Section I- Determination
Article 178- Assessment of the Penalty in Case of Mitigation or Aggravation Provided by Law.
Apart from ordinary cases of determination of the penalty in conformity with general principles (Art. 88) and where, by virtue of the law, a case arises of compulsory or optional mitigation or aggravation of the penalty the Court shall apply the following provisions.
Sub-section I- Rules Governing Mitigation and Exemption
Article 179- Ordinary Mitigation.
In all cases where the law provides that the Court mitigate the penalty under this Article, it shall, if it deems the mitigation justified, pronounce:
(a) instead of capital punishment, rigorous imprisonment from twenty years to life;
(b) instead of rigorous imprisonment for life, rigorous imprisonment from ten to twenty years;
(c) instead of rigorous imprisonment for a specified minimum period, rigorous imprisonment for not less than the general minimum period of one year;
(d) instead of rigorous imprisonment of at least one year, simple imprisonment from six months to five years;
(e) instead of simple imprisonment for a specified minimum period laid down in the Special Part of this Code, simple imprisonment for not less than the general minimum period of ten days;
(f) instead of simple imprisonment for not less than the general minimum period of ten days, compulsory labour or a fine.
Article 180- Free Mitigation.
In cases where the law provides the mitigation without restriction of the penalty under this Article, whether compulsorily or optionally, the Court shall have power to determine it in accordance with the following principles:
The Court shall not be bound by the kind of penalty provided in the Special Part of this Code for the crime to be tried, nor by the minimum which the provision provides; it may without restriction impose a sentence for a term shorter than the minimum period prescribed or substitute a less severe sentence for the sentence provided; however the Court shall be bound solely by the general minimum provided in the General Part, (Arts. 90, 106 and 108) as regards the penalty it imposes, whatever its nature may be.
Article 181- Common Provisions.
In exercising its power of mitigation under the conditions and within the limits provided by law the Court shall always determine the nature of the sentence in accordance with the general principles governing criminal guilt (Art. 57).
In case of mitigation, whether ordinary (Art. 179) or free (Art. 180), reparation of the damage caused (Art. 101) may always be ordered. The same applies to secondary penalties (Art. 121-128) and to the various preventive, corrective and safety measures (Arts. 134-153) which the Court may deem necessary.
Article 182- Exemption from and Waiving of Penalty.
The Court may exempt a criminal from any penalty whatever or waive the penalty in whole or in part, only in such cases as are expressly provided by law.
Sub- section II- Rules Governing Aggravation
Article 183- Ordinary Aggravation.
In general cases of aggravation provided by law (Art. 84) the Court shall determine the penalty without going beyond the maximum limit of the penalty specified in the relevant provision of the Special Part of this Code, taking into account the nature and the multiplicity of grounds of a aggravation, as well as the degree of guilt of the criminal.
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 serous 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 kind 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 shall, 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.
Article 185- Special Case.
(1) In case of related crimes, when one of them was committed with the intent of making possible, facilitating or cloaking another crime, the Court shall aggravate to the maximum permitted by law the penalty determined under the preceding Articles.
(2) Where such concurrence constitutes a special aggravated crime such as aggravated murder or robbery according to the Special Part of this Code, the appropriate provisions shall apply.
Article 186- Retrospective Concurrence.
(1) Where it is discovered that another concurrent crime had been committed before judgment by a criminal while serving or after having served a sentence for a crime for which he was convicted, the Court shall assess sentence, so that the criminal is not punished more severely than if all the crimes had been tried together.
(2) The Court, taking into account the penalty already imposed, shall determine the appropriate penalty in accordance with the preceding Articles.
(3) Where different penalties have been imposed in separate trials before different Courts or divisions on charges which should have been tried together the aggregate sentence shall be determined in accordance with the preceding Articles.
Article 187- Aggravation of Penalty in Case of Notional Concurrence.
(1) Where by one and the same act the criminal committed a breach of several criminal provisions (notional concurrence Article 65), the Court may aggravate the penalty according to the provisions of Article 184 particularly where the criminal’s deliberate and calculated disregard for the law or the clear manifestation of the criminal’s bad character so justifies aggravation.
In other cases the Court may only impose the maximum penalty prescribed by the most severe of the relevant provisions.
(2) In case of notional concurrence resulting in crimes with different material consequences, the Court shall aggravate the penalty as follows:
(a) Where at least one of the concurrent crimes committed by the criminal is intentional (Art. 66(1)(a) and (b)), the penalty shall be determined in accordance with the provision of Article 184.
