Imposition of accessory penalties in concurrence of offenses: order of application relative to initial versus resulting principal sentences

The High Court of Cassation and Justice admitted the appeal in the interest of the law filed by the General Prosecutor, establishing a mandatory binding interpretation for the unitary application of criminal law. The dispute concerned the methodological order for imposing accessory penalties in cases involving the concurrence of offenses, specifically challenging whether such penalties should be calculated relative to the initial principal sentences or the final resulting sentence. Relying on Article 45(5) of the Penal Code and the procedural authority of Article 474(4) of the Code of Criminal Procedure, the Court ordered that accessory penalties must first be established in conjunction with the initial principal penalties and subsequently applied alongside the final resulting principal penalty, thereby clarifying the procedural sequence for sentencing in concurrent offense scenarios.