GENERAL PART

Chapter Four
PENALTIES

2. Determination of Sentence

Joinder of Offences
Article 60

(1) If an offender by one act or several acts has committed several criminal offences for which he is tried concurrently, the court shall first determine penalties for each of the offences respectively and shall then pronounce a single penalty.

(2) The court shall pronounce a single penalty in line with the following rules :

1) if a term of imprisonment of forty years has been determined for one of the criminal offences in joinder, only such sentence shall be pronounced ;
2) if the court has determined imprisonment for criminal offences in joinder, it shall increase the most severe punishment, provided that the single sentence does not attain the sum of cumulative sentences, or exceed twenty years' imprisonment ;
3) if prison sentences of maximum three years are prescribed for all criminal offences in joinder, the single sentence may not exceed ten years' imprisonment ;
4) if only fines are determined for criminal offences in joinder, the court shall pronounce a single fine in the amount of the cumulative sum of determined fines, provided it does not exceed eighteen million dinars, and where the court determined particular amounts (Article 50), the fine may not exceed one million or ten million dinars when one or more offences were committed for gain ;
5) if only community service is provided for criminal offences in joinder, the court shall pronounce a single penalty of community service, provided it does not exceed three hundred and sixty hours, and the time period within which community service is performed should not exceed six months.
6) if imprisonment is provided for some criminal offences in joinder and a fine for others, the court shall pronounce a single fine pursuant to provisions of items 2 through 4 of this paragraph.

(3) The court shall pronounce a fine as secondary punishment if it has been prescribed for one of the criminal offences in joinder, and if the court has determined more than one fine it shall pronounce a single fine pursuant to the provisions of paragraph 2, item 4 of this Article. If the court determines a fine as principal penalty and also determines a fine as secondary penalty, it shall pronounce a single fine applying the rules specified in paragraph 2, item 4 of this Article.

(4) If the court determines imprisonment and juvenile detention as penalties for joinder of offences, a single penalty of imprisonment shall be pronounced by applying the rules specified in paragraph 2, item 2 of this Article.