Spans in 'Macedonia - Criminal Code' tagged with 'Aggregation of criminal offences'

'Aggregation of criminal offences' in document 'Macedonia - Criminal Code'

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More information about the keyword 'Aggregation of criminal offences'
More information about the document 'Macedonia - Criminal Code'
The relevant provisions of implementing legislation: [1]
The Relevant Provisions of the Rome Statute

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

GENERAL PART

3. PUNISHMENTS

3.2. To mete out punishment

Concurrence of crimes

Article 44

(1) If the offender committed several crimes with one action or with several actions, for which he is tried simultaneously, the court shall previously determine the punishments for each one of these crimes, and then shall pronounce a single punishment for all of these crimes.

(2) The single punishment shall be pronounced by the court according to the following rules :

1) if it determines a punishment of life imprisonment of some crime in concurrence, it shall pronounce only this punishment ;
2) if it has determined a punishment of imprisonment of crimes in concurrence, the single punishment must be larger than each individual punishment but it may not reach the sum of the determined punishments, nor may it exceed 15 years of imprisonment ;
3) if punishments of up to three years of imprisonment are prescribed for all the crimes in concurrence, the single punishment may not be larger than eight years of imprisonment ;
4) if it has determined only fines for crimes in concurrence, it shall increase the largest determined fine, but this may not exceed the sum of the determined fines, nor 600 daily fines, in the case when the fine is the main sentence, or the denar equivalent of 10,000 euro in the case when the fine is the secondary sentence. If for a crime, the court has specified a monetary fine in the form of daily fines, and for another crime the court has specified a monetary amount, the monetary amount shall be turned into a daily fine and the thus obtained fine may not exceed the sum of the specified installments nor 360 daily fine ;
5) if it has determined punishments of imprisonment of some crimes in concurrence and fines for other crimes, it shall pronounce one punishment of imprisonment and one fine, according to the provisions in points 2, 3 and 4 from this item ;
6) a secondary punishment shall be pronounced by the court if it has been determined even for a single crime in concurrence, and if it has determined several fines, it shall pronounce a single fine according to the provisions in point 4 of this item ;
7) if the court has determined punishments of imprisonment and of juvenile imprisonment of crimes in concurrence, it shall pronounce imprisonment as the single punishment, with applying the rules from points 1, 2 and 3 of this item.