse, a person with whom he or she has a recognized consensual union, or a person with whom he or she maintains or has maintained a stable relationship of similar nature to the aforementioned even without cohabitation, or against his or her descendants, ascendants, or siblings by nature, adoption, or by affinity, whether such persons are relatives of the spouse or cohabitant, shall be punished with sentences of imprisonment of six (6) months to one (1) year and a fine of one hundred (100) to two hundred (200) days or community service to victims for the same period. The penalty shall be aggravated by one-third (1/3) when the violence is committed with any of the following circumstances:

• 1)

  Against a victim especially vulnerable due to age or a person with a disability;

• 2)

  In the presence of minors;

• 3)

  Using weapons or dangerous instruments; or,

• 4)

  In the victim's domicile. When two (2) or more of the preceding circumstances concur, the superior penalty shall be imposed increased by two-thirds (2/3). Whoever habitually exercises physical or psychological violence against any of the subjects mentioned in the first paragraph of this article shall be punished with sentences of imprisonment of one (1) to two (2) years. The penalty shall be increased by one-third (1/3) if, in the commission of one or several acts of violence, any of the circumstances described in the second paragraph of this article have concurred; if two (2) or more circumstances concur, the penalty shall be increased by two-thirds (2/3). To assess the habituality referred to in the preceding paragraph, attention shall be given to the number and temporal proximity of the violent acts that are established, regardless of whether they have affected the same or various victims and whether the violent acts have been or have not been subject to prosecution in previous proceedings. The provisions in the preceding paragraphs shall apply unless the act is punished with a greater penalty in another provision of this Code and in particular in cases of violence against women.

COMMON PROVISION. The competent Judicial Body, in the crimes described in this chapter, may impose in its judgments one or several of the prohibitions provided for in Article 52 of this Code for a period not to exceed five (5) years.

CRIME AGAINST WORKER SAFETY. Whoever endangers seriously the life or health and physical integrity of workers by not providing them with the necessary security and hygiene measures to perform their work, shall be punished with the penalty of imprisonment of six (6) months to two (2) years, without prejudice to the penalty that could correspond for any harmful results caused.

ILLICIT LABOR EXPLOITATION. Whoever, through deception or abuse of a situation of necessity, prejudices, eliminates, or restricts the rights that workers have legally recognized in public or private employment, shall be punished with the penalty of imprisonment of one (1) to three (3) years and a fine of one hundred (100) to three hundred (300) days. The penalties shall be increased by one-fourth (1/4) when violence or intimidation has been used.

CHILD LABOR EXPLOITATION. If the conduct described in the two preceding articles is carried out against minors under eighteen (18) years of age, the facts shall be punished with the penalties provided in the respective cases increased by one-third (1/3), and if the minors are under sixteen (16) years of age with the penalties increased by two-thirds (2/3).

VERTICAL WORKPLACE HARASSMENT. Whoever, in the context of any labor relationship and taking advantage of a superior position, carries out reiteratively against another person hostile or derogatory acts that, without individually constituting degrading treatment, cause to the victim an objective and seriously humiliating situation in the corresponding sphere of relationship, shall be punished with the penalties of home confinement of six (6) months to one (1) year and special disqualification for twice the duration of the imprisonment sentence.

CRIME OF LABOR DISCRIMINATION. Whoever commits serious discrimination in employment, public or private, against any person for holding the legal or union representation of workers, for reasons of ideology, religion or beliefs, language, membership in an ethnic group or race, national origin, indigenous or Afro-descendant people, place of residence, sex, sexual orientation, gender identity, gender-based reasons, marital status, family or economic situation, age, illness, disability, or pregnancy, shall be punished with the penalties of imprisonment of one (1) to two (2) years and a fine of one hundred (100) to two hundred (200) days. If the guilty party is a public official, he or she shall also be imposed the penalty of special disqualification from public office or position for twice the duration of the imprisonment sentence; in other cases, disqualification from profession, occupation, industry, or commerce shall be applied for the same period of time.

RESPONSIBILITY OF LEGAL ENTITIES. When, in accordance with the provisions of Article 102, a legal entity is responsible for the facts provided for in this title, with the exception of those referred to in Article 294, it shall be imposed the penalty of a fine of five hundred (500) to one thousand (1,000) days.

ILLICIT TRAFFICKING IN PERSONS. Whoever, for the purpose of obtaining, directly or indirectly, economic gain or other material benefit, promotes, facilitates, or aids the illegal trafficking or clandestine immigration of persons from, in transit through, or destined to Honduras or to another country, in violation of legislation concerning entry, stay, transit, or departure of persons, shall be punished with sentences of imprisonment of four (4) to six (6) years and a fine of one hundred (100) to three hundred (300) days. If the preceding acts are carried out as part of an organized criminal group, the penalties to be imposed shall be imprisonment of six (6) to eight (8) years and a fine of two hundred (200) to five hundred (500) days. If the crime is committed by a public official or employee in the performance of his or her duties, the imprisonment penalty shall be increased by one-third (1/3) and, in addition, absolute disqualification of fifteen (15) to twenty (20) years shall be imposed.

ILLEGAL MANUFACTURE AND TRADE IN MEDICINES. Whoever manufactures, produces, processes, imports, exports, supplies, dispenses, intermediates, commercializes, offers, places on the market through radio, written, or television media, or stores with these purposes, medicines or pharmaceutical drugs, including those for human and veterinary use, as well as medicines or pharmaceutical drugs under investigation, that lack the necessary authorization required by law, or health products that do not have the conformity documents required by general provisions, or that are deteriorated, expired, or fail to comply with technical requirements relating to their composition, stability, and efficacy and thereby generate a risk to life or serious danger to the health of persons, shall be punished with the penalty of imprisonment of four (4) to six (6) years and a fine of one hundred (100) to three hundred (300) days.

IMITATION OF FOODS, PRODUCTS, OR SUBSTANCES. Whoever manufactures, produces, processes, imports, exports, supplies, dispenses, intermediates, commercializes, offers, or places on the market a medicine or pharmaceutical drug, including those for human and veterinary use, as well as medicines under investigation, an active substance, an excipient of such medicine, or a health product, as well as the accessories, elements, or materials that are essential for its integrity, in such a way as to deceptively present its identity or nature, including, if applicable, the packaging and labeling, the expiration date, the name or composition of any of its components or their dosification, its origin, including the manufacturer, the country of manufacture, the country of origin, and the holder of the marketing authorization or conformity documents, data relating to compliance with legal requirements, licenses, conformity documents, or authorizations, or its history, including records and documents relating to the distribution channels used, provided that they are intended for public consumption, for use by third parties, and generate a risk to life or serious danger to the health of persons, shall be punished with the penalty of imprisonment of five (5) to seven (7) years and a fine of one hundred (100) to three hundred (300) days. The same penalties shall be imposed on whoever alters, in manufacturing, processing, or at a later time, the quantity, the dose, the expiration date, or the genuine composition, as authorized or declared, of any of the medicines, pharmaceutical drugs, excipients, health products, accessories, elements, or materials mentioned in the preceding paragraph, or adulterates them in such a way as to reduce their safety, efficacy, or quality, generating a risk to life or health of persons.

DOPING CRIME. Whoever, without therapeutic justification, prescribes, provides, dispenses, supplies, administers, offers, or facilitates to non-competitive federated athletes, non-federated athletes who practice sport for recreation, or athletes who participate in competitions organized in Honduras by sports entities, prohibited substances or pharmacological groups, as well as non-regulatory methods intended to increase their physical capacities or to modify the results of competitions, that by their content, reiteration of ingestion, or other concurrent circumstances, endanger the life or health of such persons, shall be punished with the penalties of imprisonment of six (6) months to three (3) years and a fine of three hundred (300) to five hundred (500) days. The penalties provided for in the preceding paragraph shall be imposed increased by one-third (1/3) when the crime is perpetrated with any of the following circumstances: 1) Use of violence, deception, or intimidation; or, 2) The responsible party avails himself or herself of a relationship of labor or professional superiority.

UNAUTHORIZED ELABORATION OF HARMFUL SUBSTANCES. Whoever, outside the cases included in the preceding articles and without being duly authorized, elaborates harmful substances for health or chemical products that may cause damage and dispatches, supplies or trades with them, shall be punished with imprisonment from six (6) months to three (3) years and a fine from one hundred eighty (180) to three hundred sixty (360) days.

ILLEGAL DISPATCH OR SUPPLY OF HARMFUL SUBSTANCES. Whoever, being authorized for the trafficking of the substances or products referred to in the preceding article, dispatches or supplies them without complying with the formalities provided for in the respective laws and regulations, shall be punished with a fine from one hundred eighty (180) to three hundred sixty (360) days.

FALSIFICATION OF MANDATORY DOCUMENTATION IN THE COMMERCIALIZATION OF MEDICATIONS. Whoever elaborates any false document or of false content referred to any of the medications or pharmaceutical drugs, active substances, excipients, sanitary products, accessories, elements or materials referred to in the preceding articles, including their container, labeling and manner of use, to commit or facilitate the commission of one of the crimes provided for in said provisions, shall be punished with imprisonment from one (1) to three (3) years and a fine from one hundred (100) to two hundred (200) days.

SPECIFIC AGGRAVATING CIRCUMSTANCES. The corresponding penalties shall be imposed increased by one third (1/3) when the crime is committed concurring with any of the following circumstances:

• 1)

  The culprit is an authority, public official or employee, healthcare professional, health professional, teacher, educator, physical trainer or sports trainer and acts in the exercise of their office, profession or trade;

• 2)

  The medications or pharmaceutical drugs, active substances, excipients, sanitary products, accessories, elements or materials referred to when the following circumstances occur: a) They have been offered through large-scale dissemination media whether radial, television, written or digital. b) They have been offered or provided to minors, persons with disabilities, or persons especially vulnerable in relation to the product provided.

• 3)

  The acts have been carried out in public or private establishments by those responsible or employees thereof. CHAPTER II CRIMES RELATED TO FOODS OR PRODUCTS INTENDED FOR CONSUMPTION

ADULTERATION OF DRINKING WATER AND FOODS. Whoever adulterates with infectious substances or others that may be seriously harmful to health, drinking water or water sources intended for human consumption or food substances intended for public use or for the consumption of a group of persons, shall be punished with imprisonment from three (3) to six (6) years and a fine from one hundred (100) to three hundred (300) days, unless the act is punished with a greater penalty in another provision of this Code and without prejudice to those that correspond for crimes committed against life, bodily integrity or physical or psychological health.

DANGEROUS SUPPLY OF SUBSTANCES. Shall be punished with imprisonment from two (2) to four (4) years whoever:

• 1)

  Supplies to animals or vegetables intended for human consumption, substances not permitted or in the case of permitted ones, does so in doses higher than those regulated or for purposes other than those authorized that generate in all cases risk to the health of persons;

• 2)

  In the elaboration of foods employs materials, products or by-products that contain strange, decomposed or toxic substances, with danger to the life or health of persons; or,

• 3)

  Industrializes for human consumption meat or by-products of animals affected by diseases directly or indirectly transmissible to persons, or treated with dangerous substances or whose dissemination generates danger to the life or health of persons.

PROPAGATION OF EPIDEMICS AND INFECTIOUS-CONTAGIOUS DISEASES. Whoever causes, introduces or propagates a human epidemic through the dissemination of pathogenic agents or germs, shall be punished with imprisonment from six (6) to ten (10) years and a fine from three hundred (300) to five hundred (500) days. With the same penalties shall be punished whoever introduces or propagates a human epidemic violating the measures previously imposed by the competent authorities to prevent it. When it comes to the introduction or propagation of a plague that endangers health, the imprisonment penalty shall be from three (3) to five (5) years and a fine from three hundred (300) to five hundred (500) days. With the same penalty shall be punished whoever causes, introduces or propagates an epidemic in animals intended for human consumption. CHAPTER III COMMON PROVISIONS

DISQUALIFICATION. In the crimes regulated in the two (2) preceding chapters, the penalty of special disqualification for profession, trade, industry or commerce shall be imposed, in addition, for twice the duration of the imprisonment penalty.

LIABILITY OF LEGAL ENTITIES. When, in accordance with the provisions established in Article 102 of this Code, a legal entity is liable for the crimes included in the two (2) preceding chapters, it shall be imposed a fine in an amount equal to or up to ten (10) times the benefit obtained or intended. Additionally, one of the following sanctions may be imposed:

• 1)

  Suspension of the activities in which the crime was committed, for a period that may not exceed five (5) years;

• 2)

  Closure of the premises and establishments that were used for the commission of the crime, for a period that may not exceed five (5) years;

• 3)

  Prohibition of carrying out in the future the activities in whose exercise the crime has been committed, favored or concealed;

• 4)

  Disqualification from obtaining subsidies and public assistance, from contracting with the public sector and from enjoying benefits and tax incentives or Social Security, for a period that may not exceed (15) fifteen years.

RECKLESS CRIME AGAINST PUBLIC HEALTH AND SPECIFIC AGGRAVATING CIRCUMSTANCE. The crimes regulated in the two preceding chapters that are committed through gross negligence shall be punished with the penalties provided in the preceding articles reduced by one third (1/3). When the crimes referred to in the two preceding chapters are committed by a public employee or official, they shall be punished with the penalties provided for each one of them increased by one third (1/3). CHAPTER IV CRIMES OF DRUG TRAFFICKING AND PRECURSORS

DRUG TRAFFICKING. Whoever carries out acts of planting, cultivation, harvest, elaboration, commerce, transport, trafficking or in any way promotes, favors or facilitates the illegal consumption of toxic drugs, narcotics or psychotropic substances or possesses them for those purposes, shall be punished with imprisonment from four (4) to seven (7) years if it is drugs that do not cause serious harm to health and from seven (7) to ten (10) years in other cases. In both cases, a fine from one hundred (100) to five hundred (500) days shall be imposed, in addition. The imprisonment penalties to be imposed must be, in each of the cases of the preceding paragraph, from one (1) to three (3) years or from two (2) to five (5) years of imprisonment, when from the circumstances of the fact and the personal circumstances of the culprit, a lesser gravity can be inferred. This rule cannot be used if any of the aggravating circumstances contemplated in the following article concurs.

SPECIFIC AGGRAVATING CIRCUMSTANCES OF DRUG TRAFFICKING. In the case of the first paragraph of the preceding article, the imprisonment penalties from ten (10) to fifteen (15) years and a fine from three hundred (300) to five hundred (500) days shall be imposed, if any of the following circumstances concurs:

• 1)

  The substances object of the crime are provided to minors under eighteen (18) years of age, persons with disabilities or persons undergoing rehabilitation and detoxification treatment, or are used for the trafficking activity;

• 2)

  The culprit takes advantage of their public character or their involvement in the area of health sciences for the commission of the act;

• 3)

  The crime is committed within the scope of an organized criminal group;

• 4)

  The act may place in serious danger the life or health of the victim, as a consequence of the purity of the substance, its adulteration, mixture, manipulation or any other circumstance controlled by the culprit;

• 5)

  The quantity object of the crime is of special importance;

• 6)

  The conduct is directed to military units, police, penitentiary or detention establishments, detoxification or rehabilitation educational facilities;

• 7)

  Extraordinary means of transport are used;

• 8)

  Violence, intimidation or weapons are employed in the commission of the act; or,

• 9)

  The conduct is directed to international trafficking. If the circumstance of numeral 3) concurs together with those provided for in numerals 5) or 7), the imprisonment penalties shall be increased by one third (1/3).

SPECIFIC MITIGATING CIRCUMSTANCES OF DRUG TRAFFICKING. The penalties of the first paragraph of Article 311 and those of Article 312 of this Code shall be reduced by one third (1/3) if any of the following circumstances concurs:

• 1)

  The confession of the drug trafficking activities in which the culprit has participated and the consequent contribution or obtaining of evidence;

• 2)

  Collaboration with the authorities to prevent the commission of drug trafficking crimes or to mitigate their effects, or collaboration to contribute or obtain evidence of others already committed;

• 3)

  Collaboration with the authorities for the identification, prosecution and processing of those responsible for the commission of drug trafficking crimes; or,

• 4)

  The carrying out of activities aimed at depriving the criminal organization of means and resources predisposed to contribute to its criminal activity or of the benefits obtained from it.

TRAFFICKING OF PRECURSORS. Whoever finances, manufactures, elaborates, traffics or distributes equipment, materials or substances destined for the illicit cultivation or elaboration of toxic drugs, narcotics or psychotropic substances, or possesses them with those purposes, shall be punished with imprisonment from four (4) to six (6) years and a fine from one hundred (100) to three hundred (300) days.

SPECIFIC AGGRAVATING CIRCUMSTANCES OF PRECURSOR TRAFFICKING. The punishment of imprisonment from six (6) to ten (10) years and a fine from one hundred (100) to five hundred (500) days shall be imposed if any of the circumstances contemplated in Article 312 of this Code concurs, or if the culprit, being administratively authorized for the possession and commerce of precursors, diverted them for illicit purposes.

