PART ONE GENERAL
CHAPTER V CRIMINAL PENALTIES
Division 2 Punishments
Sub-Division 1 General Principles Applying to Imposition of Punishments

Section 43 Cumulative and Aggregate Sentence
(1) If the court sentences an offender for two or more criminal acts, it shall impose a cumulative sentence to him/her according to the provision which applies to the most severely punishable criminal offence; if a multi-acting concurrence of a larger number of criminal offences is concerned, the court may impose a sentence within a term whose upper limit shall be raised by one third; however the upper limit of the term of imprisonment after this raising cannot exceed twenty years, and if imposing an exceptional sentence of imprisonment beyond twenty years up to thirty years, it cannot exceed thirty years. Besides a punishment admissible according to such a provision may be within a cumulative sentence be imposed also another type of penalty, if its imposition is reasoned by any of the tried criminal acts. If the lower limits of terms of imprisonment are different, the lower limit of the sentence shall be the highest one. If the Criminal Code only stipulates a sentence of imprisonment for any of these criminal acts, the cumulative sentence may only be a sentence of imprisonment as an individual sentence.
(2) The court shall impose an aggregate sentence according to principles referred to in Sub- section (1) when sentencing an offender for a criminal offence committed before the court of the first instance announced a convicting judgement for another his/her criminal offence.
Along with imposing an aggregate sentence shall the court cancel the verdict on punishment imposed to the offender by the former sentence, as well as all other decisions by their contents consequential to this verdict, if with regard to the modification caused by this cancellation those decisions lost their basis. An aggregate sentence cannot be lower than the sentence imposed by the former judgement. The court shall enunciate loss of honorary titles and decorations, loss of military rank or confiscation of a thing or other asset value within the aggregate sentence, if such a penalty was imposed by the former judgement.
(3) A convicting judgement according to Sub-section (2) shall be understood also as a judgement by which was the punishment waived with supervision according to Section 48(1). Along with imposing an aggregate sentence shall the court cancel the verdict on conditional waiver of punishment with supervision, as well as all other decisions by their contents consequential to this verdict, if with regard to the modification caused by this cancellation those decisions lost their basis.
(4) Provisions on aggregate sentence shall not apply, if the former conviction is of such a nature that the offender shall be regarded as if he/she was never convicted.

Section 44 Waiving the Imposition of an Aggregate Sentence
The court shall waive the imposition of any aggregate sentence under Section 43 (2), if it believes that a punishment imposed by an earlier judgment is adequate.

Section 45 Imposition of a Joint Punishment for Continued Criminal Offence
(1) If the court sentences an offender for a partial attack of a continuing criminal offence (Section 116), where the offender has already been sentenced for the rest of the attacks of the offense by a previous judgment, which has already become final, the court shall cancel the verdict of guilt regarding the continuing criminal offence and criminal offences committed in single-acting concurrence stated in the previous judgment, the whole verdict under which the earlier sentence was imposed, as well as all other decisions connected thereto, and once more, bound by facts from the cancelled sentence, the court shall render a decision on the continuing criminal offence, including the new attack, eventually of criminal offences committed in single-acting concurrence therewith, on the joint sentence for continuing criminal offence, which must not be lower than the sentence imposed under the previous verdict, as well as on all other decisions connected to the verdict of guilty. Within the joint sentence for the continuing criminal offence, the court shall impose a sentence of loss of honorary titles or decorations, loss of military rank, confiscation of property, confiscation of a thing, if such a punishment was stated in the previous judgment.
(2) Provisions of Sections 43 and 44 shall be applied accordingly, if a sentence for more criminal offences is imposed simultaneously.
(3) The provision on the joint sentence for a continuing criminal offence shall be applied also when the previous sentence is of such a nature, that the offender is considered not to be sentenced at all.

PART ONE GENERAL
CHAPTER V CRIMINAL PENALTIES
Division 2 Punishments
Sub -Division 4 Types of Penalties and Exceptional Sentence of Imprisonment

Section 53 Imposing Multiple Punishments Individually and in Parallel
(1) If the Criminal Code stipulates several punishments for a criminal act, each of these penalties may be imposed separately, or more punishments may be imposed concurrently. Besides a punishment stipulated by the Criminal Code for a criminal offence, other punishments referred to in Section 52 may also be imposed. However, house confinement may not be imposed in parallel to imprisonment and community service, community service in parallel to imprisonment, pecuniary penalty in parallel to confiscation of property and prohibition of stay in parallel to banishment.
(2) House confinement, community service, pecuniary penalty, prohibition of entering sport, cultural and other social events, banishment and prohibition of stay may be also imposed individually, even if the Criminal Code does not stipulate such a punishment for a particular criminal offence.

