CRIMINAL CODE
[CAP. 9.
15
preceding paragraph, shall also be applied;
(e) where the law prescribes the punishment of temporary
interdiction, that which is of the longest duration shall
be applied with an increase varying from one-third to
one-half of the aggregate duration of the others:
Provided that the term awarded shall in no case
exceed twenty years;
(f) a person found guilty of more than one offence liable
to pecuniary punishments shall be sentenced to the
punishment of the higher or highest fine (multa or
ammenda), as the case may be, in addition to one-half
of each of the other fines (multa or ammenda);
(g) in the case of conversion of more than one pecuniary
punishment into a punishment restrictive of personal
liberty, the duration of this punishment shall not
exceed three years, in the case of a fine (multa), or six
months in the case of a fine (ammenda); and if both
fines (multa and ammenda) have been awarded, the
conversion shall be made into detention or
imprisonment as the court shall direct;
(h) when several offences, which taken together do not
constitute an aggravated crime, are designed for the
commission of another offence, whether aggravated or
simple, the punishment for the graver offence shall be
applied.
18. Where the several acts committed by the offender, even if
at different times, constitute violations of the same provision of the
law, and are committed in pursuance of the same design, such acts
shall be deemed to be a single offence, called a continuous offence,
but the punishment may be increased by one or two degrees.
Continuous
offence.
Amended by:
XI. 1900.6.
19. Every punishment established for any offence shall be
deemed to be so established without prejudice to any higher
punishment prescribed for the offence in any other law, whenever
the circumstances mentioned in such other law concur in the
offence.
Rules respecting
the award of
punishments.
20. When the law expressly provides that a punishment shall
not be awarded in its minimum, the punishment to be awarded shall
always include at least one-third of the difference between the
minimum and the maximum.
Punishment not
awardable in its
minimum.
Amended by:
XI.1900.7;
IX. 1911.5;
XLIX. 1981.6.
21. Saving the provisions of article 492, the court may, for
special and exceptional reasons to be expressly stated in detail in
the decision, apply in its discretion any lesser punishment which it
deems adequate, notwithstanding that a minimum punishment is
prescribed in the article contemplating the particular offence or
under the provisions of article 20, saving the provisions of article 7.
Punishment below
prescribed
minimum.
Added by:
XII. 1944.2.
Amended by:
XXI. 1971.4.