Article 74 Federal Criminal Code

The sentenced person who considers that at the time of the issuance of the judgment he met the conditions for the enjoyment of the substitution or commutation of the sanction and that through inadvertence on his part or on the part of the adjudicator it was not granted to him, may petition the latter that it be granted to him, the respective incidental proceeding being opened in the terms of section X of Article 90.

In every case in which the substitution or the commutation of the penalty proceeds, when the calculation of the substitute sanction is made, in addition to what is established in the last paragraph of Article 29 of this Code, the time during which the sentenced person suffered pretrial detention shall be diminished.