20
CAP. 9.]
CRIMINAL CODE
Abolition of
disabilities arising
out of
punishments.
Amended by:
VI.1871.2;
XXI. 1971.5.
25. All disabilities arising, under the provisions of any law
whatsoever, out of any punishment, are abolished.
Right of civil
action unaffected.
Amended by:
VIII. 1909.3.
26. (1) Any sentence to a punishment established by law shall
always be deemed to have been awarded without prejudice to the
right of civil action.
(2) A pardon commuting or remitting a punishment lawfully
awarded shall not operate so as to bar the civil action.
Difference
between
punishment at the
time of the offence
and that at the time
of trial.
27. If the punishment provided by the law in force at the time
of the trial is different from that provided by the law in force at the
time when the offence was committed, the less severe kind of
punishment shall be awarded.
Rules as to the
serving of
punishments.
Amended by:
XII. 1914.5.
28. (1) When more punishments of the same kind are awarded
at the same time against the same offender, they shall be undergone
one after the termination of the other; if they are of different kinds,
the heavier punishment shall be undergone first, and immediately
on its termination, the less severe punishment shall commence.
(2) If any person, while actually undergoing one punishment,
shall be sentenced to another punishment either of the same or of a
less severe kind, he shall continue to undergo the first punishment,
and immediately on its termination, he shall undergo the second
punishment.
(3) If the second punishment be heavier than the first, the
person sentenced shall at once be subjected to the second
punishment, and on its termination, he shall immediately revert to
the first punishment and undergo the remainder thereof.
(4) The punishment of interdiction shall take effect from the
date of the sentence awarding such punishment.
Suspended
sentence of
imprisonment.
Added by:
XXIX. 1990.3.
Amended by:
III. 2002.10.
28A. (1) Subject to subarticles (2) to (7) and to articles 28B to
28I, a court which passes a sentence of imprisonment for a term of
not more than two years for an offence may order that the sentence
shall not take effect unless, during a period specified in the order,
being not less than one year or more than four years from the date
of the order, the offender commits another offence punishable with
imprisonment and thereafter a court competent to do so orders
under article 28B that the original sentence shall take effect; and in
this article and whenever it occurs in articles 28B to 28G and in
article 28I "operational period", in relation to a suspended
sentence, means the period so specified.
(2) A court shall not deal with an offender by means of a
suspended sentence unless the case appears to the court to be one in
which a sentence of imprisonment would have been appropriate in
the absence of any power to suspend such a sentence by an order
under subarticle (1).