Page:Criminal Code of Russian Soviet Federative Socialist Republic, 1961.pdf/21

 '''Article 41. Assigning punishment in several sentences.'''

If, after pronouncement of sentence but prior to the full serving of the sentence, the convicted person has committed a new crime, the court aids to the new sentence, fully or in part, the unserved part of the sentence under the previous judgment.

When sentences are compounded in accordance with the procedure prescribed in the present article, the overall period of the sentence shall not exceed the maximum period fixed by the present Code for the kind of sentence in question. When compounding sentences in the form of a deprivation of freedom, the overall period of the sentence shall not exceed ten years, except that for crimes for which the present Code permits assigning deprivation of freedom for a period of more then ten years, it shall not exceed 15 years.

When compounding sentences in the form of a deprivation of freedom and service in a disciplinary battalion one day of service is taken as equal to one day of deprivation of freedom.

When compounding sentences in the form of a deprivation of freedom and and in the form of exile, banishment, or corrective labor, three days of exile, banishment, or corrective labor are taken as equal to one day of deprivation of freedom.

Sentences involving deprivation of freedom plus a fine, or corrective labor plus a fine, are put into execution independently.

'''Article 42. Concerning the procedure for determining the length of sentences.'''

Periods of deprivation of freedom, service in a disciplinary battalion, exile, banishment, corrective labor, or deprivation of the right to occupy certain positions or to engage in a particular activity, are computed in months and years. Periods of detention in a guardhouse are computed in days and months.

Computation of the above-mentioned sentences in days is permissible when replacing or compounding sentences.

'''Article 43. Assigning a loss severe penalty than that prescribed by law.'''

If the court, having taken into consideration exceptional circumstances in the case and the character of the convicted person, deems it necessary to assign to him a penalty below the minimum level