Article 58. Establishing Punishment for a Cumulative Crime

1. In case of a cumulative crime, a court, after establishing punishment (principal and additional) for each crime separately, shall determine the final punishment by way of merging of a less strict punishment by stricter one, or by way of complete or partial addition of established punishments.

2. Where a combination of crimes comprises only crimes of lesser and medium gravity, then finally the punishment shall be appointed by way of a merger of the less strict punishment with a more strict one.

3. If a cumulative crime includes grave or especially grave crimes, than final punishment shall be established by way of absorption of a less strict punishment by a more strict one or by way of partial or complete addition of punishments. In this respect final punishment in the form of deprivation of freedom may not exceed twenty years.

4. If a cumulative crime includes even one especially grave crime, for the commission of which the present Code stipulates punishment in the form of deprivation of freedom for a period of twenty years, or capital punishment, or life-time deprivation of freedom, than final punishment shall be established by way of partial or complete addition of punishments. In this respect, final punishment in the form of deprivation of freedom may not exceed twenty five years.

5. To the principal punishment established for a cumulative crime, additional punishments may be added, which are established for crimes forming cumulation. Final additional punishment, in case of partial or complete addition, may not exceed the maximum term or amount established for a given type of punishment by the General Part of the present Code.

6. Under the same rules, punishment shall be established, if after the passing of a sentence in a given case by a court, it is established that a convict is also guilty of another crime which was committed by him prior to the passing of a sentence for the first case. In this case, punishment served under the first sentence of a court shall be taken into account within the final term of punishment.

Article 59. Establishing Punishment in Case of Criminal Recidivism

1. When establishing punishment in case of criminal recidivism, dangerous criminal recidivism, or especially dangerous criminal recidivism, the number, character, and degree of social danger of previous crimes shall be taken into consideration, as well as circumstances by virtue of which correctional impact of the previous punishment turned out to be insufficient, and the character and degree of social danger of newly committed crimes.

2. A term and amount of punishment in case of criminal recidivism may not be less than a one third the maximum term and amount of the strictest type of punishment stipulated for a given crime, not less than one half in cases of dangerous criminal recidivism, and not less than two-thirds in case of especially dangerous criminal recidivism.

3. If an article (a part of an article) of the Special Part of the present Code contains an reference to a former conviction of a person who committed a crime as a qualifying attribute, as well as if there are exceptional circumstances stipulated by Article 55 of the present Code, then punishment in cases of criminal recidivism, dangerous criminal recidivism, or especially dangerous criminal recidivism, shall be established without taking into consideration of the rules stipulated by the second part of this Article.

Date: 2014-12-21; view: 1089