What is a combination of crimes? This question is of interest to many citizens who have at least once heard such a name from the mass media. By the totality of crimes is meant the commission by a person of several atrocities at once, for which he has not yet been convicted. But how is the term assigned to the perpetrator in this case, what sanctions are applied to him? Read more about all this in the article.
The main nuances
The assignment of punishment for the totality of crimes is carried out in a certain sequence. It should be so by law. First, the court imposes punishment for each act individually. All applicable criminal law rules apply. After that, this authority appoints a general punishment for all committed atrocities.
Important
If all the acts that were committed in the aggregate relate to atrocities of the least or moderate gravity, or are considered an attempt or preparation for a very serious atrocity, then the term here will be appointed on the principle of absorption of punishments. This is the law. It should also be noted that the term for the most serious atrocity, which was committed in conjunction with others, cannot more than half exceed the size of the highest punishment provided for by the Criminal Code for the deed.
Nuances
Art. 69 h. 3 of the Criminal Code of the Russian Federation indicates that if one of the committed acts is grave or very grave, then ultimately the general punishment is imposed according to the rule of full or partial addition. It should also be noted that the sanctions in the form of imprisonment are determined by the court on the basis of the law. It is also necessary to note here that the term for committing acts in the aggregate cannot be more than half of the maximum punishment recorded in the Criminal Code.
Current regulations
Based on the norms of Art. 69 h. 3 of the Criminal Code of the Russian Federation, the authority determines the final term for the guilty person, adding partially or completely punishment for all the crimes committed. In addition, the court is often guided by another rule specified in this article. This absorption of the least punishment is more severe.
Additional sanctions
They can be applied by the court and attached to the main punishment. But only in this case, the maximum period of additional sanctions should not be longer than that provided by law for what was done.
If guilty of another crime
The above rules on the addition of sentences are also applied if a person committed another act before the sentencing in the case under consideration. This is stated in Art. 69. Part 5 of the Criminal Code of the Russian Federation. A court verdict here should be punished for the guilty, taking into account the previously adopted decision. After all, the convicted person is already serving a term in accordance with the issued procedural act of the authority.
On practice
Norm Art. 69.ch 3 of the Criminal Code of the Russian Federation is applied by the courts quite often. This is primarily due to the fact that currently the crime rate has increased. People committing some very serious atrocities, the punishment for each of which reaches twenty years in isolation from society, receive the maximum term for their deeds in total no more than 25 years. Because such a rule is prescribed by law.
In addition, courts often use the principle of absorbing the least punishment as stricter in sentencing. They also add additional sanctions to the main ones, if this does not contradict the norms of the law.
It is also necessary to note here that in practical activities the judicial authority applies the rule of addition of punishments enshrined in Art. 69 h. 3 of the Criminal Code. This happens only after a term has been assigned to the guilty person for each committed atrocity separately.
A comment
If an attacker has committed several criminal acts, then he will be responsible for this to the fullest extent of the law. The court determines the total term of imprisonment only on the basis of the deed. In the event that one of the committed acts is grave or especially grave, the authority is entitled to impose a penalty by applying the rules of full or partial addition. This is indicated by the norm of Art. 69 h. 3 of the Criminal Code. It is impossible to disagree with the comments here. In the presence of a set of committed acts, the judicial authority may also apply secondary sanctions to the perpetrator. In this case, additional punishment is prescribed taking into account the norms of the Criminal Code.
Without isolation
When imposing a sentence on the totality of crimes, the judicial authority may come to the conclusion that the guilty person may well be corrected in freedom. In this case, the attacker will receive a suspended sentence. This circumstance does not need to be indicated when imposing a sanction for each act committed by the latter. The fact of conditional conviction is sufficient to reflect in the verdict and in the final decision.
Conclusion
If one of the acts committed in the aggregate is considered grave, then the principle of absorption of punishment is not applied. Here the principle of addition (it can be full or partial), specified in Art. 69 h. 3 of the Criminal Code. The punishment here, taking into account all the norms of the law, cannot be more than 25 years. For example, for committing a murder and kidnapping a person, the guilty person was sentenced to 15 years in isolation from society. In this case, it is clear that the court set the last term, only partially adding two sentences to a single whole. So it should be according to the Criminal Code.
If the aggregate of committed acts includes at least one, sanctions for which reach life isolation from society or the death penalty, then the court has the opportunity to apply the rule of absorption of sentences. Thus, all principles of criminal law will be respected.