The Merger of Sentences and the Accumulation of Convictions: A Practical Analysis

The merger of sentences, also known as the accumulation of convictions, is a key legal procedure to ensure proportionality and fairness when enforcing multiple penalties imposed on a convicted person. In this article, we analyze in detail its regulation, practical application, and the most relevant aspects under the Criminal Code (CP) and the Criminal Procedure Act (LECrim).

What does Article 76 of the Criminal Code say about the accumulation of convictions?

Article 76 of the Criminal Code (CP) establishes that when a person has committed several crimes, the imposed penalties cannot exceed three times the most serious penalty. However, the maximum time to be served may not exceed 20 years.

Example:

If a person has committed 22 sexual assaults, it is essential to reduce the most serious penalty as much as possible so that, by applying the rule of three, the time served is as favorable as possible.

Exceptions to the maximum limits

In cases of very serious crimes with individual sentences of 20 years or more, the maximum time limits may be extended, always respecting the principles of proportionality and fairness.

Practical Case of Sentence Merger

Imagine the following scenario:

• Luis has been convicted of committing 8 sexual assaults.
• The imposed penalties are:
  • Assault 1: 4 years in prison (the highest penalty).
  • Assault 2: 4 years in prison.
  • Assault 3: 3 years in prison.
  • Assault 4: 2 years in prison.
  • Assault 5: 4 years in prison.
  • Assault 6: 3 years in prison.
  • Assault 7: 3 years in prison.
  • Assault 8: 2 years in prison.

Step 1: Identify the most serious penalty

In this case, the most serious penalty is 4 years in prison (Assaults 1, 2, and 5).

Step 2: Apply the rule of triple the most serious penalty

According to Article 76, the total time served may not exceed three times the most serious penalty:

• 4 years x 3 = 12 years in prison.
  

Step 3: Compare with the general maximum limit

Article 76 also states that the maximum time served cannot exceed 20 years, except in very serious cases. In this case:

• Triple the most serious penalty (12 years) does not exceed the general limit of 20 years.
  

Therefore, Luis would serve a maximum of 12 years in prison, instead of the total sum of all sentences, which would amount to 25 years (4 + 4 + 3 + 2 + 4 + 3 + 3 + 2).

Article 988 of the Criminal Procedure Act (LECrim)

Article 988 of the LECrim regulates the procedure for setting the maximum serving limit of multiple convictions. This process must be handled by the last sentencing judge, who:

1. Requests copies of all judgments issued.
2. Collects all relevant data from the case.
3. Hears the convicted person, the prosecutor, and the parties involved.
4. Issues an order for accumulation of convictions, setting the maximum serving limit.
   

What appeals are available against the accumulation order?

• An appeal for cassation can be filed against the judge’s order of accumulation.
• No appeal for reconsideration is allowed.
• If the order comes from the Criminal Court, an appeal for review may be filed before cassation. Although not mandatory, it is permitted.
  

Which sentences are eligible for accumulation?

A common question is which sentences can be accumulated. According to Article 988.2 of the LECrim:

• Only crimes committed before the first judgment are eligible.
• Crimes committed after the first judgment cannot be accumulated and are considered separately.
  

Are suspended sentences included?

The Supreme Court’s position on suspended sentences establishes:

• If the suspended sentence increases the total time to be served, it is not included.
• If it does not increase the total calculation, it is included.
  

Conclusion: The importance of having a specialized lawyer

The merger of sentences and the accumulation of convictions are complex procedures that require a detailed analysis of judgments, serving times, and applicable laws. Having a specialized criminal lawyer is essential to ensure your rights are respected and to achieve the best possible outcome.

At our law firm, we have extensive experience in criminal law and in handling sentence accumulation procedures. If you need legal advice, contact us for a personalized consultation.

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