| Abstract [eng] |
This paper explores the problem of imposition of a Penalty for the Commission of Several Criminal Acts under article 63 of Criminal Code. The analysis of the case law has shown that courts often incorrectly adapt the article, which, in consequence, violates the principle of the fair punishment. The BK imperative provided for in Article 63 (5) does not allow to assess the dangerousness of the act, and person, the court does not have the discretion to choose the right method of imposition of a combined sentence in a specific case and therefore cannot properly identify the sentence and impose the right punishment. For this reason was submitted a proposal was made to change this provision of the law. Also, there were analyzed the new BK amendment and how it will affect court practice. This amendment will help to ensure the implementation of the objectives of the punishment, the adoption of a just punishment and will not allow a person to feel unpunished. However, the new BK amendment cannot be accepted in the part where the courts are obliged to justify the amount of the attached sentence. This amendment will also violate the provisions of the BPK, will complicate the work of the courts, and reduce the speed and efficiency of the proceedings. |
