(3) Punishment may also be remitted by court where a perpetrator committed a
criminal offence punishable by maximum five year prison term provided that after the
commission but before he learned he was uncovered he had eliminated the consequences
of the offence or had compensated the damage inflicted by the criminal offence.
Concurrence of Criminal Offences
Article 48
(1) Where a perpetrator by one or more acts committed several criminal offences
for which he is tried at the same time, the court shall first pronounce the punishment for
each of the respective criminal offences, and then impose a cumulative punishment for
all the offences.
(2) A cumulative punishment shall be imposed by the court subject to the
following rules:
1) where for one of the concurrent criminal offences the court pronounced
a forty year prison term, the court shall impose that punishment only;
2) where for concurrent criminal offences the court pronounced prison
terms, the court shall increase the most severe punishment fixed, provided that
the cumulative punishment is shorter than the sum of individual punishments
fixed and that it does not exceed twenty year prison term;
3) where all of the respective concurrent criminal offences carry a prison
term of up to three years, the cumulative punishment may not exceed ten year
prison term;
4) where for concurrent criminal offences the court pronounced only
fines, the court shall impose a cumulative fine which amounts to the sum of
individual fines provided that it does not exceed twenty thousand euros, or a
hundred thousand euros where one or more criminal offences were committed
out of greed; and where the court pronounced only daily fines, they may not
exceed the amount of three hundred and sixty thousand euros;
5) where for concurrent criminal offences the court pronounced
community work as the only punishment, the court shall impose a cumulative
punishment of community work which amounts to the sum of hours of work to
be served, provided that the punishment does not exceed three hundred and
sixty hours and that the period within which the community work must be done
does not exceed six months;
6) where for some concurrent criminal offences the court pronounced
prison terms and fines for other concurrent criminal offences, the court shall
impose a cumulative prison term and a single fine, under the provisions of
subparagraphs 2 through 4 of this paragraph.
(3) The court shall impose a fine as an accessory punishment provided that it was
pronounced as punishment for at least one of the concurrent criminal offences, and
where the court pronounced more than one fine, it shall impose a cumulative fine under
the provision of para. 2, subpara. 4 hereof.