The subject of the dispute concerns the correctness of the application by the first and appellate instance courts of the provisions of the Criminal Code of Ukraine regarding sentencing for a person who committed a new crime before the previous judgment was rendered. The cassation instance court established that the lower courts incorrectly applied criminal law norms when they combined punishments under two judgments and released the person from serving both sentences with probation. The Supreme Court emphasized that when a person is to serve an actual punishment under the first judgment, and under the new judgment they are released from serving the sentence with probation – such judgments must be executed separately, without applying the rules of cumulative punishment. The court also referred to the conclusion of the Joint Chamber of the Criminal Cassation Panel dated April 1, 2024, where a similar legal position was formulated.
Based on the results of the review, the Supreme Court revoked the appellate court’s ruling and sent the case for a new review to the appellate instance court.
