(1) The court may acquit the offender from a sentence only when the law foresees this
explicitly.
(2) When the court is authorized to acquit the offender from a sentence, it may mitigate the
sentence without the limitations prescribed for the mitigation of a sentence or to specify a
secondary sentence stipulating a prohibition from operating a motor vehicle or expulsion of
a foreign person from the country.
Special grounds for acquittal from sentence
Article 43
The court may acquit from sentence an offender who committed a crime from negligence,
when the consequences of the crime strike the offender so severely that the sentencing in
this case would not fit the purpose of the sentence.
Acquittal due to removal of the harmful consequences of the crime
Article 43-a
For the crime, for which the law prescribes a fine or an imprisonment of up to three years,
which crime has been committed under particularly alleviating circumstances, and if the
damaged party agrees, the court may acquit the offender which will return the gain taken
away from the damaged party, will indemnify the damage done to the damaged party, or
will in some other way repair the harmful consequences from the criminal activity.
Concurrence of crimes
Article 44
(1) If the offender, by one or more actions, has committed several crimes being tried for
simultaneously, the court shall prior to that determine the sentences for each crime
separately, and further on pronounce a single sentence only.
(2) The single sentence shall be pronounced by the court according to the following rules:
1) if it determines life imprisonment or long-lasting imprisonment of up to 40 years for
some crime in concurrence, it shall pronounce only this punishment,
2) if it has determined imprisonment for crimes in concurrence, the single punishment must
be greater than each individual sentence but it may not reach the sum of the determined
sentences, nor may it exceed 20 years of imprisonment,
3) if up to three years of imprisonment are prescribed for all the crimes in concurrence, the
single punishment may not be greater than eight years of imprisonment,
4) if it has determined only fines for crimes in concurrence, it shall increase the highest
determined fine, not exceeding the sum of the determined fines or 600 day fines, in case
when the fine is the main sentence, i.e. Euro 10.000 in Denar counter-value when
determined as secondary fines. If a fine in day fines has been determined for a crime in
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