01.02.2022.
Decision of the Department of Criminal Cases, case No SKK-J-189/2022
Addition of the additional punishments – deprivation of the driver's licence – after several judgments
10.03.2022.
Decision of the Department of Criminal Cases, case No SKK-86/2022
The court has the right to convert suspended sentence into deprivation of liberty only in cases provided for in Paragraph two of Section 55 of the Criminal Law
03.03.2022.
Decision of the Department of Criminal Cases, case No SKK-72/2022
Application of the aggravating circumstance – the perpetrator of the criminal offence has knowingly given a false testimony – provided for in Paragraph 1(17) of Section 48 of the Criminal Law; Unauthorised transportation of narcotic and psychotropic substances; Finding of a new aggravating circumstance in the appellate instance court
2022.
Decision of the Department of Criminal Cases, case No SKK-[A]/2022
Aggravating circumstance – the criminal offence constitutes recidivism of criminal offences
02.09.2021.
Decision of the Department of Criminal Cases, case No SKK-528/2021
Aggravating circumstance provided for in Paragraph 1(9) of Section 48 of the Criminal Law – the criminal offence was committed by taking advantage of the circumstances of a public disaster or during an emergency situation or a state of exception
20.10.2021.
Decision of the Department of Criminal Cases, case No SKK-505/2021
Person who has committed the offence provided for in Paragraph two of Section 218 (Evasion of tax payments and payments equivalent thereto) of the Criminal Law; Unjustified finding of the aggravating circumstance provided for in Clause 11 of Paragraph one of Section 48 of the Criminal Law when imposing a punishment for evasion of tax payments and payments equivalent thereto
03.06.2021.
Decision of the Department of Criminal Cases, case No SKK-342/2021
Assessment of the amount of material loss for the application of a suspended sentence
30.04.2021.
Decision of the Department of Criminal Cases, case No SKK-J-263/2021
Right of the court to correct the punishment stipulated in the agreement protocol when applying Section 51 of the Criminal Law
24.03.2021.
Decision of the Department of Criminal Cases, case No SKK-215/2021
Recovery of procedural expenditures for the benefit of the state; Determination of the final punishment to the person extradited from a foreign country
29.07.2021.
Decision of the Department of Criminal Cases, case No SKK-186/2021
Determination of the final punishment if the unserved additional punishment – probationary supervision – has been replaced by deprivation of liberty in accordance with the procedure of Section 61 of the Criminal Procedure Law; Addition of the substituted punishments
29.07.2021.
Decision of the Department of Criminal Cases, case No SKK-186/2021
Determination of the final punishment if the unserved additional punishment – probationary supervision – has been replaced by deprivation of liberty in accordance with the procedure of Section 61 of the Criminal Procedure Law; Addition of the substituted punishments
31.08.2021.
Decision of the Department of Criminal Cases, case No SKK-169/2021
Information about disability as information which shall be taken into account when imposing a punishment
01.12.2021.
Decision of the Department of Criminal Cases, case No SKK-155/2021
Essence of the trial of a case in a written procedure in the appellate instance court; Separation of the information justifying the identity of the accused and the mitigating circumstances; Application of a suspended sentence
01.12.2021.
Decision of the Department of Criminal Cases, case No SKK-155/2021
Essence of the trial of a case in a written procedure in the appellate instance court; Separation of the information justifying the identity of the accused and the mitigating circumstances; Application of a suspended sentence
16.11.2021.
Decision of the Department of Criminal Cases, case No SKK-126/2021
Candid confession within a meaning of Section 47 of the Criminal Law; Sale of narcotic substances for a greedy purpose; Committing of a criminal offense provided for in Section 253.1 of the Criminal Law (unauthorised manufacture, acquisition, storage, transportation and forwarding of narcotic and psychotropic substances for the purpose of disposal and unauthorised disposal) under the influence of narcotic substances
16.11.2021.
