GENERAL PART

Chapter 10
Determining the Penalty

§ 88

(1) If, by one or more acts, a person has committed several offences, one common penalty shall be fixed for these offences within the statutory range prescribed, or, if punishments with a different statutory range apply, within the most severe one.

In particularly aggravating circumstances, the penalty may exceed the most severe penalty prescribed for any of the offences by up to one half.

(2) Where one of the offences is punishable by imprisonment and another punishable by a fine, the court may, in lieu of a common sentence of imprisonment to cover both offences, impose a fine in addition to a sentence of imprisonment.

(3) Where one of the offences is punishable by a day fine and another by a fine of a different nature, the court shall impose a common penalty of a day fine in respect of both offences, unless it is considered appropriate in the circumstances to impose a separate penalty in respect of each offence.

(4) Where one of the offences is punishable with a measure under Sections 68-70 or Section 74 a, of this Act, and another deserves a penal measure, the court may decide that such a penalty shall be remitted.