According to Article 85 of the Penal Code of Baja California, imprisonment may be substituted, at the discretion of the Control Judge or the Trial Court, under the following terms:
I. When it does not exceed three years, it may be substituted with a fine.
II. When it does not exceed four years, it may be substituted with treatment under liberty, semi-liberty, or community service.
The requirements set forth in Article 86 for substitution additionally require that:
I. The defendant must be a first-time offender.
II. The defendant must pay or guarantee, to the satisfaction of the Control Judge or the Trial Court, the fine as well as the repair of damages and losses caused.
III. The substitute penalty must be more suitable than imprisonment, taking into account the personal circumstances of the individual and the purposes pursued by the sentence.
IV. The offense must not be classified as serious or subject to mandatory pre-trial detention.
