The sentence constitutes the additional penalty when it is added to the main penalty.
Article 8: Additional penalties and security measures are mandatory or optional.
Article 9: Any penalties and security measures must be expressly ordered.
Nevertheless, additional penalties and security measures, where they are mandatory, are
automatically applied as a consequence of the main penalty, even if the judge has omitted to
pronounce them
Article10: The main penalties are classified as criminal, correctional and petty offences
penalties:
1°) are criminal penalties: in addition to life sentence, all sentences of imprisonment exceeding
ten years;
2°) petty offences penalties: sentences pronounced for acts qualified as petty offences;
3°) are correctional penalties: all other sentences pronounced.
Article 11: Constitutes an excuse, any condition or circumstance exhaustively provided for and
defined by the law, the admission of which, without making the offence disappear, entails either:
1°) exemption from punishment and in this case, the excuse is said to be exculpatory excuse;
2°) compulsory mitigation of the penalty incurred and in this case, the excuse is said to be
mitigating excuse.
Article 12- Any person whose conviction for criminal offence has become final and has not been
revoked by amnesty, pardon or other legal measures, is in a state of recidivism.
Any decision which applies provisions relating to subsequent offences must expressly refer to
the previous conviction or convictions from which it draws the legal consequences and state that
the said offence was committed within the prescribed period.
Article 13: Any personal circumstances of the offender or victim of an offence such as age,
nationality, parenthood, status as a public official, member of the military or recidivist, shall be
assessed at the time the offence is committed.
Article 14: The judge shall not classify as an offence and punish an act that is not legally defined
and incriminated as such.
He shall not order other penalties and security measures than those established by law and
provided for the offence.
Article 15: The criminal law shall be construed strictly.