BOOK FIRST PENAL LAWS

PART I
OF PUNISHMENTS AND GENERAL RULES FOR THEIR APPLICATION, OF THE WILL AND AGE OF
THE OFFENDER, OF ATTEMPTED OFFENCE, OF ACCOMPLICES AND OF RECIDIVISTS

Title I
OF PUNISHMENTS AND GENERAL RULES FOR THEIR APPLICATION

Sub-title III
OF THE ASCENT AND DESCENT FROM ONE PUNISHMENT TO ANOTHER

31. (1) The ascent or descent from one degree of punishment
to another shall be as follows:

(a) subject to any special provision contained in this Code, from the punishment of imprisonment for life the descent shall be in accordance with the scale of punishments of imprisonment as specified in
paragraph (b);

(b) subject to any special provision contained in this Code, the following shall be the scale of punishments of imprisonment:
(i) from eight years to thirty years,
(ii) from seven to twenty years,
(iii) from six to twelve years,
(iv) from five to nine years,
(v) from four to six years,
(vi) from three to five years,
(vii) from two to four years,
(viii) from eighteen months to three years,
(ix) from thirteen months to two years,
(x) from nine to eighteen months,
(xi) from seven months to one year,
(xii) from five to nine months,
(xiii) from two to six months,
(xiv) from one to three months;

(c) the descent from the fourteenth degree shall be to imprisonment for a term not exceeding twenty days, or to detention or to a fine (ammenda);

(d) in the ascent from one degree to another, the order shall be inverted, commencing from the fourteenth degree;

(e) in default of an express provision to the contrary, the ascent from the first degree shall be made by adding to the punishment of imprisonment the punishment of solitary confinement for not more than twelve terms, or by adding other aggravations of punishment established by the prison regulations;

(f) the ascent from the punishment of a fine (multa) shall be to imprisonment for a term not exceeding three months, and the descent shall be to the punishments established for contraventions;

(g) the ascent from the punishments established for contraventions shall be to the punishment of a fine

(2) The law establishing in general terms a descent from one punishment to another, shall not be deemed to include cases of contraventions or of crimes liable to the punishments for contraventions.


32. (1) Where the punishment includes a latitude of more degrees, the ascent or descent shall be made by raising or lowering the maximum and the minimum to the nearest degree respectively.

(2) When the punishment of solitary confinement is added to another punishment, the ascent or descent shall be reckoned on such other punishment:
Provided that in cases of descent, the court may restrict the punishment of solitary confinement to any smaller number of terms or omit such punishment altogether.