Clerical correction of duplicate individual penalties and calculation of total sentence for attempt of fraud

The Federal Court of Justice rejected the appeals of two defendants against a land court judgment, upholding the conviction and sentencing while correcting a clerical error to remove duplicated individual penalties for a specific offense; consequently, the court clarified that the defendants remain guilty of attempted fraud in thirteen additional cases, resulting in a total custodial sentence of three years and two months for one defendant and two years suspended on probation for the other. The dispute concerned a criminal revision where the appellate court reviewed the lower court's aggregation of sentences involving prior final convictions from February 2021, specifically addressing the erroneous re-imposition of penalties for already adjudicated conduct. The decisive legal basis involved the correction of manifest procedural errors in the judgment's operative part (Tenor) to prevent double sentencing (restitutio in integrum of the statutory ban against double jeopardy) and the proper calculation of total sentences by integrating prior final individual sentences into the current aggregation.