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CHAPTER VI.-Fraudulent concealment of property or industry, false testimony, and false accusation and denunciation.

ART. 327. He who, upon being questioned by the competent administrative official, shall conceal all or part of his property, or the trade or industry in which he is engaged, for the purpose of eluding thereby the payment of the taxes that ought to be paid upon the former or for the latter, shall incur a fine of an amount equal to up to five times the value of the taxes which he ought to have paid, but in no case shall it be less than 325 pesetas.

ART. 328. He who, in a criminal cause, shall give false testimony against the accused shall be punished:

1. With the penalty of cadena temporal in its maximum degree to cadena perpetua, if the accused should have been in such cause sentenced to the penalty of death, and it should have been carried out.

2. With the penalty of cadena temporal, if the accused should have been condemned in the cause to cadena perpetua and should have begun to undergo said penalty.

3. With the penalty of presidio mayor, if the accused should have been condemned in the cause to cadena perpetua and should not have begun to undergo the same.

4. With the penalty of presidio correccional, in its maximum degree to that of presidio mayor in its medium degree, if the accused should have been condemned in the cause to suffer any other corporal punishment and should have begun to undergo the same.

5. With the penalty of presidio correccional in its medium degree to presidio mayor in its minimum degree, if the accused should have been condemned in the cause to any other corporal penalty and should not have begun to undergo the same.

6. With the penalties of presidio correccional in its medium and maximum degrees and a fine of from 625 to 6,250 pesetas, if the accused should have been sentenced in the cause to a correctional penalty and should have begun to undergo the same.

7. With the penalties of presidio correccional in its minimum and medium degrees and a fine of from 375 to 3,750 pesetas, if the accused should have been sentenced in the cause to a correctional penalty and should not have begun to undergo the same.

8. With the penalties of arresto mayor in its maximum degree to presidio correccional in its minimum degree and a fine of from 325 to 3,250 pesetas, if the accused should have been condemned to a light penalty and should have begun to undergo the same.

9. With the penalties of arresto mayor and a fine of from 325 to 3,250 pesetas, if the accused should have been condemned to suffer a light penalty and should not have begun to undergo the same.

ART. 329. He who, in a criminal cause, shall give false testimony in favor of the accused shall be punished with the penalties of arresto mayor in its maximum degree to prisión correccional in its medium degree and a fine of from 375 to 3,750 pesetas, if the cause were for a crime; and with that of arresto mayor if it were for a misdemeanor. ART. 330. The penalty of arresto mayor in its minimum and medium degrees shall be imposed on the person who, in a criminal cause for a crime, shall give false testimony that neither prejudices nor favors the accused.

ART. 331. False testimony given in a civil cause shall be punished with the penalty of arresto mayor in its maximum degree to presidio correccional in its medium degree and a fine of from 625 to 6,250 pesetas.

If the amount of the claim should not exceed 625 pesetas, the penalties shall be those of arresto mayor and a fine of from 625 to 6,250 pesetas.

ART. 332. The penalties of the preceding articles are applicable in their maximum degree to the experts who testify falsely in judicial proceedings.

ART. 333. Whenever the false statement of the witness or expert shall have been given on account of subornation, the penalties shall be those next higher in degree to those respectively fixed in the preceding articles, there being imposed furthermore a fine of an amount equal up to three times that promised or the value of the gift.

The latter shall be confiscated should it have been delivered to the person suborned.

ART. 334. When the witness or expert without essentially perverting the truth shall distort it by his reticence or inexact statements the penalties shall be:

1. A fine of from 375 to 3,750 pesetas should such falsification take place in a criminal cause; and

2. From 325 to 3,250 pesetas if it should take place in a cause of a misdemeanor or in a civil action.

ART. 335. He who shall knowingly offer perjured witnesses or false documents in a judicial proceeding shall be punished as guilty of false testimony.

ART. 336. The crime of false accusation or denunciation is committed by falsely imputing to any person acts which, if they were true, would constitute a crime that would give rise to proceedings ex officio, if the imputation were made before an administrative or judicial official who would be obliged to proceed to its investigation or punishment by reason of his office.