(b) Where the concurrent crimes are committed negligently (Art. 66(1)(c), a penalty shall be imposed without exceeding the maximum penalty prescribed in the Special Part of this Code for the most serious crime.
(c) Where the criminal intentionally committed crimes endangering public security or interest (Art. 66(2)), the penalty shall be aggravated in accordance with the provision of Article 184.
Article 188- Aggravation in Case of Recidivism.
(1) Where a fresh crime is committed in the circumstances specified under Article 67 of this Code, the Court shall aggravate the penalty, and may pass a sentence exceeding the maximum penalty laid down in the Special Part of this Code for the fresh crime.
It may double the penalty provided in the Special Part of this Code for the fresh crime or for the most serious fresh crime in case of concurrence.
(2) Having regard to the nature and multiplicity of crimes, the degree of guilt and the danger represented by the criminal, the Court may, without being bound by the maximum penalty provided in sub-article (1) above, aggravate up to the maximum penalty laid down in the General Part of this Code for the kind of punishment applied.
Where the criminal is a persistent recidivist the Court shall aggravate the sentence by going beyond double the penalty prescribed for the fresh crime.
(3) The penalty to be determined under the provisions of sub-article (1) or (2) of this Article shall in no case exceed the maximum penalty prescribed in the General Part of this Code for the kind of penalty applied (Arts. 106 and 108).
Sub-section III- Cumulation of Extenuating and Aggravating Circumstances
Article 189- Cumulation of Different Extenuating and 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 them 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 or the extenuating circumstances.
Section II- Suspension of Penalty
Sub-Section I- Conditional Suspension of Penalty
Article 190- Principle.
When the Court, having regard to all the circumstances of the case, considers that conditional suspension of the penalty will promote the reform and reinstatement of the criminal, it may order conditional suspension of the sentence as provided hereinafter.
Such an order implies an appeal to the cooperation of the criminal for his own reform and may at any time be revoked if circumstances show that it is not justified.
Article 191- Suspension of Pronouncement of the Penalty; Suspended Sentence.
When the criminal has no previous conviction and does not appear dangerous and where his crime is punishable with fine (Art. 90), compulsory labour (Arts. 103 and 104) or simple imprisonment for not more than three years (Art. 106), the Court, after having convicted the criminal, may suspend sentence and place the criminal on probation, where it is of the opinion that such decision will lead to the reform of the criminal.
No conviction shall be entered when a criminal is placed on probation and does not break the conditions of his probation.
Article 192- Suspension of Enforcement of the Penalty.
When the Court considers that the criminal, whether previously sentenced or not (Art. 194), shall receive a warning it shall enter a conviction and pass sentence but may order that the enforcement of the sentence be suspended for a specified period of probation. The Court may not, however, suspend the enforcement of measures (Arts. 127-159).
If the probation is successfully undergone the sentence shall be remitted, but the conviction entered in the judgment register shall remain with all its other consequences.
Article 193- Cumulation of penalties, Divisibility of Suspension.
If there is cumulation of penalties, in particular when secondary penalties are imposed, the Court may, for public securities or general interest, decide not to extend the measure of suspension to some of the penalties on account of their preventive nature and the interest attaching to their enforcement.
Article 194- Disallowance and Withdrawal of Suspension.
(1) Suspension of the enforcement of a penalty shall not be allowed:
(a) where the criminal has previously already undergone a sentence of rigorous imprisonment or a sentence of simple imprisonment for a term exceeding three years and where he is sentenced again to one of these penalties for the crime for which he is tried, without prejudice to the provisions regarding recidivism (Arts. 67 and 188).
(b) Where the criminal, having not been sentenced previously, is sentenced to a term of rigorous imprisonment exceeding five years for the crime for which he is now tried.
(2) Similarly the Court may revoke the suspension granted:
(a) where, after having been granted a suspension of penalty, it is discovered that the criminal had committed a crime and where the nature and extent of the penalty, that would be imposed for the crime, satisfy the requirement under sub-article (1)(a) above; or
(b) where the criminal, having been granted suspension of penalty, intentionally commits a fresh crime during the period of probation Article 200(2); or
(c) where the Court is of the opinion that the conditional suspension in the previous case will not produce good results.
