1. In determining the lower-grade penalty, judges or courts will not be limited by the minimum amounts indicated in the law for each type of penalty, but may reduce them in the manner resulting from the application of the corresponding rule.
2. However, when by application of the previous rules it is appropriate to impose a prison sentence of less than three months, this will in all cases be replaced by a fine, work for the benefit of the community, or permanent location, even if the law does not provide for these penalties. for the crime in question, each day of imprisonment being replaced by two installments of fine or by one day of work or by one day of permanent location.
art 71 cp
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Article 71 of Penal Code Spanish refers to the general rules of application of the lesser punishment and establishes that judges or courts may reduce said penalties in the manner resulting from the application of the corresponding rule.
- Penal Code
- BOOK I: General provisions on the crimes, responsible people, penalties, security measures and other consequences of the criminal offense