The penalties provided for in subparagraph 1 and 2 will be also doubled, if it is a nondriver's license holder. These additional penalties may be declared enforceable in as a measure of protection. ART.307.- If a fire unintentionally caused resulted in the death or caused the injury of one or several persons, it will be fact application of penalties for homicide or injury by reckless according to the distinctions laid down in the preceding article. Section 41 of the offenses excusable and cases where they cannot be excused. ART.308.- The murders as well as the injuries and the blows are excusable, if they were caused by blows or serious violence toward people. ART.309.- The crimes and offenses mentioned in the previous article are also excusable, if they have been committed in pushing, during the escalation or break fences, walls or entries of a house or an apartment inhabited or of their dependencies. If this case happened during the night, this case is set by article 316 of this code. ART.310.- The parricide is never excusable. ART.311.- The murder committed by the husband of the wife, or by the latter on his spouse, is not excusable, if the life of the husband or of the wife who has committed the murder has not been put in jeopardy in the time that the murder took place. However, in the case of adultery, provided for by article 330, the murder committed by one of the spouses on the other as well as on the accomplice, at the instant or it surprises in flagrante delicto is excusable. 63 ART.312.- The crime of castration, if it has been immediately provoked by a contempt of the indecent assault, will be considered as murder or injury excusable. ART.313.- When the fact of excuse will be pronounced -.