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  • Interpretation
  • No.98
  • Date
  • 1962/10/17
  • Issue
    • Is the provision of the Criminal Code governing "Combined Punishment for Multiple Offenses" applicable to a defendant who committed another offense after he was convicted of those prior offenses?
  • Holding
    •        The regulations governing "Combined Punishment for Multiple Offenses" are not applicable to a defendant who committed another offense after he was convicted of those prior offenses. For those defendants who were sentenced to imprisonment for an offense committed while on probation, such term of imprisonment and any period of reimprisonment that the defendants were required to serve upon the revocation of their probation shall be executed concurrently.
  • Reasoning
    •        According to Article 50 of the Criminal Code, combined punishments are imposed on a defendant who is convicted of multiple offenses. The regulations governing "Combined Punishment for Multiple Offenses" are not applicable to a defendant who committed another offense after he was convicted of those prior offenses. The subsequent sentence and the former sentence shall be executed concurrently. For those defendants who had intentionally committed an offense while on probation and were sentenced to a definite term of imprisonment, such term of imprisonment and any period of reimprisonment that the defendants were required to serve upon the revocation of their probation shall be executed concurrently. The judge does not need to decide the term of imprisonment pursuant to Article 53 of the Criminal Code and Article 481 of the Code of Criminal Procedure.
      
    • *Translated by Li-Chih Lin, Esq., J.D.
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