In the present study, due to the insufficient expression of the legislature in the art. 62 of the new Criminal Code, the authors propose to interpret his will on the incidence of the institution on crimes by which the offender seeks obtaining a patrimony use. Following the analysis done, the author concludes that the provisions of art. 62 of the Criminal Code on the application of the fine accompanying imprisonment is not possible for all crimes through which, the offender, by committing crimes seeks a patrimony use. Thus, according to the author, if committing crimes which, by their inherent nature, involve getting a patrimony use by the offender or those in the contents of which the legislature requires as a prerequisite to obtain a patrimony use, cannot be applied the provisions of art.62 of the Criminal Code.
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