Athe penalty amnesty pardon prescription of criminal liability rehabilitation etc. or the criminal procedural law for example in the case of preventive arrest or the agreement to admit guilt conditions certain effects of the punishment provided by the law the reference will be made to the special limits of punishment prison or fine provided by the law for the crime committed in the standard version or qualified aggravated or mitigated without taking into account the possible general causes of aggravation aggravating circumstances concurrence of crimes recidivism continued crime aggravating circumstances or mitigating circumstances mitigating circumstances attempt mitigating circumstances.
Likewise special aggravating or mitigating causes will not be taken into account either for Country Email List example art. of the Criminal Code Reasons for reducing the sentence. . These causes of mitigationaggravation should not be confused with the qualified variants mitigated or aggravated of some crimes provided as variations of them in independent texts for reasons of criminal policy or legislative technique compared to the standard variant and which provide as the case may be the increase or reduction of the special punishment limits provided for the illegal act.
In these cases the expression penalty provided by law means the penalty set by the legislator for these qualified variants and not the one stipulated in the standard variant of that crime. Thus the reference to the offense provided for by art. of Law no. cannot be accepted as valid in support of the argument formulated by by the title of the section of which it is a part is a crime assimilated to those of corruption by the way in which it was criminalized constituting a special form of the crime of abuse of office. The legislator can choose both complete and incomplete norms to prescribe the prohibited character of a certain conduct the latter lacking either the provision or the sanction.
發表於 2023-12-27 16:10:02
