GENERAL PART
CHAPTER IX
SENTENCING

Aim of Punishment

Section 79
The aim of a punishment is to prevent - in the interest of the protection of society - the perpetrator or any other person from committing an act of crime.

Sentencing Principles

Section 80
(1) Punishment shall be imposed within the framework provided for in this Act, having in mind its intended objective, as consistent with the severity of the criminal offense, with the degree of culpability, the danger the perpetrator represents to society, and with other aggravating and mitigating circumstances.
(2) Where a sentence of imprisonment is delivered for a fixed term, the median of the prescribed scale of penalties shall be applicable. The median constitutes half of the sum of the lowest and highest penalties to be imposed.
(3) Where the upper limit of the sentence prescribed in the Special Part for any act of crime is to be increased according to this Act, the calculation specified in Subsection (2) shall be carried out in respect of such higher scale of penalties.
(4) If the court delivers a sentence of imprisonment, the length of imprisonment shall be determined without allowing for the opportunity of probation or parole.

Cumulative Sentences

Section 81
(1) In case of multiple counts of offenses a single cumulative sentence shall be imposed.
(2) The penalty shall be imposed based on the types of punishment and according to the most severe one prescribed for the gravest of the multiple offenses to which it pertains.
(3) If, in respect of a multiple count of charges, at least two is punishable by a fixed-term imprisonment, the upper limit of the applicable punishment shall be increased by one-half of the maximum penalty prescribed, however, it may not reach the total duration of the maximum sentences established for such criminal acts.
(4) If, in respect of multiple counts of charges, at least three counts constitute violent crimes against persons committed at different times, the upper limit of the applicable penalty set out in Subsection (2) shall be doubled. If the upper limit of the applicable penalty increased as per the above would exceed twenty years, or if either of the said criminal offenses in the multiple counts carry a maximum sentence of life imprisonment, the perpetrator in question must be sentenced to life imprisonment. However, where this is permitted under the General Part of this Act, the penalty may be reduced without limitation.
(5) The additional penalty may not exceed the highest measure or duration prescribed in this Act in the case of cumulative sentences.

Commutation of Sentences

Section 82
(1) A punishment less severe than the punishment applicable may be imposed, if the minimum sentence is deemed too harsh based on the principles of sentencing.
(2) Within the meaning of Subsection (1), if the minimum sentence to be imposed for a criminal act is:
a) ten years of imprisonment, it may be reduced to a minimum of five years of imprisonment;
b) five years of imprisonment, it may be reduced to a minimum of two years of imprisonment;
c) two years of imprisonment, it may reduced to a minimum of one year of imprisonment;
d) one year of imprisonment, it may reduced to a lesser term of imprisonment.
(3) In the case provided for in Paragraph d) of Subsection (2), imprisonment may be substituted by custodial arrest, community service work or fine, and these penalties may be imposed concurrently as well.
(4) In respect of attempt or aiding and abetting, if the sentence to be imposed under Subsection
(2) remains excessive, the next sentencing category of Subsection (2) shall be applied.
(5) If this Act allows unlimited mitigation, the minimum sentence for any type of punishment may be imposed.

Sentencing in the Case of Waiver of the Right to Trial

Section 83
(1) With the exceptions set out in Subsection (2), in the case of a waiver of the right to trial, the lower limits of the less severe penalties provided for in Subsection (2) of Section 82 shall be applied in sentencing.
(2) In the case of waiver of the right to trial by a defendant who is cooperating, the term of imprisonment may not exceed:
a) three years in respect of crimes punishable by imprisonment not exceeding eight years;
b) two years in respect of crimes punishable by imprisonment not exceeding five years;
c) six months in respect of crimes punishable by imprisonment not exceeding three years.
(3) If waiver of the right to trial applies on account of a criminal offense punishable by imprisonment exceeding eight years, the more severe provisions on criminal offenses committed in the framework of a criminal organization shall not apply, and the penalty shall be imposed within the lower and upper limits prescribed by this Act for the offense in question.

Section 84
(1) In the case of waiver of the right to trial, the provisions on cumulative sentences shall apply in respect of multiple count of charges, with the proviso that the maximum penalty for multiple counts of criminal acts shall be imposed according to the one prescribed for the most severe of the penalties to be imposed under Subsections (1)-(2) of Section 83.
(2) If, in respect of a multiple count of charges, at least two is punishable by a fixed-term imprisonment under this Act, the maximum penalty applicable under Subsections (1)-(2) of Section 83 shall be increased by the median of the penalty prescribed, however, it may not reach the total duration of the maximum sentences established under Subsections (1)-(2) of Section 83 separately for the offenses in question.

Suspension of the Execution of Imprisonment

Section 85
(1) The execution of a term of imprisonment of two years or less may be suspended conditionally, if there is reason to believe - particularly in view of the personal circumstances of the perpetrator - that the aim of the punishment may also be attained this way.
(2) Unless otherwise provided for in this Act, the period of probation shall be between one to five years, however, it may not be less than the term of imprisonment imposed. The period of probation shall be defined in years, or in years and months.

Section 86
(1) Execution of a sentence of imprisonment may not be suspended if the perpetrator: a) is a repeat offender;
b) committed the crime in the framework of a criminal organization, or
c) committed a criminal offense intentionally before he has finished serving his sentence, or
during the probation period of a conditional sentence.
(2) If a perpetrator is incarcerated on account of which the suspended sentence of imprisonment cannot be carried out, the period of probation shall be extended by the duration of the imprisonment.
(3) The provision contained in Subsection (2) shall also apply where community service work and fine is substituted by imprisonment.
(4) In the application of Subsections (2) and (3), the period of probation may exceed five years.
(5) Where the perpetrator has been sentenced several times to a prison term suspended for a period of probation, and the period of probation of these terms have not yet lapsed, all such periods shall apply concurrently.
(6) Simultaneously with the suspension of carrying out a sentence of imprisonment the perpetrator may be placed under the supervision of a probation officer. If the perpetrator is a recidivist he must be placed under probation with supervision.

Section 87
A suspended sentence shall be carried out if:
a) it is established during the period of probation that it has been suspended in contrast with the provisions set out in Subsection (1) of Section 86,
b) the perpetrator is sentenced to executable imprisonment for a crime committed during the
period of probation, or
c) the perpetrator seriously violates the rules of conduct of the probation.

Section 88
In the event that a suspension of punishment is granted for reasons of clemency, the provisions pertaining to the carrying out of a suspended sentence shall apply mutatis mutandis when ordering the execution of such penalty.