Article 58. Establishing Punishment for a Cumulative Crime

1. In case of a cumulative crime, a court, after establishing punishment (principal and additional) for each crime separately, shall determine the final punishment by way of merging of a less strict punishment by stricter one, or by way of complete or partial addition of established punishments.

2. Where a combination of crimes comprises only crimes of lesser and medium gravity, then finally the punishment shall be appointed by way of a merger of the less strict punishment with a more strict one.

3. If a cumulative crime includes grave or especially grave crimes, than final punishment shall be established by way of absorption of a less strict punishment by a more strict one or by way of partial or complete addition of punishments. In this respect final punishment in the form of deprivation of freedom may not exceed twenty years.

4. If a cumulative crime includes even one especially grave crime, for the commission of which the present Code stipulates punishment in the form of deprivation of freedom for a period of twenty years, or capital punishment, or life-time deprivation of freedom, than final punishment shall be established by way of partial or complete addition of punishments. In this respect, final punishment in the form of deprivation of freedom may not exceed twenty five years.

5. To the principal punishment established for a cumulative crime, additional punishments may be added, which are established for crimes forming cumulation. Final additional punishment, in case of partial or complete addition, may not exceed the maximum term or amount established for a given type of punishment by the General Part of the present Code.

6. Under the same rules, punishment shall be established, if after the passing of a sentence in a given case by a court, it is established that a convict is also guilty of another crime which was committed by him prior to the passing of a sentence for the first case. In this case, punishment served under the first sentence of a court shall be taken into account within the final term of punishment.