Understanding Penalties: How Sentences Are Calculated
The Penal Code establishes a set of rules to follow for determining the applicable penalty. These rules can be divided into general and specific.
The General Rules
The ruling will determine the penalty based on the crime committed, whether it be imposed in the lower half or upper half, if possible its reduction in one or two degrees or, conversely, it should increase it by one degree. Thus:
- If the crime committed was attempted, i.e., not able to obtain the desired result, it may impose a penalty lower by one or two degrees to the legally established.
- The accomplice will also be imposed the penalty one degree lower than that corresponding to the offender.
- If you are attending an incomplete defense, or two or more extenuating circumstances or a highly skilled one, may be imposed the penalty lower by one or two degrees.
So, what penalty is to be met by the offender?
To calculate which is the higher penalty, it is part of the maximum amount prescribed by law for the crime in question, adding to it half its size.
The result will be the ceiling of the higher penalty. For example, if the penalty is 2 to 4 years in prison and sentencing records that must be imposed in a higher grade, the lower limit of the penalty shall be up 4 and 6, that is, the sum of four years (which is the ceiling of penalty for the crime) and 2 (which is half of 4). Therefore, the penalty imposed in the higher grade will be 4 to 6 years in prison.
To calculate what the penalty is lower in degree, do the same, that is, the lower part of the sentence indicated for the crime and it is clear from half of its size. Continuing the example above, if the penalty is 2 to 4 years in prison, the penalty lower in degree shall be calculated by halving the minimum threshold, the result will be the minimum and it was before the minimum, will be the maximum, so in our example, the penalty will be lower in degree 1-2 years in prison.
And how to calculate the penalty when mitigating and aggravating circumstances?
The Penal Code also distinguishes within the range of sentence two halves, the upper and the lower half the penalty that results after calculating the degrees of the same (upper or lower).
Thus, depending on whether mitigating and aggravating circumstances or not, the court imposing the fine may go the length of the sentence and apply it considers most appropriate in each case.
Should therefore distinguish between two situations:
- Whether any mitigating circumstances: The penalty should be imposed in the bottom half.
- If you are attending one or more aggravating circumstances: The penalty should be imposed in the upper half.
To set the duration of each half is divided by half the difference between the lower and upper limit, the result will be the ceiling of the lower half and the lower limit of the upper half.
In our example, the prison sentence of 2 to 4 years, the result of subtraction between 4 and 2, 2, and half of 2 is 1, so the ceiling of the bottom half will be three years (the result of 2 plus 1) and the minimum the upper half will be 3 to 4 years.
Schematically operations to be performed are:
- Sentence: 2-4 years.
- Difference: 2-4 years = 2 years.
- Division: 2: 2 = 1 year.
- Bottom half: 2 + 1 = 3 years: 2 to 3 years.
- Top half: 3 to 4 years.
In any case, a lawyer may offer advice on all these issues in the light of the circumstances presented by each individual case.
Special Rules
Down in cases where the offender has committed two or more crimes. In these cases, the person responsible for the penalties imposed on him in his case is set for each of the crimes and should be performed jointly or simultaneously if possible and if not in succession.
For example, if the court sentenced to imprisonment and a fine shall be met both at the same time, if instead sentenced to two prison terms will be fulfilled first one and then another.
In these cases, one must distinguish between:
- The ideal concurrence of crimes: It is in cases where a single act can result in the commission of multiple offenses or crimes.
In these cases, the penalty applies is planned for the more serious offense and in its upper half, but may not impose a sentence that exceeds the sum of the sentences separately.
- The contest medial of crimes committed occurs when two or more criminal acts one of which is necessary to commit the other.
As in the previous case, the penalty shall be that provided for the most serious offense imposed in the upper half.
- The continuing offenses consist of performing multiple actions that the author carried out following a preconceived plan and the same rule repeatedly breach criminal or different provisions but the same type, irrespective of the injured may be one or more persons.
Also in such case the penalty for the most serious offense and will be imposed in the upper half.
- The mass crime: We collect in the event of violations against property are serious and have injured many people.
In these cases, the penalty is higher in one or two degrees and extension (bottom half or top half) as deemed appropriate.