Section 79. Imposition of penalties exceeding the maximum penalty (multiple offences, repeated offences, organised crime)

If one or more of the situations in a) to c) exist, the sentence of imprisonment may be increased up to double length, but under no circumstances by more than six years and never beyond 21 years, and for persons who were under 18 years of age at the time of the act, not beyond 15 years:
  1. a.
    when an offender has by one or more acts committed multiple offences, and a single sentence is to be imposed. The increase in the sentence of imprisonment shall be calculated on the basis of the maximum penalty prescribed in the most severe penal provision. The sentence pursuant to the present lettered provision may never exceed the sum of the maximum penalties. Increase of the maximum penalty pursuant to the present lettered provision is only relevant in relation to statutory provisions which provide that the increased maximum penalty shall be given legal effect.
  2. b.
    when a previously convicted person has again committed a criminal act of the same nature as one for which he/she has previously been convicted within the realm or abroad, unless the penal provision itself determines otherwise. Increase of the maximum penalty pursuant to the present lettered provision is only relevant in relation to statutory provisions which provide that the increased maximum penalty shall be given legal effect.
    The first part of the present lettered provision only applies when the convicted person was at least 18 years of age at the time of the previous criminal act, and has committed the new act after the penalty for the previous act has wholly or partially been executed. If the new criminal act carries a penalty limit of more than one year, the first part of the present lettered provision does not apply if the new act was committed more than six years after execution of the previous penalty was complete, unless otherwise provided. If the new criminal act carries a penalty limit of one year or less, no more than two years may have passed since the execution was complete.
  3. c.
    when a criminal act was perpetrated as part of the activities of an organised criminal group.
    «Organised criminal group» means a collaboration between three or more persons for the primary purpose of committing an act that is punishable by a sentence of imprisonment for a term of at least three years, or which is based on activities consisting to a not insignificant degree of the commission of such acts.
    Increase of the maximum penalty pursuant to the present lettered provision is applicable in relation to statutory provisions which confer legal effect on the penalty limit, unless otherwise provided.