QuestionsQuestions (Act No. 3195)
It amends Article 423 of the Penal Code (adultery/concubinage-related marital offenses), changing the wording and the circumstances under which a spouse may be exempt from punishment or subject to destierro.
The husband shall suffer the penalty of destierro.
He is exempt from punishment.
The wife is also covered: if she surprises her husband with another woman under the circumstances above and kills either or both in the act or inflicts serious physical injuries, the penalty of destierro is imposed.
She is exempt from punishment if she inflicts physical injuries of any other kind.
No. It also applies, under similar circumstances, to parents with respect to any daughter under eighteen years of age and her seducer while the daughter is living with the parents.
The daughter must be under eighteen years of age and living with the parents.
The spouse must have been “surprised” in the act—i.e., surprised in flagrante delicto (for adultery) or surprised with another woman in the act for the wife.
If the injuries are serious physical injuries (or death occurs) to the guilty party or paramour, destierro applies; if the injuries are of any other kind (i.e., not serious physical injuries), the offender is exempt from punishment.
It provides that any person who shall promote or facilitate the prostitution of his wife or daughter shall not be entitled to the benefits of Article 423.
It refers to the privileges granted by Article 423—i.e., the penalty of destierro or the exemption from punishment under the specified circumstances—which are withdrawn if the person promotes or facilitates prostitution of his wife or daughter.
The penalty of destierro, since the article states he shall suffer destierro if he kills her or her paramour in the act.
Destierro is imposed because the rule covers serious physical injuries inflicted upon either of them.
It shall take effect on its approval.
It does both: it rewrites the first paragraph and exemption rules, extends the rules to certain parents regarding a daughter under eighteen living with them and her seducer, and adds the forfeiture of benefits for those who promote or facilitate prostitution of the wife or daughter.