Joint sentence following multiple convictions - national proceedings

Kyrgyzstan

Kyrgyzstan - Criminal Code 2021 (2024) EN

Article 78. Assignment of punishment based on a combination of sentences

1. When assigning a punishment based on a combination of sentences, the court shall partially or fully add to the punishment assigned under the last sentence the unserved portion of the punishment assigned under the previous sentence.

2. The term or amount of the final punishment imposed on the basis of a combination of sentences, if it is more lenient than imprisonment, must not exceed the maximum term or amount provided for this type of punishment by the General Part of this Code.

3. The final punishment imposed on the basis of a combination of sentences must be greater than both the punishment imposed for the newly committed crime and the unserved portion of the punishment imposed on the basis of the previous sentence.

4. When adding together sentences in the form of life imprisonment and any less severe sentences, the total term of the sentence finally imposed on the basis of the aggregate of sentences is determined by absorbing the less severe sentences into life imprisonment.

5. In the event of two or more sentences in the form of life imprisonment, it shall be served once.

6. The addition of additional types of punishment to a combination of sentences is carried out in the manner provided for in Article 68. of this Code.

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).