Section Code: 0051 - 0055

Criminal Code

GENERAL PROVISIONS
TITLE I
PROVISIONS APPLICABLE TO GENERAL OFFENCES

Chapter 3: Punishments and Measures of Safety

Part 3: Increase, Reduction and Suspension of Punishment

Section 51. Increase in Punishment

In increasing the punishment, it shall not be increased up to the punishment of death, imprisonment for life or imprisonment exceeding fifty years.

Section 52. Reducing Punishment of Death

In reducing the punishment of death, whether it be the reduction in the scale of punishment or in the punishment to be inflicted, it shall be reduced as follows:

  • If the reduction be by one-third, the punishment shall be reduced to imprisonment for life;
  • If the reduction be by one-half, the punishment shall be reduced to imprisonment for life or imprisonment of twenty-five to fifty years.

Section 53. Reducing Life Imprisonment

In having life imprisonment reduced, whether the punishment will be reduced in the punishment scale or in the inflicted punishment, the life imprisonment shall be transferred as five year imprisonment.

Section 54. Calculating Increase or Reduction of Punishment

In calculating the increase or reduction of the punishment to be inflicted, the Court shall determine the punishment to be inflicted upon the accused first, and then the punishment shall be increased or reduced. If there are both increase and reduction of the punishment to be inflicted, the punishment shall be increased first and the reduced from the result of the addition. If the proportion of the increase is equal to or more than that of the reduction, the Court may, if it thinks fit, not increase or not reduce the punishment.

Section 55. Reduction for Imprisonment of less than 3 months

If the imprisonment, of which the offender must be inflicted, is only for three months or less, the less imprisonment may be determined by the Court or if the offender to be inflicted by imprisonment is only for three months or less, and to have the fine also, the less imprisonment may be determined by the Court, or such imprisonment may be repealed and only fine may still be made.

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