SPECIFIC MITIGATING CIRCUMSTANCES FOR PRECURSOR TRAFFICKING. A sentence of one (1) to three (3) years imprisonment and a fine of fifty (50) to one hundred (100) days shall be imposed if any of the circumstances contemplated in Article 313 of this Code concur.

RESPONSIBILITY OF LEGAL ENTITIES. When in accordance with the provisions of Article 102 of this Code a legal entity is responsible for crimes of drug or precursor trafficking, it shall be imposed the penalty of dissolution of the legal entity or a fine of five hundred (500) to one thousand (1,000) days. In the latter case, additionally, one or more of the following sanctions may be imposed:

• 1)

  Suspension of the specific activities in which the crime was committed, for a period not exceeding five (5) years;

• 2)

  Closure of the premises and establishments that were used to commit the crime, for a period not exceeding five (5) years;

• 3)

  Prohibition of carrying out in the future the specific activities in the exercise of which the crime has been committed, favored or concealed; and,

• 4)

  Disqualification from obtaining subsidies and public aid, from contracting with the public sector, and from enjoying tax benefits and incentives or Social Security benefits, for a period not exceeding fifteen (15) years.

PUNISHABILITY OF PREPARATORY ACTS. Conspiracy, proposition or provocation to the commission of drug trafficking crimes shall be punished with the corresponding sentence of imprisonment reduced by one-third (1/3).

PENALTIES DEPRIVING OF RIGHTS. A sentence of special disqualification from public office or employment, profession or occupation, industry or commerce of five (5) to fifteen (15) years shall be imposed on those who make use of the exercise of these to commit the crime.

INTERNATIONAL RECIDIVISM. A sentence imposed by a foreign Judicial Body for crimes of drug or precursor trafficking produces the effects of recidivism, unless the criminal records have been cancelled or could have been cancelled in accordance with Honduran law.

DEFINITIONS. By drug, narcotic or psychotropic substance is meant any of the substances included in Lists I, II and IV of the Single Convention and its United Nations Protocols on narcotics, made in New York in 1961 and in Lists I, II, III and IV of the Convention and its United Nations Protocols on psychotropic substances, made in Vienna on February 21, 1971. It is understood that derivatives of Indian or American hemp or cannabis sativa do not cause serious harm to health. The rest of the drugs included in the lists referred to in the previous paragraph shall be considered to cause serious harm to health for the purposes of this Code. By quantity of special importance the following are understood:

• 1)

  ten thousand (10,000) grams of marijuana,

• 2)

  one thousand (1,000) grams of hashish,

• 3)

  two thousand (2,000) grams of cocaine or alkaloid derived from cocaine,

• 4)

  sixty (60) grams of opium or its derivatives, or 5) two hundred (200) grams of synthetic drug or four hundred (400) milliliters when the synthetic drug is found in solution. By precursors are meant the substances listed in Tables I and II of the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, made in Vienna on December 20, 1988.

CRITERION FOR DETERMINATION OF THE QUANTITY OF DRUG APPREHENDED. For the purposes of determining the quantity of drug apprehended, except in the case of cannabis, the quantity of active principle is taken into account, if the nature of the drug or its presentation permits it. TITLE XV CRIMES AGAINST ROAD SAFETY

RECKLESS DRIVING. Whoever drives a motor vehicle with manifest recklessness and places in concrete danger the life or physical integrity of persons shall be punished with sentences of imprisonment of six (6) months to three (3) years and deprivation of the right to drive motor vehicles for a period of one (1) to six (6) years. For the purposes of this article, it is understood that reckless driving includes:

• 1)

  Driving exceeding by more than half the speed limit permitted by regulation for each type of road;

• 2)

  Driving under the influence of toxic drugs, psychotropic substances or alcoholic beverages; or,

• 3)

  Driving with complete disregard for the most basic rules of road traffic. TITLE XVI CRIMES AGAINST THE ENVIRONMENT CHAPTER I CRIMES AGAINST ECOSYSTEM BALANCE

CONTAMINATION OF AIR, WATER OR SOILS. Whoever, in violation of environmental protection legislation, carries out contaminating activities that affect the atmosphere, marine waters, inland waters, soil or subsoil and thereby places in grave danger the balance of an ecosystem, shall be punished with sentences of imprisonment of three (3) to six (6) years and a fine of three hundred (300) to six hundred (600) days.

ILLEGAL EXPLOITATION OF NATURAL RESOURCES. Whoever, in violation of environmental protection provisions, carries out activities of capture, extraction or illegal exploitation of water resources, forests, minerals or fossil fuels, in such a way as to place in grave danger the balance of an ecosystem, shall be punished with sentences of imprisonment of three (3) to six (6) years and a fine of three hundred (300) to six hundred (600) days. The sentences to be imposed shall be increased by one-third (1/3) if the foregoing conduct is carried out through the use of polluting means or techniques. For the purposes of this article, exploitation is considered any activity intended to obtain profit from a resource, including storage, industrialization, commercialization and transfer of the product or by-product derived from the exploitation.

ILLEGAL HANDLING OF HAZARDOUS WASTE. Whoever eliminates, manages, commercializes or transfers hazardous waste in violation of the legal controls established for transboundary movements of these substances and their elimination in such a way as to be able to seriously harm the balance of an ecosystem, shall be punished with the sentences provided in the previous article, in their respective cases.

FOREST FIRE. Whoever causes a fire in forest land, wooded areas or in a plant zone protected for its ecological value shall be punished with sentences of imprisonment of five (5) to eight (8) years and a fine of two hundred (200) to five hundred (500) days. If the foregoing conduct is of considerable importance, taking into account its surface area, level of protection, quality of the zone or vegetation and location, the sentence of imprisonment shall be eight (8) to twelve (12) years. When as a consequence of the fire the results provided for in Article 183 are produced or with the circumstances of Article 184 of this Code, the most severe sentence in its upper half shall be imposed.

INTRODUCTION OF EXOTIC SPECIES. Whoever, in violation of the provisions protecting species and habitats, introduces or releases in the natural environment specimens of exogenous flora or fauna and thereby places in danger the maintenance of biological diversity in the affected area, shall be punished with sentences of imprisonment of two (2) to four (4) years and a fine of two hundred (200) to five hundred (500) days. When the conduct described in this article is done for the purpose of obtaining profit, the sentence shall be increased by one-third (1/3).

SPREAD OF PESTS OR DISEASES. Whoever spreads a pest or disease in forest areas or natural habitats of wild species and thereby places in danger the maintenance of biological diversity in the affected area, shall be punished with sentences of imprisonment of two (2) to four (4) years and a fine of two hundred (200) to five hundred (500) days.

DAMAGE TO THREATENED SPECIES. Whoever in violation of the provisions of legislation protecting species and habitats destroys, collects, captures or commercializes specimens of threatened flora or fauna or illegally traffics with them or with their remains, in such a way as to place in danger the conservation status of the affected species, shall be punished with sentences of imprisonment of six (6) months to three (3) years and a fine of fifty (50) to three hundred (300) days.

ILLEGAL CAPTURE OF SPECIMENS. Whoever captures specimens of wild fauna other than those indicated in the preceding article, in quantity, place, time, or manner expressly prohibited by applicable laws or general provisions concerning their hunting or fishing, and thereby endangers the conservation status of the affected species, shall be punished with imprisonment of six (6) months to two (2) years and a fine of fifty (50) to two hundred (200) days.

SPECIFIC AGGRAVATING CIRCUMSTANCES FOR CRIMES AGAINST BIOLOGICAL DIVERSITY. The facts provided for in this chapter shall be punished with the respective penalties increased by one-third (1/3) when any of the following circumstances concur:

• 1)

  An endangered species or one catalogued as a national symbol is affected;

• 2)

  Means or techniques specially destructive to the affected species are employed; and,

• 3)

  The offense is committed in an area declared as a biological reserve. CHAPTER III COMMON PROVISIONS FOR ENVIRONMENTAL CRIMES

COMMON AGGRAVATING CIRCUMSTANCES FOR CRIMES AGAINST THE ENVIRONMENT. The facts provided for in the preceding articles shall be punished with the penalties established respectively, increased by one-third (1/3), when any of the following circumstances concur:

• 1)

  The life or health of persons is endangered, except when a more severe penalty corresponds according to other provisions of this Code;

• 2)

  A natural space especially protected for its environmental values is affected;

• 3)

  Devastating effects are produced or a risk of irreversible or catastrophic deterioration to ecosystem balance or the maintenance of biological diversity is generated; or,

• 4)

  The facts are committed within an organized criminal group. The penalties to be imposed shall be increased by two-thirds (2/3) when two (2) or more of the circumstances expressed in the preceding paragraph concur.

DEPRIVATION OF RIGHTS. The Judge may impose upon the guilty party of an environmental crime the disqualification from obtaining public subsidies and aid, from contracting with the public sector, and from enjoying tax benefits or Social Security incentives, as well as disqualification from holding public positions, employment, or exercising activities directly related to the crime committed. The duration of these penalties may not exceed twice the time of the custodial sentence actually imposed.

RECKLESS ENVIRONMENTAL CRIME. The facts provided for in the preceding articles of this title shall be punished with the penalties established for each crime, reduced by one-half, when committed through gross negligence.

RESPONSIBILITY OF PUBLIC OFFICIAL OR EMPLOYEE. The public official or employee who has authorized, rendered an opinion on, reported favorably, or tolerated the commission of the facts provided for in this title, knowing of their illegality, shall be punished with the same penalties as the perpetrator of the fact, increased by one-third (1/3), plus special disqualification from public office or employment for twice the time of the custodial sentence actually imposed. If a public official or employee participates in the actions or omissions described in the preceding articles of this title, the applicable penalties shall be imposed increased by one-third (1/3) and in all cases, a penalty of special disqualification from public employment or office for twice the time of the custodial sentence corresponding to him, according to his degree of participation in the crime.

RESPONSIBILITY OF LEGAL PERSONS. When in accordance with the provisions of Article 102 of this Code, a legal person is responsible for the crimes contained in this title, a fine penalty shall be imposed in an amount equal to or up to three times the value of the damage caused or the benefit obtained. Additionally, one or more of the following sanctions may be imposed:

• 1)

  Suspension of the specific activities in which the crime was produced, for a period not exceeding five (5) years;

• 2)

  Closure of the premises and establishments used for the commission of the crime, for a period not exceeding five (5) years;

• 3)

  Prohibition from carrying out in the future the specific activities in whose exercise the crime was committed, favored, or concealed; and,

• 4)

  Disqualification from obtaining public subsidies and aid, from contracting with the public sector, and from enjoying tax benefits or Social Security incentives, for a period not exceeding ten (10) years.

SPECIFIC MITIGATING CIRCUMSTANCES. The competent Judicial Body may reduce the penalties to be imposed for the facts provided for in this title up to one-half thereof in the following cases:

• 1)

  The guilty party has voluntarily proceeded to repair the damage caused or neutralize the risk created before proceedings are directed against him;

• 2)

  The guilty party collaborates with authorities to prevent the commission of environmental crimes or mitigate their effects, to obtain or provide evidence of others already committed, or for the identification, prosecution, and processing of other responsible parties; or,

• 3)

  Taking into account the lesser gravity of the fact and the personal circumstances of the guilty party, when the crime is committed in an artisanal manner or for domestic consumption.

RESTORATION OF ECOLOGICAL BALANCE. The competent Judicial Body must order the adoption, at the expense of the responsible party, of the necessary measures aimed at restoring the ecological or biological balance that has been disturbed, including reforestation where applicable, as well as any other precautionary measure necessary for the protection of the affected environmental assets.

INTERNATIONAL RECIDIVISM. A conviction imposed by a foreign Judicial Body for crimes of the same nature as those provided for in this title produces the effects of recidivism, unless the criminal record has been cancelled or could have been cancelled in accordance with Honduran law. TITLE XVII CRIMES AGAINST ANIMAL WELFARE

ANIMAL CRUELTY. Whoever unjustifiably mistreats a domestic or domesticated animal, causing its death, shall be punished with imprisonment of two (2) to four (4) years; if he causes injuries that seriously impair its health, the penalty shall be six (6) months to two (2) years. The competent Judicial Body may additionally impose a special disqualification penalty for the exercise of a profession, trade, business, or industry related to animals for one (1) to three (3) years. The penalties provided for in the preceding paragraph may be increased up to two-thirds (2/3) when the facts involve special cruelty, taking into account the circumstances of the mistreatment and the suffering caused to the animal.

ANIMAL ABANDONMENT. Whoever abandons a domestic or domesticated animal in conditions dangerous to its life or physical integrity shall be punished with a penalty of public service or service to victims of six (6) to eight (8) months or a fine of one hundred (100) to two hundred (200) days. The competent Judicial Body may additionally impose a special disqualification penalty for the exercise of a profession, trade, or business related to animals for up to two (2) years. TITLE XVIII URBAN PLANNING CRIMES

ILLEGAL URBAN DEVELOPMENT. Whoever parcels, urbanizes, builds, or constructs without the necessary administrative authorization or license for such activities shall be punished with imprisonment of two (2) to five (5) years and a fine in an amount equal to or up to three times the benefit obtained or the damage caused, provided that it affects one of the following types of land:

• 1)

  Areas reserved for the construction of public works, areas of public domain or reserved for public use;

• 2)

  Contaminated areas or, for natural reasons, dangerous to the population;

• 3)

  Green areas or those that have legal or administrative recognition of their landscape, ecological, artistic, historical, or cultural value, or that for the same reasons have been considered of special protection; or,

• 4)

  Rural areas in which urbanization or building is not permitted.

IRREGULAR APPROVAL BY PUBLIC OFFICIAL. The public official or employee who, knowing of its illegality, individually or as a member of a collegial body, intervenes in the following manner shall be punished with imprisonment of three (3) to five (5) years and special disqualification from public office or position for twice the time that the custodial sentence lasts: 1) Resolves or votes in favor of the approval of planning instruments, urbanization projects, parceling, reparceling, construction, building, or the granting of licenses; or, 2) Reports or issues a favorable opinion on planning instruments, urbanization projects, parceling, reparceling, construction, building, or the granting of licenses contrary to applicable territorial planning or urban regulations. The preceding conduct is only punishable when the illegal instrument, project, or license is actually resolved in favor.

RESPONSIBILITY OF PUBLIC OFFICIAL FOR OMISSION. The public official or employee who, by reason of inspections, fails to report violations of applicable territorial planning or urban regulations or fails to carry out mandatory inspections, thereby favoring the commission of the conduct described in Article 343 of this Code, shall be punished with imprisonment of two (2) to four (4) years and special disqualification from public office or position for twice the time that the custodial sentence lasts.

RESPONSIBILITY OF LEGAL ENTITIES. When, in accordance with the provisions of Article 102 of this Code, a legal entity is responsible for the offenses included in this title, it must be imposed a fine in an amount equal to or up to three times the benefit obtained or that could have been obtained, or the damage caused. Additionally, it may be imposed some of the following sanctions:

• 1)

  Suspension of the specific activities in which the offense was committed, for a period that cannot exceed five (5) years;

• 2)

  Closure of the premises and establishments that were used to carry out the offense, for a period that cannot exceed five (5) years;

• 3)

  Prohibition of engaging in the future in the specific activities in the exercise of which the offense has been committed, favored or concealed;

• 4)

  Disqualification from obtaining subsidies and public aid, from contracting with the public sector and from enjoying fiscal benefits and incentives or those from Social Security, for a period that cannot exceed fifteen (15) years; or,

• 5)

  Judicial intervention to safeguard the rights of workers or creditors for the time deemed necessary, but which may not exceed five (5) years. This intervention may be total or partial, shall have the content established in the judicial order and may be modified by the competent Judicial Body, both materially and temporally, in light of the reports that are periodically made by the receiver and the Public Ministry (MP).

DEMOLITION OF UNLAWFULLY CONSTRUCTED PROPERTY. The competent Judicial Body, through a reasoned order, may order the author of the act to demolish the work and restore the land to its previous state, without prejudice to the indemnities owed to third parties acting in good faith.

ILLICIT TRAFFICKING OF CULTURAL HERITAGE ASSETS. Whoever, in violation of applicable laws and general provisions, carries out operations of importation, exportation, commerce or circulation of assets belonging to the Cultural Heritage of the Nation, must be punished with the penalties of imprisonment of three (3) to six (6) years and a fine in an amount equal to or up to four (4) times the benefit obtained or pursued.

ALTERATION OF REAL PROPERTY BELONGING TO CULTURAL HERITAGE. Whoever, in violation of applicable laws and general provisions, destroys, damages or seriously alters a real property singularly protected for its historical, cultural or artistic value, must be punished with the penalties of imprisonment of three (3) to six (6) years and a fine in an amount equal to or up to four (4) times the benefit obtained or pursued.

DESPOLIATION OF ARCHAEOLOGICAL ZONES. Whoever, in violation of applicable laws or general provisions, conducts work of exploration, excavation or removal in archaeological zones or deposits, in such a way that endangers the state of preservation of the site, must be punished with the penalties of imprisonment of four (4) to eight (8) years and a fine of one hundred (100) to one thousand (1000) days, without prejudice to the penalty corresponding to the damage caused or the unlawful appropriation of the pieces found. Whoever finds archaeological remains or assets and does not report the discovery to the authorities responsible for their conservation or custody, must be punished with the penalty of one (1) to three (3) years of imprisonment.