Article 195- Enquiry
Where the Court is of the opinion that previous enquiry is necessary for the purpose of deciding whether suspension should be granted, it shall require information as to antecedents, character, living and working conditions of the criminal applying for suspension.
Information may be given by a supervisor or a reliable welfare worker or an officer of a charitable organization.
Article 196- Common Provisions: Period of Probation.
(1) In choosing either of the two forms of suspension (Arts. 191 and 192), the Court shall give grounds for its decision.
It may not give an order of suspension unless the antecedents, character and attitude of the accused afford a reasonable presumption that the suspension will produce good results.
(2) The Court shall fix the probation period imposed upon the criminal taking into account the gravity of his crime, the risk of a relapse and his reliability.
The probation period shall be of at least two years and may not exceed five years.
Article 197- Conditions of the Probation.
(1) Conditional suspension shall follow upon the criminal entering into a formal undertaking to be of good conduct, to accept the requirements laid down, as well as to repair, to the fullest extent possible, the damage caused by the crime or to pay the indemnity to the injured person (Art. 101) as well as to pay the judicial costs within the time therefore.
(2) The Court shall require a security for the undertaking. It may consist in a guarantee of a personal or material nature. It shall determine it having regard to the circumstances and the possibilities of the case
Article 198- Rules of Conduct to be imposed upon the Criminal.
(1) The Court shall specify the rules of conduct, protection and supervision, which appear to it to be necessary.
Such rules may prescribe, in particular, the requirement of learning a trade, residing, working or living in a particular place, refraining from consorting with certain people or consuming alcoholic beverages, remitting to the probationer’s family, guardian or protector part of his earnings, undergoing a requisite treatment or subjecting himself to any other similar measure for securing the success of the probation.
(2) Rules of conduct shall take into account the individual criminal’s needs, according to the circumstances and the nature of the risk run and shall be framed with a view to his reform, in accordance with the provisions of the law.
They must not be inconsistent with the aims of the institution of suspension, nor prescribe requirements which are incompatible with the provisions of the law.
(3) The rules of conduct laid down may be varied at the request of the probationer, his protector, guardian or guarantor, or on the application of the Attorney General where the necessity is apparent.
Article 199- Control and Supervision.
(1) Upon granting suspension the Court shall, if it is necessary, place the criminal under the supervision of a protector, guardian, probation officer or a charitable organization in general (Art. 208).
The protector or supervising officer shall keep in touch with the probationer: he shall visit him at home or at his place of work, make arrangements for his leisure hours, give him guidance and facilitate to the best of his ability his readjustment in life and his reform.
The protector or supervising officer shall exercise over the probationer a regular but unobtrusive control and report at least every three months and at more frequent intervals when necessary to the appropriate probation commission.
(2) The organization and the duties of the probation commissions and probation officers shall be regulated by law.
Article 200- Effect of Failure of Probation.
(1) If during the period of probation the probationer infringes one of the rules of conduct imposed upon him, evades supervision or the authority of the charitable organization to which he is entrusted, commits a crime by negligence or in any other manner betrays the confidence placed in him, subject to his being prosecuted for the crime he negligently committed, a formal warning shall be addressed to him by the Court.
If necessary, fresh rules of conduct or the extension of the probation period originally fixed may be imposed within the limits permitted by law.
(2) If the probationer persists in his attitude or his conduct despite this formal warning or if he intentionally commits a fresh crime during the probation period the measure of suspension shall be revoked by the Court but not before the probationer has been given an opportunity of being heard.
A second suspension cannot be awarded for a new crime intentionally committed.
(3) In such a case the Court shall pronounce the penalty which it had suspended and order its enforcement or order the enforcement of the penalty which it had imposed.
If the measure of suspension is cancelled on the ground of a fresh and intentional crime, subject to the provisions regarding recidivism (Art. 188), the penalty shall be aggravated by adding the penalty for the fresh crime to the penalty pronounced or to be pronounced.
Sub-section II- Conditional Release
Article 201- Principle.
In all cases where a penalty or measure entailing loss of liberty provided by this Code is imposed, anticipatory conditional release may be awarded by way of probation at the end of the period of enforcement provided by law, when the general requirements therefore are satisfied (Art. 202).
Conditional release must be regarded as a means of reform and social reinstatement. It must be deserved by the criminal to whom it is applied and must be awarded only in cases where it affords a reasonable chance of success.
Article 202- Conditions for Release.
