Article 247 provides an unusual, mitigated treatment. A legally married person who, having surprised their spouse in the act of committing sexual intercourse with another person, kills any of them or both in the act, or immediately thereafter, or inflicts serious physical injuries, suffers only the penalty of destierro (banishment from a certain radius), not the ordinary penalty for homicide or murder. The same applies to parents with respect to their daughters under eighteen living with them and their seducers. The requisites are strict: the offender must be legally married (or the parent in the described case); they must surprise the spouse in the actual act of sexual intercourse; and the killing or injury must occur in the act or immediately thereafter, in an unbroken chain driven by that discovery. If the offender promoted or consented to the infidelity, the article does not apply. Article 247 is best understood not as a justifying circumstance but as an absolutory-like provision imposing a very light penalty, reflecting the extreme passion of the moment.
The Rule
Under Article 247, a legally married person who surprises their spouse in the act of sexual intercourse with another and kills or seriously injures either or both in the act or immediately thereafter suffers only destierro (banishment), not the homicide/murder penalty. It also covers parents and their daughters under eighteen and the seducer.
The Strict Requisites
- The offender is legally married (or the parent in the described case);
- They surprise the spouse in the actual act of intercourse; and
- The killing/injury occurs in the act or immediately thereafter, in an unbroken chain from the discovery.
Limits
If the offender promoted or consented to the infidelity, the article does not apply. It is best seen not as a justifying circumstance but as a provision imposing a very light penalty for the extreme passion of the moment.
Practical Takeaways
- Article 247 gives only destierro for killing a spouse caught in the act;
- The requisites are strict — surprise in the actual act, immediate reaction;
- It does not apply if the offender consented to the infidelity.
Frequently Asked Questions
What is Article 247? It provides that a legally married person who surprises their spouse in the act of sexual intercourse with another and kills or seriously injures them in the act or immediately thereafter suffers only destierro, not the homicide penalty.
Is Article 247 a defense that acquits? Not exactly. It is not a justifying circumstance but a provision imposing a very light penalty (destierro), reflecting the extreme passion of surprising a spouse in the act.
What are the requisites? The offender must be legally married, must surprise the spouse in the actual act of intercourse, and the killing or injury must occur in the act or immediately thereafter in an unbroken chain from the discovery.
Does it apply if the spouse consented to the affair? No. If the offender promoted or consented to the infidelity, Article 247 does not apply.
This commentary is for general informational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult a licensed attorney.
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