If the assault stipulated in Articles (387), (388), (338) and (390) of this Law, and in the fourth paragraph of the preceding Article is committed using a weapon, club or machine or any other tool, by one or more members of a gang composed of at least three persons, who has conspired to assault and cause injury, the penalty shall be incarceration and a fine for each of them, without prejudice to the severer penalty prescribed for any of them who takes part in the assault, or to any other penalty stipulated by law. If the crimes stated in the preceding Articles are committed during a war against wounded persons, even if they are enemies, this shall be considered an aggravating circumstance.
Interpretation and application must be checked against the official text and current version.