(1) Where a prisoner has served two-thirds of a sentence of imprisonment or twenty years in case of life imprisonment, the Court may, on the recommendation of the management of the institution or on the petition of the criminal, order conditional release:
(a) If, during the requisite period of performance of the penalty or the measure entailing loss of liberty, the criminal, by his work and conduct, gave tangible proof of his improvement; and
(b) If he has repaired, as far as he could reasonably be expected to do, the damage found by the Court or agreed with the aggrieved party; and
(c) If the character and behaviour of the criminal warrant the assumption that he will be of good conduct when released and that the measure will be effective.
(2) Notwithstanding the foregoing provisions, conditional release shall not be granted to persistent recidivists.
Article 203- Information Concerning Conditional Release.
(1) Prisoners shall be informed upon their conviction and when entering the institution to which they are committed of the possibility and conditions of their anticipatory release.
(2) The Director of the institution shall recommend release of the criminal where the conditions for granting release appear to have been fulfilled or shall submit the petition of the criminal to be released together with his opinion.
Article 204- Period of probation.
Upon ordering conditional release the Court shall fix a period of probation which unless otherwise ordered, shall expire at the end of the sentence or the measure which remains to be undergone.
This period shall in no case be of less than two years nor, subject to any provision to the contrary, of more than five years. In the case of a criminal sentenced to life imprisonment the period of probation shall not be less than five years and not more than seven years.
Article 205- Rules of Conduct and of Supervision.
(1) Appropriate rules of conduct to be observed by the probationer during the period of probation shall be laid down in accordance with the foregoing general provisions (Art. 198).
They shall, in particular, take into account the age and character of the released prisoner, the risk to which he may be exposed and the degree of the reliability of his family, employment and social circumstances upon leaving the institution.
The fulfillment of these conditions shall, as far as possible, be prepared prior to release with the assistance of the management of the institution and the protection, guardianship or the competent public authority.
(2) The released probationer shall, unless otherwise ordered, be subject to the supervision, direction and guidance of a protector or charitable organization (Art. 208). However, this measure may not be passed in cases where it cannot be enforced or where its enforcement is unnecessary.
Article 206- Result of Probation.
(1) The requirements for probation and conditions under which it can be revoked shall be governed by the forgoing general provisions (Art. 200).
(2) When the conditional release has been revoked the released person shall be sent back to the institution from which he had been released.
The time spent in conditional liberty shall not be deducted from the term of the sentence or duration of the measure still to be undergone.
If a fresh crime has meanwhile been committed, subject to the provisions regarding recidivism (Arts. 67 and 188), the penalty to be pronounced for the new crime shall be added to the remaining penalty and enforced.
(3) If the released person is of good behaviour until the expiration of the period of probation his release shall be final and his penalty extinguished.
Article 207- Effect of Prohibitions and Other Measures.
(1) When, in addition to a penalty entailing loss of liberty, a prohibition to practice a trade or profession (Art. 123(c)), to resort to certain places or there to reside, or obligatory residence or expulsion (Arts. 145-150) has been ordered, the Court may, in the event of conditional release and upon such release, order by way of probation, the suspension of the prohibition (Art. 152) if having regard to all the circumstances it seems desirable.
It shall be guided by the degree of reform of the released person, the disappearance or diminution of his dangerous disposition and the favourable effect that suspension may be expected to produce on his reinstatement.
(2) The Court shall so decide after enquiry (if any) and on the recommendation of the penitentiary authority and the appropriate supervisory authority and the appropriate supervisory authorities.
It shall determine the conditions, limitation or guarantees (security, control, etc.) upon which the attempt at resumption of normal life shall be conditioned.
(3) When a conditionally released criminal has behaved himself in accordance with the rules of conduct imposed upon him without any blame and appears to be reformed such that it is not likely that he will again commit the crime for which a penalty restricting liberty or entailing expulsion was imposed, the additional penalty or measure that was imposed upon him shall no longer be applied.
Sub-section III- Supervision by a Charitable Organization
Article 208- Principle.
Supervision by a charitable organization is an essential feature of the system aiming at obtaining good results from the enforcement of penalties and measures and the various methods whereby such enforcement is carried out.
The placing under the supervision of a charitable organization is compulsory in all cases where the law so provides. In all other cases a criminal either conditionally or finally released may at all times voluntarily have recourse to the help or assistance of such an organization. The responsible charitable bodies shall be bound to afford him their assistance.
Article 209- Purpose and Duties.
