II K 121/16
AI generated
Court combines prison terms for pending crimes but dismisses execution of fully served sentences.
Poland (PL)
Legislator summary
AI generatedThe court combined prison terms for crimes where sentences were not yet fully served, resulting in a total sentence of one year and ten months. However, it dismissed the attempt to combine terms for a misdemeanor offense and a crime already fully executed, leaving those penalties to be executed separately. The decision applied the post-July 2015 Criminal Code provisions requiring that only crimes with pending or partially served sentences could be merged.
Legislator headnote
AI generatedArt. 85 § 2 k.k.; Art. 63 § 1 k.k.; A combined sentence may only be pronounced for crimes where the penalty is subject to execution in whole or in part, excluding offenses already fully served or those not covered by the relevant article.
Keywords
AI generated
combined sentence
prison terms
Criminal Code
fully served
misdemeanor offense
pending execution
absorption principle
Cited Legislation
AI generatedArt. 85 § 2 k.k.
Art. 63 § 1 k.k.
Art. 569 § 1 k.p.k.
Art. 85 § 1 and 3 k.k.
Art. 572 k.p.k.