Warunkowe zawieszenie wykonania kary łącznej

Abstract

The article concerns the issue of conditional suspension of the execution of aggregate Penalty, which the legislator refers to in paragraphs 1-3 art. 89 of the penal code. Trial to set an index of the rules and at the same time the decision on the emerging doubts as its effect was taken up. The doubts are connected first of all with the extent of the usage of the institution of conditional conviction in a situation of real concurrence of offences. It was acknowledged that this regulation is not limited only to the situation of adjudicating aggregate penalty within the culprit sentence, and accordingly the purpose of applying the conditional suspension of the execution of pronouncing individual punishments and also in case of administering punishments for all coinciding offences in one sentence. The interpretation of the discussed rules was agreed on. According to it, from the legislation the order of joint punishments both homogeneous as well as the penalty of deprivation of liberty, from which and limitation of liberty, at least one was adjudicated with conditional suspension of its execution. So, if the measures of pena! reaction on offence adjudicated as coinciding offences that are in the procedure system fulfill the conditions, the combination of them is the responsibility of the court. Its free acknowledgment allows for the impose aggregate penalty with the conditional suspension (if the conditions resulting from art. 69 of the penal code are fulfilled) or without the conditional suspension of its execution.