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Structural division: BOOK II › CHAPTER I › Sub-section III
Article 189 — Cumulation of Different Extenuating and
Revised Criminal Code (English)
Article text
Aggravating Circumstances. In case of different extenuating and aggravating circumstances, the Court shall determine the penalty as provided below:
(1) In the event of concurrent general aggravating and extenuating circumstances the Court shall first fix the penalty having regard to the aggravating circumstances (Art. 183) and then shall reduce the penalty in light of the extenuating circumstances (Arts. 179,180).
(2) Where in a case of recidivism the criminal has at the same time been convicted of concurrent crimes the Court shall first assess sentence for the concurrent crimes and then increase it having regard to recidivism.
(3) When there exist different types of aggravating and extenuating circumstances specified in sub-article
(1) and
(2) above, the Court shall first fix the penalty having regard to the aggravating circumstances and then shall reduce the penalty in light of the extenuating circumstances.
Article 6
Exception: Application of the More Favourable Law.