Abstract

The article discusses the Supreme Court Resolution dated 20 September 2018 (I KZP 7/18). Although the author shares a legal view expressed in the Resolution, he disagrees with many views presented in the statement of the grounds. In particular, the Supreme Court’s adaptation of a theoretical concept that a concurrence of legal provisions shall be comprehended as a concurrence of sanctioning norms, has been criticized. It is of great importance that the abovementioned theoretical concept has been used in Supreme Court’s argumentation to claim that any human act should be evaluated separately from a perspective of each element of a cumulative legal qualification, before qualified cumulatively. Therefore, it has been demonstrated that such a view lacks proper theoretical grounds.