Did you know that if you have committed a crime, you could potentially enter into a reparation agreement?
According to Article 186 of the National Code of Criminal Procedure (CNPP), reparation agreements are those reached between the victim and the accused. Once approved by the Public Prosecutor or the control judge and fulfilled according to their terms, these agreements result in the extinction of criminal action.
Reparation agreements are only applicable in the following cases:
- Crimes that are prosecuted by complaint, by an equivalent requirement from the offended party, or those that allow forgiveness from the victim or the offended party. (Some of these crimes include assault, trespassing, theft by complaint, breach of trust, etc.)
- Negligent crimes (such as damage to property by negligence, negligent homicide, negligent injuries, etc.)
- Property crimes committed without violence against individuals (such as theft by complaint, among others).
Reparation agreements are not applicable in cases where the accused has previously entered into agreements for similar intentional crimes, nor are they applicable in cases of domestic violence or their equivalents in federal entities. Additionally, they are not applicable for cases outlined in subsections I, II, and III of paragraph seven of Article 167 of the CNPP. Reparation agreements are also not applicable if the accused has previously breached such an agreement, unless they have been acquitted.
If you have committed any crime and are being accused of it, feel free to contact me, Attorney Jorge Fernández, to review your case and determine whether you may be able to enter into an agreement with the offended party and avoid criminal prosecution.
