General Part

Section 3.

Punishment.

Chapter 10.

Assignment of punishment.

Article 67. Assignment of punishment by accumulation of sentences.

1. If the convict commits another crime after sentencing, but before the expiry of the term of the sentence, the court adds the unserved part of the previously assigned punishment to the newly assigned punishment, in full or partially.

2. The final punishment by accumulation of sentences, provided it does not involve imprisonment, can not exceed the maximal punishment of this type envisaged in the General Part of this Code.

3. The final imprisonment by accumulation of sentences can not exceed 20 years.

4. The final punishment by accumulation of sentences must be greater than both the punishment for the newly committed crime, and the unserved part of the punishment assigned by the previous sentence.

5. When assigning a punishment by accumulation of sentences, the addition of supplementary punishments is done as prescribed in Article 67 of this Code.

6. If a new crime is committed by a life-server, the newly assigned punishment is absorbed by the life sentence .

Article 74. Imposition of Punishment in Case of Combination of Crimes

1. By imposing individual punishment (main and supplementary) for each crime by combination of crimes, the court shall determine the final punishment by adding the imposed punishments in full or partially. When adding partially, the final punishment shall be more than the most severe punishment imposed for the crimes included in the combination of crimes. When determining the final punishment for combination of crimes, the partially added punishment may not be less than the minimum size or term provided for by this Code for the given type of punishment, however the final punishment shall not exceed the size or term envisaged in Parts 2, 3, 4, 5, 6 and 9 of this Article.

2. Where the combination of crimes includes only non grave criminal offences, then the final punishment in the form of imprisonment shall be imposed through adding the punishments in full or partially. When adding, the final punishment in the form of imprisonment shall not exceed 5 years.

3. Where the combination of crimes includes only medium gravity or medium gravity and non-grave criminal offences, or grave criminal offences committed negligently, then the final punishment in the form of imprisonment shall be imposed through adding the punishment in full or partially. When adding, the final punishment in the form of imprisonment shall not exceed 10 years.

4. Where the combination of crimes includes a grave criminal offence committed intentionally, then the final punishment in the form of imprisonment shall be imposed through adding the punishments in full or partially. When adding, the final punishment in the form of imprisonment shall not exceed 15 years.

5. Where the combination of crimes includes a particularly grave criminal offence, then the final punishment in the form of imprisonment shall be imposed through adding the punishments in full or partially. When adding, the final punishment in the form of imprisonment shall not exceed 20 years.

6. Where the combination of crimes includes such particularly grave criminal offence, which is related to the intentional deprivation of life, then the final punishment in the form of imprisonment shall be imposed through adding the punishments in full or partially. When adding, the final punishment in the form of imprisonment shall not exceed 25 years.

7. Where the combination of crimes includes two or more particularly grave criminal offences related to the intentional deprivation of life, then the court, taking into account the motivation, purpose and method of the crimes and the degree of implementation of the criminal intention, may impose life imprisonment as the final punishment, even if sanction of the article of the Special Part of this Code does not provide it for any of the committed criminal offences.

8. When the court imposes life imprisonment for one of the criminal offences included in the combination of crime, then the imposed final main punishment shall be life imprisonment.

9. The final punishment imposed as a result of adding other punishments in full of partially in case of combination of crimes, shall not exceed the maximum term or size provided for the given type of punishment by the General Part of this Code.

10.In case of combination of crimes, supplementary punishments imposed for the criminal offences constituting combination of crime may be added to the main punishment imposed. In case of adding the supplementary punishments in full or partially, the final supplementary punishment shall not exceed the maximum term or size provided for the given type of punishment by the General Part of this Code.

11. The punishment shall be imposed according to the rules provided for of this Article, if after the delivery of a criminal judgment, it is revealed that the convict is guilty also for another criminal offence, which he/she has committed before the criminal judgment was delivered in relation to the first case. In this case the term of the final punishment shall be set-off against the served part of the first one, and the start of serving the punishment shall be considered the start of serving the punishment imposed by the first criminal judgment.


Article 75. Imposition of Punishment in Case of Combination of Criminal Judgments

1. Where the convict has committed a new criminal offence, following the delivery of the criminal judgment, but prior to serving the punishment in full, the court shall add in full or partially the unserved part of the punishment imposed by the previous criminal judgment to the punishment imposed by the new criminal judgment.

2. The final punishment imposed by combination of criminal judgments, where it is not related to imprisonment, may not exceed the maximum size defined in the General Part of this Code with regard to the types of punishment concerned.

3. The final punishment in the form of imprisonment by combination of criminal judgments may not exceed 30 years, except for cases, when the person commits such a crime, for which also life imprisonment is prescribed.

4. The final punishment in the form of imprisonment by combination of criminal judgments should be more severe than both the punishment imposed for a new crime, and the unserved part of the punishment imposed by the previous criminal judgment.

5. When imposing a punishment by combination of criminal judgments, the cumulation of supplementary punishments shall be carried out by the rules defined by part 10 of the Article 74 of this Code.

6. When convict serving life imprisonment commits a new criminal offence, the newly imposed punishment shall be absorbed by life imprisonment.

Article 103. Imposition of Punishment in Case of Combination of Criminal Judgments

1. Final punishment by combination of criminal judgments, if not related to imprisonment, shall not exceed the maximum size established for the specific type of punishment in this Code.

2. Final punishment by combination of criminal judgments in the form of imprisonment to persons who have not attained the age of 16 at the moment of committing the last criminal offence, cannot exceed the term of 10 years, to persons who have not attained the age of 18 at the moment of committing the last criminal offence-cannot exceed 12 years, and for the persons who have not attained the age of 21 at the time of committing the last crime- cannot exceed 25 years, except for the cases when person commits such a criminal offence, for which a life sentence is prescribed.