Article 60 Federal Criminal Code

In the cases of negligent (culposo) crimes, up to one fourth of the penalties and security measures assigned by the law to the basic type of the intentional crime shall be imposed, with the exception of those for which the law indicates a specific penalty. In addition, there shall be imposed, as the case may be, suspension of up to three years of rights to exercise a profession, trade, authorization, license or permit.

The sanctions for negligent (culposo) crimes shall only be imposed in relation to the crimes provided in the following articles: 150, 167, section VI, 169, 199 Bis, 289, second part, 290, 291, 292, 293, 302, 307, 323, 397, 399, 414, first paragraph and third in its hypothesis of result, 415, sections I and II and last paragraph in its hypothesis of result, 416, 420, sections I, II, III and V, and 420 Bis, sections I, II and IV of this Code.

When, as a consequence of negligent (culposo) acts or omissions, qualified as serious, that are imputable to the personnel who render their services in a railway, aeronautical, shipping company or of any other transports of federal or local public service, homicides of two or more persons are caused, the penalty shall be from five to twenty years of imprisonment, removal from the employment, position or commission and disqualification to obtain others of the same nature. The same penalty shall be imposed when it concerns school service transport.

The qualification of the gravity of the negligence (culpa) remains to the prudent discretion of the judge, who must take into consideration the general circumstances indicated in article 52, and the following special ones:

I.- The greater or lesser facility to foresee and avoid the damage that resulted;

II.- The duty of care of the accused that is demandable of him by the circumstances and personal conditions that the trade or activity that he performs impose on him;

III.- Whether the accused has previously committed a crime in similar circumstances;

IV.- Whether he had time to act with the necessary reflection and care, and

V.- The state of the equipment, tracks and other conditions of mechanical functioning, in the case of infractions committed in the services of transport companies, and in general, by drivers of vehicles.

VI.- Repealed.