Swiss Criminal Code


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Art. 49

3. Con­cur­rent sen­ten­cing

 

1 If the of­fend­er, by com­mit­ting one or more of­fences, has ful­filled the re­quire­ments for two or more pen­al­ties of the same form, the court shall im­pose the sen­tence for the most ser­i­ous of­fence at an ap­pro­pri­ately in­creased level. It may not, however, in­crease the max­im­um level of the sen­tence by more than half, and it is bound by the stat­utory max­im­um for that form of pen­alty.

2 If the court must pass sen­tence on an of­fence that the of­fend­er com­mit­ted be­fore he was sen­tenced for a dif­fer­ent of­fence, it shall de­term­ine the sup­ple­ment­ary pen­alty so that the of­fend­er is not more severely pun­ished than he would have been had the sen­tences been im­posed at the same time.

3 If the of­fend­er com­mit­ted one or more of­fences be­fore reach­ing the age of 18, the court shall de­term­ine the cu­mu­lat­ive sen­tence in ac­cord­ance with para­graphs 1 and 2 such that it is not more severe than it would have been had sen­tences been im­posed sep­ar­ately.

 

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