BOOK I-GENERAL PART
TITLE III-JURIDICAL CONSEQUENCES OF THE ACT
CHAPTER II-PENALTIES
SECTION I-IMPRISONMENT AND FINE
Article 41
Duration of imprisonment penalty
1- Imprisonment penalty usually has the minimum duration of one month and the maximum duration of 20 years.
2- The maximum limit of imprisonment penalty is 25 years in the cases prescribed by law.
3- The maximum limit referred to in the previous number in no case should be exceeded.
Article 42
Duration of confinement
The duration counting for the sentence of confinement is done according to the criterion established by penal law procedure and, in case of omission, by civil law.
Article 43
Execution of imprisonment sentence
1- The execution of imprisonment sentence, which serves the defence of society and prevents the perpetration of crimes, should be guided to enable the social reintegration of the prisoner, and to
prepare him to lead his life in a socially responsible way, without committing crimes.
2- The execution of imprisonment sentence is rules in its proper legislation, in which the duties and the rights of the prisoners are fixed.
Article 44
Substitution of short penalty imprisonment
1- An imprisonment sentence applied to a period not exceeding 6 months is substituted for a fine
penalty or for another non-custodial applicable penalty, except if the execution of imprisonment isrequired by the necessity of preventing further crimes. The rule prescribed in number 3 under the article 47 is correspondingly applicable.
2- If the fine is not paid, the convict is sent to prison with the penalty applied in the sentence. That which is prescribed in number 3 under the article 49 is correspondingly applicable.
Article 45
Free days imprisonment
1- Imprisonment penalty for a period not exceeding 3 months, which must not be substituted for a fine or other non-custodial penalty, shall be fulfilled on free days whenever the tribunal concludes that, in the referred case, this form of fulfilment is proper and sufficient for punishment goals.
2- The imprisonment on free days consists in deprivation of liberty during correspondent periods of weekends, which should not exceed 18 periods.
3- Each period has the minimum duration of 36 hours and the maximum of 48 hours, equalizing 5 days of continuous imprisonment.
4- The holidays previous to, or immediately following a weekend may be used to execute the imprisonment on free days, regardless of the maximum duration established for each period.
Article 46
Regime of semi-detention
1- The imprisonment penalty of a period not exceeding 3 months, which is not substituted for a fine or other non-custodial penalty nor carried out on free days, may be executed in a regime of semi-detention, if the convict agrees.
2- The regime of semi-detention consists in a deprivation of liberty that allows the convict to
proceed his normal professional activity, his professional formation or his studies, with permission to stay out strictly limited to the fulfilment of his duties.
Article 47
Fine penalty
1- A fine penalty is fixed with reference to days, in accordance with the criterion established in number 1 under the article 71, and generally has a minimum limit of 10 days and a maximum of
360 days
2- Each day corresponds to a fine from €1 to €498.80, which the tribunal fixes in regard to the economic and financial conditions of the convict and his personal duties.
3- Whenever it is justifiable by the economic and financial conditions of the convict, the tribunal may authorize the payment of fine within a term not exceeding 1 year, or allow the payment by means of instalments, the last of which not exceeding 2 years subsequent to the date of the definite
sentence of conviction.
4- Within the limits referred to in the previous number and when posterior motives justify it, the period of payment initially established may be altered.
Article 48
Substitution of fine for work
1- When requested by the convict, the tribunal may order a fixed fine to be totally or partially
substituted for work in establishments, factories or State works and other corporation, legal person,or private institutions of social solidarity, when the tribunal concludes that this form of fulfilment executes the aims of punishment properly and sufficiently.
2- The provisions in number 3 and 4 under the article 58, and in number 1 under the article 59, are correspondingly applicable.
Article 49
Conversion of unpaid fine for subsidiary imprisonment
1- If the fine, which has not been substituted for work, failed to be paid, voluntarily or coercively, subsidiary imprisonment is imposed on the convict for a corresponding time reduced to 2/3rd , even if the crime is not punishable by imprisonment, and the minimum limit of days concerning number 1 under the article 41 is not applied.
2- The convict may all the time avoid the subsidiary imprisonment execution of imprisonment if he, totally or partially, pays the fine of which he has been convicted.
3- If the convict proves that the reason for not paying the fine is not imputable to him, the
execution of the subsidiary imprisonment may be suspended for 1 to 3 years, as long as the
suspension is dependent on the fulfilment of duties or rules of behaviour of non-economic or
financial nature. If the duties or rules of conduct are not fulfilled, subsidiary imprisonment shall be executed; if they are, the penalty is declared to be extinct.
4- The rules in number 1 and 2 are correspondingly applicable to the case in which the convict guiltily fails to fulfil the working days, for which, by his own request, the fine was substituted. If
the failure of fulfilment is not imputable to him, that which is prescribed in the previous number is correspondingly applicable.
Determination of sentence - national proceedings
EDIT.