Joint sentence following multiple convictions - national proceedings

Malta

Malta - Criminal Code 1854 (2023) EN

17. In the case of concurrent offences and punishments, the following provisions shall apply:

(a) a person guilty of more than one crime liable to punishments restrictive of personal liberty, one of which is for life, shall be sentenced to this punishment with the addition of solitary confinement;

(b) a person guilty of more than one crime liable to temporary punishments restrictive of personal liberty, shall be sentenced to the punishment for the graver crime with an increase varying from one-third to one- half of the aggregate duration of the other punishments,

(c) a person guilty of more than one contravention shall be sentenced to the punishment established for each contravention:

Provided that if the accused is sentenced to detention, the aggregate duration of the punishment to be awarded shall in no case exceed the period of three months;

(d) a person guilty of one or more crimes and of one or more contraventions, shall only be sentenced to the punishment established for the crime or to the punishment to which the offender may be liable for the commission of more crimes according to the rules laid down in the preceding paragraphs, if the punishment to be inflicted for the crimes is not less than three months’ imprisonment. Where the punishment to be inflicted for the crimes is less than three months’ imprisonment, the punishment established for the contravention or the punishment to which the offender may be liable for the commission of more contraventions according to the rules laid down in the preceding paragraph, shall also be applied;

(e) where the law prescribes the punishment of temporary interdiction, that whichis of the longest duration shall be applied with an increase varying from one-third to one-half of the aggregate duration of the others:

Provided that the term awarded shall in no case exceed twenty years;

(f) a person found guilty of more than one offence liable to pecuniary punishments shall be sentenced to the punishment of the higher or highest fine (multa or ammenda), as the case may be, in addition to one-half of each of the other fines (multa or ammenda);

(g) in the case of conversion of more than one pecuniary punishment into a punishment restrictive of personal liberty, the duration of this punishment shall not exceed three years, in the case of a fine (multa), or six months in the case of a fine (ammenda); and if both fines (multa and ammenda) have been awarded, the conversion shall be made into detention or imprisonment as the court shall direct;

(h) when several offences, which taken together do not constitute an aggravated crime, are designed for the commission of another offence, whether aggravated or simple, the punishment for the graver offence shall be applied.

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).