(4) Where the court pronounced prison terms and juvenile prison terms for
concurrent criminal offences, the court shall impose a cumulative prison term under the
rules laid down in para. 2, subparagraph 2 hereof.
Continuing Criminal Offence
Article 49
(1) A continuing criminal offence is composed of several criminal offences that
are identical or of the same kind, were committed by the same perpetrator, and
represent a whole because at least two of the following circumstances apply: the victim is
the same, the object of offence is the same, the same situation or the same permanent
relationship is used, the place or area of commission is the same, or the perpetrator’s
wrongful intent is the same.
(2) Criminal offences against person may constitute a continuing criminal offence
only when committed against the same person.
(3) Offences that due to their nature may not be joined into a single offence may
not constitute a continuing criminal offence.
(4) Where a continuing criminal offence comprises minor and more serious
forms of the same offence, the most serious form of the offences committed shall be
considered to constitute a continuing criminal offence.
(5) A continuing criminal offence may be punished by a more severe punishment
than the punishment provided for by law provided that the continuing criminal offence
consists of at least three criminal offences that meet the requirements referred to in para.
1 hereof.
(6) A more severe punishment may not exceed twice the punishment laid down
by law or exceed a twenty year prison term.
(7) The criminal offence that is not included in the continuing criminal offence as
set in the final judgment constitutes a separate criminal offence and makes part of a
separate continuing criminal offence.
Fixing Punishment for Convicted Person
Article 50
(1) Where a convicted person is tried for a criminal offence committed before he
started service of punishment as a result of a prior conviction, or is tried for a criminal
offence committed during his service of a prison term or a juvenile prison term, the court
shall impose a cumulative punishment for all the criminal offences pursuant to the
provisions of Art.48 hereof and shall in so doing accept the previously imposed
punishment as already pronounced. The punishment or part of punishment that the
convicted person has served will be included in the prison term pronounced.
(2) Where a convicted person is tried for a criminal offence committed during his
service of a prison term or a juvenile prison term, the court shall impose a punishment