Section 89.- If there are the circumstances personal to any offender so as to excluded, reduce or increase the punishment, such circumstances personal shall not be applied to any other offender for committing such offence. But the circumstances so as to exclude, reduce or increase the punishment as circumstances relating to the nature of the offence, it shall be applied to every offender involving the commission of the offence.

 

CHAPTER 7

CONCURRENCE OF OFFENCES

 

Section 90.- Any act is an offense violating several provisions of the law having the severest punishment shall be applied to inflict the punishment upon the offender.

 

Section 91.- If it appears that any offender has committed the several distinct and different offences, the Court may inflict upon such offender the punishment prescribed for each offence. But, whether there shall be increase of the punishment, reduction of the punishment or reduction in the scale of the punishment, or not, the total punishment of every offence must not exceed the following determination :

(1) Ten years in case of the severest offence to have the rate of the maximum punishment of imprisonment not exceeding three years ;

(2) Twenty years in case of the severest offence to have the rate of the maximum punishment of imprisonment exceeding three years upwards, but not more than ten years ;

(3) Fifty years in case of the severest offence to have the rate of the maximum punishment of imprisonment exceeding ten years upwards, unless in the case where the Court inflicts upon the offender the punishment of imprisonment for life.

  

CHAPTER 8

RECIDIVISM

 

Section 92.- If whoever, having been adjudged finally to be convicted by imprisonment, has committed any subsequent offence during the time still having to undergo the punishment, or within five years as from the date of passing the punishment, if the Court will sentence for the subsequent offence to be imprisoned, the Court shall increase the punishment to be inflicted upon such person by one-third of the punishment as prescribed by the Court for the subsequent offence.