What consequence does the real competition of crimes have?
In accordance with article 73 of the Penal Code, in the real competition of crimes, the penalties are accumulated for each of the crimes committed. The person responsible for two or more crimes or misdemeanors will be imposed all the penalties corresponding to the various infractions for their simultaneous compliance, if possible, due to their nature and effects. Article 73 of the Penal Code However, if the above were not possible , the rule of article 75 would be followed. That is to say: the sentences will be served successively, according to their order of severity. When all or some of the penalties corresponding to the various infractions cannot be served simultaneously by the convicted person, the order of their respective severity will be followed for their successive compliance, as soon as possible. Article 75 of the Penal Code Finally, it will also be necessary to take into account the limits of article 76 regarding the maximum duration of serving sentences.
Notwithstanding the provisions of the previous article, the maximum effective fulfillment of the guilty party's sentence may not exceed three times the time for which the most serious of the penalties incurred are imposed, declaring those that are applicable extinguished. since those already imposed cover said maximum, which may not exceed 20 years. Exceptionally, this maximum limit will be: a) 25 years, when the subject has been DM Databases convicted of two or more crimes and any of them are punishable by law with a prison sentence of up to 20 years. b) 30 years, when the subject has been convicted of two or more crimes and any of them are punishable by law with a prison sentence of more than 20 years. c) 40 years old, when the subject has been convicted of two or more crimes and, at least two of them are punishable by law with a prison sentence of more than 20 years. d) 40 years of age, when the subject has been convicted of two or more crimes referring to terrorist organizations and groups and terrorism crimes of Chapter VII of Title XXII of Book II of this Code and any of them are punishable by law with a penalty.
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prison sentence of more than 20 years. e) When the subject has been convicted of two or more crimes and, at least one of them is punishable by law with a permanent, reviewable prison sentence, the provisions of articles 92 and 78 bis will apply. 2. The limitation will apply even if the penalties have been imposed in different proceedings when they have been imposed for acts committed before the date on which those that, being subject to accumulation, would have been prosecuted in the first place were prosecuted. by two or more people in different places or times if an agreement had preceded it. 3. Those committed as a means to perpetrate others or facilitate their execution. 4. Those committed to ensure impunity for other crimes. 5. Crimes of real and personal favor and money laundering with respect to the antecedent crime. 6. Those committed by various people when reciprocal injuries or damage are caused. 3. Crimes that are not related but have been committed by the same person and are analogous or related to each other, when they fall under the jurisdiction of the same judicial bod.
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