“REALISTIC CONCURSUS RULES, TRUCK AND TRAIN ACCIDENT”

A Defendant is proven to have committed two kinds of criminal acts, ex Article 360 (2) of the Criminal Code and Article 409 of the Criminal Code, then this is a “combination of two kinds of actions” each of which must be viewed as a separate act (concursus realis) ex. Article 65 of the Criminal Code and the principal criminal threats are not the same.

In such case, it must be applied ex. Article 66 of the Criminal Code, each criminal act is subject to its respective penalties.

Supreme Court Decision No. 1286 K/Pid/1988 dated April 8, 1987

Regards,

Fredrik J. Pinakunary