‘The Capacity for Aggregation’ of a Conditionally Suspended Custodial Sentence Whose Execution is Inadmissible

The research purpose of this study was to determine whether it is possible to include, within the framework of an aggregate sentence, a conditionally suspended custodial sentence in respect of which no order for execution was issued within the permissible time limit. In the considerations carried out, in which mainly the formal-dogmatic method of legal research was used, and reference was also made to selected judicial positions, an attempt was made to bring out the fundamental arguments supporting the view that negates such a possibility. This is also the view currently presented in the case law of the Supreme Court. In confronting the selected group of arguments, it was found that they are not sufficiently convincing to justify the uncritical adoption of such a position. As a result of the analyses carried out, the conclusion was drawn that there are no contraindications, in light of the currently applicable rules for imposing an aggregate sentence, to including the sentence referred to in the title within its framework, provided that the conditions determined by a real concurrence of offences are met. At the same time, this article seeks to signal and justify the need for further regulation of the issue under consideration by clarifying the normative message in this regard by the legislator.