Joint sentence following multiple convictions - national proceedings

Russian Federation

The Criminal Code of the Russian Federation

General Part

Section II. Crime

Chapter 3. The Concept of Crime and the Types of Crimes

Article 17. Cumulative Punishment

Federal Law No. 73-FZ of July 21, 2004 amended the first part of Article 17 of the present Code

1. The commission of two or more crimes for both of which the person has been convicted, shall be deemed cumulative punishment, except for the instances when the commission of two and more crimes is provided for by Articles of the Special Part of this Code as a circumstance entailing stricter punishment. In case of the cumulation of crimes, the person shall bear criminal responsibility for each committed crime under the respective Article or part of Article of this Code .

General Part

Section III. Punishment

Chapter 10. Imposition of Punishment

Article 70. Imposition of Punishment by Cumulative Sentences

1. In imposing punishment by cumulative of sentences, the court of law shall add, in part or in full, the unserved part of the penalty under the court's previous sentence to the penalty imposed by the court's latest judgement.

2. The final punishment by cumulative sentences, if it is still less than deprivation of liberty, may not exceed the maximum term or scope stipulated by the General Part of this Code for the given penalty.

3. The final punishment by cumulative sentences in the form of deprivation of liberty may not exceed 30 years.

4. The final punishment by cumulative sentences must be greater than either the punishment imposed for the new crime, or the unserved part of the punishment under the previous court's judgement, alone.

5. In case of the imposition of punishment by cumulative sentences, additional penalties may be added under the rules envisaged by the fourth part of Article 69 of this Code .

Rome Statute

Article 78 Determination of the sentence

3. When a person has been convicted of more than one crime, the Court shall pronounce a sentence for each crime and a joint sentence specifying the total period of imprisonment. This period shall be no less than the highest individual sentence pronounced and shall not exceed 30 years imprisonment or a sentence of life imprisonment in conformity with article 77, paragraph 1 (b).