Kara łączna orzekana przez adwokackie sądy dyscyplinarne – kilka wybranych refleksji
Cumulative punishment adjudicated by bar disciplinary courts – some selected reflections

Summary/Abstract: An important issue to which more attention should be paid, as it raises many different doubts in practice, is the issue of the size of the cumulative penalty imposed by the disciplinary courts of attorneys. In light of the current Law on the Legal Profession of Lawyers1 in accordance with the wording of Article 842: 1. In the event of simultaneous punishment for several disciplinary offenses, the disciplinary court shall impose a penalty for individual offenses and then a cumulative penalty. 2. The fol- lowing rules shall apply in the adjudication of the cumulative penalty: 1) if the penalty of admonishment and reprimand is adjudged, a combined penalty of reprimand shall be imposed; 2) the penalties of admonishment and reprimand shall not be combined with a monetary penalty; 3) with monetary penalties, the combined monetary penalty shall not exceed the sum of these penalties and shall not be less than the highest of the monetary penalties adjudged; 4) the penalty of suspension from professional activityshall not be combined with the penalties of warning, reprimand and pecuniary pen- alty; 5) in the case of penalties of different types and the penalty of expulsion from the Bar imposed for several offenses, the combined penalty of expulsion from the Bar shall be imposed, and in the case of concurrent pecuniary penalties, the penalty shall be imposed according to the rules provided for in paragraph 3. 3. In the event that the defendant committed two or more disciplinary offenses before the first, even if invalid, ruling on any of them, a joint ruling shall be issued, provided that the pun- ishments imposed are cumulative according to the rules provided for in paragraph (2). The rules provided for the adjudication of the aggregate penalty shall be applied accordingly in the case of the issuance of a cumulative sentence. Therefore, the purpose of this publication is an in-depth analysis of selected aspects related to the adjudica- tion of the aggregate penalty regulated by the Law on the Bar. Thus, attention should be paid to, among others. on such issues as: the cumulative penalty against the back- ground of the evolution of the Polish legislation; the cumulative penalty in the current state of the law; the problem of adjudicating the cumulative penalty in the case of pun- ishment with two or more unitary penalties; the issue of issuing a cumulative ruling, the impact of the statute of limitations of criminality and the statute of limitations of execution of the penalty on the decision on the cumulative penalty; the problem of determining the periods of served sentences credited towards the cumulative penalty; the lack of a ruling on the cumulative penalty as a basis for revoking the judgment; the cumulative penalty in the currently effective Law on Legal Advisers of July 6, 1982.

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