SPECIFIC AGGRAVATING CIRCUMSTANCES. The penalties provided for in the preceding articles must be increased by one-third (1/3) when any of the following circumstances concur:

• 1)

  The assets affected by the facts are of special value, taking into account their particular historical, cultural or artistic connotations;

• 2)

  The facts are committed within an organized criminal group; or,

• 3)

  The facts are carried out with abuse of any advantage, situation of influence or circumstance that facilitates the commission of the offense. The competent Judicial Body may impose, in addition to the corresponding penalties, the disqualification for the performance of positions, jobs or activities that have facilitated the commission of the offense, as well as the deprivation of the right to receive subsidies or public aid related to the facts committed. The duration of these sanctions cannot exceed twice the maximum duration of the imprisonment penalty provided for the fact committed.

RESPONSIBILITY OF PUBLIC OFFICIALS OR EMPLOYEES. The public official or employee who has authorized, rendered an opinion on or reported favorably or tolerated the commission of the facts provided for in this title, knowing of their illegality, must be punished with the same penalties as the perpetrator of the offense, increased by one-third (1/3), plus special disqualification from public office or position for twice the maximum duration of the imprisonment penalty provided for the fact committed. If in the actions or omissions described in the preceding articles of this title a public official or employee participates, the corresponding penalties must be imposed increased by one-third (1/3) and in any case the penalty of special disqualification from public employment or position for twice the maximum duration of the imprisonment penalty that corresponds, depending on their degree of participation in the offense.

RESPONSIBILITY OF LEGAL ENTITIES. When, in accordance with the provisions of Article 102 of this Code, a legal entity is responsible for the offenses contained in this title, it must be imposed a fine in an amount equal to or up to five (5) times the value of the damage caused or the benefit obtained with the commission of the offense. Additionally, it may be imposed some of the following sanctions:

• 1)

  Suspension of the specific activities in which the offense was committed, for a period that cannot exceed five (5) years;

• 2)

  Closure of the premises and establishments that were used to carry out the offense, for a period that cannot exceed five (5) years;

• 3)

  Prohibition of engaging in the future in the specific activities in the exercise of which the offense has been committed, favored or concealed; or,

• 4)

  Disqualification from obtaining subsidies and public aid, from contracting with the public sector and from enjoying fiscal benefits and incentives or those from Social Security, for a period that cannot exceed ten (10) years.

SPECIFIC MITIGATING CIRCUMSTANCES. The competent Judicial Body may reduce the penalties to be imposed for the facts provided for in this title by up to two-thirds (2/3) in the following cases:

• 1)

  The subject has voluntarily proceeded to repair the damage caused, before proceedings are brought against him, restoring the assets that are the object of the offense in his case;

• 2)

  The guilty party collaborates with the authorities to prevent the commission of environmental offenses or mitigate their effects, to obtain or provide evidence of others already committed, or for the identification, prosecution and processing of other responsible parties; or,

• 3)

  Taking into account the lesser gravity of the fact and the personal circumstances of the guilty party, when the offense is not attributable to the exercise of habitual or professional illegal activity.

RESTORATION OF CULTURAL HERITAGE. The competent Judicial Body must order the adoption by the author of the act of the necessary measures to repair the damage caused, including, in his case, the return of the assets to their place of origin. Likewise, they may order any precautionary measure necessary for the protection of the affected cultural assets.

INTERNATIONAL RECIDIVISM. The conviction rendered by a foreign Judicial Body for offenses of the same nature as those provided for in this title produces the effects of recidivism, unless the criminal record has been cancelled or could have been cancelled in accordance with Honduran law.

SIMPLE THEFT. Whoever, with the intent to profit for himself or a third party and without consent, takes possession of someone else's movable property whose value exceeds Five Thousand Lempiras (L.5,000), must be punished with the penalty of imprisonment of six (6) months to two (2) years.

THEFT OF LIVESTOCK OR CROPS. The offense of livestock theft is committed in the following cases: 1) Large livestock with a value exceeding Five Thousand Lempiras (L.5,000), must be punished with the penalty of imprisonment of two (2) to four (4) years; and, 2) Small livestock with a value exceeding Ten Thousand Lempiras (L.10,000), must be punished with the penalty of imprisonment of one (1) to three (3) years. If it does not exceed such value but exceeds Five Thousand Lempiras (L.5,000), it must be punished with the penalty corresponding to the offense of simple theft. The penalties described in the preceding numerals, except in the second paragraph of numeral 2), shall be increased by one-third (1/3) if the subject appropriates three (3) or more head of large or small livestock. The offense of crop theft is committed by whoever, for commercial purposes, transports, stores, packages, transforms or transfers products of marine, terrestrial or aquacultural origin, without the required documents for the case and without having accredited in another way the authorization to carry out the aforementioned operations, and must be sanctioned with the penalty of imprisonment of one (1) to three (3) years. If the value of the products transported without the accompaniment of the documents referred to in the preceding paragraph exceeds the amount of Twenty Thousand Lempiras (L.20,000), the penalty must be three (3) to four (4) years of imprisonment.

THEFT OF POSSESSION. The owner of a movable property or another person with his consent, who deprives of it whoever holds it legitimately in his power, to the detriment of the possessor or a third party, must be punished with the penalty of imprisonment of six (6) months to one (1) year if the value of the property does not exceed Five Thousand Lempiras (L.5,000) and if it is greater, the penalty must be increased by one-third (1/3).

ROBBERY WITH FORCE. Whoever, with the intent to profit, takes possession of someone else's movable property by using force against things, must be punished with the penalty of imprisonment of two (2) to four (4) years. For the purposes of this provision, force against things means committing the act with the concurrence of any of the following circumstances:

• 1)

  By breaking and entering;

• 2)

  By breaking a wall, roof or floor;

• 3)

  By fracturing a door, window or cabinet;

• 4)

  By breaking a piece of furniture or closed object or by forcing locks or discovering codes to steal its contents, whether in the place of robbery or outside of it;

• 5)

  By rendering specific alarm systems, guard systems or similar ones inoperable; or,

• 6)

  By using false keys. False keys shall be understood as:

  • a)

    Skeleton keys or other similar instruments;

  • b)

    Legitimate keys lost by the owner or obtained by a means that constitutes a criminal offense;

  • c)

    Those other keys that are not those intended by the owner to open the lock violated in the offense; and, d) Use of magnetic or perforated cards, remote controls or instruments of remote opening, remote control or other electronic devices capable of causing the opening.

ROBBERY WITH VIOLENCE OR INTIMIDATION. Whoever, with intent to gain profit, takes possession of movable property belonging to another by employing violence or intimidation against persons, shall be punished with imprisonment of four (4) to eight (8) years, without prejudice to the penalties corresponding to acts of violence committed.

LIVESTOCK ROBBERY. Whoever, by employing force against property, commits the offense of livestock robbery, shall be punished as follows: 1) Large livestock, with imprisonment of four (4) to six (6) years; or, 2) Small livestock, with imprisonment of three (3) to five (5) years. The penalties described in numeral 1) shall be increased by one-third (1/3) if the subject takes possession of three (3) or more head of large livestock. If livestock robbery is carried out with violence or intimidation against persons, it shall be punished with imprisonment of six (6) to eight (8) years, without prejudice to the penalties corresponding to acts of violence committed. CHAPTER III GENERAL PROVISIONS FOR OFFENSES OF LARCENY AND ROBBERY

SPECIFIC AGGRAVATING CIRCUMSTANCES. The penalties for larceny or robbery shall be increased by one-third (1/3) when any of the following circumstances concur:

• 1)

  Things of scientific, artistic, historical, cultural or monumental value are stolen;

• 2)

  Things of basic necessity are stolen and a situation of shortage results;

• 3)

  A thing intended for public service, of public or private ownership is stolen, causing serious loss to it;

• 4)

  The act is of special gravity considering the value of the stolen items;

• 5)

  Damages of special consideration are caused;

• 6)

  The victim or their family is placed in serious economic situation;

• 7)

  The conduct is carried out by abusing the personal circumstances of the victim;

• 8)

  Minors are used to commit the offense; or,

• 9)

  The acts are committed using weapons or other equally dangerous means or instruments carried by the subject. In the event two or more of the above circumstances concur, the penalty for larceny or robbery shall be increased by two-thirds (2/3). CHAPTER IV LARCENY AND ROBBERY OF MOTOR VEHICLE USE

LARCENY AND ROBBERY OF MOTOR VEHICLE USE. Whoever, without intent to appropriate, takes or uses without due authorization a motor vehicle shall be punished with imprisonment of one (1) to three (3) years if it is returned to the place where it was taken or to its owner within a period not exceeding twelve (12) hours. If force against property is used for the taking, the imprisonment penalty shall be two (2) to four (4) years. If it is not returned within the period indicated in the first paragraph of this article, the act shall be punished as larceny or robbery. If violence or intimidation against persons is used for the taking, it shall be punished with the penalties for robbery with violence and intimidation. CHAPTER V FRAUD AND OTHER SWINDLING

FRAUD. One commits fraud who, with intent to gain profit, uses sufficient deception to produce error in another and induces them to perform an act of disposition to the detriment of their own or another's property. The offense of fraud is also committed in the following cases: 1) Whoever with the purpose of obtaining illicit advantage achieves the non-consensual transfer of any patrimonial asset to the detriment of a third party, through computer manipulation or the use of similar artifice; and, 2) Whoever unlawfully uses a credit or debit card, check, promissory note, bill of exchange, the data contained in any of them or any other similar form of payment, performs operations with intent to gain profit to the detriment of its holder or a third party. The offense of fraud shall be punished with imprisonment of two (2) to four (4) years if the value of what was defrauded exceeds Five Thousand Lempiras (L5,000). In determining the penalty in these offenses, consideration shall be given to the amount defrauded, the economic loss caused to the injured party, the relations between the latter and the defrauder, the means employed by the accused, and any other similar circumstances that serve to assess the gravity of the infraction.

SPECIFIC AGGRAVATING CIRCUMSTANCES. The penalties provided in this chapter shall be increased by one-third (1/3) if any of the following circumstances concur:

• 1)

  The acts concern things of basic necessity or intended for public service, of public or private ownership or for housing;

• 2)

  The assets subject to the offense are part of the nation's historical, artistic, cultural or scientific heritage;

• 3)

  The acts are of special gravity due to the amount defrauded;

• 4)

  The acts are committed with abuse of signature or through subtraction, concealment or rendering useless, in whole or in part, of some proceeding, file, protocol or public or official document of any kind;

• 5)

  The acts are committed within the scope of the financial sector; or,

• 6)

  The acts are carried out by one who holds the status of administrator in fact or in law of a society constituted or in formation. In the event two or more of the above circumstances concur, the penalties may be increased up to two-thirds (2/3).

IMPROPER FRAUD. One shall be punished with imprisonment of three (3) to five (5) years, who executes any of the following conducts:

• 1)

  Whoever, to the detriment of a third party, disposes of movable or immovable property concealing the existence of any encumbrance or charge on it;

• 2)

  Whoever alienates, encumbers or leases movable or immovable property, falsely attributing powers of disposition over the thing;

• 3)

  Whoever grants a simulated contract to the detriment of another; and,

• 4)

  Whoever in judicial proceedings manipulates the evidence on which they purport to base their allegations or employs other similar procedural fraud, causing error in the competent Judicial Body and leading it to issue a decision that damages the economic interests of the other party or a third party. Likewise, one incurs in this modality of fraud who, in the manner described, causes error in the opposing party, leading it to change its procedural will and harming its economic interests.

LIABILITY OF LEGAL PERSONS. When in accordance with what is established in Article 102 of this Code, a legal person is responsible for the offenses comprised in this chapter, it shall be imposed the penalty of closure of the premises and establishments that were used to commit this offense for a period of one (1) to five (5) years and a fine equal to double the value of what was defrauded.

FRAUD OF ENERGY, FLUIDS AND TELECOMMUNICATIONS. Whoever with intent to gain profit, takes possession of, steals or uses electricity, gas, water, telecommunications, energy or fluids belonging to another, employing clandestine or unauthorized means to do so, shall be punished with the following penalties:

• 1)

  Imprisonment of six (6) months to one (1) year and fine of one hundred (100) to two hundred (200) days if the value of what was defrauded exceeds Five Thousand Lempiras (L5,000) and does not exceed Fifty Thousand Lempiras (L.50,000.00);

• 2)

  Imprisonment of one (1) year to two (2) years and fine of two hundred (200) to three hundred (300) days if the value of what was defrauded exceeds Fifty Thousand Lempiras (L.50,000.00) and does not exceed Two Hundred Thousand Lempiras (L.200,000.00); or,

• 3)

  Imprisonment of two (2) to three (3) years and fine of three hundred (300) to four hundred (400) days if the value of what was defrauded exceeds Two Hundred Thousand Lempiras (L.200,000.00). CHAPTER VI FRAUDULENT ADMINISTRATION AND IMPROPER APPROPRIATIONS

FRAUDULENT ADMINISTRATION. Whoever, having powers granted by Law, judicial or administrative resolution or legal transaction to administer property belonging to another, exceeds the exercise thereof and causes damage to the patrimony of the administered party, shall be punished with the penalties established in articles 365 or 366 of this Code.

IMPROPER APPROPRIATION AND RETENTION. The penalties established in articles 365 or 366 of this Code shall be imposed upon one who, having in their power or custody movable property, money or assets belonging to another, by a title that produces the obligation to deliver or return them, appropriates them or denies having received them, to the detriment of another. One incurs the same penalty who, not appropriating the thing, makes improper use of it, to the detriment of another.

IRREGULAR APPROPRIATION. One shall be punished with a fine of fifty (50) to two hundred (200) days, who executes any of the following conducts: 1) Whoever, with intent to gain profit, appropriates property belonging to another that is lost or has no known owner with value exceeding Five Thousand Lempiras (L.5,000). If it is a thing with artistic, historical, cultural or scientific value, the penalty shall be increased by one-fourth (1/4); and, 2) Whoever, by receiving property by mistake movable things with value exceeding Five Thousand Lempiras (L.5,000), denies having received them or does not proceed to return them after being requested to do so. CHAPTER VII EXTORTION

EXTORTION. Whoever with violence or intimidation and intent to gain profit, compels or attempts to compel another to perform or refrain from performing an act or legal transaction to the detriment of their patrimony or that of a third party, shall be punished with imprisonment of ten (10) to fifteen (15) years and a fine of five hundred (500) to one thousand (1000) days, without prejudice to those that could be imposed for acts of physical violence or intimidation committed. If death is caused, whether willfully or through negligence, to the person extorted, their spouse, household member, or a member of their family within the fourth degree of consanguinity or second degree of affinity or any person who has a labor relationship with the victim or with the extorted legal person, the penalty of life imprisonment shall be imposed.

SPECIFIC AGGRAVATING CIRCUMSTANCES. Penalties shall be increased by one-third (1/3) when any of the following circumstances concur:

• 1)

  When the acts are committed within the scope of an organized criminal group;

• 2)

  When minors or persons with disabilities are used to execute the offense;

• 3)

  When the act is committed against a victim specially vulnerable due to their age, disability or situation, or against a public official or employee by reason of the functions they perform; or,

• 4)

  When the culprit is a public official or employee who acts with abuse of the functions of the office. In this case, in addition to the corresponding penalties, the penalty of special disqualification from public office or employment for fifteen (15) to twenty (20) years shall be imposed.

SPECIFIC MITIGATING CIRCUMSTANCES. The penalties provided in the preceding articles, except life imprisonment, shall be reduced by one-third (1/3) if any of the following circumstances concur:

• 1)

  Confession of extortion activities in which the culprit has participated and the consequent contribution or obtaining of evidence;

• 2)

  Collaboration with authorities to prevent the commission of extortion offenses or mitigate their effects, or to contribute to or obtain evidence of others already committed; or,

• 3)

  Collaboration with authorities for the identification, prosecution and processing of those responsible for the commission of extortion offenses.

PUNISHMENT OF PREPARATORY ACTS. Conspiracy, proposition or provocation for the commission of the crime of extortion must be punished with imprisonment of one (1) to three (3) years, unless it is punished with a greater penalty in another provision of this Code.

INTERNATIONAL RECIDIVISM. A conviction by a foreign Judicial Body for crimes of the same nature as those provided for in this chapter produces the effects of recidivism, unless the criminal antecedents have been cancelled or could have been cancelled in accordance with Honduran law. CHAPTER VIII USURPATIONS

USURPATION. Whoever, with violence or serious intimidation against persons, occupies real property or usurps the property rights of another in real property, must be punished with imprisonment of two (2) to four (4) years, without prejudice to the imposition of the penalties corresponding to the violence exercised. Whoever through violence or intimidation against persons unlawfully occupies, without intent to appropriate and incorporate such real property into his personal assets, another's real property, dwelling or building that does not constitute a residence, must be punished with imprisonment of one (1) to two (2) years.

