Article 184 — Aggravation of Penalty in Case of Concurrent

Crimes. (1) In case of material concurrence of crimes (Art. 85) the Court shall determine the penalty on the basis of the general rules set out hereafter, taking into account, for the assessment of the sentence, the degree of guilt of the criminal: (a) where capital punishment or life imprisonment is determined for one of the concurrent crimes punishable with deprivation of life or liberty or where the maximum term of imprisonment provided under the provisions of this General Part (Arts. 106 and 108) is imposed for one of the concurrent crimes punishable with imprisonment of the same kind, this penalty shall, subject to the provisions of sub-article 1 (c) and (e) of this Article override any other penalties that would have been imposed on the other concurrent crimes. However if, instead of one of the penalties specified above, a sentence of imprisonment below the maximum laid down in the General Part of this Code has been passed for the most serious crime, the Court shall aggravate the sentence on account of the other concurrent crimes in accordance with sub-article (1) (b) of this Article. (b) in case of two or more concurrent crimes entailing loss of liberty the appropriate penalty for each crime shall be determined and added. However, the duration of the total penalty may not go beyond the general maximum fixed in the General Part of this Code for the king of penalty applied. In case of concurrent crimes entailing simple imprisonment and rigorous imprisonment, simple imprisonment of two years shall, for purposes of this Article, be deemed to be equivalent to rigorous imprisonment of one year. (c) in case of concurrence between a penalty entailing loss of liberty and a fine the Court may impose both penalties. When imposing the sentence it shall apply the provision of sub- article (1)(b) in case of imprisonment, and the provision of sub-article (1)(d) in case of fine. (d) in case of two or more concurrent crimes entailing fine the appropriate penalty for each fine shall be determined and added. Without prejudice to cases where the criminal acted for gain (Art. 92), the total amount may not, exceed the general maximum prescribed in the General Part of this Code. (e) where the Court orders the forfeiture of the criminal's property in case of one of the concurrent crimes, it may not impose a fine on account of the other crime. (2) Where there exists concurrence of crimes as defined in Article 60(c) of this Code the punishment shad, unless otherwise provided, be determined in accordance with the provisions of sub-article (1) of this Article. (3) Any secondary penalty or preventive, corrective or safety measure may be applied even though its application is justified under only one of the relevant provisions or in respect of only one of the concurrent crimes.