(1) The duties of the charitable organizations consist in affording criminals who have to readjust themselves to life in the community, either during a period of suspension or after their conditional or final release from a penalty or a measure entailing lost of liberty, counsel, guidance and moral and material assistance with a view to achieving the purpose of reinstatement which is aimed at, and forestalling a future relapse.
The appointed charitable organization may, in particular, place the protected persons in employment or find for them, or assist them in finding, work, an employer, lodgings or relief, direct them as to the proper use of their savings or earnings and, generally, give them every other support necessary to enable them to lead an honest life.
(2) It shall exercise regular supervision over them but with such discretion as is proper so as not to risk impairing their rehabilitation, and report to the Court and to the competent authorities whenever necessary.
Article 210- Organization.
(1) The aforesaid duties shall be carried out by the association or groups, of a public or private character, which devote their activity thereto, with the assistance and under the control of the State.
They may be entrusted to a qualified protector or probation officer of unimpeachable morality, to be appointed from case to case.
Unless otherwise necessary they shall not be entrusted to police authorities.
(2) The detailed conditions shall be regulated in law concerning the enforcement of penalties and orders dealing with this matter.
Section I- Absence of Accuser or Accused
Sub-section I- Absence of Accusation or Complaint
Article 211- Right of Complaint or Accusation in General.
(1) Prosecution with a view to a judgment and the enforcement of the penalty is a public proceeding and is instituted by the public prosecutor in all cases where the law does not otherwise expressly provide.
(2) Prosecution by the public prosecutor does not exclude the right of lodging a complaint or accusation to the competent public authorities.
Article 212 Crimes Punishable upon a Formal complaint.
Where the law in the Special Part of this Code or in any other legislation that complements criminal law provides that a crime is punishable upon complaint, no charge shall be instituted against the criminal unless the injured party or his legal representative institutes a complaint.
Article 213- Time within which to Lodge a Complaint.
The complaint must be lodged within three months from the day when the injured person knew of the criminal act or the criminal.
Upon expiration of this period of time he shall be deemed to have renounced so doing unless he was materially incapacitated from acting, and the complaint shall not longer be entertained.
Where a complaint is not made owing to the aforesaid ground, the period of three months shall run from the day on which the incapacity ceased to exist.
Sub-section II- Death of an Accused or a Convicted Person
Article 214- Death of the Accused Prior to Conviction.
A Prosecution may neither be instituted nor continued where an accused person dies before the institution of a charge in a court or before the pronouncement of judgment.
Article 215- Death of a Convicted Person.
Death of a convicted person after a sentence has been passed puts an end to the enforcement of the penalties and any measures pronounced.
Section II- Limitation as to prosecution and Penalties
Sub-section I- Limitation as to Prosecution
Article 216- Principle and Effect.
(1) Unless otherwise provided by law, in all criminal cases the prosecution and the criminal action shall be barred and may no longer be instituted or brought upon the expiration of the legal period of time stated below.
Limitation extinguishes the liability to punishment in respect to any of the participants. As soon as the limitation period has elapsed neither a conviction nor penalties or measures may be pronounced.
(2) Even where the defendant fails to raise the barring of the charge by a period of limitation the Court or the Prosecutor shall, at any time, consider the barring of the charge by limitation.
Article 217- Ordinary Limitation Periods.
(1) The limitation period of a criminal action shall be as follows:
(a) twenty-five years for crimes punishable with death or rigorous imprisonment for life;
(b) twenty years for crimes punishable with rigorous imprisonment exceeding ten years but not exceeding twenty-five years;
(c) fifteen years for crimes punishable with rigorous imprisonment exceeding five years but not exceeding ten years;
(d) ten years for crimes punishable with rigorous imprisonment not exceeding five years;
(e) five years for crimes punishable with simple imprisonment exceeding one year;
(f) three years for crimes punishable with simple imprisonment not exceeding one year, or with fine only.
(2) In respect of concurrent crimes
(a) the period of limitation for one of the crimes shall apply to all of them where the maximum penalty of each crime is the same;
(b) the period of limitation for the most serious crime shall apply to the other crimes where the maximum penalties of the concurrent crimes are different.
Article 218- Special Periods.
Subject to the provision of Article 213, the period of limitation of any crime punishable upon complaint shall be two years.
Article 219- Calculation of Periods.
(1) Limitation periods shall be determined on the basis of the maximum penalty provided by the provision of the special Part without regard to the extenuating or aggravating circumstances involved in the case.