ALTERATION OF BOUNDARIES OR LIMITS. Whoever, in order to seize real property or part of it, alters the boundaries, limits or any other sign intended to fix the limits of neighboring properties, must be punished with imprisonment of one (1) to three (3) years.

USURPATION OF WATERS. Whoever, without being authorized, diverts from its course waters of public or private use or a natural or artificial reservoir, must be punished with imprisonment of one (1) to three (3) years. The same penalty is imposed on whoever obstructs or prevents the exercise of rights that a third party may have over such waters. These penalties must be increased by one-third (1/3) when the waters are intended for the supply of populations and a shortage occurs. CHAPTER IX CRIMES OF DAMAGE

DAMAGE. Whoever destroys, deteriorates, renders useless or causes damage to property of another, not covered by other provisions of this Code, must be punished with imprisonment of six (6) months to two (2) years and a fine of one hundred eighty (180) to seven hundred twenty (720) days if the amount of damage exceeds Five Thousand Lempiras (L5,000).

AGGRAVATED DAMAGE. The penalties of the preceding article must be increased by one-third (1/3) in the following circumstances:

• 1)

  The damage is caused by infection, contagion of animals or plants, without prejudice to the penalties corresponding to affects on public health or unless the act is punished with a greater penalty in another provision of this Code;

• 2)

  Poisonous, corrosive, explosive or flammable substances are used, without prejudice to the penalties corresponding to affects on public health or unless the act is punished with a greater penalty in another provision of this Code;

• 3)

  Whoever destroys, deteriorates, renders useless or causes damage to property of another that affects assets of public domain, use or communal property, or that seriously affects general interests; or,

• 4)

  The damage caused places the holder of patrimonial rights in a state of insolvency or places them in a serious economic situation. In the case of two or more of the preceding circumstances occurring together, the penalty for the crime of damage must be increased by two-thirds (2/3).

DAMAGE TO INFRASTRUCTURE OR FACILITIES. Whoever destroys, deteriorates, renders useless or damages buildings, establishments, installations, vessels, aircraft, vehicles or other similar resources, military, police or State security bodies, must be punished with imprisonment of three (3) to six (6) years and a fine of three hundred (300) to one thousand (1,000) days if the amount of damage exceeds Five Thousand Lempiras (L.5,000) and if it does not exceed that amount, with imprisonment of two (2) to five (5) years and a fine of three hundred (300) to five hundred (500) days, unless the act is punished with a greater penalty in another provision of this Code. The preceding penalties must be increased by one-third (1/3) if the preceding acts affect major infrastructure such as ports, airports or public transportation networks.

RECKLESS DAMAGE. Damage caused by serious recklessness whose amount exceeds Five Hundred Thousand Lempiras (L.500,000) must be punished with a fine of one hundred (100) to three hundred sixty (360) days or with the penalty of performing services of public utility or for the benefit of victims for three (3) to six (6) months. These damages are only prosecutable upon the complaint of the owner of the damaged property or their legal representative. The Public Ministry (MP) may also file a complaint when the owner is a minor or person with a disability or in the case of any of those referred to in Article 382 of this Code.

PARDON OF THE INJURED PARTY. Criminal action for the crimes provided for in this chapter is extinguished, except in the case contemplated in Article 382 of this Code, by the pardon of the injured party or their legal representative, without prejudice to what is provided in Article 107 of this Code. CHAPTER X CRIME OF USURY

USURY. A loan is understood to be usurious when it stipulates an interest notoriously disproportionate to that established in the National Financial System and the circumstances of the case, there being reason to believe that it has been accepted by the borrower due to their distressful situation, their inexperience or the limited nature of their knowledge on the matter or their mental faculties. In any case, an interest notoriously disproportionate is considered to be that which exceeds by six points the average rate established in accordance with the National Financial System. Whoever, acting as a lender, in fact or in law, stipulates a usurious loan contract must be punished with imprisonment of two (2) to four (4) years and a fine for an amount equal to or up to double the amount of the credit. For these purposes, a loan shall be understood as the contract by which one party delivers to the other a sum of money on the condition of returning an equal amount of the same kind and quality plus the interests, regardless of whether the formalization of the same is made under the appearance of another type of contract. The penalty provided in the second paragraph of this article shall be increased by one-third (1/3) when any of the following circumstances concur: 1) When the lender is a professional registered as such and their habitual activity is the granting of loans; or, 2) When the loan is made to persons who are in a serious economic situation. With the same penalties as in the preceding paragraphs, in their respective cases, must be punished whoever acquires or attempts to enforce a credit knowing the usurious characteristics of the same. The corresponding penalty increased by one-third (1/3) must be imposed when the conduct is committed within an organized criminal group. When, in accordance with what is established in Article 102 of this Code, a legal entity is responsible for the crimes contained in this chapter, the penalty of dissolution or a fine of five hundred (500) to one thousand (1,000) days must be imposed. Additionally, any of the following sanctions may be imposed:

• 1)

  Suspension of the specific activities in which the crime occurred, for a period that may not exceed five (5) years;

• 2)

  Closure of the premises and establishments used to commit the crime, for a period that may not exceed five (5) years;

• 3)

  Prohibition from carrying out in the future the specific activities in the exercise of which the crime has been committed, favored or concealed; and,

• 4)

  Disqualification from obtaining public subsidies and aid, from contracting with the public sector and from enjoying fiscal or Social Security benefits and incentives, for a period that may not exceed fifteen (15) years.

LOTTERIES AND UNAUTHORIZED GAMES. The producers or sellers of traditional or electronic lottery tickets and those who conduct raffles, drawings and other games of chance not granted a concession or legally authorized must be punished with imprisonment of two (2) to four (4) years and a fine of five hundred (500) to one thousand (1,000) days. The preceding penalties must be applied without prejudice to those that might correspond for other crimes and in particular for the commission of crimes of unlawful association. Raffles and drawings that are exceptionally conducted for charitable, political, educational, recreational, arts promotion or sports promotion purposes conducted by centers, organizations or establishments dedicated to these activities are excepted. CHAPTER XII GENERAL PROVISIONS

EXEMPTION FROM CRIMINAL RESPONSIBILITY. The following persons are exempt from criminal responsibility and subject only to civil liability for patrimonial crimes committed among themselves:

• 1)

  Spouses or those who maintain a stable relationship of analogous nature to the above, provided that in both cases they live under the same roof;

• 2)

  Ascendants, descendants and blood siblings or by adoption and relatives by marriage in the first degree, provided that in the latter case they live together; and,

• 3)

  The widow or widower, with respect to things belonging to their deceased spouse, as long as they have not passed into the possession of another. This article is not applicable to third parties who participate in the commission of the crime. This cause for exemption from criminal responsibility cannot be appreciated in those cases in which violence or intimidation has been used, the subject abuses a special situation of prevalence over the victim or the crime is based on reasons of gender.

CRIMES AGAINST COPYRIGHT AND RELATED RIGHTS. Whoever with intent to profit, to the detriment of a third party and without authorization of the holders of the corresponding copyright and related rights or their assignees, reproduces, distributes, publicly communicates or transforms a literary, artistic or scientific work or any performance or property protected by copyright and related rights must be punished with imprisonment of three (3) to six (6) years and a fine for an amount equal to or up to triple the benefit obtained or intended. The same penalty is imposed on whoever, without authorization from the holder and with intent to profit, stores, imports or exports copies of such works, performances, productions or executions when they are intended to be distributed or publicly communicated. Taking into account the characteristics of the guilty party and the reduced amount of the economic benefit obtained or that could have been obtained, the competent Judicial Body may impose in the cases of the preceding paragraphs the penalty of house arrest of six (6) months to one (1) year. The competent Judicial Body may also order the withdrawal of the works or performances subject to the infringement in the event that the unlawful exploitation is carried out through the internet, a web page or portal in which they are found. When such a web page or portal disseminates exclusively or preponderantly the contents subject to intellectual property, the interruption of the service must be ordered by it and likewise, it may resolve the suspension of the activity or its closure.

SPECIFIC AGGRAVATING CIRCUMSTANCES. Must be punished with imprisonment of four (4) to six (6) years, a fine for an amount equal to double or up to triple the benefit obtained or intended and special disqualification from the exercise of the profession, trade, industry or commerce related to the crime committed for one (1) to three (3) years, whoever commits the unlawful act described in the preceding article when any of the following circumstances concur:

• 1)

  When plagiarism exists, denying the real authorship of the work or essential parts of it by means of the attribution of its paternity to oneself or to a third party;

• 2)

  When the unlawful exploitation implies the original disclosure of the work against the author's will and without being permitted by the Copyright and Related Rights Law;

• 3)

  The unlawful exploitation is carried out in violation of the right to the integrity of the work;

• 4)

  The acts are of special gravity, taking into account the number of objects unlawfully produced or works affected, their transformations, the execution or interpretation thereof, their unlawful reproduction, distribution, public communication or making available to the public or the special importance of the damages caused; or,

• 5)

  The acts are committed within an organized criminal group.

UNLAWFUL ENJOYMENT OF CONDITIONAL ACCESS SERVICES. Whoever, with intent to profit and without authorization, facilitates intelligible access to a sound or television broadcasting service transmitted via electronic, analog, digital terrestrial, satellite or internet means, or to interactive services provided at a distance via electronic means, shall be punished with imprisonment of one (1) to three (3) years and a fine equal to or up to three times the benefit obtained. Whoever, with intent to profit and without authorization, manufactures, assembles, modifies, imports, exports, sells, rents, installs, maintains, replaces, or in any other way distributes or commercializes devices or systems that serve to gain fraudulent access to a conditional access service as provided in the preceding paragraph, shall be punished with imprisonment of one (1) to two (2) years and a fine equal to or up to three times the benefit obtained. The aforementioned penalties shall be increased by one-third (1/3) in the following cases: 1) The conduct has great economic significance in view of the high benefits obtained or the harm caused to the service provider; or, 2) The acts are committed within the scope of an organized criminal group. Taking into account the characteristics of the offender and the reduced amount of economic benefit obtained or that could have been obtained, the competent Judicial Authority may impose in the cases of the preceding paragraphs of this article a sentence of imprisonment of six (6) months to one (1) year.

CIRCUMVENTION OF TECHNOLOGICAL MEASURES. Whoever, without authorization of the respective rights holders, with intent to profit and to the detriment of third parties, circumvents or avoids any effective technological measure directed at preventing the violation of copyright and related rights, shall be punished with imprisonment of one (1) to three (3) years and a fine equal to or up to three times the benefit obtained. With imprisonment of one (1) to two (2) years and a fine equal to or up to three times the benefit obtained shall be punished whoever prepares, manufactures, reproduces, distributes, imports or exports, or makes available to the public with a commercial purpose, with intent to profit and to the detriment of third parties, any program, tool, means or procedure, directed at facilitating in an illegitimate manner the removal or neutralization of any technological measure specifically designed to prevent the violation of copyright and related rights. Taking into account the characteristics of the offender and the reduced amount of economic benefit obtained or that could have been obtained, the competent Judicial Authority may impose in the cases of the preceding paragraphs the penalty of house arrest of six (6) months to one (1) year.

ILLEGITIMATE USE OF PATENT. Whoever, for industrial or commercial purposes, without the consent of the holder of a patent, utility model or industrial design and with knowledge of its registration, manufactures, imports, uses, offers or sells for sale products or processes protected by such rights, shall be punished with imprisonment of three (3) to six (6) years and a fine equal to or up to three times the benefit obtained.

ILLEGITIMATE USE OF DISTINCTIVE SIGNS OR REGISTERED MARKS. Shall be punished with imprisonment of one (1) to four (4) years and a fine equal to or up to three times the benefit obtained whoever, for industrial or commercial purposes, without the consent of the holder of a distinctive sign or registered mark and with knowledge of its registration, executes any of the following conducts: 1) Manufactures, produces, imports or stores products that incorporate a distinctive sign identical, similar or confusable with that one; or, 2) Offers, distributes or commercializes products that incorporate a distinctive sign identical, similar or confusable with that one. Street vending or occasional sale of the products referred to in the preceding numeral shall be punished with imprisonment of one (1) to three (3) years. Taking into account the characteristics of the offender and the reduced amount of economic benefit obtained or that could have been obtained, the competent Judicial Authority may impose in the cases of the preceding paragraphs in place of the prison sentence, a fine of thirty (30) to one hundred fifty (150) days.

DISCOVERY AND DISCLOSURE OF INDUSTRIAL OR COMMERCIAL TRADE SECRET. Whoever, to unlawfully obtain a trade secret, takes possession by any means of data, written or electronic documents, computer media or other objects that refer to it, intercepts communications or in any other unlawful manner procures such confidential information, shall be punished with imprisonment of two (2) to four (4) years and a fine equal to or up to three times the benefit obtained. Whoever discloses or uses for personal profit the trade secret thus obtained shall be punished with the penalties provided in the preceding paragraph increased by one-third (1/3). Whoever, without authorization of its holder, discloses or uses for personal profit a trade secret to which he has legitimately accessed but with a duty of confidentiality, shall be punished with imprisonment of two (2) to five (5) years and a fine equal to or up to three times the benefit obtained.

SPECIFIC AGGRAVATING CIRCUMSTANCES. The penalty shall be increased by one-third (1/3) when in any of the crimes of the preceding chapter any of the following circumstances concur:

• 1)

  The act has special economic significance taking into account the benefit obtained, the harm caused or the value of the illicitly produced objects;

• 2)

  The act is committed within the scope of an organized criminal group; or,

• 3)

  Minors under eighteen (18) years of age are used to commit these crimes.

RESPONSIBILITY OF LEGAL PERSONS. When, in accordance with the provisions of Article 102 of this Code, a legal person is responsible for the crimes included in this title, the penalty of closure of its premises and establishments shall be imposed for a period of three (3) to five (5) years or a fine of five hundred (500) to one thousand (1,000) days. Additionally, some of the following sanctions may be imposed:

• 1)

  Suspension of the specific activities in which the crime occurred, for a period that may not exceed five (5) years;

• 2)

  Prohibition from carrying out in the future the specific activities in the exercise of which the crime has been committed, favored or covered up; and,

• 3)

  Disqualification from obtaining subsidies and public aid, from contracting with the public sector and from enjoying tax benefits and incentives or Social Security benefits, for a period that may not exceed fifteen (15) years.

UNAUTHORIZED ACCESS TO COMPUTER SYSTEMS. Shall be punished with imprisonment of six (6) to eighteen (18) months or a fine of one hundred (100) to two hundred (200) days whoever, violating the security measures established to prevent it, accesses without authorization all or part of a computer system. The penalty of the preceding paragraph shall be increased by one-third (1/3) if the system accessed refers to structures or services essential to the community.

DAMAGE TO DATA AND COMPUTER SYSTEMS. Whoever by any means and without authorization introduces, erases, damages, alters, suppresses or makes seriously inaccessible computer data, shall be punished with imprisonment of one (1) to two (2) years or a fine of one hundred (100) to three hundred (300) days. Whoever without authorization makes totally or partially inoperable the functioning of a computer system, preventing access to it or making impossible the development of any of its services, shall be punished with imprisonment of one (1) to three (3) years or a fine of one hundred (100) to four hundred (400) days. The penalties set forth in the two (2) preceding paragraphs shall be increased by one-third (1/3) when the conducts described cause serious economic harm or affect structures or services essential to the community.

MISUSE OF DEVICES. The manufacture, import, sale, facilitation or obtaining for use of devices, computer programs, passwords or access codes, intended or adapted for the commission of the crimes of computer damage or unlawful access to computer systems, shall be punished with imprisonment of six (6) months to one (1) year or a fine of one hundred (100) to two hundred (200) days.

IDENTITY IMPERSONATION. Shall be punished with imprisonment of six (6) months to one (1) year or a fine of one hundred (100) to three hundred (300) days, whoever with fraudulent intent and through information and communication technologies, impersonates the identity of a natural or legal person.

AGGRAVATING CIRCUMSTANCES. The penalties provided for in this title shall be increased by one-third (1/3) for those who execute the crime concurring any of the following circumstances: 1) The offender is the person responsible for or in charge of the system or has authorization to access data or computer systems; or, 2) The offender belongs to an organized criminal group. In the crimes provided for in this title, together with the corresponding penalty, the special disqualification for the same period for the exercise of profession, occupation, industry or commerce related to the conduct must be imposed. If the crime has been committed by a public official or employee, the penalty of absolute disqualification must also be imposed, under the same conditions as in the preceding case, for the duration of the sentence.

RESPONSIBILITY OF LEGAL PERSONS. When, in accordance with the provisions of Article 102 of this Code, a legal person is responsible for the crimes included in this title, the penalty of suspension of its specific activities of three (3) to five (5) years and a fine of three hundred (300) to five hundred (500) days shall be imposed.

SPECIAL RULES OF JURISDICTION. National Judicial Authorities shall have jurisdiction over computer crimes, when they are executed in the following cases: 1) In Honduras, even if they are directed against data or computer systems located outside of it; or, 2) Against data or computer systems located in Honduras, even if the offender acted from outside the national territory.

