Separate (non-cumulative) course of periods of each punishment measure
Criminal measures referred to in Article 39(2) to (3) k.k., i.e.:
- a ban on the taking up of a circumstantial position, the pursuit of a peculiar profession or the pursuit of a peculiar business;
- a ban on activities related to the education, treatment, education or care of minors;
- the prohibition of taking up a position or exercising a profession or working in public authorities and institutions and local authorities, as well as in commercial law companies in which the Treasury or local government entity holds, straight or indirectly, at least 10% of the shares or shares by another entities;
- the prohibition of residence in circumstantial environments or places, of contact with certain persons, of approaching certain persons or of leaving a peculiar place of residence without the approval of the court;
- the ban on mass events;
- the prohibition of entry to gaming centres and participation in gambling;
- an order to leave the premises occupied jointly with the victim;
- the prohibition of driving;
that have not been merged, are not enforced cumulatively, but according to the principles laid down in Article 43(2) of the Code (disposal of public rights, prohibitions and orders shall apply from the validity of the judgment), meaning that the periods for which they have been decided shall run separately for each criminal measurement from the date of the judgement in question, Unless the convicted individual carries out a conviction of imprisonment, specified as a conviction for another offence, or, in the event of a ban on driving, the convicted individual did not execute the work imposed by the court to return the paper authorising driving; the period for which the criminal measurement has been ordered does not run (Articles 43 § 2a and § 3 k.k.) (yes: order of the ultimate Court of 20 December 2007, ref. of act I of KZP 34/07, OSNKW 2008, with 1, item 2, with the following glosses: T. Krawczyk, OSP 2009, No. 5, pp. 375 – 380, and J. A. Kulesz, WPP 2009, No. 4, a. 151 – 159; SN 7 March 2012, III KK 306/11; see besides D. Kala, M. Klubińska, Kara, combined and full sentence, Kraków 2017, pp. 122 – 123).
Although the above view has been referred to non-merciful criminal measures, i.e. those which are not genericly or in scope, it must surely besides be referred to situations of convictions for which criminal measures of the same kind have been imposed, which are subject to merger, only that they have not yet been combined in a combined conviction into 1 cumulative punishment measurement (yes: ultimate Court resolution of 26 May 2020). Act I No 13/19).
It should be powerfully stressed that the standard provided for in Article 43 §2 k.k. excludes the anticipation of the interruption of the period of validity of the prohibition for reasons another than those laid down in that provision, e.g. due to the prohibition of the same kind of case in another case (Yes: ultimate Court judgement of 11 September 2008, act No. IV KK 282/08, OSNKW 2008, dated 12, item 97).
Concurrent judgement of criminal measures against driving
No provision of criminal laws (k.k.k.k.k.k.k.k.k.k.w.) provides that the course of periods for which 2 or more criminal measures have been imposed against the driving of motor vehicles, which, in accordance with Article 90(2) of the Law, are to be suspended until a cumulative conviction has been issued or, alternatively, to be implemented cumulatively, 1 after the other, and only after the decision of the combined criminal measurement has been given, their effective implementation period could be reduced (if the rule of absorption or asperation is applied) (yes: the ultimate Court resolution of 26 May 2020. Ref. I KZP 13/19).
Although Article 80 of the Implementing Code states that if the same individual has been sentenced to respective sentences resulting in imprisonment, they shall be executed in the order in which they have been brought to the enforcement of the conviction (§ 1); the prison justice may order enforcement of penalties and measures in a different order than the above mentioned (referred to in paragraph 1), if the prison reasons are in favour of this (§ 2); it is considered that Article 80 of the Code does not modify the implementation of respective criminal measures which have not been combined in accordance with the rules of Article 90(2) of the Code, due to the fact that it only regulates the execution of respective penalties resulting in imprisonment, as well as of order penalties and coercion measures and safeguards which consequence in specified an effect. It does not mention to the enforcement of criminal measures. The word ‘measures’ utilized in Article 80(2) above does not cover criminal measures (so the ultimate Court’s order of mention I KZP 34/07).
Order for listing in the full conviction of periods counted against the full penalty
Article 577 kpk states that the cumulative conviction should, where necessary, mention the periods counted against the aggregate penalty. This standard should be applied accordingly, in order to avoid double enforcement of a criminal measure, i.e. first an individual measurement and then a cumulative measure, erstwhile the cumulative judgement contains a judgement on the full criminal measure (yes: D. Świecki [in:] D. Świecki, ed., Code of Criminal Procedure. Commentary, Lex/el. 2019, thesis 1 and 3 to Article 577 k.p.k., ; J. Matras [in:] K. Dudka, ed., Code of Criminal Procedure. Comment Lex/el. 2019, thesis 1 to Art. 577 k.p.k.; D. Kala, M. Kubińska, op cit., p. 139).
The periods referred to in Article 577 kpk are besides periods of retention of a driving licence or another applicable paper – Article 63 § 3 and 4 k. (yes: S. Świecki, op. cit., thesis 2 and 5 to Article 577 k.).
Of course, the determination of the periods during which criminal measures against the driving of motor vehicles were carried out must take account of the content of Articles 43(2), 2a and 3k, which specify the duration of the criminal measures.
On the subject of a combined punishment – its amount and rules of judgement – read here
