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Chapter V. Determination of Punishment

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

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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

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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

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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Determination of the final punishment if the unserved additional punishment – probationary supervision – has been replaced by deprivation of liberty in accordance with the procedure of Section 61 of the Criminal Procedure Law; Addition of the substituted punishments

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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Determination of the final punishment if the unserved additional punishment – probationary supervision – has been replaced by deprivation of liberty in accordance with the procedure of Section 61 of the Criminal Procedure Law; Addition of the substituted punishments

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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08.08.2018. Decision of the Department of Criminal Cases, case No SKK-434/2018 Application of suspended sentence

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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

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19.06.2018. Decision of the Department of Criminal Cases, case No SKK-J-348/2018 Requirements for assessment of the imposed punishment

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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

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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

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16.11.2017. Decision of the Department of Criminal Cases, case No SKK-623/2017 Person who committed evasion of serving a punishment

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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

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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

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23.02.2017. Decision of the Department of Criminal Cases, case No SKK-68/2017 Determination of suspended sentence

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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

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20.06.2016. Decision of the Department of Criminal Cases, case No. SKK-306/2016 Conditions of adding together police control and probation supervision

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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

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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

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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

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21.12.2015. Decision of the Department of Criminal Cases, case No. SKK-743/2015 assessment of conditions of application of suspended conviction

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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

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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  

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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

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28.11.2014. Decision of the Department of Criminal Cases, case No SKK-728/2014 Aggravating circumstance – real totality of crimes

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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

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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

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10.07.2014. Decision of the Department of Criminal Cases, case No SKK-J-579/2014 A reason to establish aggravating circumstance – relapse

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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

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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

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20.05.2014. Decision of the Department of Criminal Cases, case No SKK-347/2014 Criminal responsibility for failing to inform of a crime

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05.06.2014. Decision of the Department of Criminal Cases, case No SKK-329/2014 Motivation for determination of final punishment

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30.09.2014. Decision of the Department of criminal Cases, case No SKK-306/2014 Sale of psychotropic substances aimed at greed  

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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

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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

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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

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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

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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  

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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

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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

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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

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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

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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

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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  

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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 

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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

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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

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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

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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

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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

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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

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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

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23.04.2008. Decision of the Department of Criminal Cases of the Senate, case No SKK-243/2008 Right of a court to establish an aggravating circumstance

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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

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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

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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

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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

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03.09.2007. Decision of the Department of Criminal Cases of the Senate, case No SKK-501/2007 The role of the court in determining the punishment

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25.09.2007. Decision of the Department of Criminal Cases of the Senate, case No SKK-481/2007 Recognition of a mitigating circumstance in case

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18.06.2007. Decision of the Department of Criminal Cases of the Senate, case No SKK-333/2007 Members of an organized group

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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

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17.04.2007. Decision of the Department of Criminal Cases of the Senate, case No SKK-J-225/2007 Application of conditional sentence

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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

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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

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27.03.2007. Decision of the Department of Criminal Cases of the Senate, case No SKK-155/2007 Understanding the concept of mitigating circumstances  

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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

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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

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22.02.2006. Decision of the Department of Criminal Cases of the Senate, case No SKK-122/2006 Probation period of serving the conditional sentence

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14.03.2006. Decision of the Department of Criminal Cases of the Senate, case No SKK-119/2006 Determining the penalty for a number of criminal offences

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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

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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

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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

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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

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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

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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

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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

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