LEGAL DEFINITIONS. For the purposes of this title, the following are understood as:

• 1)

  Computer Data: the basic units of information, whatever their content, expressed in a form that permits their processing by an information system, including the programs that make it possible for this function to be carried out;

• 2)

  Computer System: a device or set of interconnected or related devices, which allow, thanks to a program, the automated processing of computer data, in such a manner that it encompasses both the hardware and the software necessary for its functioning; and,

• 3)

  Computer Program: the sequence of instructions or indications necessary so that the computer system can perform a function or task or obtain a determined result.

FRAUDULENT BANKRUPTCY OFFENSE. A merchant or business operator shall be punished with imprisonment from one (1) to three (3) years and special disqualification for twice the duration of the prison sentence, who, with the purpose of evading the obligations owed to their creditors and within the twelve (12) months prior to the judicial declaration of bankruptcy, executes any of the following conduct:

• 1)

  Flees with all or part of their assets, concealing, damaging or destroying them, or performs or simulates any other fraudulent acts or operations that increase their liabilities or decrease their assets;

• 2)

  Violates the applicable regulations regarding the keeping of commercial accounting books, making it impossible to determine the true economic situation of the business; or,

• 3)

  Improperly favors any creditor, making payments or granting guarantees or preferences to which the creditor is not entitled. A merchant or business operator shall be punished with imprisonment from three (3) to five (5) years and absolute disqualification for twice the duration of the prison sentence, who executes the aforementioned behaviors while involved in a bankruptcy proceeding.

SPECIFIC AGGRAVATING CIRCUMSTANCES. The prison sentences stated in the preceding provisions shall be increased by one third (1/3) when any of the following circumstances are present:

• 1)

  Serious harm is caused to one or more creditors, taking into account both the amount of the bankruptcy and the situation in which the creditors are left;

• 2)

  The bankruptcy of a public or state company occurs, administered or directed by public employees or officials or persons appointed by the administration. In this case, the sentence of special disqualification shall also be imposed for twice the duration of the prison sentence; or,

• 3)

  The bankruptcy of a credit institution or one belonging to the National Financial System occurs.

CONCEALMENT OF ASSETS. Whoever, to refrain from paying or fulfilling their obligations, executes any of the following conduct shall be punished with the same sentences provided for the bankruptcy offense:

• 1)

  Conceals their assets, transfers or encumbers them without notifying their creditors in a reliable manner fifteen (15) days in advance or simulates transfers or credits;

• 2)

  Declares nonexistent credits, expenses, debts or transfers in prejudice of another; or,

• 3)

  Moves abroad without leaving a person to represent them or sufficient assets to respond to the payment of their debts.

FRAUDULENT INSOLVENCY. A non-merchant debtor declared civilly insolvent who, to defraud their creditors, commits within the twelve (12) months prior to the declaration of insolvency any of the actions described in the preceding articles of this chapter, shall be punished with the respectively applicable sentences reduced by one third (1/3).

FORCED LIQUIDATION OF FINANCIAL INSTITUTIONS. The provisions in the preceding articles of this chapter shall apply with respect to concealments of assets and insolvencies committed within the framework of a forced liquidation procedure of an entity or institution supervised by the National Banking and Insurance Commission (CNBS).

RESPONSIBILITY OF LEGAL PERSONS. When, in accordance with the provisions of Article 102 of this Code, a legal person is responsible for the offenses comprised in this chapter, they shall be imposed a fine in an amount equal to or up to three times the benefit obtained or intended. Additionally, any of the following sanctions may be imposed:

• 1)

  Suspension of the specific activities in which the offense was committed, for a period that may not exceed five (5) years;

• 2)

  Closure of the premises and establishments that were used to commit the offense, for a period that may not exceed five (5) years;

• 3)

  Prohibition of conducting in the future the specific activities in the exercise of which the offense was committed, favored or concealed;

• 4)

  Disqualification from obtaining subsidies and public aid, from contracting with the public sector and from enjoying tax benefits and incentives or Social Security benefits, for a period that may not exceed fifteen (15) years; and,

• 5)

  Judicial intervention to safeguard the rights of workers or creditors for the time deemed necessary, but that may not exceed five (5) years. This intervention may be total or partial, shall possess the content established in the judicial resolution and may be modified by the judge, both materially and temporally, taking into account the reports periodically submitted by the receiver and the Public Ministry (MP).

REMOVAL OF RAW MATERIALS OR OTHER PRODUCTS. Whoever, with the deliberate purpose of harming consumers, creating shortages in the market or altering price formation, removes from the market by any procedure raw materials, products or essential services or financial products, shall be punished with imprisonment from three (3) to five (5) years and a fine in an amount equal to or up to double the value of what was defrauded. If the acts are committed taking advantage of a situation of grave necessity or catastrophe, the sentences shall be increased by one third (1/3).

DISSEMINATION OF FALSE NEWS OR RUMORS AND ABUSE OF PRIVILEGED INFORMATION. Whoever, with the purpose of altering or maintaining prices that would result from free competition, disseminates in an adequate manner false economic news or rumors that affect any type of contracting, including the quotation of securities or financial instruments, causing a benefit for themselves or for a third party exceeding One Million Lempiras (L1,000,000) or a damage of an equal amount, shall be punished with imprisonment from two (2) to four (4) years and a fine in an amount equal to or up to three times the value of the benefit obtained or the damage caused. If the offense is committed by a public official, stock exchange agents or brokers, the sentence shall be aggravated by one third (1/3) and special disqualification for public office or position shall be imposed for up to five (5) years. Whoever, using violence, intimidation or deceit attempts to alter or maintain prices that would result from free competition, affecting any type of contracting including the quotation of securities or financial instruments, shall be punished with imprisonment from two (2) to four (4) years and a fine of three hundred (300) to five hundred (500) days. If the offense is committed by a public official, stock exchange agents or brokers, the sentence shall be aggravated by one third (1/3) and special disqualification for public office or position from two (2) to five (5) years shall be imposed, without prejudice to the penalty that may correspond for other offenses committed. Whoever, using privileged information, executes transactions or issues operation orders capable of providing misleading indications about the supply, demand or price of securities or financial instruments, or using the same information ensures for themselves or in agreement with others a dominant position in the market of such securities or instruments, with the purpose of setting their prices at abnormal or artificial levels, is punished with the same sentences as in the preceding paragraph. Whoever, either by themselves or through an intermediary and using any information relevant to the quotation of any class of securities or instruments traded in any organized market to which they have had access as a result of their professional activity, obtains for themselves or for a third party a benefit exceeding One Million Lempiras (L.1,000,000), or a damage of an equal amount, shall be punished with imprisonment from two (2) to four (4) years and a fine in an amount equal to or up to three times the value of the benefit obtained or the damage caused and special disqualification from profession or office, industry or commerce from two (2) to five (5) years. The sentence shall be increased by one third (1/3) if the benefit obtained or the damage caused is of notable importance or grave damage to general interests is caused.

PROFITEERING. Whoever, with the purpose of obtaining profit for themselves or a third party, increases the prices of merchandise or public services above those set by the competent authorities, shall be punished with imprisonment from two (2) to four (4) years and a fine in an amount equal to or up to double the value of what was defrauded. The sentence shall be increased by one third (1/3) if it concerns raw materials, essential products or services or financial products. If the offense is committed by a public official, stock exchange agents or brokers, the sentence shall be aggravated by one third (1/3).

AGREEMENTS AND PRACTICES RESTRICTIVE OF COMPETITION. Those who, with the deliberate purpose of restricting, diminishing, harming, preventing or falsifying free competition, agree on prices, rates or discounts; establish concertedly conditions of transaction to limit wholly or partially the production, distribution, supply or commercialization of goods or services; divide the market in territorial areas, clientele, supply sectors or sources of supply; or engage in practices of concertation or coordination of positions or concertedly refrain from participating in public or private bidding processes, quotations, contests, public, private or judicial auctions, shall be punished with imprisonment from four (4) to eight (8) years and a fine in an amount equal to or up to four (4) times the benefit obtained or the damage or harm caused.

OBSTRUCTION OF BIDDING PROCESSES OR AUCTIONS. Whoever, through violence, intimidation or deceit obstructs public or private bidding procedures or judicial auctions, shall be punished with imprisonment from three (3) to five (5) years and a fine of one hundred (100) to five hundred (500) days.

RESPONSIBILITY OF LEGAL PERSONS. When, in accordance with the provisions of Article 102 of this Code, a legal person is responsible for the offenses contained in this chapter, they shall be punished with a fine of five hundred (500) to one thousand (1000) days. Additionally, any of the following sanctions may be imposed:

• 1)

  Suspension of the specific activities in which the offense was committed, for a period that may not exceed five (5) years;

• 2)

  Closure of the premises and establishments that were used to commit the offense, for a period that may not exceed five (5) years;

• 3)

  Prohibition of conducting in the future the specific activities in the exercise of which the offense was committed, favored or concealed;

• 4)

  Disqualification from obtaining subsidies and public aid, from contracting with the public sector and from enjoying tax benefits and incentives or Social Security benefits, for a period that may not exceed five (5) years; and,

• 5)

  Judicial intervention to safeguard the rights of workers or creditors for the time deemed necessary, but that may not exceed five (5) years. This intervention may be total or partial, shall possess the content established in the judicial resolution and may be modified by the competent Judicial Body, both materially and temporally, taking into account the reports periodically submitted by the receiver and the Public Ministry (MP).

CORRUPTION IN BUSINESS DEALINGS BETWEEN PRIVATE PARTIES. Whoever, either by themselves or through an intermediary, obtains for a commercial enterprise, company, association, foundation or organization or for its owners, partners, directors or employees, an undue benefit or advantage, in exchange for favoring them or a third party over others and thereby seriously affects competition, shall be punished with imprisonment from two (2) to six (6) years, special disqualification from the exercise of industry or commerce for twice the duration of the prison sentence and a fine in an amount equal to or up to three times the value of the benefit or advantage. With the same sentences, the owner, partner, director, employee or collaborator of a commercial enterprise, or of a company, association, foundation or organization shall be punished who, in relation to acts of commerce and seriously affecting competition, by themselves or through an intermediary, receives a benefit or advantage of any kind that is not justified, in exchange for favoring the person granting the benefit or advantage over third parties.

CORRUPTION IN SPORTS. The provisions of the preceding article shall apply, in their respective cases, to the directors, administrators, employees or collaborators of a sports entity, whatever its legal form may be, as well as to athletes, referees or judges, with respect to those conducts that have the purpose of predetermining or deliberately and fraudulently altering the result of a professional sports competition, test or match.

PUNISHMENT OF PREPARATORY ACTS. Conspiracy, proposition or provocation to commit the offenses provided for in this chapter shall be punished with the sentences reduced by two thirds (2/3).

SPECIFIC MITIGATING CIRCUMSTANCES. The competent Judicial Body, taking into account the lesser amount of the benefit or value of the advantage and the limited significance of the position and functions of the guilty party in the organization, may impose the corresponding penalties reduced by one-third (1/3). CHAPTER IV CORPORATE CRIMES

FALSIFICATION OF ACCOUNTS, FINANCIAL INFORMATION OR OTHERS. De facto or de jure administrators of a company incorporated or in formation who falsify the annual accounts or financial information or other documents that must reflect the economic or legal situation of an entity, in a manner suitable to cause economic damage to the same, to any of its partners or to a third party, shall be punished with imprisonment from one (1) to four (4) years and a fine of two hundred (200) to six hundred (600) days, as well as special disqualification for twice the duration of the imprisonment. In the event that economic damage is produced, the penalty shall be increased by one-third (1/3) unless the application of other provisions of this Code results in a more severe penalty, in which case these shall be applied.

ABUSIVE MANAGEMENT. Those who, taking advantage of their majority position in the general assemblies of partners or shareholders or in the administrative body of any incorporated or forming company, impose abusive agreements, with intent to benefit themselves or others, to the detriment of other partners or shareholders and without reporting benefits to the company, shall be punished with imprisonment from one (1) to four (4) years or a fine equal to or up to triple the benefit obtained, and special disqualification from profession, trade, commerce and industry for twice the duration of the imprisonment.

OBTAINING AGREEMENT THROUGH FICTITIOUS MAJORITY. The previous penalty shall be aggravated by one-third (1/3) in those cases in which the abusive agreement is adopted, to the detriment of the company or any of its partners, by a fictitious majority, obtained by executing any of the following conducts:

• 1)

  Denying the right to vote to persons who legally have it recognized;

• 2)

  Granting the right to vote to persons who legally lack this right;

• 3)

  Abusing blank signature; or,

• 4)

  By any other means similar to the above. The foregoing shall be applied without prejudice to the penalties that correspond, if applicable, for the commission of other crimes.

DENIAL OR IMPEDIMENT OF CONTROL OF SUPERVISORY ENTITIES. De facto or de jure administrators of any incorporated or forming company, subject to or operating in markets subject to administrative regulation, who deny, impede or obstruct the actions of regulatory or supervisory entities, bodies or institutions, or of the persons in charge of these functions, shall be punished with imprisonment from one (1) to four (4) years, a fine of two hundred (200) to four hundred (400) days and special disqualification from profession, trade, commerce and industry for twice the duration of the imprisonment.

PROCEDURAL REQUIREMENT. The facts described in this chapter are only prosecutable through complaint by the injured person or their legal representative. When such person is a minor, person with a disability or helpless person, the Public Ministry (MP) may also file a complaint. The complaint required in the previous paragraph is not necessary when the commission of the crime affects the general interests of the company or an indeterminate plurality of persons.

DEFINITION OF COMPANY. For the purposes of this chapter, any cooperative, financial or credit entity, foundation, commercial company or any other entity of an analogous nature that permanently participates in the market shall be understood as a company. TITLE XXIV SMUGGLING AND CRIMES AGAINST PUBLIC TREASURY AND SOCIAL SECURITY CHAPTER I SMUGGLING

SMUGGLING. Commits the crime of smuggling whoever, without permission from the competent authority, imports or exports from the national territory, customs warehouses, general storage facilities, sites subject to the temporary import regime and free zones whatever their denomination or purpose, goods or merchandise of any kind, origin or provenance through unauthorized or non-authorized places, eluding in any way the intervention of customs or tax authorities, when the value of the goods or merchandise is equal to or greater than Fifty Thousand Lempiras (L.50,000) or when smuggling is carried out through an organized criminal group regardless of the value of the goods. If it is toxic drugs, narcotics, psychotropic substances, precursors, firearms, ammunition, explosives or any other goods whose possession constitutes a crime or may be harmful to health, public safety or the environment, the crime of smuggling shall not be applied. When the value of the goods or merchandise is equal to or greater than Fifty Thousand Lempiras (L.50,000), for purposes of this article, the following shall also be considered acts of smuggling: 1) The carrying out of commercial operations of merchandise of lawful commerce without complying with the legally established requirements for import and export, by not having obtained the prior authorization when required, or when it has been obtained by virtue of the omission of data or the contribution of false data or documents; and, 2) The possession of foreign merchandise not intended for personal use that lacks the proper authorization, or when the same has been obtained thanks to the omission of data or the contribution of false data or documents. The breaking, without authorization from the competent authority, of seals, marks, doors, containers or other security means of goods or merchandise is also considered smuggling, whether they are intended for the country or abroad.

PENALTIES FOR THE CRIME OF SMUGGLING. The crime of smuggling shall be punished with imprisonment from three (3) to five (5) years and a fine equivalent to double or triple the value of the goods or merchandise. The public employee or official who participates by action or omission in the crime of smuggling shall be punished with imprisonment increased by one-third (1/3), a fine equivalent to two hundred percent (200%) of the value of the goods or merchandise and special disqualification from public office or position from five (5) to ten (10) years. When the person responsible for the crime is a member of an organized criminal group, imprisonment increased by one-third (1/3) and a fine equivalent to two hundred percent (200%) of the value of the goods or merchandise shall be imposed. In any tax crime whether smuggling or tax fraud, by paying what was left unpaid to the State plus fifty percent (50%) of that value, the action shall be terminated, if it is in administrative proceedings at the Public Ministry (MP) by applying an opportunity criterion or through the conciliation mechanism if the case is already before the competent Judicial Body. These penalties are imposed without prejudice to those that additionally correspond for the specific crimes committed during the execution of the smuggling crime.

