GENERAL PART

TITLE THREE
PUNISHMENT

2. Fixing of punishment

Continuing Criminal Offence

Article 49
(1) A continuing criminal offence is composed of several criminal offences that are identical or of the same kind, were committed by the same perpetrator, and represent a whole because at least two of the following circumstances apply : the victim is the same, the object of offence is the same, the same situation or the same permanent relationship is used, the place or area of commission is the same, or the perpetrator’s wrongful intent is the same.

(2) Criminal offences against person may constitute a continuing criminal offence only when committed against the same person.

(3) Offences that due to their nature may not be joined into a single offence may not constitute a continuing criminal offence.

(4) Where a continuing criminal offence comprises minor and more serious forms of the same offence, the most serious form of the offences committed shall be considered to constitute a continuing criminal offence.

(5) A continuing criminal offence may be punished by a more severe punishment than the punishment provided for by law provided that the continuing criminal offence consists of at least three criminal offences that meet the requirements referred to in para.1 hereof.

(6) A more severe punishment may not exceed twice the punishment laid down by law or exceed a twenty year prison term.

(7) The criminal offence that is not included in the continuing criminal offence as set in the final judgment constitutes a separate criminal offence and makes part of a separate continuing criminal offence.