Where the law penalizes the act with several penalties to be applied either alternatively or concurrently the periods shall be calculated on the basis of the most severe penalty.
(2) The limitation period shall begin to run from the day on which the criminal first exercised his criminal activity.
If the criminal act was committed repeatedly the period shall begin to run from the day on which the last act was performed; if it was pursued over a period of time the period shall begin to run from the day on which it ceased.
Where achieving a given result is one of the constituents of the crime the Period shall begin to run on the day on which this result occurred.
Article 220- Suspension of Period of Limitation.
(1) Limitation shall be temporarily suspended as long as there subsists a bar in law or in fact.
It shall also be suspended where a charge has been instituted and the case is undergoing a judicial proceeding, or where the decision in the criminal case against the defendant cannot be given until other proceedings have been completed.
Upon removal of the bar the period of limitation shall revive and continue its course.
(2) In all cases where the law requires the lodging of a complaint for the institution of a prosecution the absence of this formality shall not prevent the limitation period from running.
Similarly, any act of the criminal voluntarily done to hinder the institution or continuation of the prosecution shall not prevent the limitation period from running.
Article 221- Interruption of Period of Limitation.
The limitation period shall be interrupted by any order, act or decision for purposes of search, summons, prosecution or investigation in relation to
the crime or the criminals. Upon each interruption the whole period of limitation shall begin to run afresh. The interrupting act shall be absolute as to its effect; it is effectual towards all the participants in the crime, whether known or unknown.
Article 222- Absolute Limitation.
Whatever the circumstances may be the prosecution and the criminal action shall be barred in all cases when a period equal to double the ordinary period of limitation provided by law (Art. 217) has elapsed or, in cases where a special period applies (Art. 218), when such a period has been exceeded by half.
Sub-section II- Limitation of Penalties and Measures
Article 223- Principle and Effect.
(1) Unless otherwise expressly provided by law, when for any reason whatsoever the sentence has not been enforced within the period of time stated below, the right to enforce it shall be extinguished and the penalty or measure pronounced no longer enforceable (Arts. 224-228).
The limitation of the principal penalty shall entail the limitation of any secondary penalties or measures. The limitation of the principal penalty shall also apply to the confiscation of property related with the penalty. However, where measures are imposed without principal penalties the provision of Article 224(d) shall apply.
(2) Limitation must be carried out on their own initiative by all appropriate judicial or executive authorities.
(3) Despite the non-execution of the sentence passed due to the expiry of the period of limitation, its entry shall remain in the judgment register of the criminal.
Article 224- Ordinary Periods of Limitation of Penalties and Measures.
(1) The period of limitation of the penalties or measures shall be as follows:
(a) thirty years for a death sentence or a sentence for rigorous imprisonment for life;
(b) twenty years for a sentence for rigorous imprisonment for more than ten years;
(c) ten years for a sentence entailing loss of liberty for more than one year;
(d) five years for all other penalties or measures.
(2) In the event of concurrent penalties, the lighter penalties shall be barred at the same time as the most severe penalty.
Article 225- Calculation of the Period.
(1) The period of limitation shall run from the day on which the judgment, being final, was enforceable or, if the enforcement had commenced, from the day on which the convict evaded such enforcement.
When the convict was granted the benefit of a measure of suspension and such suspension was cancelled, the period shall start from the day on which the enforcement of the penalty was ordered.
(2) Where concurrent penalties have been decided the period of limitation shall be calculated on the basis of the period of limitation for the most severe penalty.
Article 226- Suspension of Period of Limitation of Penalty and Measures.
The limitation of the penalty or measure shall be suspended:
(a) whenever penalty or measure cannot be carried out or continued under the provisions of the law, and as long as such impediment subsists;
(b) as long as the convict enjoys the benefit of a measure of suspension or probation or was granted time for payment;
(c) as long as he is imprisoned pursuant to a penalty entailing loss of liberty or an order of measure.
Article 227- Interruption of Period of Limitation of penalty.
Limitation shall be interrupted by any act for the enforcement, or aiming at the enforcement, of the penalty performed by the authority responsible for such enforcement.
Article 228- Absolute Period of Limitation of Penalties and Measures.
The limitation of the penalty or the measure shall in all circumstances be final when the ordinary period (Art. 224) is exceeded by one half, save when, during this period, the criminal showed that he is dangerous by committing an intentional crime punishable with at least rigorous imprisonment.