LIABILITY OF LEGAL PERSONS. When according to what is established in Article 102 of this Code, a legal person is liable for the crimes included in this chapter, a fine penalty of up to triple the benefit obtained or that could have been obtained, or the damage caused, shall be imposed. Additionally, any of the following sanctions may be imposed:

• 1)

  Suspension of the specific activities in which the crime was committed, for a period not exceeding five (5) years;

• 2)

  Closure of the premises and establishments that were used for the commission of the crime, for a period not exceeding five (5) years;

• 3)

  Prohibition from carrying out in the future the specific activities in the exercise of which the crime has been committed, favored or concealed;

• 4)

  Disqualification from obtaining public subsidies and aid, from contracting with the public sector and from enjoying fiscal or Social Security benefits and incentives, for a period not exceeding five (5) years;

• 5)

  Judicial intervention to safeguard the rights of workers or creditors for the time deemed necessary, but not exceeding five (5) years. This intervention may be total or partial, shall have the content set forth in the judicial resolution and may be modified by the competent Judicial Body, both materially and temporally, in accordance with the periodic reports made by the receiver and the Public Ministry (MP). CHAPTER II CRIMES AGAINST PUBLIC TREASURY

TAX FRAUD. Whoever defrauds the Public Treasury, by action or omission, evading the payment of taxes, tributes, contributions or fees, of amounts withheld or that should have been withheld, or obtaining improper refunds of amounts withheld against payment of the tax or improper tax benefits, in an amount equal to or greater than Fifty Thousand Lempiras (L.50,000) shall be punished with the following penalties: 1) With imprisonment from three (3) to six (6) years and a fine equivalent to one hundred twenty percent (120%) of the amount defrauded, if such amount does not exceed Two Hundred Fifty Thousand Lempiras (L.250,000); and, 2) With imprisonment from six (6) to ten (10) years and a fine equivalent to one hundred forty percent (140%) of the amount defrauded, if such amount exceeds Two Hundred Fifty Thousand Lempiras (L.250,000). The penalties established in the previous numerals are increased by one-third (1/3) when the person responsible is part of an organized criminal group or collaborates with it. The taxpayer obligated is exempt from criminal liability if they proceed to full recognition and payment of the tax debt with its surcharges and interest before the Public Ministry (MP) presents a request before the competent Judicial Body.

FRAUD OF SUBSIDIES AND AID. Commits fraud of subsidies whoever obtains subsidies or aid from the administration in an amount equal to or greater than Fifty Thousand Lempiras (L.50,000) by falsifying the necessary conditions for its obtaining or concealing those that prevent such obtaining. Also commits this crime whoever applies the referred amounts to purposes other than those for which a subsidy or aid has been obtained. Those guilty of the crime of fraud of subsidies or aid shall be punished in accordance with the following rules:

• 1)

  With imprisonment from three (3) to six (6) years and a fine equivalent to one hundred twenty percent (120%) of the amount defrauded, if such amount does not exceed Two Hundred Fifty Thousand Lempiras (L.250,000);

• 2)

  With imprisonment from six (6) to ten (10) years and a fine equivalent to one hundred forty percent (140%) of the amount defrauded, if such amount exceeds Two Hundred Fifty Thousand Lempiras (L.250,000). The penalties provided for in the previous numerals are increased by one-third (1/3) when the person responsible is part of an organized criminal group or collaborates with it. The person who received the subsidy or aid is exempt from criminal liability if they proceed to return what was received with its surcharges and interest before the Public Ministry presents a request before the competent Judicial Body.

ACCOUNTING CRIME. Whoever, being obligated by tax laws to maintain commercial accounting, books or tax registers, fails to comply with such obligation, maintains separate accounting that conceals the true situation of the company, does not record economic operations or does so falsely or reflecting fictitious operations, shall be punished with imprisonment from six (6) months to two (2) years, if thereby facilitating the commission of a crime of tax fraud or fraud of subsidies or a crime against Social Security or the Pension System. The provisions of this article apply unless the fact is punished with a greater penalty in another provision of this Code.

LIABILITY OF LEGAL PERSONS. When according to what is established in Article 102 of this Code, a legal person is liable for the crimes of tax fraud, fraud of subsidies or the accounting crime, it shall be imposed the penalties of disqualification from obtaining public subsidies and aid, from contracting with the public sector and from enjoying fiscal or Social Security benefits and incentives, for a period not exceeding five (5) years and a fine equal to or up to double the value of the amount defrauded. CHAPTER III CRIMES AGAINST SOCIAL SECURITY

FRAUD TO SOCIAL SECURITY OR THE PENSION SYSTEM. Commits the crime of fraud to Social Security or the Pension System whoever defrauds them, by action or omission, evading the payment of the corresponding contributions or improperly obtaining refunds or deductions for any reason, in an amount equal to or greater than Fifty Thousand Lempiras (L.50,000). For purposes of determining the previous amount, the total amount defrauded during four (4) calendar years is considered. The conduct described in the first paragraph shall be punished in accordance with the following rules: 1) With imprisonment from six (6) to eight (8) years and a fine equivalent to one hundred twenty percent (120%) of the amount defrauded, if such amount does not exceed Two Hundred Fifty Thousand Lempiras (L.250,000); and, 2) With imprisonment from eight (8) to ten (10) years and a fine equal to one hundred forty percent (140%) of the amount defrauded, if such amount exceeds Two Hundred Fifty Thousand Lempiras (L.250,000). The penalties previously described shall be reduced by one-half (1/2) when the obligated party proceeds to full recognition and payment of the debt with its surcharges and interest before the competent authority makes a payment request, inspection order or any other action aimed at verifying compliance with the provisions on collection.

IMPROPER APPROPRIATION OF CONTRIBUTIONS OR QUOTAS. Whoever appropriates contributions or quotas to Social Security or the Pension System or consents to others appropriating them, shall be punished with imprisonment of ten (10) to fifteen (15) years, special disqualification from any public employment or office for a period of fifteen (15) to twenty (20) years, and a fine equal to or up to two hundred percent (200%) of the value improperly appropriated.

RESPONSIBILITY OF LEGAL PERSONS. When, in accordance with Article 102 of this Code, a legal person is responsible for the offenses contained in this chapter, a fine of five hundred (500) to two thousand (2000) days shall be imposed. Additionally, any of the following sanctions may be imposed:

• 1)

  Suspension of the specific activities in which the offense was committed, for a period not exceeding five (5) years;

• 2)

  Closure of the premises and establishments used for the commission of the offense, for a period not exceeding five (5) years;

• 3)

  Prohibition from conducting in the future the specific activities in whose exercise the offense has been committed, favored, or concealed;

• 4)

  Disqualification from obtaining public subsidies and aid, from contracting with the public sector, and from enjoying fiscal benefits and incentives or Social Security benefits, for a period not exceeding fifteen (15) years; and,

• 5)

  Judicial intervention to safeguard the rights of workers or creditors for the time deemed necessary, but not exceeding five (5) years. This intervention may be total or partial, shall have the content fixed in the judicial resolution, and may be modified by the competent Judicial Body, both materially and temporally, in accordance with reports periodically submitted by the receiver and the Public Ministry (MP).

RECEIVING STOLEN GOODS. Whoever, with intent to profit and knowledge of the commission of an offense in which he has not participated as either author or accomplice, assists those responsible in benefiting from the goods or effects derived therefrom, or receives, acquires, or conceals such effects, shall be punished with the penalty corresponding to the offense from which the goods or effects are derived, reduced by one-third (1/3).

MONEY LAUNDERING. Any person who, directly or through an intermediary, acquires, invests, possesses, uses, transforms, safeguards, manages, holds in custody, transports, transfers, preserves, moves, conceals, gives the appearance of legality to, or prevents the determination of the origin or true nature, as well as the location, destination, movement, or ownership of assets that are direct or indirect products of any serious offense and in all cases of the offenses of illicit drug trafficking, human trafficking, illegal trafficking of persons or firearms, counterfeiting of currency, trafficking in human organs, theft or robbery of motor vehicles, robbery of financial institutions, fraud or financial swindles, kidnapping, threats or extortion, extortion, financing of terrorism, terrorism, embezzlement of public funds, bribery, influence peddling, offenses against intellectual and industrial property, cultural heritage, sexual exploitation and child pornography, urban planning, exploitation of natural resources and environmental offenses, smuggling, or illicit enrichment, committed by him or by a third party, or that lack cause or legitimate economic or lawful justification for their origin, shall incur in money laundering. The conduct described in the foregoing paragraph shall be punished in accordance with the following rules: 1) When the value of the assets subject to laundering does not exceed Two Million Lempiras (L.2,000,000), imprisonment of five (5) to eight (8) years and a fine equal to fifty percent (50%) of said value shall be imposed; 2) When the value of the assets subject to laundering exceeds Two Million Lempiras (2,000,000) and does not exceed Five Million Lempiras (5,000,000), imprisonment of eight (8) to ten (10) years and a fine equal to one hundred percent (100%) of said value shall be imposed; and, 3) When the value of the assets subject to laundering exceeds Five Million Lempiras (5,000,000), imprisonment of ten (10) to thirteen (13) years and a fine equal to one hundred fifty percent (150%) of said value shall be imposed. The penalties established in the foregoing numerals shall be reduced by half when it is a matter of possession or use of assets without title by persons united by personal or family relationship with the person responsible for the act. The foregoing penalties shall be increased by one-fourth (1/4) in the following cases:

• 1)

  When the assets or goods come from offenses related to drug trafficking, terrorism, extortion, or sexual exploitation offenses;

• 2)

  When the money laundering activity is carried out through an organized criminal group. If the person responsible is a promoter, leader, chief, or boss of the organized criminal group, the penalty shall be increased by one-third (1/3); or,

• 3)

  When the person responsible is a professional in the financial or non-financial sector, appointed, stock market, or banking sector in the exercise of his profession, or a public official or employee in the exercise of his position. In these cases, absolute disqualification shall be imposed, in addition, for double the time of the imprisonment penalty.

RECKLESS MONEY LAUNDERING. If the acts referred to in the foregoing article are committed through gross negligence, the person responsible shall be punished with imprisonment of one (1) to five (5) years and a fine of two hundred (200) to five hundred (500) days.

PUNISHMENT OF PREPARATORY ACTS. The conspiracy, proposition, or provocation to commit the offense of money laundering shall be punished with the corresponding penalty reduced by two-thirds (2/3).

STRAW MAN. Whoever lends his name in real or simulated acts or contracts, whether civil or commercial in nature, that refer to the acquisition, transfer, or administration of assets that come directly or indirectly from any of the activities referred to in the offense of money laundering, shall be punished with imprisonment of five (5) to eight (8) years and a fine of two hundred (200) to five hundred (500) days.

BREACH OF CONFIDENTIALITY. Obligated subjects, in accordance with the legislation on prevention of money laundering, who disclose to any person the fact that information has been requested by competent authorities or provided to them, shall be punished with imprisonment of one (1) to three (3) years. Directors, owners, or de facto or de jure representatives of obligated institutions who violate the aforementioned prohibition shall incur in the same offense.

RESPONSIBILITY OF LEGAL PERSONS. When, in accordance with Article 102 of this Code, a legal person is responsible for an offense of money laundering, the penalty of dissolution of the legal person or a fine equal to double or up to five (5) times the value of the assets subject to laundering shall be imposed. In the latter case and additionally, any of the following sanctions may be imposed:

• 1)

  Suspension of the specific activities in which the offense was committed, for a period not exceeding five (5) years;

• 2)

  Closure of the premises and establishments used for the commission of the offense, for a period not exceeding five (5) years;

• 3)

  Prohibition from conducting in the future the specific activities in whose exercise the offense has been committed, favored, or concealed, for a period not exceeding five (5) years;

• 4)

  Disqualification from obtaining public subsidies and aid, from contracting with the public sector, and from enjoying fiscal benefits and incentives or Social Security benefits, for a period not exceeding fifteen (15) years; and,

• 5)

  Judicial intervention to safeguard the rights of workers or creditors.

EXTENSION OF JURISDICTION. The person responsible for the offense of money laundering shall equally be punished even though the offense from which the assets originate or the punished acts referred to in the foregoing articles have been committed, in whole or in part, abroad.

PENALTY. The penalties provided for in this title shall be imposed without prejudice to those corresponding to the offenses that originate the assets subject to laundering.

COUNTERFEITING OF CURRENCY. Whoever alters or unlawfully or fraudulently manufactures coins or fabricates counterfeit coins shall be punished with imprisonment of six (6) to ten (10) years and a fine equal to or up to ten (10) times the apparent value of the coin. For all purposes, counterfeit currency shall be understood as objects or documents manufactured by persons or entities other than the Central Bank of Honduras (BCH), with the purpose of serving as conventional currency alternative to that of legal tender. Currency is understood to mean metallic currency and paper currency of legal tender. Foreign currencies of identical nature shall be equated to national currency.

TRAFFICKING IN COUNTERFEIT COINS. Whoever sells, circulates, distributes, introduces into the country, or exports counterfeit, altered, or unlawfully or fraudulently manufactured coins, knowing of their falsity or alteration, shall be punished with the same penalties established for counterfeiting.

POSSESSION OF COUNTERFEIT CURRENCY FOR CIRCULATION. Whoever acquires or receives counterfeit, altered, or unlawfully or fraudulently manufactured coins for their circulation or distribution shall be punished with imprisonment of five (5) to eight (8) years.

MANUFACTURE OR POSSESSION OF INSTRUMENTS FOR COUNTERFEITING CURRENCY. The manufacture or possession of tools, materials, instruments, apparatus, substances, data, computer programs, or other means specifically dedicated by nature or purpose to the counterfeiting of currency shall be punished with imprisonment of four (4) to six (6) years.

SPECIFIC AGGRAVATING CIRCUMSTANCES. If the perpetrator belongs to an organized criminal group engaged in the commission of any of the offenses comprised in this chapter, the respective penalties shall be imposed increased by one-third (1/3). If the perpetrator of the offenses provided for in this chapter is a public official or employee in the exercise of their functions, the penalty of special disqualification from employment or public office for a period of ten (10) to fifteen (15) years must be imposed in addition.

INTERNATIONAL RECIDIVISM. A conviction by a foreign Judicial Body for offenses of the same nature as those provided for in this chapter produces the effects of recidivism, provided that the criminal records have not been cancelled or could have been cancelled in accordance with Honduran law. CHAPTER II FALSIFICATION OF SEALS AND OTHER STAMPED DOCUMENTS

FALSIFICATION OF SEALS AND OTHER STAMPED DOCUMENTS. Whoever alters or fraudulently produces seals and other stamped documents or manufactures any class of false stamped documents must be punished with imprisonment of two (2) to five (5) years. The reuse of original stamped documents is equivalent to false stamped documents.

TRAFFICKING IN FALSE SEALS AND OTHER STAMPED DOCUMENTS. Whoever sells, circulates, distributes or introduces into the country false seals and other stamped documents, without having participated in their falsification, must be punished with the same penalty established for their falsification.

SPECIFIC AGGRAVATING CIRCUMSTANCES. If the perpetrator belongs to an organized criminal group engaged in the commission of any of the offenses comprised in this chapter, the respective penalties shall be imposed increased by two-thirds (2/3). If the perpetrator of the offenses provided for in this chapter is a public official or employee in the exercise of their functions, the penalty of special disqualification from employment or public office for a period of five (5) to eight (8) years must be imposed in addition. CHAPTER III DOCUMENTARY FALSITIES SECTION I FALSITY IN PUBLIC AND COMMERCIAL DOCUMENTS.

FALSIFICATION OF PUBLIC AND COMMERCIAL DOCUMENTS. Commits falsity in a public or commercial document whoever executes any of the following conduct:

• 1)

  Alters, destroys, suppresses or conceals a document in any of its essential elements;

• 2)

  Simulates a document in whole or in part, in a manner that induces error regarding its authenticity; or,

• 3)

  Fails to tell the truth in the narration of facts, or inserts declarations or manifestations different from the true ones or that have not taken place, in a manner that induces error regarding the veracity of the document in any of its essential elements. The crime of falsity described in the preceding numerals must be punished with imprisonment of two (2) to five (5) years and a fine of two hundred forty (240) to four hundred (400) days if it concerns a commercial document, and four (4) to eight (8) years imprisonment and a fine of three hundred (300) to five hundred (500) days if it concerns a public document.

RESPONSIBILITY OF RELIGIOUS MINISTERS. The religious minister who commits any of the conduct described in the preceding article with respect to documents concerning religious acts that may produce effects on the status of persons or on the civil order must be imposed, in addition to the penalty for falsity, disqualification from performing the mentioned acts for a period of five (5) to ten (10) years.

RESPONSIBILITY OF PUBLIC OFFICIAL OR EMPLOYEE. If the perpetrator of the crime of falsity described in Article 456 of this Code is a public official or employee in the exercise of their functions, the penalty of special disqualification from employment or public office for a period of six (6) to twelve (12) years must be imposed in addition. The public official or employee who, in the exercise of their functions, commits by gross negligence any of the falsities provided for in Article 456 of this Code or allows another to commit them, must be punished with imprisonment of one (1) to three (3) years or a fine of one hundred (100) to three hundred (300) days, and special disqualification from employment or public office for a period of one (1) to five (5) years.

USE OF FALSE DOCUMENT. Whoever, without having participated in its falsification, presents in court a false document comprised in Article 456 of this Code, or makes use of said document causing harm to third parties, must be punished with the imprisonment penalty established for falsification, reduced by one-third (1/3).

TRAFFICKING IN FALSE IDENTITY DOCUMENTS. Whoever without having participated in their falsification, traffics in any manner with false identity documents, must be punished with the same penalties established in Article 456 of this Code. SECTION II FALSITY IN PRIVATE DOCUMENTS

FALSIFICATION OF PRIVATE DOCUMENTS. Whoever, in order to harm another, commits in a private document any of the falsities provided for in Article 456 of this Code, must be punished with imprisonment of one (1) to three (3) years.

