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  1. 2 Studia Iuridica

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  1. 1 2017

  2. 1 2016

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  1. 1 Górski A.

  2. 1 Żółtek S.

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Instytucje realnego zbiegu przestępstw w znowelizowanym kodeksie karnym

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Żółtek S.
Studia Iuridica
|
2016
|
vol. 65
159-174
EN
This article is dedicated to the amended regulations of Chapter IX of the Penal 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 Penal Code that „the court shall impose one penalty on the basis of the provision whose attributes each of these offences”
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Instytucja ciągu przestępstw po 1 lipca 2015 r.

84%
Górski A.
Studia Iuridica
|
2017
|
vol. 69
131-148
PL
The institution of series of crimes regulates the situation of coincidence of crimes which are connected in a specific way. This connections are ground for different penalty – one penalty for all crimes. The amendment of criminal law, conducted in 2015, made changes also in the chapter IX of the polish criminal code and modified provision 91. The legislator decided to replace some premises. The premise of a similar way of committing a crime was replaced by the premise of using the same opportunity. The amendment also modified a demand of an identical criminal qualification for all crimes covered by the institution of series of crimes. Since then, the demand of an identity has been applied to a provision which is the basis of penalty size. The aim of this paper is to discuss the changes conducted in 2015 and evaluate the whole institution of series of crimes.
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