Czy kary ograniczenia wolności oraz pozbawienia wolności orzeczona z warunkowym zawieszeniem jej wykonania podlegają łączeniu?
Does penalties of limitation of liberty and deprivation of liberty which have been imposed with a conditional suspension of their enforcement are eligible for aggregation?

Summary/Abstract: Criminal Code amendment of February 20th, 2015 substantially modified the legal institution of imposition of the aggregate penalty. The author is investigating a controversial issue whether on the grounds of this modification penalties of limitation of liberty are eligible for aggregation with penalties of deprivation of liberty which have been imposed with a conditional suspension of their enforcement. The results of conducted analysis lead to the conclusion that answer to this question is negative. De lege lata in case of imposing for concurring crimes penalties of limitation of liberty and deprivation of liberty with conditional suspension of its enforcement there are no ground for imposing a aggregated penalty because in case of penalty of deprivation of liberty with conditional suspension of its enforcement the general premise for aggregation stated in Article 85 § 2 of Polish Criminal Code is not fulfilled.

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