Gloss to the Appeals Judge sentence of February 28th 2013, ref. file no. II AKA 13/12

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Glosa do wyroku Sądu Apelacyjnego w Szczecinie z dnia 28 lutego 2013 r., sygn. II AKA 12/13
Gloss to the Appeals Judge sentence of February 28th 2013, ref. file no. II AKA 13/12

Author(s): Konrad Burdziak
Subject(s): Law, Constitution, Jurisprudence
Published by: Wydawnictwo Naukowe Uniwersytetu Szczecińskiego
Keywords: collective penalty; cumulative sentence

Summary/Abstract: In the sentence of February 28th 2013 in the case II AKa 12/13 the Appeals Judge decided that if crimes creating a concurrence of crimes in a single sentence or former cumulative sentence, disbanded into different other concurrences, then all the previous cumulative punishment adjudgements lose their power, and not only the combined settlements that were formulated in the new sentence. The analysis of said settlement and regulations directly concerning the raised concern i.e in particular art. 89 k.k., 569 and art. 575 k.p.k. lead the author of the gloss to completely different conclusions. Thus the presented gloss concerning aforementioned sentence of the Appeals Judge should be considered critical.

  • Issue Year: 2014
  • Issue No: 07 (3)
  • Page Range: 169-181
  • Page Count: 14
  • Language: Polish