Decision of the Department of Criminal Cases, case No SKK-126/2021
Candid confession within a meaning of Section 47 of the Criminal Law; Sale of narcotic substances for a greedy purpose; Committing of a criminal offense provided for in Section 253.1 of the Criminal Law (unauthorised manufacture, acquisition, storage, transportation and forwarding of narcotic and psychotropic substances for the purpose of disposal and unauthorised disposal) under the influence of narcotic substances
08.06.2021.
Decision of the Department of Criminal Cases, case No SKK-J-88/2021
Imposition of confiscation of property; Realisation of fair regulation in the case of a newly disclosed circumstance
24.11.2021.
Decision of the Department of Criminal Cases, case No SKK-41/2021
Taking of an ancillary court decision; Assessment of the conditions of application of suspended sentence
09.04.2021.
Decision of the Department of Criminal Cases, case No SKK-16/2021
The moment when the criminal offence provided for in Section 213 of the Criminal Law – driving into insolvency – shall be considered completed
30.04.2021.
Decision of the Department of Criminal Cases, case No SKK-7/2021
Types of manifestation of the objective side of the criminal offence provided for in Section 221.2 of the Criminal Law; Competence of a first instance court in the imposition of punishment
2021.
Decision of the Department of Criminal Cases, case No SKK-[C]/2021
Determination of punishment for several criminal offences when applying the provisions of Paragraph one of Section 49.1 of the Criminal Law
2021.
Decision of the Department of Criminal Cases, case No SKK-[I]/2021
Imposition of the punishment – deprivation of liberty – to a person with a serious health disorders
2021.
Decision of the Department of Criminal Cases, case No SKK-[A]/2021
Assessment of the attitude of the accused toward the amended accusation in the appellate instance court as circumstance affecting the punishment
30.04.2020.
Decision of the Department of Criminal Cases, case No SKK-354/2020
Assessment of the circumstances characterizing the personality of the offender in determining the punishment
17.02.2020.
Decision of the Department of Criminal Cases, case No SKK-216/2020
Punishment in case of several judgments and correction of the unserved part of the punishment in the agreement proceedings regarding the admission of the guilt and the punishment
29.09.2020.
Decision of the Department of Criminal Cases, case No SKK-97/2020
Admissibility and use as evidence of testimony given by the advocate who has provided legal assistance to the victim; Misappropriation committed in violation of the instructions of the authorising person in connection with the issued authorization; Assessment of the conditions of application of suspended sentence
08.04.2020.
Decision of the Department of Criminal Cases, case No SKK-91/2020
Imposition of the punishment – deprivation of liberty – to a disabled person who needs the services of an assistant
2020.
Decision of the Department of Criminal Cases, case No SKK-[C]/2020
Imposition of punishment for several criminal offences to the person extradited from a foreign country; Robbery committed using firearms
2020.
Decision of the Department of Criminal Cases, case No SKK-[D]/2020
Taking mitigating circumstances into consideration when determining the amount of punishment for a specific criminal offence
04.10.2019.
Decision of the Department of Criminal Cases, case No SKK-J-704/2019
Imposition of punishment according to Paragraph five of Section 50 of the Criminal Law if the criminal offences committed are criminal violations or less serious crimes
05.12.2019.
Decision of the Department of Criminal Cases, case No SKK-590/2019
Assessment of the nature of the criminal offence when deciding on the possibility to impose suspended sentence
31.10.2019.
Decision of the Department of Criminal Cases, case No SKK-384/2019
Assessment of substantiation of the pre-trial agreement on punishment in the court
11.12.2019.
Decision of the Department of Criminal Cases, case No SKK-364/2019
Imposition of punishment which is lover than minimum limit in case where violation of the right to a fair trial within the reasonable time is established
24.07.2019.
Decision of the Department of Criminal Cases, case No SKK-149/2019
Significance of the harmful consequences of criminal offence in qualification of criminal offence and imposition of punishment
21.03.2019.
Decision of the Department of Criminal Cases, case No SKK-140/2019
Sequence of decisions on punishment in case of several criminal offences and several judgments
2019.
