1. Spouses who are not legally or de facto separated or in judicial separation proceedings are exempt from criminal liability and subject only to civil liability. divorce or annulment of their marriage and the ascendants, descendants and siblings by nature or by adoption, as well as first-degree relatives if they lived together, for property crimes that they cause among themselves, provided that there is no violence or intimidation, or abuse of the vulnerability of the victim, whether due to age or because he or she is a person with a disability.
2. This provision is not applicable to strangers who participate in the crime.
art 268 cp
Article 268 of Penal Code regulates the acquittal excuse by kinship, a circumstance that exempt from criminal liability by crimes property crimes (committed without violence or intimidation or abuse of the victim's vulnerability) that cause each other:
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- Spouses not separated in fact or legally
- Spouses not separated in judicial proceedings for separation, divorce or marriage annulment
- Ancestors, descendants and siblings by nature or by adoption
- Ancestors, descendants and related siblings in the first degree if they lived together