1. If, as a result of the limitations established in section 1 of article 76, the penalty to be served is less than half of the total amount imposed, the sentencing judge or court may agree that prison benefits, exit permits, classification in third grade and the computation of time for the conditional freedom refer to all the penalties imposed in the sentences.
2. In these cases, the supervisory judge, after individualized and favorable prognosis of social reinsertion and assessing, where appropriate, the personal circumstances of the convict and the evolution of the re-educational treatment, may reasonably agree, after hearing the Public Prosecutor, Penitentiary Institutions and the other parties, the application of the general compliance regime.
In the case of offenses relating to terrorist organizations and groups and offenses of terrorism in Chapter VII of Title XXII of Book II of this Code, or committed within criminal organizations, and taking into account the total sum of the penalties imposed, the above possibility will only apply:
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a) To the third degree of prison, when one fifth of the maximum limit of compliance with the sentence remains to be served.
b) To probation, when one eighth of the maximum limit of compliance with the sentence remains to be served.
art 78 cp
- Penal Code
- BOOK I: General provisions on crimes, responsible persons, penalties, security measures and other consequences of the criminal offense