BOOK I-GENERAL PART
TITLE III-JURIDICAL CONSEQUENCES OF THE ACT
CHAPTER II-PENALTIES
SECTION III
WORK FOR THE COMMUNITY AND ADMONITION
Article 58
Work for the community
1- If an imprisonment sentence not exceeding one year is to be imposed upon the agent, the court will substitute it for work for the community whenever it concludes thereby that the aims of punishment will be achieved in a proper and sufficient form.
2- Work for the community consists in the performance of unpaid services to the State, to other public law corporations or to private entities the aims of which the court considers of interest to the community.
3- The work is fixed between 36 and 380 hours, and it can be done on working days, on Saturdays, Sundays and holidays.
4 – The duration of the working periods shall not disturb the usual day’s work, nor exceed, per day, that which is allowed according to the applicable overtime regime.
5 – The penalty of work for the community may only be imposed with the consent of the convict.
Article 59
Temporary suspension, revocation, extinguishment and substitution
1- Work for the community may be temporarily suspended by serious reasons of medical, familiar, professional, social or other order, but the period of execution of the sentence may not exceed 18 months.
2- The court revokes the penalty of work for the community and orders the enforcement of imprisonment penalty fixed in sentence if the agent, after the conviction:
a) intentionally puts himself in a condition that prevents him from working;
b) Refuses to work without just cause, or grossly infringes the duties resulting from the penalty to which he was sentenced; or
c) Commits a crime for which he is sentenced, and shows that the aims of the community work sentence were not able, thereby, to be achieved.
3 – The prescriptions in article 57 are correspondingly applicable.
4 – If, in cases stated in number 2, the convict has to be subjected to imprisonment, but had already executed work for the community, the prison penalty he is to fulfil shall be equitably deducted by the court.
5 – If the work for the community is considered satisfactory, the court may declare extinct the sentence of not less than seventy-two hours, as soon as two-thirds of the sentence is accomplished.
6 – If the agent is not able to execute the work to which he has been sentenced by a motive that is
not attributable to him, the court, according to what shows to be more suitable for the fulfilment of the punishment aims:
a) Substitutes the imprisonment penalty fixed in the sentence for a fine up to 120 days, the prescription in number 2 of article 44º being correspondingly applicable the stated; or
b) Suspends the imprisonment penalty fixed in judgment, for a period between 1 and 3 years, subjecting it, in the terms of articles 51 and 52, to the accomplishment of the appropriate duties or
rules of conduct.
Article 60
Admonition
1- If the agent ought to be sentenced to a fine of a measure not superior to 120 days, the court may limit itself to pronounce an admonition.
2- Admonition only takes place if the damage has been repaired and the court concludes that, doing so, the aims of punishment will be accomplished in an appropriate and sufficient way
3- As a rule, admonition will not be used if the agent, during the 3 years prior to the act, has been sentenced to whatever penalty, including admonition.
4- Admonition consists of a solemn oral censure made in session by the court to the agent.
Determination of sentence - national proceedings
EDIT.