Decision of the Department of Criminal Cases, case No SKK-[C]/2019
Compensatory mechanism for violation of the rights to the trial within reasonable time
2019.
Decision of the Department of Criminal Cases, case No SKK-[A]/2019
Assessment of the right to the trial within a reasonable time and compensatory mechanism in case of violation of this right
06.11.2018.
Decision of the Department of Criminal Cases, case No SKK-643/2018
Not admission of guilt and not using of the right to cooperation shall not be the grounds to impose more severe punishment
19.09.2018.
Decision of the Department of Criminal Cases, case No SKK-477/2018
Determination of the fact of influence of alcohol in criminal proceedings
11.10.2018.
Decision of the Department of Criminal Cases, case No SKK-J-472/2018
Imposition of punishment for several criminal offences according to Paragraph five of Section 50 of the Criminal Law
19.09.2018.
Decision of the Department of Criminal Cases, case No SKK-426/2018
Circumstances significant to a fair adjudication of a case and the assessment of them in a court ruling
11.09.2018.
Decision of the Department of Criminal Cases, case No SKK-255/2018
Guaranteeing of human rights in imposition of punishment of deprivation of liberty to the person with disabilities
24.05.2018.
Decision of the Department of Criminal Cases, case No SKK-150/2018
Determination of new circumstances affecting liability in the court of appeal and the possibility of taking them into consideration in imposing a punishment; Exclusion of aggravating circumstances in the court of appeal shall be grounds to reduce the punishment
27.09.2017.
Decision of the Department of Criminal Cases, case No SKK-449/2017
Serving of a punishment of deprivation of liberty in another criminal case shall not be a criterion to choose more severe type of punishment
31.05.2017.
Decision of the Department of Criminal Cases, case No SKK-357/2017
Financial situation of the guilty person shall not be a criterion to choose more severe type of punishment
21.12.2016.
Decision of the Department of Criminal Cases, case No. SKK-527/2016
Determination of additional punishment according to the aggregation of criminal offences for several criminal offences
17.03.2016.
Decision of the Department of Criminal Cases, case No SKK-154/2016
Establishment of new mitigating circumstance in the appellate instance court is a ground to review the imposed punishment
15.01.2016.
Decision of the Department of Criminal Cases, case No. SKK-78/2016
Mitigating circumstance – the guilty person facilitated discovery of a crime committed by another person
11.02.2016.
Decision of the Department of Criminal Cases, case No SKK-45/2016
Commitment of the new crime during the probationary period of suspended conviction
09.12.2015.
Decision of the Department of Criminal Cases, case No. SKK-J-720/2015
Independent execution of the basic punishment – community work, if the basic punishment – deprivation of liberty – does not exceed three years
14.04.2015.
Decision of the Department of Criminal Cases, case No. SKK-89/2015
Impossibility to determine punishment for several crimes, if the judgement of the first instance court is abolished in part regarding one of these crimes
09.01.2015.
Decision of the Department of Criminal Cases, case No SKK-J-13/2015
Maximum term of basic punishment – community service, when determining punishment for several offences
30.10.2014.
Decision of the Department of Criminal Cases, case No SKK-656/2014
Circumstances observed by a court, when deciding on opportunity of suspended conviction
15.12.2014.
Decision of the Department of Criminal Cases, case No SKK-604/2014
Unreasoned stating of aggravating circumstance – an offence forms real totality of offences
17.12.2014.
Decision of the Department of Criminal Cases, case No SKK-515/2014
Such circumstance, which is stipulated by the Criminal Law as feature of corpus delicti of an offence, is not recognised as aggravating circumstance
19.09.2014.
Decision of the Department of criminal Cases, case No SKK-417/2014
Assessing of harm caused, when determining punishment, in formal corpora delicti of crimes
09.09.2014.
