Article 70 of the Penal Code

  Penal Code

1. The penalty higher and lower in degree than that provided by law for any crime will have the extension resulting from the application of the following rules:

1. The higher penalty in degree will be formed based on the maximum figure established by law for the crime in question and increasing this by half of its amount, the resulting sum constituting its maximum limit. The minimum limit of the higher-grade penalty will be the maximum penalty established by law for the crime in question, increased by one day or a fine by one day depending on the nature of the penalty to be imposed.

2. The lower penalty in degree will be formed based on the minimum figure indicated for the crime in question and deducting from it half of its amount, the result of such deduction constituting its minimum limit. The maximum limit of the lower level penalty will be the minimum penalty established by law for the crime in question, reduced by one day or a fine by one day depending on the nature of the penalty to be imposed.

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2. For the purposes of determining the upper or lower half of the sentence or specifying the lower or higher sentence in degree, the day or the fine day will be considered indivisible and will act as penological units of more or less, depending on the case.

3. When, in the application of rule 1 of section 1 of this article, the sentence higher in degree exceeds the maximum limits set for each sentence in this Code, the following will be considered immediately higher:

1. If the determined penalty is imprisonment, the same penalty, with the clause that its maximum duration will be 30 years.

2. If it were absolute or special disqualification, the same penalty, with the clause that its maximum duration will be 30 years.

3. If it were suspension from employment or public office, the same penalty, with the clause that its maximum duration will be eight years.

4. In the case of deprivation of the right to drive motor vehicles and mopeds, the same penalty, with the clause that its maximum duration will be 15 years.

5. In the case of deprivation of the right to possess and carry weapons, the same penalty, with the clause that its maximum duration will be 20 years.

6. In the case of deprivation of the right to reside in certain places or go to them, the same penalty, with the clause that its maximum duration will be 20 years.

7. In the case of prohibition of approaching the victim or those of his family or other persons determined by the judge or court, the same penalty, with the clause that its maximum duration will be 20 years.

8. In the case of prohibition of communicating with the victim or with those of his family or other persons determined by the judge or court, the same penalty, with the clause that its maximum duration will be 20 years.

9. If it were a fine, the same penalty, with the clause that its maximum duration will be 30 months.

4. The penalty lower in degree than permanent imprisonment is a prison sentence of twenty to thirty years.

art 70 cp

Article 70 of Penal Code Spanish refers to certain general rules for the application of penalties.