GENERAL PART

Chapter Four
PENALTIES

2. Determination of Sentence

Continuing offence
Article 61

(1) A continuing offence comprises several identical offences or offences of the same type committed in temporal continuity by the same offender, representing a whole, due to existence of at least two of the following requirements: same victim, same type of object of the offence, use of same situation or same permanent relationship, same places or spaces of commission of the offence or same intent of offender.

(2) Offences against person may constitute continuing criminal offence only when perpetrated against the same person.

(3) Offences that by their nature do not allow combining into one offence cannot constitute continuing criminal offence.

(4) If a continuing criminal offence comprises both serious and less serious forms of the same offence, it shall be considered that the continuing criminal offence constitutes the most serious form of committed offences.

(5) If a continuing criminal offence comprises offences whose element is a pecuniary amount, it shall be considered that the continuing criminal offence achieved the sum of amounts achieved by individual offences, if comprised by single intent of the offender.

(6) A criminal offence which is not included in a continuing offence in a final court ruling shall constitute a separate criminal offence or be part of a separate continuing offence.