PART ONE
GENERAL PART
CHAPTER TWO
SANCTIONS
Title Two
General Sentencing Guidelines
Section 41
Concurrent Sentence
(1) When sentencing an offender for two or more criminal offences committed through a single act, the court shall impose a concurrent sentence prescribed by the statutory provision applicable to that criminal offence, which is liable for the most severe punishment. In parallel to the punishment imposed under the aforesaid statutory provision, the court may also impose another punishment as a part of the concurrent sentence, provided one of the criminal offences involved is liable to such punishment. In case of varying terms of imprisonment laid down in the sentencing guidelines for individual offences, the minimum term of imprisonment in a concurrent sentence shall be represented by the longest imprisonment term.
(2) When sentencing an offender for two or more intentional criminal offences committed through two or more acts, the upper limit of the sentencing range applicable to the criminal offence, which is liable to the most severe punishment, shall be increased by one third ; the court shall impose a term of imprisonment from the upper half of such the sentencing range. The maximum punishment may not exceed twenty-five years of imprisonment, and with juveniles may not exceed the term of imprisonment referred to under Section 117, par.1 or 3. In parallel to the sentence of imprisonment, the court may also impose another punishment as a part of the concurrent sentence, provided one of the criminal offences involved is liable to such punishment.
(3) When sentencing an offender for another partial attack, which is a part of continuing criminal offence, whereof another partial attack was already tried at the first-instance court, which awarded a final and conclusive judgement; the court shall reverse the earlier statement determining the guilt in the continuing criminal offence and the joinder criminal offences, the entire statement specifying punishment as well as additional statements having their grounds in the aforesaid statement determining the guilt. The court, being bound by the facts found in the reversed judgement, shall again decide on the guilt of the continuing criminal offence including a new partial attack, or on joinder criminal offences as well as on a final punishment for the continuing criminal offence, which may not be less severe than the punishment awarded by the earlier judgement. The court may also decide on related statements, which have the grounds in the statement of the guilt. In cases that the punishment for several concurrent criminal offences is imposed, the provisions under paragraphs 1 and 2 of Section 42 and 43 shall apply accordingly.
Joint sentence following multiple convictions - national proceedings
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