GENERAL PART

TITLE THREE
PUNISHMENT

2. Fixing of punishment

Concurrence of Criminal Offences

Article 48
(1) Where a perpetrator by one or more acts committed several criminal offences for which he is tried at the same time, the court shall first pronounce the punishment for each of the respective criminal offences, and then impose a cumulative punishment for all the offences.

(2) A cumulative punishment shall be imposed by the court subject to the following rules :

1) where for one of the concurrent criminal offences the court pronounced a forty year prison term, the court shall impose that punishment only ;
2) where for concurrent criminal offences the court pronounced prison terms, the court shall increase the most severe punishment fixed, provided that the cumulative punishment is shorter than the sum of individual punishments fixed and that it does not exceed twenty year prison term ;
3) where all of the respective concurrent criminal offences carry a prison term of up to three years, the cumulative punishment may not exceed ten year prison term ;
4) where for concurrent criminal offences the court pronounced only fines, the court shall impose a cumulative fine which amounts to the sum of individual fines provided that it does not exceed twenty thousand euros, or a hundred thousand euros where one or more criminal offences were committed
out of greed; and where the court pronounced only daily fines, they may not exceed the amount of three hundred and sixty thousand euros ;
5) where for concurrent criminal offences the court pronounced community work as the only punishment, the court shall impose a cumulative punishment of community work which amounts to the sum of hours of work to be served, provided that the punishment does not exceed three hundred and
sixty hours and that the period within which the community work must be done does not exceed six months ;
6) where for some concurrent criminal offences the court pronounced prison terms and fines for other concurrent criminal offences, the court shall impose a cumulative prison term and a single fine, under the provisions of subparagraphs 2 through 4 of this paragraph.

(3) The court shall impose a fine as an accessory punishment provided that it was pronounced as punishment for at least one of the concurrent criminal offences, and where the court pronounced more than one fine, it shall impose a cumulative fine under the provision of para. 2, subpara. 4 hereof.

(4) Where the court pronounced prison terms and juvenile prison terms for concurrent criminal offences, the court shall impose a cumulative prison term under the rules laid down in para. 2, subparagraph 2 hereof.