Penal Code · English · 2015
Article 14
Guilt in Case of Combination of Offences
Where a given offence implying an injury to persons or property, or the use of arms, instruments or dangerous means, fires or explosives, poison or toxic substances, entails an injury whereby the elements constituting a second offence are materialized, whether it is bodily injury, injury to health, death of a human being or the destruction of a third persons property, the Court shall apply the following principles for determining the guilt and the penalty:
#where the result was intended, or foreseen and accepted by the offender (Article 13(c)), he shall be charged with both the principal offence and the resulting offence and aggravation shall apply in accordance with the relevant provision (Article 67), due regard being had to the combination of the elements constituting the two intentional offences;
#where the injurious result could and ought to have been foreseen in the circumstances of the case (Article 15) there shall be concurrence between the principal intentional act and the resulting offence due to negligence, and the Court shall increase the penalty accordingly.
#Aggravation shall apply in particular where the criminal result was achieved by means of endangering public security, such as arson, explosion, use of explosives or where communications or public health are in danger as well as in the case of exposure of persons, maltreatment, duels, abortion, rape or sexual outrages.
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