'Joint sentence following multiple convictions - national proceedings' in document 'Tajikistan - Criminal Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

GENERAL PART

SECTION III. Sentence

CHAPTER 10. Imposition of Sentence

Article 67. Sentencing for Cumulative Crimes

(1) In case of cumulative crimes the Court, imposing a sentence (principal and supplementary) for each crime taken determines the final sentence merging a less strict sentence by stricter one, or by full or partial cumulating sentences being determined.

(2) If cumulative crimes consist only of petty misdemeanors, the final sentence is determined by merging a less strict sentence by stricter one, or by full or partial cumulating sentences. In these cases when cumulating the final sentence may not exceed the maximum sentence provided for the most grievous crime among the crimes being committed.

(3) If cumulative crimes consist only of misdemeanors, felonies or especially grievous crimes, the final sentence is determined by partial or full cumulating the sentences. In this case the final sentence as imprisonment may not exceed 25 years.

(4) Supplementary sentences imposed for cumulative crimes may be added to the principal sentence determined for cumulative crimes. The final additional sentence while partial or full cumulating may not exceed the maximum term or length specified for this type of sentence by the General Part of the Code.

(5) According to the rules specified by the present Article the sentence is determined if after passing the sentence it will be proved that the convicted person is guilty of another crime committed by him before passing the sentence on the first case. In this case the sentence served according to the first court verdict is included to the final period of the sentence.

Article 68. Determination of Cumulative Sentences

(1) If a convicted person after passing the sentence, but before completion of the term of the sentence commits another crime, the Court adds partly or fully the unserved portion of the previous sentence to the new sentence.

(2) The final punishment on cumulative sentences, in case if it is not connected with imprisonment, may not exceed the maximum limits specified for such types of sentences by the General Part of the present Code.

(3) The final punishment on cumulative sentences as imprisonment may not exceed 25 years.

(4) The final punishment on cumulative sentences shall exceed both the sentence determined for the newly committed crime and the unserved part of the previous sentence.

(5) Non-executed supplementary sentences passed according to the previous verdict shall be added to the principal sentence in conformity with the rules provided for by Article 67 of the present Code.