Initial resultant punishment, applied for concurrent offences, whose execution is suspended under supervision according to the previous Criminal Code

A new offence, committed after the entry into force of the current Criminal Code and in the probationary period of the execution’s suspension under supervision of the initial resultant punishment. Intermediate plurality of offenses. How to determine the final resultant punishment

Abstract

If the defendant commits a new offence after the entry into force of the current Criminal Code and in the probationary period of the execution’s suspension under supervision of an initial resultant punishment applied according to the previous Criminal Code for concurrent offenses, and imprisonment was established for all the offenses that enter in the structure of the intermediary plurality, the steps to obtain the final resultant punishment are as follows:

a) revocation of the execution’s suspension under supervision of the initial resultant punishment applied according to the previous Criminal Code;

b) deconstructing the initial resultant punishment and restoring the individual punishments;

c) merging all the individual punishments established for all the offenses which enter into the structure of the intermediate plurality (the punishments within the initial resultant punishment and the punishment established for the new offense);

d) applying a final resultant punishment, consisting in the most severe punishment plus a one-third increase of all the other punishments.