The General Part

Title II
Offences

Chapter VII
Plurality of offences

Concurrence of offences

Art.47 – (1) There is actual concurrence of offences when two or more offences have been committed by the same person, by two or more actions or inactions, before being finally convicted for any one of them.

(2) There is formal concurrence of offences when an action or inaction committed by the same person has the elements of several offences, because of the circumstances of perpetration and because of the consequences it produced.

(3) For formal concurrence of offences, the act shall be sanctioned by the punishment provided by the law for the most serious of the offences committed.

Main penalty for actual concurrence of offences

Art.48 – (1) In case of actual concurrence of offences, the penalty for each offence is established separately, and from among these the penalty is applied in one of the following ways :

a) when only penalties involving detention have been provided :

1. the heaviest penalty established for one of the concurrent offences shall be applied. It can be increased up to its special maximum, and when this special maximum is not sufficient a supplementation can be applied, while not exceeding the total of length of penalties established for the concurrent offences nor the general maximum of the immediately superior penalty or
2. a penalty is applied that represents the total of the penalties established for the concurrent offences, while not exceeding the general maximum of the immediately superior penalty ;

b) when only penalties by fine have been established :

1. the heaviest penalty established for one of the concurrent offences shall be applied. It can be increased up to its special maximum, and when this special maximum is not sufficient a supplementation can be applied, while not exceeding the total of penalties by fine established by the court for the concurrent offences nor the general maximum of the fine or

2. a penalty is applied that represents the total of the fines established for the concurrent offences, while not exceeding the general maximum of the fine ;

c) when the court has established both penalties of detention and penalties of fine, the penalty of detention shall be applied according to lett.a) point 1, to which the fine can be added, wholly or in part.

(2) Should any of the punishments for the concurrent offences be life detention, this penalty shall be applied.

(3) Para.(1) and (2)shall apply also when a final decision of conviction has been handed down for one of or all the concurrent offences.