Albert Barnes Commentary Luke 23:40

"But the other answered, and rebuking him said, Dost thou not even fear God, seeing thou art in the same condemnation?" — Luke 23:40 (ASV)

Dost not thou fear God? and so on. You are condemned to die as well as he. It is improper for you to rail against him as the rulers and Romans do. God is just, and you are hastening to His judgment seat; therefore, you should fear Him and fear that He will punish you for railing against this innocent man.

Same condemnation. This means condemnation to death; not death for the same crime, but the same kind of death.