Decision of the Department of criminal Cases, case No SKK-280/2014
Determination of final punishment in accordance with Paragraph One Section 50 of the Criminal Law, if a criminal offence was committed after announcement of a judgement in the first criminal case before it became effective
24.04.2014.
Decision of the Department of Criminal Cases, case No SKK-8/2014
Security measure – detention – in a new case suspends serving of previous sentence of deprivation of liberty
11.10.2013.
Decision of the Department of Criminal Cases of the Senate, case No SKK-370/2013
Determination of final punishment according to Section 50 of the Criminal Law
04.12.2012.
Decision of the Department of Criminal Cases of the Senate, case No SKK-491/2012
Determination of a part of appurtenant punishment, which was not served, when determining a complete punishment pursuant to the Section 51 of the Criminal Law
31.10.2012.
Decision of the Department of Criminal Cases of the Senate, case No SKK-480/2012
Determination of punishment, in unjustified protraction of criminal procedure is admitted
08.11.2012.
Decision of the Department of Criminal Cases of the Senate, case No SKK-456/2012
Commitment of an offence under influence of narcotic substances
08.06.2012.
Decision of the Department of Criminal Cases of the Senate, case No SKK-284/2012
Criteria of application of the Section 49.1 of the Criminal Law
22.05.2012.
Decision of the Department of Criminal Cases of the Senate, case No SKK-253/2012
Application of terms of the Section 49.1 of the Criminal Law in the court of cassation instance
19.06.2012.
Decision of the Department of Criminal Cases of the Senate, case No SKK-244/2012
Application of terms of the Section 49 of the Criminal Law
26.03.2012.
Decision of the Department of Criminal Cases of the Senate, case No SKK-129/2012
A court doesn’t have to substantiate non-application of the Paragraph Two Section 48 of the Criminal Law
18.10.2011.
Decision of the Department of Criminal Cases of the Senate, case No SKK-526/2011
Existence of several mitigating circumstances as prerequisite of application of terms of the Section 49 of the Criminal Law
21.06.2011.
Decision of the Department of Criminal Cases of the Senate, case No SKK-332/2011
Passing of a judgement in understanding of the Paragraph One Section 51 and the Paragraph Five Section 50 of the Criminal Law
10.05.2011.
Decision of the Department of Criminal Cases of the Senate, case No SKK-J-238/2011
When determining a suspended sentence, a court may not apply an additional punishment – police control
19.04.2010.
Decision of the Department of Criminal Cases of the Senate, case No SKK-175/2010
Determination of a final punishment pursuant to the Section 61 and 51 of the Criminal Law
27.10.2009.
Decision of the Department of Criminal Cases of the Senate, case No SKK-567/2009
Application of terms of the Section 55 of the Criminal Law
21.08.2009.
Decision of the Department of Criminal Cases of the Senate, case No SKK-431/2009
Determination of final punishment pursuant to the Paragraph One Section 51 of the Criminal Law, if a criminal misdemeanour is committed during period of police control
24.03.2009.
Decision of the Department of Criminal Cases of the Senate, case No SKK-J-190/2009
Compulsory measures of instructional character are not considered to be punishment, so application of the Section 51 of the Criminal Law may not be referable to those
18.08.2008.
Decision of the Department of Criminal Cases of the Senate, case No SKK-461/2008
Understanding of a mitigating circumstance provided in the Item 2 Section 47 of the Criminal Law
11.06.2008.
Decision of the Department of Criminal Cases of the Senate, case No SKK-313/2008
Understanding of a mitigating circumstance provided in the Item 7 Paragraph One Section 47 of the Criminal Law
21.04.2008.
Decision of the Department of Criminal Cases of the Senate, case No SKK-232/2008
Right of an accused to cooperation, when choosing a simplified procedure
15.05.2008.
Decision of the Department of Criminal Cases of the Senate, case No SKK-224/2008
Determination of final punishment, if conditional deprivation of liberty was imposed by the second judgement
24.01.2008.
