'Multiplicity of criminal offences' in document 'Cape Verde - Penal Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Cape Verde Legislative Decree 4/2003 of 18 November 2003 - PENAL CODE

VOLUME I - GENERAL PROVISIONS

TITLE II - PUNISHABLE DEEDS

CHAPTER II - CHARACTERISTICS OF A PUNISHABLE DEED

Article 30
(Concourse of crimes)

1. Concourse exists when the perpetrator, having committed a crime, commits a second crime before being convicted for the first crime pursuant to a court judgement.

2. The number of crimes shall be determined by the number of standard types of crime actually committed, or by the number of times the same standard type of crime was committed through the perpetrator's conduct.

Article 31
(Punishment of a concourse of crimes)
1. In the event of a concourse of crimes, the perpetrator shall be convicted and given a single penalty, for which the minimum shall be the highest penalty specifically applied to each of the crimes and the maximum shall be the sum of the penalties specifically applied to each of the crimes committed, although in no case may the maximum be greater than 25 years' imprisonment or 800 days' fine.

2. If, after a court conviction has been handed down but before the corresponding penalty has been fulfilled, prescribed or extinguished, it is proven that the perpetrator, prior to being convicted, committed another crime or crimes, the rules of the preceding paragraph shall apply.

3. Accessory penalties and security measures shall always be imposed, even if they are established in only one of the applicable laws.