Joint sentence following multiple convictions - national proceedings

Latvia

Latvia - Criminal Code 1998 (2023) EN

Section 50. Determination of Punishment for Several Criminal Offences

(1) If a person has committed several independent criminal offences, a court in rendering a judgment or the prosecutor by drawing up a penal order shall determine punishment separately for each criminal offence. In such case the final punishment shall be determined according to the aggregation of the criminal offences, including the lesser punishment within the more serious or also completely or partially adding together the punishments imposed.

(2) If all criminal offences constituting the aggregation of criminal offences are criminal violations or less serious crimes, the final punishment shall be determined including the lesser punishment within the more serious or also completely or partially adding together the punishments imposed. In such case the total amount or period of the punishment may exceed the maximum amount or period of the punishment provided for the most serious of the committed criminal offences, but not more than a half of the maximum amount or period of the punishment provided for the most serious of the criminal offences committed.

(3) If at least one criminal offence constituting the aggregation of criminal offences is a serious or especially serious crime, the final punishment shall be determined completely or partially adding together the punishments imposed. In such case the total amount or period of the punishment may exceed the maximum amount or period of the punishment provided for the most serious of the committed criminal offences, but not more than a half of the maximum amount or period of the punishment provided for the most serious of the criminal offences committed. The total period of the punishments of deprivation of liberty (except life imprisonment) added together shall not exceed twenty five years, but, if an especially serious crime has been committed resulting in death of the victim, the total period of the punishment of deprivation of liberty may also be determined for the whole life (life imprisonment).

(4) At first an additional punishment, the same as a basic punishment, shall be determined separately for each of the criminal offences and afterwards for the aggregation of criminal offences together with a basic punishment. Additional punishments adjudged separately for each of the criminal offences shall be added to the basic punishment determined for the aggregation of criminal offences.

(4^1) If a basic punishment and an additional punishment conform to one type of punishment, then they shall be fully or partially added up, determining the final punishment as the basic punishment. In such case the total amount or time of the punishment may exceed the maximum amount or time provided for the relevant type of punishment, but not more than half of it.

(5) The court shall determine the punishment in accordance with the same procedure if, after a judgment has been rendered or a prosecutor’s penal order has been drawn up, it is established that the person is also guilty of another criminal offence, which he or she had committed prior to entering into effect of the judgment or the prosecutor’s penal order in respect of the first matter. In such case, the period of the punishment shall include the punishment which has already been totally or partially served after the first judgment. If the period of deprivation of liberty determined conditionally in a judgment exceeds the period of deprivation of liberty determined in another judgment, the period of deprivation of liberty determined conditionally shall be completely of partially added to the period of deprivation of liberty.

(6) The total amount or period of the final punishment determined in accordance with the procedures laid down in this Section may exceed the maximum amount or periodterm determined for the relevant type of 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).