Kara łączna – kilka uwag na tle zmian normatywnych
Aggregate penalty – some considerations in the context of normative changes

Summary/Abstract: The subject of the article is the analysis of normative changes made over the last years in the regulation of the aggregate penalty. The author presents the main ideas of the 2015 and 2020 amendments, discussing their impact on the original model of aggregate penalty. The article discusses both changes in the area of theoretical assumptions and practical problems that have arisen on the grounds of the made amendments. The article aims to evaluate the legislator’s conduct and the rightness of the introduced changes. Ultimately, the 2015 amendment was evaluated critically. The regulation of the aggregate penalty, which was in force from 1 July 2015 to 24 June 2020, did not fulfil its goals, led to terminological chaos and caused many new problems in practice. The idea of a return to linking the aggregate penalty with a real, multi-offence concurrence, understood not as a simple multiplicity of offences, but the commitment of two or more offences not separated by at least a non-final sentence, was considered to be all right. However, the author is critical of the way the last amendment was carried out. The article points out irregularities in the legislative process, possible non-constitutionality of the introduced changes, as well as gaps in intertemporal provisions, lack of justification for certain changes and an urgent need for another amendment.

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