Concursul de infracțiuni. Calculul sporului
Concurrence of offences. The calculation of the addition

Summary/Abstract: In the appeal declared by the Prosecutor's Office and the defendant, the appeal court proceeded to verify the punishment imposed on the defendant, occasionally finding that the applied 1 year and 4 months imprisonment applied was wrongly calculated, according to the provisions of art. 39 par. (1) lett. b) of the new Criminal Code; according to them, the court, after applying the most severe punishment, must add one third of all the other penalties set in question. In the present case, in addition to the 2 year imprisonment, one third of all other sentences, namely one third of 42 months, i.e. 1 year and 2 months imprisonment, instead of 1 year and 4 months (as calculated by the court of first instance), the defendant executing a 3 years and 2 months imprisonment sentence, not 3 years and 4 months imprisonment.

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