Joint sentence following multiple convictions - national proceedings

Albania

Albania - Criminal Code 1995 (2013) EN

1 General Part

CHAPTER VI- DETERMINATION OF PUNISHMENT

Article 55- Defining sentence for several criminal acts

When actions or non-actions contain elements of more than one criminal act, and when the person has committed more than one criminal act for which no sentence has been given, the court first sentences every criminal act separately, giving a single sentence at the end, which consists of the heavier added sentence.

The heavier added sentence may exceed neither the total sum of the punishments determined separately, nor the maximum provided for the type of the sentence given.

When the court deems that committing more than one crime does not demonstrate the serious dangerousness of the defendant, it may give as a final sentence the heaviest punishment provided for one of the criminal acts.

In giving its final decision, the court sentences one or more than one of the supplementary punishments given separately for each particular crime

1 General Part

CHAPTER VI- DETERMINATION OF PUNISHMENT

Article 56- Joining of sentences

If before serving the full sentence, the convicted is sentenced for a criminal act committed prior to the sentencing, the rules of the previous article shall apply, and the already served portion will be calculated into the new sentence.

When the convicted commits a new criminal act after his sentencing, but before the full term of the sentence is served, the court joins the new sentence with the remaining portion of the previous term, according to the rules provided for in Article 55 of this Code.

Albania - Criminal Procedure Code 1995 (2017) EN

TITLE IX EXECUTION OF DECISIONS
CHAPTER I EXECUTION OF DECISIONS
Article 469 Execution of several decisions
1. When a single person is sentenced for various criminal offences the prosecutor in the court of the last decision demands from the court to determine which sentence shall be executed, observing the rules regarding the joinder of sentences.
2. The request of the prosecutor is notified to the sentenced and his defence lawyer.

TITLE IX EXECUTION OF DECISIONS
CHAPTER II HEARINGS BY THE COURT OF CASES RELATED TO THE EXECUTION OF DECISIONS
Article 475 Joinder of sentences
1. In case of more decisions, taken in various proceedings against the same person, the convicted person or the prosecutor may request from the court to follow the rules of joinder of sentences.

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).