Decision of the Department of Criminal Cases of the Senate, case No SKK-30/2008
Execution of suspended sentence if a person commits a new offense during period of probation
16.10.2007.
Decision of the Department of Criminal Cases of the Senate, case No SKK-602/2007
A court is not obliged to impose suspended punishment even if aggravating circumstances do not exist. One of prerequisites of suspended condition is awareness of a court that an accused, not serving a sentence, will not commit offences in future
02.05.2007.
Decision of the Department of Criminal Cases of the Senate, case No SKK-255/2007
Determination of the final sentence in accordance with Section 51 of the Criminal Law
13.04.2007.
Decision of the Department of Criminal Cases of the Senate, case No SKK-222/2007
Determining the penalty if a new offense is committed during the probation period
19.03.2007.
Decision of the Department of Criminal Cases of the Senate, case No SKK-J-194/2007
Voluntary recovery of losses caused by the accused as a mitigating circumstance
26.09.2006.
Decision of the Department of Criminal Cases of the Senate, case No SKK-572/2006
New criminal offence committed while under the supervision
27.03.2006.
Decision of the Department of Criminal Cases of the Senate, case No SKK-130/2006
Serving of additional punishment and determination of punishment by several judgments
08.02.2006.
Decision of the Department of Criminal Cases of the Senate, case No SKK-74/2006
The effect of the aggravating circumstance on the determination of the punishment
27.01.2006.
Decision of the Department of Criminal Cases of the Senate, case No SKK-62/2006
Determining a milder punishment than the one provided for in the law
27.04.2005.
Decision of the Department of Criminal Cases of the Senate, case No SKK-253/2005
Pursuant to content and concept of the Section 55 of the Criminal Law, suspended sentence is to be served in real, if a person commits new offence in period of probation, apart from punishment adjudged for new offence
22.11.2004.
Decision of the Department of Criminal Cases of the Senate, case No SKK-641/2004
Not worsening situation of an accused, the appellate instance court acted correctly, having calculated final punishment in accordance with terms of the Paragraph Five Section 50 of the Criminal Law
29.08.2002.
Decision of assignment sitting of the Department of Criminal Cases of the Senate, case No SKK-322/2002
Harm may be established only with material corpora delicti of offences, and conditions of the Paragraph Six Section 55 of the CL should be enforceable in reality
22.12.2000.
Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-375/2000
The time period spent in pre-trial detention shall be included in the term of serving the sentence
01.12.2000.
Assignment Heraring Decision of the Department of Criminal Cases, case No SKK-355/2000
The decision of the court of appeal on leaving the defendant's cassation complaint without examination is annulled and the decision of the appellate instance court and the judgment of the court of first instance is amended in part regarding the sentence imposed on the defendant
28.11.2000.
Decision of the Department of Criminal Cases, case No SKK-338/2000
The judgment is amended because the court had incorrectly applied the provisions of Section 51 of the Criminal Law
14.11.2000.
Decision of the Department of Criminal Cases, case No SKK-326/2000
According to Section 51 of the Criminal Law, if a convicted person has committed a new criminal offense after the judgement is delivered but before serving the sentence in full, the court must add to the sentence imposed in the new judgement all or part of the sentence not served after the previous judgment
14.11.2000.
Decision of the Department of Criminal Cases, case No SKK-322/2000
The judgment of the court of appeal is amended because it violates the requirements of Section 46, Paragraph one of the Criminal Law and provides for a penalty not provided for in the Special part of the Criminal Law and unreasonably refers to Section 49 of the Criminal Law
14.11.2000.
Decision of the Department of Criminal Cases, case No SKK-318/2000
The judgment is annulled in the part regarding the imposition of a final sentence, because when determing the sentence upon judgement aggregation the requirement of Section 51, Paragraph two of the Criminal Law that the final sentence must be higher than the unserved part of the sentence imposed in the previous judgment has not been complied with
14.11.2000.
Decision of the Department of Criminal Cases, case No SKK-317/2000
Determining a penalty in compliance with the provisions of Section 50, Paragraph five of the Criminal Law
07.12.2000.