USE OF FALSE PRIVATE DOCUMENTS. Whoever without having participated in their falsification, presents in court or causes harm to third parties by making use of the false documents referred to in the preceding article, must be punished with the penalty established for falsification, reduced by one-third (1/3). SECTION III FALSIFICATION OF CREDIT AND DEBIT CARDS, TRAVELER'S CHECKS AND FINANCIAL INSTRUMENTS.

FALSIFICATION OF BANK CARDS AND TRAVELER'S CHECKS. Whoever alters, copies, reproduces or in any other manner falsifies credit or debit bank cards or traveler's checks and financial system checks must be punished with the penalties established for falsification of currency. Whoever commercializes in Honduras credit cards issued abroad by an operator not domiciled in the country, and those who act in Honduras as agents placing the same, must be punished with the penalties referred to in the preceding paragraph.

TRAFFICKING IN FALSE BANK CARDS OR TRAVELER'S CHECKS. Whoever without having participated in their falsification, sells or distributes falsified credit or debit bank cards or traveler's checks must be punished with the penalties established for falsification of currency.

POSSESSION OF FALSE BANK CARDS OR TRAVELER'S CHECKS FOR PUTTING INTO CIRCULATION. Whoever acquires or receives falsified credit or debit bank cards or traveler's checks for their issuance or distribution must be punished with imprisonment of five (5) to eight (8) years.

MANUFACTURE OR POSSESSION OF INSTRUMENTS FOR THE FALSIFICATION OF BANK CARDS AND TRAVELER'S CHECKS. The production or possession of tools, materials, instruments, apparatus, substances, data, computer programs or other means specifically dedicated by nature or purpose to falsification, shall be punished with a prison sentence of four (4) to six (6) years.

FALSITY IN FINANCIAL INSTRUMENTS. Whoever, as a de facto or de jure administrator of a securities-issuing company whose securities are traded on the securities markets and to the detriment of another, falsifies the economic-financial information contained in the prospectuses for the issuance of any financial instruments, with the purpose of placing any type of financial asset or obtaining financing by any means, shall be punished with prison sentences of two (2) to five (5) years and a fine of three hundred fifty (350) to seven hundred (700) days. The penalty provided in the preceding paragraph shall be applied to whoever conducts securities operations for which they are not authorized, operates as a securities agency without having made the corresponding registration in the registers, or claims to have conducted stock exchange transactions without having registered them. The penalty shall be increased by one-third (1/3) when: 1) Investment, deposit, placement of the asset, or financing is obtained; or, 2) The harm caused is of notable severity.

SPECIFIC AGGRAVATING CIRCUMSTANCES. If the culprit belongs to an organized criminal group engaged in the commission of any of the offenses included in this section, shall be punished with the respective penalty increased by one-third (1/3).

LIABILITY OF LEGAL PERSONS. When, in accordance with what is established in Article 102 of this Code, a legal person is responsible for the offenses included in this section, a penalty of a fine in an amount equal to or up to triple the benefit obtained or intended shall be imposed upon it. CHAPTER IV PERSONAL FALSITIES

USURPATION OF ANOTHER'S PERSONALITY. Whoever attributes to themselves the identity of another person or those attributes or qualities that legally identify them, with the purpose of obtaining profit for themselves or a third party or to cause harm to another, shall be punished with a prison sentence of one (1) to four (4) years.

USURPATION OF PUBLIC FUNCTIONS. Whoever illegitimately exercises acts proper to a public official or employee, attributing that quality to themselves, shall be punished with a prison sentence of one (1) to four (4) years.

PROFESSIONAL UNLICENSED PRACTICE. Whoever exercises acts proper to a profession without possessing the corresponding academic degree or the corresponding authorization in accordance with current legislation, shall be punished with a prison sentence of one (1) to three (3) years.

IMPROPER USE OF UNIFORM, INSIGNIA AND POLICE OR MILITARY EQUIPMENT. Whoever without authorization publicly uses uniform, insignia or equipment exclusively belonging to the State Security and Investigation Bodies or the Armed Forces, shall be punished with a prison sentence of two (2) to four (4) years or a fine of two hundred (200) to four hundred (400) days. The penalty to be imposed shall be a prison sentence of four (4) to eight (8) years if the uniform, insignia or equipment mentioned in the preceding paragraph are used to facilitate or cover up the commission of an offense. If such items are possessed for such purposes, the prison sentence shall be two (2) to four (4) years. TITLE XXVII OFFENSES AGAINST PUBLIC ADMINISTRATION CHAPTER I EMBEZZLEMENT OF PUBLIC FUNDS

EMBEZZLEMENT BY APPROPRIATION. The public official or employee who appropriates, directly or indirectly, for their own benefit or that of a third party, property of the State whose administration, custody or safekeeping has been entrusted to them by reason of or on the occasion of their functions, shall be punished with prison sentences of four (4) to six (6) years, a fine in an amount equal to or up to triple the value of what was embezzled, and absolute disqualification for twice the length of the prison sentence imposed.

EMBEZZLEMENT BY USE. The public official or employee who improperly uses or permits another to use property of the State whose administration, custody or safekeeping is entrusted to them by reason of their functions, and thereby causes harm to public patrimony, shall be punished with prison sentences of four (4) to six (6) years, a fine in an amount equal to or up to triple the value of what was embezzled, and absolute disqualification for twice the length of the prison sentence imposed.

EMBEZZLEMENT BY IMPROPER APPLICATION. The public official or employee who improperly gives a different application to that which has been officially conferred upon property of the State, and thereby causes harm to public patrimony, shall be punished with prison sentences of four (4) to six (6) years, a fine in an amount equal to or up to triple the value of what was embezzled, and absolute disqualification for twice the length of the prison sentence imposed.

DISLOYAL ADMINISTRATION OF PUBLIC PATRIMONY. The public official or employee who, outside the preceding cases and exceeding their authority to administer public patrimony, violates them and thereby causes harm to the patrimony administered, shall be punished with prison sentences of four (4) to six (6) years, a fine in an amount equal to or up to triple the value of what was embezzled, and absolute disqualification for twice the length of the prison sentence imposed.

SPECIFIC AGGRAVATING CIRCUMSTANCES. The acts referred to in the preceding articles shall be punished with a prison sentence of six (6) to nine (9) years, a fine in an amount equal to double or up to four (4) times the value of what was embezzled, and absolute disqualification for twice the length of the prison sentence imposed, if the amount of what was embezzled or the harm caused exceeds One Hundred Thousand Lempiras (L.100,000). The penalties respectively provided for in each case shall be imposed, increased by one-third (1/3), if any of the following circumstances occur: 1) The acts fall upon public property of historical, cultural or artistic value; or, 2) The acts fall upon property intended for public services of basic necessity, health or social welfare institutions.

SPECIFIC MITIGATING CIRCUMSTANCES. The penalties provided in the preceding Articles may be reduced by up to two-thirds (2/3) when any of the following circumstances occur: 1) The value of the harm caused or of the property appropriated is less than Twenty Thousand Lempiras (L.20,000); or, 2) The subject has returned the property or repaired the harm caused before investigations are directed against them.

NEGLIGENT EMBEZZLEMENT. The public official or employee who through grave negligence mislays, damages or permits others to unlawfully appropriate property of the State whose administration, custody or safekeeping has been entrusted to them by reason of or on the occasion of their functions, and thereby causes harm to public patrimony exceeding Twenty Thousand Lempiras (L.20,000.00) shall be punished with a prison sentence of six (6) months to three (3) years, a fine in an amount equal to or up to double the harm caused, and special disqualification from exercising public employment or office for a period of one (1) to four (4) years.

GENERAL PROVISIONS. The provisions of this chapter shall apply in the following cases:

• 1)

  To those responsible in any capacity for funds, revenues, assets or property of the Public Administration;

• 2)

  To natural persons or civil entities that manage assets or property of the State or receive transfers of funds intended for public services through state budget items, including unions, political parties, rural cooperative enterprises, cooperatives, boards of trustees, charitable, sports and religious associations; and,

• 3)

  To administrators or custodians of money or property whose safekeeping has been entrusted to them by public authority, even though they belong to private individuals. For the purposes provided in this chapter, State property is understood to mean assets of any kind that are of public ownership, those of private ownership that are under the administration or custody of the State, as well as documents or legal instruments that accredit said ownership or other rights over such assets. CHAPTER II FRAUDS AND ILLEGAL EXACTIONS

FRAUD. The public official or employee who, intervening by reason of his office in any of the modalities of public contracting or in liquidations of public funds or emoluments, conspires with the interested parties or uses another artifice to defraud any public entity, must be punished with sentences of imprisonment of five (5) to seven (7) years, a fine in an amount equal to or up to triple the value of the amount defrauded and absolute disqualification for twice the length of the prison sentence. The private individual who conspires with the public official or employee for the purposes of the preceding paragraph must be punished with the same sentences of imprisonment and fine, plus disqualification from obtaining public subsidies and aid, contracting with the public sector and enjoying benefits or tax or Social Security incentives for twice the length of the prison sentence.

ILLEGAL EXACTIONS. The public official or employee who directly or indirectly demands the payment, for himself or a third party, of a tax, contribution, tariff, rate or any other amount that is not due or in an amount greater than that legally set, must be punished with imprisonment of three (3) to six (6) years and special disqualification from public office or position for twice the length of the prison sentence. The aforementioned penalties must be imposed without prejudice to those that may correspond for the use of violence or coercive or intimidatory methods used to collect the illegal exaction. CHAPTER III ILLICIT ENRICHMENT

ILLICIT ENRICHMENT. The public official or employee who increases his or her assets by more than Five Hundred Thousand Lempiras (L.500,000) in excess of his or her legitimate income during the exercise of his or her duties and up to two (2) years after ceasing in them and for reasons that cannot be reasonably justified, must be punished with sentences of imprisonment of four (4) to six (6) years, a fine in an amount equal to or up to triple the illicitly obtained enrichment and absolute disqualification for twice the length of the prison sentence. The facts referred to in the preceding paragraph must be punished with the prison sentence increased by one third (1/3), a fine in an amount equal to or up to four (4) times the improperly obtained enrichment and absolute disqualification for twice the length of the prison sentence, if the amount of illicit enrichment exceeds One Million Lempiras (L.1,000,000). CHAPTER IV NEGOTIATIONS INCOMPATIBLE WITH THE EXERCISE OF PUBLIC FUNCTIONS AND ABUSES IN THE EXERCISE OF OFFICE

INCOMPATIBLE NEGOTIATIONS BY PUBLIC OFFICIAL OR EMPLOYEE. The public official or employee who, being required to intervene by reason of his office in any kind of contract, matter, operation or activity, takes advantage of such circumstance to force or facilitate, for himself or a third party, any form of participation, direct or through an intermediary, in such business or transactions, must be punished with sentences of imprisonment of three (3) to five (5) years and a fine in an amount equal to or up to triple the benefit obtained or pursued and special disqualification from the exercise of public office or position for twice the length of the prison sentence.

INCOMPATIBLE NEGOTIATIONS BY EXPERTS, ARBITRATORS AND ACCOUNTANTS. Experts, arbitrators and accountants who conduct themselves in the manner provided in the preceding article with respect to property or things in whose appraisal, partition or adjudication they intervene and guardians, curators or executors with respect to those belonging to their wards or estates, as well as court-appointed administrators with respect to the assets and rights comprised in the estate of bankruptcy or insolvency proceedings, must be punished with sentences of three (3) to five (5) years of imprisonment, a fine in an amount equal to or up to triple the benefit obtained or pursued and special disqualification from public employment or office, profession or trade, guardianship, custody or curatorship, as appropriate, for twice the length of the prison sentence.

ILLEGAL ADVISORY SERVICES. The public official or employee who, outside the cases permitted by laws or regulations, engages by himself or through an intermediary in professional or advisory activity on a permanent or occasional basis, under the dependence or in the service of private entities or private individuals in a matter in which he must intervene or has intervened by reason of his office, or in matters that are processed, opined upon, reported on or decided in the agency or administrative unit in which he is assigned or which he depends, must be punished with sentences of a fine of one hundred (100) to four hundred (400) days and special disqualification from the exercise of public office or position of one (1) to three (3) years.

USE OF PRIVILEGED INFORMATION. The public official or employee who makes use of a secret or information of which he has exclusive knowledge by reason of his office or position to obtain an economic benefit for himself or a third party, must be punished with sentences of a fine in an amount equal to or up to triple the benefit obtained, pursued or facilitated, or a fine of four hundred (400) days if the benefit could not be quantified, plus special disqualification from the exercise of public office or position of three (3) to five (5) years. If the aforementioned facts cause serious harm to the public interest, the sentences of imprisonment of one (1) to three (3) years, a fine in an amount equal to or up to four (4) times the benefit or damage caused and absolute disqualification of four (4) to six (6) years must be imposed.

REQUEST FOR ACTS OF SEXUAL CONTENT. The public official or employee who sexually solicits in any manner a person who has pending claims, resolutions, opinions, reports or processing by him, for the benefit of that person himself or for a third party with whom he is linked by kinship or affection, must be punished with sentences of imprisonment of one (1) to two (2) years, a fine of one hundred (100) to two hundred (200) days and absolute disqualification for a period of five (5) to ten (10) years. The public official or employee assigned to penitentiary establishments or protection or detention centers for adjudicated minors who sexually solicits a person subject to his custody or a third party linked to the ward by kinship or affection, must be punished with sentences of imprisonment of two (2) to four (4) years, a fine of two hundred (200) to three hundred (300) days and absolute disqualification for a period of six (6) to twelve (12) years. The penalties provided in the preceding paragraphs must be imposed without prejudice to those that correspond for crimes against sexual liberty actually committed. CHAPTER V TRAFFICKING IN INFLUENCE

TRAFFICKING IN INFLUENCE COMMITTED BY PUBLIC OFFICIAL. The public official or employee who influences another public official or employee by availing himself of the exercise of the faculties of his office or of any other situation derived from his personal or hierarchical relationship with him or with another public official or employee, to obtain an act or resolution of public nature that could generate directly or indirectly an undue benefit or advantage of any nature for himself or a third party, must be punished with sentences of imprisonment of two (2) to five (5) years, a fine of one hundred (100) to three hundred (300) days and absolute disqualification for twice the length of the prison sentence. If he obtains the benefit pursued, the sentences are increased by one third (1/3).

TRAFFICKING IN INFLUENCE COMMITTED BY A PRIVATE INDIVIDUAL. The private individual who influences a public official or employee, by availing himself of any situation derived from his personal relationship with him or with another public official or employee, to obtain a resolution of public nature that could generate directly or indirectly an undue benefit or advantage of any nature for himself or a third party, must be punished with sentences of imprisonment of one (1) to three (3) years, a fine of one hundred (100) to three hundred (300) days and disqualification from obtaining public subsidies and aid, contracting with the public sector and obtaining tax or Social Security benefits or incentives for twice the length of the prison sentence. If he obtains the benefit pursued, the sentences are increased by one third (1/3). CHAPTER VI BRIBERY

PROPER BRIBERY. The public official or employee who, for his own benefit or that of a third party, receives, solicits or accepts, by himself or through another person or entity, a gift, favor, promise or compensation of any kind to perform in the exercise of his office an act contrary to the duties inherent to it, or to omit or unjustifiably delay the one he should perform, must be punished with sentences of imprisonment of five (5) to seven (7) years, a fine in an amount equal to or up to triple the value of the gift or compensation and absolute disqualification for twice the length of the prison sentence. If the act performed, omitted or delayed by reason of the compensation or promise constitutes a criminal offense, the sentences to be imposed are increased by one third (1/3), without prejudice to additionally imposing those that correspond for the crime or misdemeanor committed.

IMPROPER BRIBERY. The public official or employee who, for his own benefit or that of a third party, receives, solicits or accepts, by himself or through an intermediary, a gift, favor, promise or compensation of any kind to perform an act proper to his office, must be punished with the sentence of imprisonment of three (3) to six (6) years, a fine in an amount equal to or up to triple the value of the gift or compensation, and absolute disqualification for twice the length of the prison sentence.

BRIBERY SUBSEQUENT TO THE ACT. The penalties provided in the preceding articles must be imposed, in their respective cases, when the gift, favor, promise or compensation is received, solicited or accepted by the public official or employee as compensation for the conduct described in said articles.

BRIBERY IN CONSIDERATION OF OFFICE. The public official or employee who, for his own benefit or that of a third party, accepts, by himself or through an intermediary, a gift or present that is offered to him in consideration of his office or function, must be punished with the sentence of imprisonment of six (6) months to two (2) years, a fine of one hundred (100) to two hundred (200) days and special disqualification from public office or position of one (1) to three (3) years. For the purposes of this Article, it is understood that the obtaining of an economic advantage equivalent to an amount greater than Five Thousand Lempiras (L.5,000) constitutes a gift or present.

BRIBERY COMMITTED BY A PRIVATE PARTY. Whoever offers or delivers, whether directly or through an intermediary, a gift, favor, promise, or compensation of any kind to a public official or employee for the purposes described in the preceding articles, shall be punished, in their respective cases, with the same prison sentences and fines as the corrupt public official or employee, as well as disqualification from obtaining public subsidies and aid, contracting with the public sector, and obtaining tax or Social Security benefits or incentives for double the length of the prison sentence. The same penalties shall be imposed when the aforementioned conduct is carried out to corrupt foreign public officials or employees.

