General Part

Chapter V
Determination of Punishment

Section 50. Determination of Punishment for Several Criminal Offences

(1) If a person has committed several independent criminal offences, a court in rendering a judgment or the public prosecutor by drawing up an injunction regarding the punishment shall determine punishment separately for each criminal offence. In such case the final punishment shall be determined according to the aggregation of the criminal offences, including the lesser punishment within the more serious or also completely or partially adding together the punishments imposed.

(2) If all criminal offences constituting the aggregation of criminal offences are criminal violations or less serious crimes, the final punishment shall be determined including the lesser punishment within the more serious or also completely or partially adding together the punishments imposed. In such case the total amount or term of the punishment may exceed the maximum amount or term of the punishment provided for the most serious of the committed criminal offences, but not more than a half of the maximum amount or term of the punishment provided for the most serious of the criminal offences committed. In drawing up an injunction regarding the punishment the public prosecutor may not determine the total amount or term of the punishment, which exceeds the maximum amount or term of the punishment provided for the most serious of the criminal offences committed.

(3) If at least one criminal offence constituting the aggregation of criminal offences is serious or especially serious crime, the final punishment shall be determined completely or partially adding together the punishments imposed. In such case the total amount or term of the punishment may exceed the maximum amount or term of the punishment provided for the most serious of the committed criminal offences, but not more than a half of the maximum amount or term of the punishment provided for the most serious of the criminal offences committed. The total term of the punishments of deprivation of liberty (except life imprisonment) added together shall not exceed twenty five years, but, if an especially serious crime has been committed resulting in death of the victim, the total term of the punishment of deprivation of liberty may also be determined for the whole life (life imprisonment).

(4) At first an additional punishment, the same as a basic punishment, shall be determined separately for each of the criminal offences and afterwards for the aggregation of criminal offences together with a basic punishment. Additional punishments adjudged separately for each of the criminal offences shall be added to the basic punishment determined for the aggregation of criminal offences.

(5) The court shall determine the punishment in accordance with the same procedure if, after a judgment has been rendered or an injunction of the public prosecutor regarding the punishment has been drawn up, it is established that the person is also guilty of another criminal offence, which he or she had committed prior to the rendering of judgment or the drawing up of the injunction of the public prosecutor regarding the punishment in respect of the first matter. In such case, the term of the punishment shall include the punishment, which has already been totally or partially served after the first judgment. If the term of deprivation of liberty determined conditionally in a judgment exceeds the term of deprivation of liberty determined in another judgment, the term of deprivation of liberty determined conditionally shall be completely of partially added to the term of deprivation of liberty.

(6) The total amount or term of the final punishment determined in accordance with the procedures specified in this Section may exceed the maximum amount or term determined for the relevant type of punishment.

Section 51. Determination of Punishment after Several Judgments

(1) If, after the judgment has been rendered, but, prior to serving the full punishment, the convicted person has committed a new criminal offence, a court shall add, completely or partially, the punishment which has not been served after the previous judgment to the punishment determined in the new judgment.

(1 1) In determining a punishment after several judgments, not less than one third of the punishment unserved shall be added to the punishment if :

1) a person who has been punished for a serious or especially serious crime has committed a serious or especially serious crime during the unserved punishment ;
2) recidivism of criminal offences has been established ;
3) the new criminal offence has been committed during the probationary period specified by a court ;
4) the new criminal offence has been committed during the time when a person has been conditionally released prior to the completion of the basic punishment.

(2) The final punishment for several judgments shall exceed the punishment which has been determined for the newly committed criminal offence, as well as the part of the punishment which has not been served after the previous judgment.

(3) In adding together punishments for several judgments, the total amount or term of the punishment shall not exceed the maximum amount or term set out for the relevant form of punishment, but not more than a half of the maximum amount or term determined for the relevant type of punishment. The total term of punishments of deprivation of liberty added up (with the exception of life imprisonment) shall not exceed thirty years, but if an especially serious crime has been committed resulting in death of a victim the total term of the punishment of deprivation of liberty may also be determined for the whole life (life imprisonment).

(4) A judgment within the meaning of Sections 51 and 52 of this Law is also an injunction of a public prosecutor regarding punishment.