(1) The severity of punishments shall be in the order of the subparagraphs of Article 41: Provided, That imprisonment without labor for an indefinite term shall be deemed to be more severe than imprisonment with labor for a limited term; and when the maximum term of imprisonment without labor for a limited term exceeds the maximum term of imprisonment with labor for a limited term, the imprisonment without labor shall be deemed to be the more severe.
(2) In case of punishments of the same kind, the one having a longer maximum term or larger maximum amount shall be deemed to be more severe, and when the maximum term or amount is equal, the one having the longer minimum term or larger minimum amount shall be deemed to be more severe.
(3) Except for the application of paragraphs (1) and (2), severity shall be determined by the nature and circumstances of the crime.[This Article Wholly Amended on Dec. 8, 2020]