The rationale of the judgment under review provides an interpretation confirming the possibility of applying the measure set out in Article 37b of the Criminal Code in the context of Article 12 § 1 i.e., in relation to a continuous criminal act. An extraordinary aggravation of the penalty under such circumstances may be permissible where, in a given case, taking into account the statutory minimum of the penalty of imprisonment, it is possible to impose a sentence which – when subject to the mandatory aggravation (i.e., above the statutory minimum) – does not exceed 3 months of imprisonment. If the statutory maximum is at least 10 years, the sentence may not exceed 6 months of imprisonment. This means that such application is only feasible where it is possible to simultaneously comply with both the mandatory nature of Article 57b and the provisions of Article 37b regarding the maximum term of imprisonment as a sequential penalty imposed for a specific offense. In practice, this will only be possible in cases where the statutory minimum does not exceed 5 months of imprisonment.
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