Decision of the Department of Criminal Cases, case No SKK-315/2000
When determining the final sentence upon judgment aggregation, in accordance with Section 51 of the Criminal Law, not only the basic penalty not served shall be added, but also an ancillary penalty shall be added to the penalty imposed in the new judgment
22.10.2000.
Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-308/2000
Upon suspended sentence, the court may impose an obligation on the convict to remedy the damage caused within a specified period of time, the amount of which has been clarified in the judicial investigation. The judgment must specify the amount of damages, the type of damages and the recipient of the compensation
22.08.2000.
Decision of the Department of Criminal Cases, case No SKK-247/2000
In the event that a conditionally convicted person commits a new criminal offense during the probationary period, the court shall impose a sentence on him or her in accordance with the conditions provided for in Sections 51 and 52 of the Criminal Law
07.07.2000.
Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-242/2000
The sentence of the defendant is reduced because the court instances, when determining the sentence, did not take into account the health condition of the defendant, which in the particular case is considered to be a mitigating circumstance in accordance with Section 46, Paragraph two of the Criminal Law
20.06.2000.
Decision of the Department of Criminal Cases, case No SKK-176/2000
The provisions of Section 55, Paragraph five of the Criminal Law provide for the possibility of imposing an ancillary sentence, including restriction of rights, by imposing a suspended sentence, but do not provide for the imposition of a suspended ancillary sentence
14.05.2000.
Assignment Hearing Decision of the Department of Criminal Cases, case No SKK-148/2000
The judgment is amended because the court had unlawfully recognized the fact that the defendant had not compensated the damage as an aggravating circumstance
16.05.2000.
Decision of the Department of Criminal Cases, case No SKK-120/2000
When imposing a sentence, the provisions of Section 49, Paragraph one of the Criminal Law may be applied only if the court has established several mitigating circumstances for the defendant; Pursuant to Section 47, Paragraph two of the Criminal Law, when determining a penalty, the court may also take into account other circumstances which are not provided for by law, but which the court has recognized as mitigating circumstances
11.04.2000.
Decision of the Department of Criminal Cases, case No SKK-89/2000
The judgment is amended because the court had incorrectly applied Section 51 of the Criminal Law instead of Section 50 of the Criminal Law when imposing a sentence
11.04.2000.
Decision of the Department of Criminal Cases, case No SKK-80/2000
Grounds for the application of the provisions of Section 49 of the Criminal Law - several mitigating circumstances
13.12.1999.
Assignment Hearing Decision of the Department of Criminal Cases, case No SKK- 357/1999
Pursuant to Article 37 of the Convention on the Rights of the Child, minors should be sentenced to a minimum term of imprisonment
26.10.1999.
Decision of the Department of Criminal Cases, case No SKK-308/1999
On the imposition of a sentence pursuant to Article 50 (5) of the Criminal Law
14.09.1999.
Decision of the Department of Criminal Cases, case No SKK-283/1999
Pursuant to Article 49 of the Criminal Law, the judgment must state which (several) mitigating circumstances of the perpetrator and which circumstances pertain to the characterization of the perpetrator
24.08.1999.
Decision of the Department of Criminal Cases, case No SKK- 268/1999
When convicting a person under Article 262 of the Criminal Law, no additional penalty may be imposed if the circumstances specified in Article 49 of the Criminal Law are established
17.08.1999.
Decision of the Department of Criminal Cases, case No SKK-263/1999
If the sentenced person commits a new offense during the probation period, the subsequent conditional sentence shall not apply to that person. The final sentence in this case for the offender shall be determined in accordance with the provisions of Articles 51 and 52 of the Criminal Code
17.08.1999.
Decision of the Department of Criminal Cases, case No SKK-229/1999
Under the terms of the second paragraph of Article 51 of the Criminal Law, the final sentence after a number of convictions must be higher than the sentence for a new offense and the part of the sentence not served after the previous conviction
