Joint sentence following multiple convictions - national proceedings

Estonia

Estonia - Penal Code 2001 (2020) EN

Part 1 GENERAL PART
Chapter 4 IMPOSITION OF PUNISHMENT
Division 1Bases for Imposition of Punishments

§ 63. Imposition of principal punishment for several offences
(1) If a person commits an act which comprises the necessary elements of several offences, one punishment shall be imposed on the person on the basis of the provision of law which prescribes the most onerous punishment.
(2) If a person commits several acts which contain the necessary elements of several criminal offences and he or she has not been previously punished for any of such offences, a punishment shall be imposed separately for each offence and aggregate punishment shall be imposed pursuant to § 64 of this Code.
(3) If a person commits several acts which contain the necessary elements of several misdemeanours, a punishment shall be imposed separately for each misdemeanour.

§ 64. Imposition of aggregate punishment
(1) In the case of principal punishments of the same type, the aggregate punishment shall be imposed by increasing the most onerous of the individual punishments imposed or by considering a lesser punishment to be imposed by imposition of the most onerous one.
(2) If one of the principal punishments imposed is a pecuniary punishment, it shall be executed independently, except in the case provided for in subsection (4) of this section.
(3) An aggregate punishment shall not exceed the sum of the individual punishments imposed or the maximum rate of the most onerous punishment provided for in the corresponding section of the Special Part of this Code.
(4) If life imprisonment is one of the punishments imposed, life imprisonment shall be imposed as the aggregate punishment.
(5) Supplementary punishments of different types shall be executed independently.

§ 65. Subsequent imposition of aggregate punishment
(1) If, after the pronouncement of a conviction, it is ascertained that the offender has committed another criminal offence prior to the pronouncement of the conviction, an aggregate punishment shall be imposed pursuant to the procedure provided for in § 64 of this Code. Punishment served in part or in full pursuant to the previous conviction shall be deducted from the aggregate punishment.
(2) If an offender commits another criminal offence after the pronouncement of the conviction but before the sentence is served in full, the unserved part of the sentence imposed by the previous judgment shall be added to the punishment imposed for the new offence in accordance with the provisions of 64 (2), (4) and (5) of this Code. In such case, the aggregate punishment shall not exceed the maximum term of the given type of punishment.
(3) If any of the punishments constituting a set on the basis of subsection (1) of this section has been substituted or the offender has been released on parole, the court shall determine for the second time, after formation of the aggregate punishment, the procedure for the enforcement thereof either by substituting it, releasing the offender on parole or enforcing the aggregate punishment pursuant to the provisions of § 56 of this Code. If any of the punishments constituting the set is unserved actual imprisonment, actual imprisonment shall be imposed as the aggregate punishment.

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).