Article 11. Repetition of a Crime

1. The commission of two or more acts stipulated by one and the same article or part of the Special Part of the present Code shall be considered to be repetition of a crime.

2. The commission of two or more crimes stipulated by different articles of the Special Part of the present Code, may be recognised as repetition of a crime only in cases which are specially indicated in the present Code.

3. A crime shall not be recognised as committed repeatedly if, for a crime committed earlier, a given person was released from criminal liability through the procedure established by law, or when a former conviction was cancelled or exculpated, or if the limitation periods expired for holding the convicted liable for such a crime.

4. A crime shall not be considered a repeated one, which is continuous, that is, a crime which consists of a chain of the same criminal acts which are united by a single design and purpose, and which form one crime.

5. In cases in which the repetition of a crime is stipulated by the present Code as a circumstance which entails a stricter punishment, then crimes committed by a given person shall be qualified in accordance with the relevant part of a given article which stipulates punishment for repetition of a crime in the Special Part of the present Code.

Article 12. Cumulative Crimes

1. A cumulative crime shall be recognised as the commission of two or more acts stipulated by different articles or parts of a given article of the present Code, for neither of which a person was convicted, or released from criminal liability, on the bases stipulated by law. In case of a cumulative crime, a person shall bear criminal liability for each committed crime under the relevant article or a part of a given article of the present Code, unless the indications of the committed acts are covered by the provision of one Article or part of Article of this Code, which provides for a stricter punishment.

2. A cumulative crime shall mean one act (failure to act) which contains elements of crimes stipulated by two or more articles of the present Code. In the case of such combination of crimes the person shall be held criminally responsible for each crime in accordance with the relevant Articles of this Code, unless the indications of one committed act are covered by a provision of one Article of this Code, which provides for a stricter punishment for another act.

3. If one and the same act falls under the signs of the general and special norms of the relevant articles of the present Code, then there is no cumulative crime, and criminal liability shall arise under that article of the Special Part of the present Code which contains a special norm.

Date: 2014-12-21; view: 902