Multiple Offences

Multiple Offences in Europe

Multiple Offences Committed by Multiple Acts in Germany

Provisions relating to multiple offences committed by multiple acts 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 53 Multiple offences committed by multiple acts, which reads: (1) If a person has committed more than one offence, all of which are to be adjudicated at the same time, and incurred more than one sentence of imprisonment or more than one fine, an aggregate sentence shall be imposed. (2) If a term of imprisonment concurs with a fine, an aggregate sentence shall be imposed. The court may impose a separate fine; if fines are to be imposed for more than one offence, an aggregate fine shall to that extent be imposed. (3) If the offender, pursuant to a law according to which section 43a is applicable or under the terms of section 52 (4), has as one of the individual sentences incurred imprisonment for life or a fixed term of more than two years, the court may impose a confiscatory expropriation order in addition to the aggregate sentence formed pursuant to subsections (1) or (2) above; if in such cases a confiscatory expropriation order is to be imposed for more than one offence, an aggregate expropriation order shall to that extent be imposed. Section 43a (3) shall apply mutatis mutandis. (4) Section 52 (3) and (4) 2nd sentence shall apply mutatis mutandis.

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Notes

  1. The content of the translated German penal code in relation to multiple offences committed by multiple acts is current as of 2010

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