The denouncer or accuser, however, shall not be proceeded against unless by virtue of a final sentence or writ, equally final, of the court which took cognizance of the crime imputed, dismissing the complaint. The latter shall proceed ex officio against the denouncer or accuser, provided that the principal cause should show sufficient grounds for instituting a new action.

ART. 337. A person guilty of false accusation or denunciation shall be punished with the penalty of presidio correccional in its medium and maximum degrees, if the crime imputed were grave; with that of prisión correccional in its minimum and medium degrees, if the crime imputed were "less grave;" with that of arresto mayor, if the imputation should have been a misdemeanor; and with the additional imposition in each case of a fine of from 625 to 6,250 pesetas.

CHAPTER VII.—-Usurpation of office, rank, and titles, and improper use of names, dress, insignia, and decorations.

ART. 338. He who, without warrant or legitimate cause, shall exercise acts pertaining to an authority or public official, attributing to himself an official character, shall be punished with the penalty of prisión correccional in its minimum and medium degrees.

ART. 339. He who, attributing to himself the rank of professor, shall publicly perform acts belonging to a faculty, which can not be filled without an official title, shall incur the penalty of arresto mayor in its maximum degree to prisión correccional in its minimum degree. ART. 340. He who shall usurp the character which would enable him to exercise the functions belonging to ministers of a religion that has adherents in the land, or should perform said functions, shall incur the penalty of arresto mayor in its maximum degree to prisión correccional in its minimum degree.

ART. 341. He who shall assume and publicly attribute to himself titles of nobility that do not belong to him shall incur a fine of from 625 to 6,250 pesetas.

ART. 342. He who shall publicly use an assumed name shall incur the penalty of arresto mayor in its minimum and medium degrees and a fine of from 325 to 3,250 pesetas.

If the purpose of the use of the assumed name were the concealment of any crime, the evasion of a penalty, or the causing of any prejudice to the State or to individuals, there shall be imposed on the culprit the penalties of arresto mayor in its medium and maximum degrees and a fine of from 375 to 3,750 pesetas.

Notwithstanding the provisions of this article, the use of an assumed name may be temporarily authorized by the superior administrative authority for sufficient cause.

ART. 343. The public official who, in the duties belonging to his office, shall attribute to any person, in connivance with him, titles of nobility, or a name that does not belong to him, shall incur a fine of from 375 to 3,750 pesetas.

ART. 344. He who shall publicly and unlawfully wear a uniform or dress belonging to an office which he does not hold, or of a class to which he does not belong, or of a rank not his own, or insignia or decorations that he is not authorized to wear, shall be punished with the penalty of a fine of from 325 to 3,250 pesetas.

TITLE V.-VIOLATION OF THE LAWS RELATING TO INTERMENTS, VIOLATION OF SEPULCHERS, AND OFFENSES AGAINST PUBLIC HEALTH.a

CHAPTER I.-Violation of laws relating to interment and violation of sepulchers.

ART. 345. He who shall conduct or cause to be conducted an interment in contravention to the provisions of the laws or regulations with regard to the time, place, and other formalities prescribed for interments, shall incur the penalties of arresto mayor and a fine of from 375 to 3,750 pesetas.

ART. 346. He who shall violate sepulchers or graves, committing any acts whatsoever directly tending to detract from the respect due the memory of the dead, shall be sentenced to the penalties of arresto mayor and a fine of from 325 to 3,250 pesetas.

a G. O. No. 69, Apr. 2, 1900, and Circular No. 16, Apr. 9, 1900, headquarters, Department of Porto Rico.

CHAPTER II.-Offenses against public health."

ART. 347. He who, without having been duly authorized, shall manufacture substances injurious to health, or chemical products capable of causing great destruction, for the purpose of dealing therein, or who shall send them out, or sell or deal in them, shall be punished with the penalties of arresto mayor and a fine of from 625 to 6,250 pesetas.

ART. 348. He who, being authorized to deal in substances which might be injurious to health, or chemical products of the kind mentioned in the preceding article, shall transmit them or supply them without complying with the formalities prescribed in the respective regulations, shall be punished with the penalties of arresto mayor and a fine of from 325 to 3,250 pesetas.

