Article 51 Federal Criminal Code

Within the limits fixed by the law, the judges and courts shall apply the sanctions established for each crime, taking into account the external circumstances of execution and the peculiar ones of the offender; particularly when it concerns Indigenous persons, the uses and customs of the peoples and communities to which they belong shall be considered.

In the cases of articles 60, section VI, 61, 63, 64, 64 bis and 65 and in any others in which this Code provides penalties in proportion to those provided for the intentional consummated crime, the applicable punishment is, for all legal effects, that which results from the raising or lowering, as corresponds, of the minimum and maximum terms of the penalty provided for the latter. When it concerns imprisonment, the minimum penalty shall never be less than three days.

When an intentional (with dolo) crime is committed against any journalist, person or installation with the intention of affecting, limiting or impairing the right to information or the freedoms of expression or of the press, the penalty established for such crime shall be increased by up to one third.

In the previous case, the penalty shall be increased by up to one half when, in addition, the crime is committed by a public official in exercise of his functions or the victim is a woman and gender reasons concur in the commission of the crime, in accordance with what the laws on the matter establish.