'Multiplicity of criminal offences' in document 'Georgia - Criminal Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

GENERAL PART

SECTION TWO. CRIME

CHAPTER V. MULTIPLE CRIME

Article 16. Cumulative Crime

1. Cumulative crime shall mean the practice of two or more crimes referred to i9n various articles or parts of the articles of this Code neither of which the perpetrator has been previously convicted. Cumulative crime shall also be the perpetration of the action which involves the signs of crimes referred to in two or more articles or parts of the articles of this Code.
2. If the action is provided by general and special norms, cumulative crime shall not exist and criminal liability shall be imposed on the wrongdoer in accordance with the special norm

GENERAL PART

SECTION THREE. PUNISHMENT

CHAPTER XI. SENTENCING

Article 59. Awarding Sentence in Case of Cumulative Crime
1. In case of cumulative crime the sentence shall be awarded for each particular crime.
2. If the cumulative crime consists of misdemeanours only, a more severe punishment shall overlap a less severe one when awarding a final sentence.
3. If the cumulative crime consists of dangerous or especially dangerous crimes, the punishments prescribed for this crime shall be accumulated partly or in whole when awarding a final sentence. In addition, the term of the imprisonment for a particular term awarded as a final sentence shall in no way be in excess of twenty-five years.
4. If the cumulative crime consists of a misdemeanour or a dangerous crime, or a misdemeanour and especially dangerous crime, a more severe punishment shall overlap a less severe one when awarding a final sentence or the punishments prescribed for these crimes shall be accumulated partly or in whole. In addition, the term of the awarded final sentence shall in no way be in excess of twenty years.
5. In case of cumulative crime, additional punishment may as well be awarded along with the main punishment. The term or extent of the final additional punishment awarded in case of partial or total accumulation shall in no way exceed the maximum term or extent prescribed for the foregoing type of punishment under General Part of this Code.
6. The sentence shall be awarded under the same rule if, after delivering the judgment, it was established that the convict is at fault with the other crime, too, which he/she had committed before the sentence was delivered with respect to the first case. On this occasion, the final sentence shall be the sentence, which is served under the first sentence fully or partially.