II K 939/15
AI generated
Court dismisses joint sentence request because all prior sentences were fully served and no longer executable.
Legislator summary
AI generatedThe 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 generatedArt. 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 generatedArt. 85 § 2 kk
Art. 572 k.p.k.