Legislator Case Law & Legislation
II K 939/15 AI generated

Court dismisses joint sentence request because all prior sentences were fully served and no longer executable.

Case Number II K 939/15
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The court dismissed the request to issue a joint sentence for the defendant, A. H., who had multiple prior convictions. The prosecution argued for combining the remaining active sentence with previously served terms, but the court found the procedural conditions not met. Since all prior sentences were fully executed, they no longer qualified as executable penalties under the relevant law, making a joint sentence legally impossible.

Legislator headnote

AI generated

Art. 85 § 2 kk; Art. 572 k.p.k.: A joint sentence may only be issued based on penalties that are currently being executed in whole or in part; penalties already fully served cannot be combined.

Keywords

AI generated
joint sentence executable penalty served sentence Art. 85 kk Art. 572 k.p.k.

Cited Legislation

AI generated
Art. 85 § 2 kk
Art. 572 k.p.k.

Cited Case Law

AI generated

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