Aggregate Sentence

Aggregate Sentence in Europe

Fixing of Aggregate Sentence in Germany

Provisions relating to fixing of aggregate sentence in the German Criminal Code [1]: This criminal issue is covered by Chapter Three Sanctionsunder the Third Title, Sentencing for Multiple Offences,” located in Section 54 Fixing of aggregate sentence, which reads: (1) If one of the sentences for the individual offences is imprisonment for life, an aggregate sentence of imprisonment for life shall be imposed. In all other cases the aggregate sentence shall be fixed by increasing the most severe individual sentence incurred and, in the case of different kinds of penalties, by increasing the sentence that is most severe in nature. The person of the offender and the individual offences shall be considered in their totality. (2) The aggregate sentence shall be less than the sum of the individual sentences. It shall not, in the case of imprisonment for a fixed term, exceed fifteen years, in the case of a confiscatory expropriation order, the value of the offenders assets, and in the case of a fine, seven hundred and twenty daily units; section 43a (1) 3rd sentence shall apply mutatis mutandis. (3) If an aggregate sentence is to be fixed based on a term of imprisonment and a fine, one daily unit shall correspond to one days imprisonment for the purpose of calculating the sum of the individual sentences.

Subsequent Fixing of Aggregate Sentence in Germany

Provisions relating to subsequent fixing of aggregate sentence in the German Criminal Code [1]: This criminal issue is covered by Chapter Three Sanctionsunder the Third Title, Sentencing for Multiple Offences,” located in Section 55 Subsequent fixing of aggregate sentence, which reads: (1) Sections 53 and 54 shall also apply to a convicted person who has had a sentence imposed upon him by a final judgment which has neither been enforced, barred by the statute of limitations nor remitted, when that person is convicted of another offence which he committed before the previous conviction. That previous conviction shall be the judgment in those proceedings in which the factual findings underlying the new conviction could last have been examined. (2) Confiscatory expropriation orders, ancillary penalties and measures (section 11 (1) No 8) imposed in the previous sentence shall be upheld to the extent they have not been rendered moot by the new judgment. This applies also when the amount of the expropriation order imposed in the previous sentence exceeds the value of the offenders assets at the time of the new sentence.

Resources

Notes

  1. The content of the translated German penal code in relation to subsequent fixing of aggregate sentence is current as of 2010

Resources

Notes

  1. The content of the translated German penal code in relation to fixing of aggregate sentence is current as of 2010

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