Article 34 Federal Criminal Code

The reparation of damage proceeding from the crime that must be made by the accused, the defendant and the sentenced person has the character of a public penalty and shall be demanded ex officio by the Public Prosecutor's Office (Ministerio Público). The victim, the legal advisor and the offended party or their beneficiaries may provide to the Public Prosecutor's Office (Ministerio Público) or to the jurisdictional body, as the case may be, the evidentiary data that they have to demonstrate the appropriateness and amount of said reparation, in the terms that the National Code of Criminal Procedure provides.

The non-compliance on the part of the authorities with the obligation referred to in the preceding paragraph shall be sanctioned with a fine of thirty to forty days of minimum wage.

When said reparation must be demanded from a third party, it shall have the character of civil liability and shall be processed in the form of an incident, in the terms that the Code of Criminal Procedures itself fixes.

Whoever considers himself entitled to the reparation of damage, who cannot obtain it before the jurisdictional body, by virtue of the non-exercise of the action or the abstention from investigating on the part of the Public Prosecutor's Office (Ministerio Público), dismissal or acquittal judgment (sentencia), may resort to the civil or administrative venue in the terms of the corresponding legislation.