Act IV of 1978 on the Criminal Code GENERAL ... - Legislationline

(1) Supplementary punishments may not be summed up, and similarly, an imprisonment substituting a fine may notbe summed up either.(2) From among the supplementary punishments <strong>of</strong> the same duration - with the exception <strong>of</strong> fine as supplementarypunishment - that one shall be executed which is more disadvantageous for the convict. This shall also governsupplementary punishments applied in lieu <strong>of</strong> a principal punishment.(1) In respect <strong>of</strong> special and multiple recidivists - unless the law otherwise provides - the upper limit <strong>of</strong> the item <strong>of</strong>punishment <strong>of</strong> a new act <strong>of</strong> crime shall increase by half in case <strong>of</strong> imprisonment, but it may not exceed fifteen years. Inrespect <strong>of</strong> cumulative sentences and in respect <strong>of</strong> waiver <strong>of</strong> right to trial, the term <strong>of</strong> punishment set forth in Subsection(2) <strong>of</strong> Section 85 and in Section 87/C, respectively, shall be increased by one-half.(2) The punishment may be mitigated on the basis <strong>of</strong> Section 87, subsection (2) only in a case deserving specialappreciation.(3) The more severe legal consequences set forth in Subsection (1) shall not be applied if the Special Division <strong>of</strong> this<strong>Act</strong> prescribes sentencing for qualified recidivists to consider such as an aggravating circumstance.(1) Any person who has knowingly committed a criminal act in affiliation with organized crime (Point 8 <strong>of</strong> Section137) shall be subject to double the punishment specified for the crime in question, however it shall not exceed twentyyears. In respect <strong>of</strong> cumulative sentences and waiver <strong>of</strong> right to trial, the terms <strong>of</strong> punishment specified in Subsection(2) <strong>of</strong> Section 85 and in Section 87/C shall apply, respectively.(2)(3) Any person committing a crime in affiliation with organized crime shall be subject to expulsion as a subsidiarypunishment.(4) Upon conviction for a crime committed in affiliation with organized crime, the legal consequences prescribed inthis <strong>Act</strong> for crimes committed in criminal conspiracy cannot be applied.(1) The entire duration <strong>of</strong> preliminary detention shall be included in the final sentence, whether it is a term <strong>of</strong>imprisonment, community service, fine or fine as an ancillary punishment.(2) For the purposes <strong>of</strong> inclusion, one day <strong>of</strong> preliminary detention shall correspond to one day <strong>of</strong> community serviceor to one day’s worth <strong>of</strong> fine.(3) For the inclusion <strong>of</strong> house arrest, one day <strong>of</strong> community service or one day’s worth <strong>of</strong> fine shall correspond to oneday, and one day <strong>of</strong> imprisonment shall, depending on the degree <strong>of</strong> security <strong>of</strong> the imprisonment, correspond to threeto five days <strong>of</strong> house arrest as consistent with court decision.(4) If any duration <strong>of</strong> house arrest remains after the inclusion under Subsection (3), it shall be counted as one day <strong>of</strong>imprisonment.(5) Where the inclusion concerns a fine, the amount-per-day ratio shall be calculated according to the formula set outin Subsection (2) <strong>of</strong> Section 65.