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.

GENERAL PART

CHAPTER THREE
SANCTIONS

THIRD TITLE
SENTENCING FOR MULTIPLE OFFENCES

Section 53
Multiple offences committed by multiple acts

(1) If a person has committed more than one offence, all of which are to be adjudicated at the same time, and incurred more than one sentence of imprisonment or more than one fine, an aggregate sentence shall be imposed.

(2) If a term of imprisonment concurs with a fine, an aggregate sentence shall be imposed. The court may impose a separate fine ; if fines are to be imposed for more than one offence, an aggregate fine shall to that extent be imposed.

(3) If the offender, pursuant to a law according to which section 43a is applicable or under the terms of section 52(4), has as one of the individual sentences incurred imprisonment for life or a fixed term of more than two years, the court may impose a confiscatory expropriation order in addition to the aggregate sentence formed pursuant to subsections (1) or (2) above ; if in such cases a confiscatory expropriation order is to be imposed for more than one offence, an aggregate expropriation order shall to that extent be imposed. Section 43a(3) shall apply mutatis mutandis.

(4) Section 52(3) and (4) 2nd sentence shall apply mutatis mutandis.

GENERAL PART

CHAPTER THREE
SANCTIONS

THIRD TITLE
SENTENCING FOR MULTIPLE OFFENCES

Section 54
Fixing of aggregate sentence

(1) If one of the sentences for the individual offences is imprisonment for life, an aggregate sentence of imprisonment for life shall be imposed. In all other cases the aggregate sentence shall be fixed by increasing the most severe individual sentence incurred and, in the case of different kinds of penalties, by increasing the sentence that is most severe in nature. The person of the offender and the individual offences shall be considered in their totality.

(2) The aggregate sentence shall be less than the sum of the individual sentences. It shall not, in the case of imprisonment for a fixed term, exceed fifteen years, in the case of a confiscatory expropriation order, the value of the offender’s assets, and in the case of a fine, seven hundred and twenty daily units; section 43a(1) 3rd sentence shall apply mutatis mutandis.

(3) If an aggregate sentence is to be fixed based on a term of imprisonment and a fine, one daily unit shall correspond to one day’s imprisonment for the purpose of calculating the sum of the individual sentences.

Section 55
Subsequent fixing of aggregate sentence

(1) Sections 53 and 54 shall also apply to a convicted person who has had a sentence imposed upon him by a final judgment which has neither been enforced, barred by the statute of limitations nor remitted, when that person is convicted of another offence which he committed before the previous conviction. That previous conviction shall be the judgment in those proceedings in which the factual findings underlying the new conviction could last have been examined.

(2) Confiscatory expropriation orders, ancillary penalties and measures (section 11(1) No 8) imposed in the previous sentence shall be upheld to the extent they have not been rendered moot by the new judgment. This applies also when the amount of the expropriation order imposed in the previous sentence exceeds the value of the offender’s assets at the time of the new sentence.