Special disqualification for employment or public office
Profession, trade, industry, commerce, exercise of parental authority, guardianship, curatorship, custody or foster care or any other right, or the deprivation of parental authority, if these rights are directly related to the crime committed, this connection having to be expressly determined in the sentence. 2. Accessory penalties of their kind Sui generis accessory penalties are those that can be imposed in addition to the main penalty, but without depending on it and without it being necessary for them to have the same duration as this. These types of penalties are not mandatory, their imposition being the power of the Judge or Court . It is regulated in article 57 of the Penal Code , and they are the following: In the case of crimes of homicide , abortion, injuries , against freedom, torture and against moral integrity , trafficking in human beings , against sexual freedom, privacy , the right to one's own image and the inviolability of the home, honor.
Heritage and socioeconomic order and family relationships , taking into account the seriousness of the facts or the danger represented by the offender, one or more of the prohibitions contemplated in article 48 of the Penal Code may be imposed in the sentence. by: A period of no more than 10 years, if the crime is serious. A period of no more than 5 years, if the crime is less serious . Apart from the above, if the sentence is DM Databases imprisonment and the Judge or Court agrees to impose one or more of said prohibitions, it will do so by: A time greater between 1 and 10 years than the duration of the prison sentence imposed in the sentence, if the crime is serious. A longer period between 1 and 5 years, if the crime is less serious. If the person aggrieved by the crime is the spouse, or person who is or has been linked to the convicted person by an analogous emotional relationship even without cohabitation, or descendant, ascendant or brother by nature, adoption or affinity, of his own or that of the spouse or cohabitant.
https://www.canaddata.com/wp-content/uploads/2024/03/DM-Databases-2.jpg
Minor or person with a disability in need of special protection who lives with him or who is subject to the power, guardianship, curatorship, foster care or de facto custody of the spouse or cohabitant, or person protected in any other relationship by which he or she is integrated at the core of their family coexistence, as well as a person who, due to their special vulnerability, is subject to their custody or care in public or private t exceeding 10 years if it is a serious crime. Not more than 5 years if it is a less serious crime. The prohibitions of article 48 may also be imposed for a period of no more than 6 months for the aforementioned crimes if they are considered minor crimes . Are disqualification penalties accessory? As provided in article 54 of the Penal Code , disqualification penalties are accessory when the law does not specifically impose them but declares that other penalties carry them with them.
頁:
[1]