What is the penalty for Dhara 107

Section 28 Conflict of criminal acts

(1) If someone has committed several criminal acts of the same or different types through one act or several independent acts and is recognized about these criminal acts at the same time, then, if the coinciding laws only provide for custodial sentences or only fines, a single custodial sentence or fine to recognize. This penalty is to be determined according to the law that threatens the highest penalty. Apart from the extraordinary mitigation of punishment, no less punishment than the highest of the minimum sentences provided for in the coinciding laws may be imposed.

(2) If one of the coinciding laws is imprisonment, another is a fine, or if only one of them threatens imprisonment and fines side by side, then, if both penalties are compulsory, a custodial sentence and a fine are to be recognized. If one of them is not threatened, it can be imposed. The same applies to other types of punishment that are threatened with imprisonment or a fine. Paragraph 1 applies to the determination of the imprisonment sentence and the fine.

(3) If a custodial sentence and a fine were to be recognized in accordance with Paragraph 2, if a fine is to be imposed instead of the imprisonment sentence (Section 37), in accordance with Paragraph 1 only a fine could be recognized.

(4) Preventive measures are to be ordered if the prerequisites for this are given due to one or more of the actions threatened with punishment that are being judged at the same time.