PART ONE
GENERAL PART

CHAPTER V
CRIMINAL PENALTIES

Division 2
Punishments

Sub-Division 1
General Principles Applying to Imposition of Punishments

Section 43 Cumulative and Aggregate Sentence
(1) If the court sentences an offender for two or more criminal acts, it shall impose a cumulative sentence to him/her according to the provision which applies to the most severely punishable criminal offence; if a multi-acting concurrence of a larger number of criminal offences is concerned, the court may impose a sentence within a term whose upper limit shall be raised by one third; however the upper limit of the term of imprisonment after this raising cannot exceed twenty years, and if imposing an exceptional sentence of imprisonment beyond twenty years up to thirty years, it cannot exceed thirty years. Besides a punishment admissible according to such a provision may be within a cumulative sentence be imposed also another type of penalty, if its imposition is reasoned by any of the tried criminal acts. If the lower limits of terms of imprisonment are different, the lower limit of the sentence shall be the highest one. If the Criminal Code only stipulates a sentence of imprisonment for any of these criminal acts, the cumulative sentence may only be a sentence of imprisonment as an individual sentence.
(2) The court shall impose an aggregate sentence according to principles referred to in Sub- section (1) when sentencing an offender for a criminal offence committed before the court of the first instance announced a convicting judgement for another his/her criminal offence.
Along with imposing an aggregate sentence shall the court cancel the verdict on punishment imposed to the offender by the former sentence, as well as all other decisions by their contents consequential to this verdict, if with regard to the modification caused by this cancellation those decisions lost their basis. An aggregate sentence cannot be lower than the sentence imposed by the former judgement. The court shall enunciate loss of honorary titles and decorations, loss of military rank or confiscation of a thing or other asset value within the aggregate sentence, if such a penalty was imposed by the former judgement.
(3) A convicting judgement according to Sub-section (2) shall be understood also as a judgement by which was the punishment waived with supervision according to Section 48(1). Along with imposing an aggregate sentence shall the court cancel the verdict on conditional waiver of punishment with supervision, as well as all other decisions by their contents consequential to this verdict, if with regard to the modification caused by this cancellation those decisions lost their basis.
(4) Provisions on aggregate sentence shall not apply, if the former conviction is of such a nature that the offender shall be regarded as if he/she was never convicted.

PART ONE
GENERAL PART

CHAPTER V
CRIMINAL PENALTIES

Division 2
Punishments

Sub-Division 8
Inclusion of Custody and Punishment

Section 92 Inclusion of Custody and Punishment
(1) In case criminal proceeding was conducted against an offender placed in custody and this proceeding leads to his/her conviction for the same deed, the time spent in custody shall be counted into the time of the imposed sentence, eventually into a cumulative or aggregate sentence, if it is possible with regard to the type of the imposed sentence.
(2) If an offender was sentenced by a court or another authority and then was sentenced for the same deed anew, the executed punishment shall be counted into the imposed sentence, if it is possible with regard to the type of the imposed sentence. Accordingly shall the court proceed if it imposes a cumulative or aggregate sentence (Section 43) or a joint sentence for a continuing criminal offence (Section 45) to the offender.
(3) If inclusion of the time spent in custody or executed punishment is not possible, the court shall take it into consideration when determining the type and extent of the sentence.

Section 93 Inclusion of Custody and Punishment Executed Abroad
(1) If an offender was place in custody abroad or sentenced by an authority of a foreign state or by an international court, the time spent in custody or the executed punishment shall be counted into a sentence imposed by a court of the Czech Republic, if it is possible with regard to the type of imposed sentence. Accordingly shall the court proceed if it imposes a cumulative or aggregate sentence (Section 43) or a joint sentence for a continuing criminal offence (Section 45) to the offender.
(2) If inclusion of custody or punishment imposed abroad (Sub-section (1)) is not possible, especially because the punishment partially or fully executed abroad was of such a type that is not known to the Code of Criminal Procedure, the court shall take it into consideration when determining the type and extent of the sentence.