A Gloss for the Judgement of the Supreme Court of 22 June 2017, File Ref. No. Iv Kk 189/17
A Gloss for the Judgement of the Supreme Court of 22 June 2017, File Ref. No. Iv Kk 189/17
Author(s): Sławomir JoachimiakSubject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Towarzystwo Naukowe KUL & Katolicki Uniwersytet Lubelski Jana Pawła II
Keywords: expungement; conditional suspension of penalty; imprisonment; concurrent sentence; cumulative penalty
Summary/Abstract: In this gloss, the author offers a mostly favourable commentary on the content of the judgement of the Supreme Court of 22 June 2017, file ref. no. IV KK 189/17, which provides a backdrop for a discussion of the recent legislative changes made to Article 76 of the Criminal Code that formed the basis for the said judicial decision. The relationship between this provision and Article 108 of the Code is discussed in the context of the amendments, the doctrine and case law. The article also addresses the possibility of including a conditionally suspended custodial sentence in a concurrent sentence after the probation period is over and the expiry of the period referred to in Article 75 § 4 of the Criminal Code.
Journal: Roczniki Nauk Prawnych
- Issue Year: 28/2018
- Issue No: 1EV
- Page Range: 167-176
- Page Count: 10
- Language: English
