Criminal law in Honduras

The Constitution of the Republic, the Código Penal, Decree 130-2017, and the Código Procesal Penal, Decree 9-99-E, form the main framework. Special criminal laws supplement them. Core safeguards include legality, the more favourable law applying to earlier conduct, responsibility for intentional or negligent conduct, proportionality, humane treatment, protection against being tried or punished twice for the same matter, the presumption of innocence, public oral trial and an inviolable right of defence. The Código Penal covers offences against life, bodily integrity and health, sexual freedom, liberty, property, public health, public order, the environment, public administration, the justice system, constitutional and state security, cyber systems and road safety. The legal classification and penalty depend on the facts, intent, participation, attempt, concurrence of offences and aggravating or mitigating circumstances. Sanctions can include imprisonment, life imprisonment where the Código Penal provides it, house arrest, weekend detention, expulsion, community or victim service, deprivation of rights, disqualification, driving bans, residence or contact restrictions, fines, security measures and corporate sanctions. A report, called a denuncia, may be made orally or in writing to the Policía Nacional or the Ministerio Público. A victim, witness or legal representative may report conduct, and a person under 18 may also make a report. Police and other authorities must notify the Ministerio Público immediately in public-offence matters. Officials, health professionals and persons responsible for companies or property may have reporting duties in specified situations. Preserve physical evidence, witness details, medical or forensic records and digital logs without altering them. The Ministerio Público directs criminal prosecution together with the Policía Nacional. The Dirección Policial de Investigaciones, known as DPI and the current successor to DNIC, conducts investigations. The Ministerio Público's Agencia Técnica de Investigación Criminal, or ATIC, handles specialised work in grave or high-impact cases. FEPROSI provides specialised attention to intellectual-property and information-security offences. Investigative measures can include interviews, inspections, forensic work, seizure and searches. A search generally requires a judicial warrant or consent, subject to statutory urgent exceptions. Courts control interception measures, and the defence may request investigative acts. Police may arrest without a warrant in flagrante delicto and in other statutory situations involving indications of the offence, flight or risks to evidence. The police should report the arrest to the Ministerio Público and a judge within six hours. The Ministerio Público may hold a person for up to 24 hours, or up to 48 hours in complex cases, before the judicial stage. The arrested person must receive notice of the reason for arrest and access to silence, communication, counsel and a medical examination. Any force must remain proportionate. A judge may order preventive detention when flight, obstruction, continuation of organised crime or retaliation creates a relevant risk. Ordinary preventive detention may last up to one year; for offences carrying a penalty above six years, the limit can be two years. The Supreme Court of Justice may grant an exceptional extension of up to six months, and the court must review detention every three months. Depending on the charge and statutory exclusions, alternatives can include house arrest, supervision, periodic appearance, travel or place restrictions, contact bans, security or bail and electronic monitoring. Preventive detention is not a sentence, and pretrial detainees must be separated from convicted prisoners. The ordinary procedure moves from a report and preliminary investigation to a prosecutorial request and an initial hearing. A formal accusation and response lead to the order opening the case for trial, followed by trial preparation, an oral public trial, deliberation and judgment. A Tribunal de Sentencia hears grave cases as a panel and less grave cases before a single judge. Appeals can include apelación and casación. The Juzgado de Ejecución supervises sentences and security measures after judgment. Some cases may use alternatives within statutory limits. The Ministerio Público may apply a criterio de oportunidad after the legally required assessment and victim hearing or repair. A conditional suspension can be available when the mean penalty does not exceed five years, there is no prior conviction, the risk is low and the accused consents. Conciliation under current Article 45 may apply before the trial is opened. An abbreviated procedure requires the accused's admission, involves the victim in the hearing and uses a hearing within the statutory period, commonly 20 to 30 days in the applicable procedure. An accused person may have counsel from detention or from a voluntary statement through execution of the sentence. The Poder Judicial's Defensa Pública provides free criminal defence without requiring proof of income, with 24-hour access and reported coverage through national offices and police posts, including locations in Tegucigalpa, San Pedro Sula and La Ceiba. Exact local availability should be checked. The defence may present and challenge evidence, request investigative measures, obtain an interpreter or accessibility support where required, demand a reasonable process and appeal. A víctima includes the directly harmed person and certain legally defined relatives. Victims should receive information at the report or first intervention, may receive information about the proceedings, be heard before extinction or suspension, participate in public hearings and bring a private accusation. They may challenge an improper administrative archive. The Ministerio Público can assist victims without sufficient means, and protection may be available for victims, witnesses and other participants. Specialised Fiscalía services, MAIE and MRD pathways address some vulnerable cases. Reparación may be pursued within the criminal process, while related civil-law consequences remain a separate matter. The Instituto Nacional Penitenciario, or INP, administers the national prison system, custody and rehabilitation. Conditional release or preliberación depends on statutory and judicial conditions. Access to facilities and practical conditions vary by region and case. Public reporting and public defence generally do not carry a charge, while private counsel, forensic services and transport can create costs; case duration and office availability also vary. A person under 18 at the time of the act follows the special juvenile justice system under the Código de la Niñez y la Adolescencia and the applicable juvenile-justice framework. Specialised judges, prosecutors and defence services apply diversion, restorative measures and reintegration principles. INAMI, under SENAF, leads the system, operates Centros Pedagógicos de Internamiento and supports socio-educational measures and PAMSPL. Detention is a last resort, and the maximum measure depends on the charge and the person's age. Road offences may involve both the Código Penal and the administrative traffic system under the Ley de Tránsito, Decree 205-2005. DNVT and the Policía Nacional direct traffic, while SIAT investigates collisions and prepares technical reports and evidence, including alcohol or drug testing. Criminal liability depends on the facts and the applicable threshold; administrative infractions and conciliation remain distinct issues. A driver involved in a collision should stop, assist injured people, report the incident and appear when required. Digital offences are addressed in Title XXII, Articles 398 to 405 of the Código Penal. They include unauthorised access, damage to data or systems, misuse of devices and identity impersonation, with aggravation for organised groups or administrators in specified cases. Honduras may have jurisdiction when conduct occurs in Honduras against foreign systems or from abroad against Honduran systems. FEPROSI, ATIC and the Ministerio Público form the investigative pathway. Preserve devices and logs in their original state and use lawful provider or interception requests.