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 32
(Concourse of legal provisions)

1. If a deed can be characterized as a crime, in whole or in part, pursuant to more than one legal provision, and if the situation covered in the preceding articles does not apply, punishment for that deed shall be imposed according to the following rules:

(a) a specific provision shall be applied with precedence over a general provision;

(b) a subsidiary provision shall only be applied in a situation where the principal provision does not apply;

(c)the broader and more complex provision shall subsume the provisions and punishment applicable to the offence.

2. If the rules set forth in the preceding paragraph do not apply, the provision that establishes the more severe penalty shall apply.