Legislator Case Law & Legislation
VI K 293/13 AI generated

Court convicted defendant of burglary and theft, imposing combined prison sentence for recidivism and crime series.

Case Number VI K 293/13
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Regional Court in Kłodzko convicted the defendant of burglary and theft, finding him guilty of committing crimes in conditions of recidivism and as a series of offenses. The court rejected the prosecution's argument regarding recidivism under Article 64 § 2 of the Criminal Code because the prior sentence was served for less than one year. Consequently, the court imposed a combined prison sentence of two years, rejecting probation due to the defendant's disregard for the law and the continuation of crimes during the investigation.

Legislator headnote

AI generated

Art. 279 § 1 kk; Art. 278 § 1 kk; Art. 64 § 1 kk; Art. 91 § 1 kk; Art. 624 § 1 k.p.k.: The court must determine whether a prior sentence meets the one-year duration requirement for aggravated recidivism; if not, the standard provision applies, and combined sentences for series of crimes are imposed when offenses are committed in similar ways over short intervals.

Keywords

AI generated
burglary with entry theft of jewelry recidivism conditions series of crimes combined prison sentence conditions of recidivism procedural costs

Cited Legislation

AI generated
Art. 279 § 1 kk
Art. 278 § 1 kk
Art. 64 § 1 kk
Art. 91 § 1 kk
Art. 624 § 1 k.p.k.

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