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

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

GENERAL PART
Aim of the Criminal Code

Chapter V
Infliction of Punishment

Cumulative Punishment

Section 85

(1) In case of cumulation of crime (Section 12), one punishment shall be inflicted.

(2) The principal punishment shall be inflicted taking for basis the gravest from among the items of punishment of the crimes being in cumulation of crimes.

(3) If, in respect of multiple count of charges, the imposition of imprisonment for a specific term is prescribed by law in respect of at least two of such criminal acts, the upper limit of applicable punishment set forth in Subsection (2) shall be increased by one-half, but may not reach the total duration of the maximum sentences established for such criminal acts.

Section 85/A

(1) In the case of a waiver of right to trial (CP, Chapter XXV) the provisions of Subsections (1)-(2) of Section 85 shall be authoritative, whereby for multiple counts of criminal acts the primary punishment shall be imposed based on the highest sentence prescribed in Section 87/C for such crimes.

(2) In the case of waiver of right to trial (Chapter XXV of CP), if the law prescribes imprisonment for a specific term in respect of at least two of the crimes included in the multiple count of criminal acts, the maximum sentence prescribed in Section 87/C shall be increased by one-half, however it may not reach the sum total of the sentences which may be imposed for such crimes pursuant to Section 87/C.

Section 86

(1) In case of cumulation of crimes, any supplementary punishment applicable for any one of the crimes in cumulation may be inflicted.

(2) The supplementary punishment may not exceed the highest measure or duration defined in the Act in case of a cumulative punishment either.