Section III- Pardon and Amnesty
Article 229- Pardon.
(1) Unless otherwise provided by law, a sentence may be remitted in whole or in part or commuted into a penalty of a lesser nature or gravity by an act of pardon of the competent authority.
Pardon may apply to all penalties and measures, whether principal or secondary and whatever their gravity, which are enforceable.
(2) The conditions of pardon shall be governed by the relevant provisions of public law. The order granting pardon may determine the conditions to which it is subjected and its scope.
Pardon shall not cancel the sentence the entry of which shall remain in the judgment register of the criminal and continues to produce its other effects.
Article 230- Amnesty.
(1) Unless otherwise provided by law, an amnesty may be granted in respect to certain crimes or certain classes of criminals, either absolutely or subject to certain conditions or obligations, by the appropriate competent authority, when circumstances seem to indicate that such a measure is expedient.
The conditions of granting amnesty shall be as provided by law.
The law shall specify its purpose, the beneficiaries and its scope.
(2) An amnesty bars or discontinues any prosecution from the moment of its promulgation.
When a sentence has been passed an amnesty cancels it as well as all its other consequences under criminal law. The conviction shall be presumed to be non-existent and the entry deleted from the judgment register of the criminal.
Article 231- Civil Reparation and Costs.
(1) Pardon or amnesty shall not affect any civil reparation and the payment of damages to injured persons.
(2) Unless otherwise provided by the order granting pardon or amnesty, costs incurred towards the State and which have not yet been collected shall be regarded as remitted by either measure.
Section IV- Reinstatement
Article 232- Principle.
(1) A convict who has undergone his penalty or whose penalty is barred by limitation or has been remitted by pardon or whose penalty has been suspended on probation or who has been released conditionally may, at his request, obtain his reinstatement and the cancellation of his conviction, if he fulfils the conditions mentioned hereinafter.
Reinstatement must be deserved and shall never be granted as of right.
(2) If the convict who satisfies the requirements prescribed by law is incapable of acting by himself or has died, the request may be made by his legal representative or a next-of-kin.
Article 233- Conditions for Reinstatement.
Reinstatement shall be granted by the Court:
(a) if in the cases of a penalty of rigorous imprisonment, a measure of permanent expulsion or a penalty of general confiscation of property a period of at least five years has elapsed since the penalty was undergone or barred by limitation or since the convict was released because his penalty was remitted by pardon, or since the penalty was suspended or since the convict was conditionally released, where he successfully underwent the period of probation in case of suspension of penalty or conditional release; in other cases, the period must be two years at least;
(b) if the sentence has been enforced as regards any secondary penalties imposed;
(c) if the convicted person has paid the compensation, damages and costs ordered by the judgment in so far as it could be expected from him having regard to circumstances; and
(d) if during the period specified in sub-article (a) above the convicted person was always of good behaviour and has not been convicted of a crime punishable with imprisonment.
The minimum period for the conditions of reinstatement specified in sub-article (a) above shall apply only as long as it does not affect the period regarding recidivism as laid down in Article 67 of this Code.
Article 234- Special Cases.
(1) When the penalty is barred by limitation reinstatement may not be ordered before the time at the earliest when the penalty pronounced would have come to an end if it had been undergone on the coming into force of the sentence.
(2) When a notably praiseworthy act performed by the applicant in the civil, military or social fields so justifies, reinstatement may be ordered prior to the expiration of the normal period of time.
Article 235- Effects of Reinstatement.
Reinstatement, since it cancels the sentence, shall produce the following effects;
(1) the convicted person is relieved, for the future, of any forfeitures of rights or privileges, incapacities and disqualifications and recovers the capacity to exercise his civil, family and professional rights;
(2) the sentence shall be deleted from the judgment register and for the future be presumed to be non-existent;
(3) a reproach referring to an old conviction made either by ill-will or any other reason shall come under the provisions of criminal law regarding defamation, and the defences based upon justification or public interest shall not be admissible.
Article 236- Dismissal and Renewal of the Request.
If the Court dismisses the request for reinstatement as unjustified it cannot be renewed before a period of two years has elapsed.
Article 237- Revocation of the Decision.
Reinstatement shall be revoked and may no longer be granted when subsequently, within a period of five years, a fresh sentence to capital punishment or rigorous imprisonment has been imposed upon the reinstated person by a judgment which is final.