Inadmissibility of combining substitute punishment

In accordance with the judgment of the Supreme Court of May 16, 2024 (IV KK 55/24), by imposing a penalty of the same type or other penalties that can be combined within the meaning of Art. 85 § 1 of the Penal Code should be understood and made the starting point – the punishment imposed in the conviction. The substitute penalty of imprisonment cannot be combined with any of the penalties specified in Art. 32 Penal Code (i.e. a penalty of a fine, restriction of liberty, imprisonment or life imprisonment), so it is not permissible to combine the basic penalty of imprisonment and the substitute penalty of imprisonment, and it was not and is not permissible in any of the legal states currently in force. This failure has a significant impact on the content of the summary judgment, because it is issued despite the lack of substantive legal grounds.