pronounced for the offence that was most severely punished are executed. For the application of this paragraph, account shall be taken of commuted and reduced sentences resulting from pardon and not of the sentences initially pronounced. Article 120: The severity of the principal penalties incurred shall be determined according to the following rules: 1° an account of legal causes which aggravate or mitigate the penalty incurred shall be taken; 2° if the penalties are, in the sense of article 36, of the same nature, the most severe is the one with the highest maximum; if they have the same maximum, the most severe is the one with the highest minimum; 3° in the case of equal duration, imprisonment is more severe than military detention; 4° when deprivation of liberty and fine penalties are concurrently imposed, the most severely punished offence is that with the highest penalty involving deprivation of liberty; 5° notwithstanding the foregoing provisions, a fine is considered to be more severe than a custodial sentence if, when fictitiously converted into a custodial sentence at the rate of 10,000 francs per day, it appears to be more severe than the custodial sentence. The severity of the principal penalties imposed shall be determined in accordance with provisions in 2° to 5° of the preceding paragraph of this article. Article 121: If the judge fails to rule on offence combination or if the convicted person makes a request after the decision has been rendered and the judge refuses to grant it, the principal penalties shall be served cumulatively without exceeding the maximum total penalty incurred for the most severely punished act. Additional penalties and security measures are executed cumulatively. When they are identical and temporary, the total may not exceed the temporary maximum provided for by law for offenses qualified as felonies. If the additional penalties and security measures are incompatible with any of the principal penalties imposed, or with each other, they shall be carried out in the order indicated by the judge, unless the law provides otherwise. CHAPTER 2: RECIDIVISM Article 122: Any person, having been finally sentenced for more than five years imprisonment for a felony, commits another felony which is itself punishable by a term of imprisonment, shall be sentenced to the maximum of the incurred penalty which may be increased to twice the said maximum. Article 123: Any person who having been finally convicted of a felony and sentenced to more than five years imprisonment, commits a misdemeanor punishable by imprisonment, shall be sentenced to the maximum penalty which may be increased to twice the said maximum.