'Repetition of criminal offences' in document 'Germany - Criminal Code'

Jump to:

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

GENERAL PART

CHAPTER THREE
SANCTIONS

THIRD TITLE
SENTENCING FOR MULTIPLE OFFENCES

Section 52
One act violating multiple laws or the same law more than once

(1) If the same act violates more than one law or the same law more than once, only one sentence shall be imposed.

(2) If more than one law has been violated the sentence shall be determined according to the law that provides for the most severe sentence. The sentence may not be more lenient than the other applicable laws permit.

(3) The court may impose an additional fine to any term of imprisonment under the provisions of section 41.

(4) If one of the applicable laws allows for the imposition of a confiscatory expropriation order the court may impose it in addition to imprisonment for life or a fixed term of more than two years. In addition, ancillary penalties and measures (section 11(1) No 8) must or may be imposed if one of the applicable laws so requires or allows.