Bausmių bendrinimas su ankstesniu nuosprendžiu paskirtomis ir subendrintomis bausmėmis pagal Lietuvos Respublikos baudžiamojo kodekso 63 straipsnio 9 dalį

Abstract

This article examines rules set in court practice when imposing a final combined sentence according to Article 63(9) of the Criminal Code of Lithuania, when sentences are combined with those combined by an earlier judgment. While performing a research for the article, it was noticed that the case-law is contradictory when penalties are being combined in the situation provided for in Article 63(9) of the Criminal Code. The Supreme Court of Lithuania has adopted two judgments that contradict each other. Therefore, the main purpose of this research is to provide rules of sentencing for multiple offenses when imposing a final combined sentence according to Article 63(9) of the Criminal Code, where sentences are combined with sentences combined by an earlier judgment without violating the right to a fair trial and the principle of equality before the law. The latest ruling of the Division of Criminal Cases of the Supreme Court, adopted in 2007 established a precedent obliging courts imposing a final combined sentence according to article 63(9) of the Criminal Code to combine sentences of separate criminal acts with sentences combined by an earlier judgment.