Legislator Case Law & Legislation
II K 628/14 AI generated

Court combined sentences for multiple crimes, applying partial absorption while dismissing a later conviction due to temporal issues.

Case Number II K 628/14
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The court combined multiple prison sentences into a single total term of three years and eight months, accounting for the defendant's good behavior in prison. While the defendant argued for full absorption of terms, the court rejected this, ruling that further absorption would grant an unjustified benefit. Consequently, the court combined the valid sentences but dismissed the procedural attempt to merge a later conviction that occurred after the first judgment.

Legislator headnote

AI generated

Art. 91 § 2 kk; Art. 89 § 1 kk; Art. 572 k.p.k.; The court may combine multiple prison sentences into a total term but must apply partial absorption only when justified, rejecting full absorption that would constitute an unjustified benefit, and must dismiss proceedings to combine a conviction occurring after the first judgment.

Keywords

AI generated
combination of sentences partial absorption of terms temporal succession of judgments prison behavior mitigation European Union double jeopardy state-funded legal aid discretionary sentencing reduction

Cited Legislation

AI generated
Art. 91 § 2 kk
Art. 89 § 1 kk
Art. 572 k.p.k.
Art. 63 § 1 kk
Art. 92a kk
Art. 626 § 1 k.p.k.
Art. 624 § 1 k.p.k.
art. 85 k.k
art. 571§1 k.p.k
art. 572 k.p.k

Need to analyze how this precedent applies to your matter?

Cross-reference this judgment against statutes, commentaries, and subsequent citing case law inside Legislator AI.

Open in Legislator →

Full text