Bosnia and Herzegovina

Criminal Code of Bosnia and Herzegovina

GENERAL PART

VII C H A P T E R S E V E N
PUNISHMENT

Concurrence of Criminal Offences
Article 53

(1) If the perpetrator, by a single action or by several actions, has perpetrated several criminal offences, for which he is tried at the same time, the court shall first mete out the punishment for each of the offences separately, and then proceed with imposing a compound punishment of long-term imprisonment, compound punishment of imprisonment or a compound fine for all the offences taken together.
(2) The court shall adhere to the following rules in imposing compound punishment:
a) If the court has determined a punishment of long-term imprisonment, or long-term imprisonment and imprisonment, for the concurrent criminal offences, the compound punishment must be higher than each of the individual punishments, but must not exceed a period of forty-five years;
b) If the court has determined punishment of imprisonment for the concurrent criminal offences, the compound punishment must be higher than each of the individual punishments, but the compound punishment may not be as high as the sum of all incurred punishments, nor may it exceed a period of twenty years;
c) If the court has determined a punishment of imprisonment exceeding ten years for two or more concurrent criminal offences, the court may impose a compound punishment of long-term imprisonment that shall not be as high as the sum of all individual punishments;
d) If for each of the offences perpetrated in concurrence a punishment of imprisonment not exceeding three years is prescribed, the compound punishment may not exceed eight years;
e) If fines only have been meted out by court for the criminal offences in concurrence, the compound punishment must be bigger than any individual determined fine, but it may not exceed the sum of all fines meted out.
(3) If the court has meted out punishments of imprisonment for some of the concurrent criminal offences, and fines for others, it shall impose one punishment of imprisonment and one fine, in accordance with the provisions set forth in items b) through d) of paragraph 2 of this Article.
(4) The court shall impose an accessory punishment if it is determined for any one of the concurrent criminal offences, and if it has meted out several fines, it shall impose a single fine in following the provisions set forth in item d), paragraph 2 of this Article.
(5) If the court has meted out a punishment of imprisonment and juvenile imprisonment for the concurrent criminal offences, it shall impose punishment of imprisonment as the compound sentence, applying the rules set forth in item b) and c) of paragraph 2 of this Article.

Keywords

Aggregation of criminal offences
Joint sentence following multiple convictions - national proceedings



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