ART. 349. Pharmacists who shall send out adulterated medicines, or shall substitute certain ones for others, or shall dispense them without complying with the formalities prescribed in the laws and regulations, shall be punished with the penalties of arresto mayor, in its maximum degree to prisión correccional in its minimum degree and a fine of from 325 to 3,250 pesetas.

If by reason of the sending out of such medicines the death of a person should have resulted, the penalty of prisión correccional in its medium and maximum degrees, and a fine of from 625 to 6,250 pesetas shall be imposed upon the culprit.

ART. 350. The provisions of the two preceding articles are applicable to those who deal in the substances or products mentioned therein, and the employees of the pharmacists, if they should be the culprits. ART. 351. He who shall exhume or transfer human remains, in violation of the regulations and other sanitary provisions, shall incur the penalty of a fine of from 325 to 3,250 pesetas.

ART. 352. He who shall alter beverages or articles of food destined for public consumption by any composition whatever noxious to health, or who shall sell spoiled goods, or who shall manufacture or sell objects whose use would be necessarily injurious to health, shall be punished with the penalties of arresto mayor in its maximum degree to prisión correccional in its minimum degree and a fine of from 325 to 3,250 pesetas.

The adulterated goods and the articles injurious to health shall always be destroyed.

ART. 353. The penalty prescribed in the foregoing article shall also be imposed

1. Upon a person who shall secrete or remove articles intended for destruction or disinfection, with the object of selling or buying them. 2. Upon a person who shall throw into a spring, cistern, or river the water of which is used for drinking purposes, any object which should make the water injurious to health.

See G. O. 151, Sept. 27, 1899, and G. O. 87, Apr. 25, 1900, headquarters, Department of Porto Rico, pp. 729 and 731.

TITLE VI.-GAMBLING AND RAFFLES.

ART. 354. The bankers and proprietors of houses where games of chance, stakes, or hazard are played, shall be punished with the penalty of arresto mayor and a fine of from 625 to 6,250 pesetas, and in case of a repetition with those of arresto mayor in its maximum degree to prisión correccional in its minimum degree and a fine double the above mentioned.

The players who assemble at the houses referred to shall be punished with those of arresto mayor in its minimum degree and a fine of from 325 to 3,250 pesetas.

In case of repetition, with that of arresto mayor in its medium degree and double the fine.

ART. 355. The managers of and circulators of tickets in unauthorized lotteries or raffles shall be punished with the penalty of arresto mayor in its minimum and medium degrees and a fine of from 325 to 3,250 pesetas.

Those who use fraudulent devices to insure winning in games of chance or raffles shall be punished as swindlers.

ART. 356. The money or other articles and the instruments and tools used in gambling or raffles shall be confiscated.

TITLE VII.-OFFENSES COMMITTED BY PUBLIC EMPLOYEES IN THE

DISCHARGE OF THEIR DUTIES.

CHAPTER I.-Dereliction of duty.

ART. 357. The judge who shall knowingly pass an unjust sentence upon a guilty person in a criminal prosecution for crime, shall incur the penalty imposed by such sentence, if it should have been executed, and in addition that of temporary absolute disqualification in its maximum degree up to perpetual absolute disqualification.

ART. 358. The judge who shall knowingly pass an unjust sentence upon a guilty person, if it should not have been put into execution, shall be punished with the penalty next lower in degree than that which he had imposed by such unjust sentence, if the crime were a grave crime, and with that next lower by two degrees than the sentence imposed if the crime were less grave.

In all the cases of this article there shall also be imposed on the culprit the penalty of temporary special disqualification in its maximum degree to perpetual special disqualification.

ART. 359. If the unjust sentence should be knowingly passed upon a criminal in a trial for a misdemeanor, the penalties shall be those of arresto mayor and temporary special disqualification in its maximum degree to perpetual special disqualification.

ART. 360. The judge who in a criminal prosecution shall knowingly pronounce an unjust sentence in favor of a criminal, shall incur the penalty of prisión correccional in its minimum and medium degrees and temporary special disqualification in its maximum degree to perpetual special disqualification if the cause were for a grave

"In re betting on prize fights, see G. O. 54, headquarters, Department of Porto Rico, Mar. 12, 1900, p. 730.

See G. O. No. 171, headquarters, Department of Porto Rico, Oct. 26, 1899.

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