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THE INSTITUTIONS OF THE ACTUAL CONCURRENCE OF OFFENCES IN THE AMENDED CRIMINAL CODE

Summary/Abstract: This article is dedicated to the amended regulations of Chapter IX of the Criminal Code concerning the concurrence of offences and aggregation of penalties and penal measures. The problem of the new definition of actual concurrence is presented and discussed while contrasting it with the concept of apparent concurrence in this respect. Within the framework of changes to the aggregation of penalties, wider attention is given to the new model of aggregation of penalties which takes into consideration the previously imposed cases of aggregation of penalties, exceptions to it, and also directives on sentencing. It was noted „course of offences” changes based on introducing the premise of „in a similar manner” in place of „similar manner of committing” an offence that constitute the course and also the stipulations added to art. 91 § 1 of the Criminal Code that „the court shall impose one penalty on the basis of the provision whose attributes each of these offences”.

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