Does Article 41, Paragraph 2 of the Penal Code, which stipulates that for several offenses each carries a sentence convertible to fines, if the merged executable sentence should exceed six months, then the final sentence may not be converted to fines, violate the Constitution?
Holding:
Article 41, Paragraph 2 of the current Penal Code, amended and promulgated as of February 2, 2005, which precludes the application of Paragraph 1 of the same provision on sentences convertible into fines in the event the merger of executable sentences for several offenses that exceeds six months of imprisonment, even with each sentence that may be convertible into fines, violates Article 23 of the Constitution and J. Y. Interpretation No. 366, and shall be invalid on the issuance date this Interpretation.
With regard to the part that concerns temporary disposition in accordance with Article 41, Paragraph 2 of the Penal Code, as requested by the two petitioners, there is no need to provide further review in light of this Interpretation. In addition, with regard to the constitutional interpretation filed by one of the petitioners concerning Article 53 of the Penal Code, given that this part of the petition is dismissed, the related temporary disposition is no longer pendent and shall also be dismissed.
