- 3) the commission of a crime for venal or other base motives;
- 4) the production of serious consequences by the crime;
- 5) the commission of a crime with respect to a young person, old person, or other person in a helpless condition, and with respect to a person in a state of material, official, or other dependence upon the guilty party;
- 6) the instigation of minors to the commission of a crime, or the enlistment of minors for participation in a crime;
- 7) the commission of a crime involving particular harshness or mockery toward the injured party;
- 8) the commission of a crime which involves profiting from the conditions of a public disaster;
- 9) the commission of a crime by a method involving general danger;
- 10) the commission of a crime associated with the use of a source of heightened danger by a person in a state of inebriation;
- 11) denouncing a person known to be innocent;
- 12) the commission of a new crime by a person released under surety during the period of surety or within one year after the expiration of such period.
Article 40. Assigning punishment when several crimes have been committed.
If a person is found guilty of having committed two or more crimes specified in various articles of the Special Part of the present Code for none of which he had been convicted, the court, after having assigned punishment for each crime individually, makes its final determination of punishment on the basis of their totality by means of absorbing the less severe sentence by the more severe one, or by means of the full or partial compounding of the sentences within the limits established by the articles providing for a more severe penalty.
The extra penalties enumerated in those articles of the Special Part of the present Code which prescribe the liability for those crimes of whose commission the person was found guilty, may be added to the basic sentence.
Punishment is assigned in accordance with the same rules if, after sentence has been passed, it is established that the convicted person is guilty of another crime committed prior to the passing of sentence in the first case.
In this case, the sentence fully or partially served under the first judgment is counted as a part of the period of the sentence.