EXTORTION. The public official or employee who, abusing their position or functions, demands, compels, forces, or induces someone to give or promise to the same official or employee or to a third party, money or any other undue benefit, shall incur a prison sentence of five (5) to seven (7) years, a fine of one hundred (100) to four hundred (400) days, and absolute disqualification for double the length of the prison sentence.

ADMINISTRATIVE ABUSE OF AUTHORITY. The public official or employee who, knowingly of its injustice, issues an arbitrary decision in an administrative matter, shall be punished with the penalty of special disqualification for public office or position of five (5) to ten (10) years. If the arbitrary decision is manifestly unjust and is issued due to gross negligence, it shall be punished with the penalty of special disqualification for public office or position of three (3) to five (5) years.

ABUSE OF AUTHORITY. The public official or employee who commits the crime of abuse of authority and shall be punished with the penalty of special disqualification for public employment or office of three (3) to six (6) years, shall execute any of the following conduct:

• 1)

  Openly refuses to comply with judicial decisions, rulings, or orders from the competent authority clothed with the corresponding legal formalities. Notwithstanding the foregoing, there is no criminal liability for whoever does not comply with a mandate that constitutes a clear, manifest, and absolute violation of any legal provision;

• 2)

  Improperly omits, refuses, or delays any act proper to the functions performed. In case the acts refer to tasks of justice, public order, education, or public health and require immediate compliance, the penalty shall be increased by one-third (1/3);

• 3)

  When required by competent authority, fails to render due cooperation for the Administration of Justice or other public service; and,

• 4)

  When required by a private party to render some assistance to which they are obligated by reason of their office to prevent a crime or other harm, abstains from rendering it.

ANTICIPATION, PROLONGATION, AND ABANDONMENT OF PUBLIC FUNCTIONS. Whoever begins to perform a public office or employment without meeting the legally established requirements, shall be punished with the penalty of special disqualification for public employment or office of one (1) to three (3) years and a fine of one hundred (100) to three hundred (300) days. The public official or employee who proposes, appoints, or takes possession for public office or employment of a person who does not meet the legally established requirements, shall be punished with the penalty of special disqualification for public employment or office of five (5) to ten (10) years and a fine of one hundred (100) to three hundred (300) days. With the same penalty as in the preceding paragraph shall be punished whoever continues performing public office or employment which they should have ceased according to law. The public official or employee who abandons their office without having been granted resignation from it, shall be punished with the penalty of special disqualification for public employment or office of one (1) to three (3) years and a fine of one hundred (100) to three hundred (300) days.

ABSTRACTION, DESTRUCTION, CONCEALMENT, OR RENDERING USELESS OF A DOCUMENT IN CUSTODY. The public official or employee who, knowingly, abstracts, destroys, renders useless, or conceals, in whole or in part, documents whose custody is entrusted to them by reason of their office, shall be punished with a prison sentence of two (2) to four (4) years, a fine of two hundred (200) to four hundred (400) days, and special disqualification for a period of five (5) to ten (10) years.

FACILITATING DESTRUCTION OF A DOCUMENT IN CUSTODY. The public official or employee who, by reason of their office, has the custody of documents with respect to which the competent authority has restricted access, and who knowingly destroys or renders useless the means put in place to prevent such access or consents to their destruction or rendering useless, shall be punished with a prison sentence of one (

• 1)

  to two (

• 2)

  years, a fine of one hundred (100) to two hundred (200) days, and special disqualification of three (

• 3)

  to five (5) years. The private party who destroys or renders useless the means referred to in the preceding paragraph, shall be punished with a fine of fifty (50) to one hundred (100) days.

ACCESS TO SECRET DOCUMENTS. The public official or employee not covered by the preceding article who, knowingly and without proper authorization, accesses or permits access to secret documents whose custody is entrusted to them by reason of their office, shall incur a fine of two hundred (200) to four hundred (400) days and special disqualification for public employment or office of five (5) to ten (10) years.

LIABILITY OF PRIVATE PARTIES. Private parties who accidentally take charge of the dispatch or custody of documents, by commission of the Government or of the public authorities or officials to whom they have been entrusted by reason of their office, shall be punished with the same penalties as in the preceding articles when they incur in the conduct described therein.

DISCLOSURE OF SECRETS. The public official or employee who discloses information which they know by reason of their office or position and which should not be divulged, shall be punished with a prison sentence of six (6) months to one (

• 1)

  year, a fine of four hundred (400) to eight hundred (800) days, and special disqualification for public employment or office for a period of three (3) to six (6) years. If the disclosed information is protected by secrets in accordance with applicable law, shall be punished with a prison sentence of two (

• 2)

  to four (4) years, a fine of four hundred (400) to eight hundred (800) days, and special disqualification for public employment or office for a period of three (

• 3)

  to six (6) years. If the disclosure referred to in the preceding paragraphs results in serious harm to the public interest or to third parties, the penalties shall be increased by one-third (1/3). If it concerns secrets of a private party, the penalties shall be a prison sentence of two (2) to four (

• 4)

  years, a fine of four hundred (400) to eight hundred (800) days, and special disqualification for public employment or office for a period of three (3) to six (6) years.

USE OF SECRET OR PRIVILEGED INFORMATION. The private party who obtains an undue benefit for themselves or for a third party, as a consequence of the secret or privileged information that they have obtained from a public official or authority, shall be punished with a prison sentence of six (6) months to one (1) year, a fine equal to or up to three (3) times the benefit obtained or attempted, and disqualification from obtaining public subsidies and aid, from contracting with the public sector, and from enjoying tax benefits and incentives or Social Security benefits for a period of two (2) to four (4) years. If serious harm to the public interest or to third parties results, the penalties shall be increased by one-third (1/3).

USURPATION OF FUNCTIONS AND SIMULATION OF OFFICE BY A PRIVATE PARTY. Whoever without legal authorization exercises acts proper to a public official or employee, claiming an official character, shall be punished with a prison sentence of six (6) months to two (2) years and a fine of one hundred (100) to two hundred (200) days.

SPECIFIC AGGRAVATING CIRCUMSTANCES. The penalties provided for in this title may be increased up to a maximum of one-fourth (1/4) when any of the following circumstances concur:

• 1)

  The crime causes serious harm to a public service; or,

• 2)

  The acts are committed within an organized criminal group.

• 3)

PUNISHMENT OF PREPARATORY ACTS. Conspiracy, proposition, or provocation to commit crimes against Public Administration shall be punished with the corresponding penalties reduced by one-third (1/3).

EFFECTIVE COLLABORATION WITH AUTHORITIES. The penalties to be imposed may be reduced up to a maximum of two-thirds (2/3) if the person guilty of the crimes classified in this title collaborates effectively with the authorities to prevent the commission of crimes against Public Administration or to mitigate their effects, to contribute or obtain evidence of other crimes already committed, or to identify, prosecute, and process other responsible parties.

RESPONSIBILITY OF LEGAL ENTITIES. When, in accordance with the provisions of Article 102 of this Code, a legal entity is responsible for the crimes of fraud, trafficking in influence, or bribery contained in this title, it shall be imposed a fine penalty in an amount equal to or up to five (5) times the value of the damage caused or the benefit obtained. Additionally, it shall be imposed one or more of the following sanctions:

• 1)

  Suspension of the specific activities in which the crime was committed, for a period not to exceed five (5) years;

• 2)

  Prohibition of conducting in the future the specific activities in the exercise of which the crime was committed, favored, or covered up; and,

• 3)

  Disqualification from obtaining subsidies and public assistance, from contracting with the public sector, and from enjoying fiscal or Social Security benefits and incentives, for a period not to exceed ten (10) years.

INTERNATIONAL RECIDIVISM. Conviction by a foreign jurisdictional body for crimes of the same nature as those provided for in this title produces the effects of recidivism, unless the criminal record has been cancelled or could have been cancelled in accordance with Honduran law. TITLE XXVIII CRIMES AGAINST THE ADMINISTRATION OF JUSTICE CHAPTER I CRIMES AGAINST THE ACTION OF JUSTICE

HARBORING. Whoever, with knowledge of the commission of a crime and without having participated in it, subsequently intervenes in aid of those responsible, concurring in one of the following circumstances:

• 1)

  Concealing, altering, or rendering useless the body, the effects, or the instruments or any other evidence incriminating them, making their discovery difficult or impossible;

• 2)

  Helping those responsible to evade the investigation of the crime or to escape from the action of justice; or,

• 3)

  Assisting those responsible so that they benefit from or obtain profit from the committed crime. Shall be punished with the penalty of imprisonment corresponding to the harbored crime reduced by two-thirds (2/3). The aforementioned penalty shall be imposed at its maximum limit and special disqualification from public office or position for a period of two (2) to four (4) years if the harborer is a public official or employee acting with abuse of their functions. The penalties are increased by one-third (1/3) if the harboring is carried out habitually or for payment, reward, or remuneration promise.

EXEMPTION FROM RESPONSIBILITY. Those who harbor their spouse or person with whom they maintain a stable relationship of analogous nature, their ascendant, descendant within the fourth degree of consanguinity or second degree of affinity, or their sibling are exempt from the penalties imposed on harborers, except those harborers referred to in numeral 3) of the previous article.

OMISSION OF THE DUTY TO PROSECUTE CRIMES. The public official or employee who, failing in the obligation of their position, does not promote or ceases to promote the prosecution of crimes of which they have knowledge or of those responsible, or does not carry out the necessary procedures to adopt precautionary measures or to ensure that those ordered by judges are complied with, shall be punished with the penalty of special disqualification from public office or position for a period of three (3) to six (6) years.

JUDICIAL PREVARICATION. The Judge or Court that knowingly issues an unjust ruling shall be punished with the penalty of imprisonment of three (3) to six (6) years and special disqualification from public office or position of fifteen (15) to twenty (20) years. If the ruling is manifestly unjust and is issued due to gross negligence, it shall be punished with the penalty of special disqualification from public office or position of three (3) to five (5) years.

DENIAL OF JUSTICE. The Judge or Court that refuses to judge without legal cause or alleging obscurity, insufficiency, or silence of the Law shall be punished with the penalty of special disqualification from public office or position for a period of two (2) to five (5) years and a fine of one hundred (100) to two hundred (200) days.

ARBITRARY EXERCISE OF ONE'S OWN RIGHT. Whoever, in order to exercise an own right, acting outside legal channels, employs violence, intimidation, or force against things, shall be punished with the penalty of imprisonment of six (6) months to one (1) year. The penalty shall be increased by one-third (1/3) if, for intimidation or violence, weapons or dangerous objects are used in the commission of the act, without prejudice to the penalties that must also be imposed for the intimidation or violence exercised.

FALSE TESTIMONY. A witness who in judicial proceedings fails to tell the truth in their testimony shall be punished with the penalty of imprisonment of five (5) to seven (7) years and a fine of one hundred (100) to four hundred (400) days. With the same penalties and special disqualification from profession, office, commerce, or industry for a period of five (5) to ten (10) years, expert witnesses, interpreters, translators, and technical consultants who commit false testimony shall be punished.

INTIMIDATION OF WITNESSES AND OTHER PARTICIPANTS IN CRIMINAL PROCEEDINGS. Whoever, with violence or intimidation, attempts to influence anyone who is a complainant, party, accused, attorney, prosecutor, witness, expert witness, or interpreter in a proceeding so that they modify their procedural conduct shall be punished with the penalties of imprisonment of five (5) to seven (7) years and a fine of three hundred (300) to five hundred (500) days. If they achieve their purpose, they shall be punished with the penalties stated in the previous paragraph increased by one-third (1/3). The same penalties shall apply to whoever performs any act that threatens the life, integrity, liberty, sexual liberty, or property, as retaliation against the subjects cited in the first paragraph for their conduct in a judicial proceeding, without prejudice to the penalty that may correspond for the crimes committed.

DISCLOSURE OF IDENTITY OF PROTECTED WITNESS. Whoever, knowing of the status of a person as a protected witness, makes known their personal data, whereabouts, or any other circumstance that endangers their protection shall be punished with the penalty of imprisonment of four (4) to six (6) years. If the subject who discloses the aforementioned data is a public official or employee, the penalty of imprisonment of the first paragraph shall be imposed, in addition to special disqualification from public office or position for double the term of the imprisonment penalty.

CRIME OF FAILURE TO REGISTER CLIENTS AND THEIR IDENTIFICATION. The owners of companies and institutions that provide communications services, or those to whom they delegate, who omit the obligation to register or identify their clients, in accordance with special legislation, shall be punished with the penalties of a fine of seven hundred (700) to one thousand (1,000) days. When, in accordance with the provisions of Article 102 of this Code, a legal entity is responsible for this crime, it shall be imposed a fine penalty of one thousand (1,000) to two thousand (2,000) days.

JUDICIAL COERCION. Whoever, through violence or intimidation, limits the action of the competent Jurisdictional Body or the Public Ministry (PM) to obtain a favorable decision or ruling shall be punished with the penalty of imprisonment of five (5) to ten (10) years and a fine of five hundred (500) to one thousand (1,000) days.

BRIBERY OF PROCEDURAL SUBJECTS. Whoever gives, offers, or promises money or any other benefit to a witness, expert witness, consultant, interpreter, or translator, so that they commit false testimony, shall be punished with the penalty of imprisonment of two (2) to four (4) years, unless the act is punished with a greater penalty in another provision of this Code.

DISOBEDIENCE TO FISCAL OR JUDICIAL MANDATE. Whoever, having a legal obligation to appear and having been legally summoned a second time by the competent Jurisdictional Body or the Public Ministry (PM), refrains from appearing without legal cause shall be punished with the penalty of a fine of three hundred (300) to five hundred (500) days, without prejudice to the obligation to comply with the mandate.

BREACH OF SENTENCE OR MEASURE. Whoever breaches his sentence, security measure of internment, judicial detention, preventive imprisonment, or a precautionary measure, issued in a procedure of gender-based violence, must be punished with a prison sentence of two (2) to four (4) years. When the sentence being served by the subject is a deprivation of liberty and he uses violence or intimidation against persons for his escape or evasion from the place where he is confined, or takes part in a riot, he must be punished with the penalty of the preceding paragraph increased by one-third (1/3), without prejudice to those that might correspond for other crimes. The penalties of the preceding paragraphs must be imposed reduced by two-thirds (2/3) if the fugitive presents himself before an authority or at the place of evasion before fifteen (15) days have elapsed since the escape.

FACILITATION OF ESCAPE. The public official or employee in charge of the custody or care of those serving sentences who procures, facilitates, or permits the escape of a person legally detained or condemned, must be punished with a prison sentence of five (5) to ten (10) years, a fine of three hundred (300) to five hundred (500) days, and special disqualification from public office or position for the same duration as the prison sentence. If the guilty party is an ascendant, descendant, spouse, or one who maintains a stable relationship of similar nature to the foregoing, or brother of the escaped person, the prison sentence to be imposed must be three (3) to six (6) years. CHAPTER IV CRIMES AGAINST THE SYSTEM OF JUSTICE

FALSE COMPLAINT OR ACCUSATION. Whoever, with knowledge of its falsity or manifest disregard for the truth, attributes to a person facts that, if true, would constitute a criminal offense and does so before a public official or employee who has the duty to proceed with its investigation or prosecution, must be punished with a prison sentence of one (1) to four (4) years. Proceedings cannot be initiated against the complainant or accuser except after a final judgment or final dismissal of the case by the competent Judicial Body that has heard the same. The latter must proceed ex officio against the complainant or accuser when sufficient indications of false complaint or accusation result from the case tried, without prejudice to the fact that the conduct may also be prosecuted following a complaint by the injured party.

SIMULATION OF NON-EXISTENT OFFENSE. Whoever simulates being responsible for or victim of a criminal offense or reports a non-existent one, provoking procedural actions before a public official who by reason of his position has the obligation to investigate or prosecute it, must be punished with a prison sentence of six (6) months to two (2) years and a fine of one hundred (100) to three hundred (300) days.

PROFESSIONAL DISLOYALTY. The professional who advises or assumes the defense or representation of a person and, without the consent of the same, simultaneously provides advice, defends, represents, or facilitates information about the matter to one who has conflicting interests, must be punished with prison sentences of one (1) to three (3) years and special disqualification from profession, trade, industry, or commerce for a period of two (2) to five (5) years. With the same penalties as in the preceding paragraph, the professional who knowingly harms with his advice, representation, or defense the interests that were entrusted to him must be punished. If the foregoing conduct is committed by gross negligence, the penalty must be reduced by one-third (1/3). CHAPTER V CRIMES AGAINST THE ADMINISTRATION OF JUSTICE OF THE INTERNATIONAL CRIMINAL COURT

CRIMES AGAINST THE ADMINISTRATION OF JUSTICE OF THE INTERNATIONAL CRIMINAL COURT. The provisions of the preceding chapters of this title are applicable to facts committed against the Administration of Justice of the International Criminal Court. TITLE XXIX CRIMES AGAINST THE CONSTITUTION CHAPTER I CRIMES OF REBELLION AND SEDITION