V K 149/16
AI generated
Court applies older Criminal Code to suspended sentence and compensation due to defendant's benefit.
Poland (PL)
Legislator summary
AI generatedThe court convicted the defendant of assault and threats, imposing a combined sentence of one year and four months imprisonment. While the new Criminal Code allowed for a suspended sentence of only one year, the court applied the previous version of the law because it was more favorable to the accused. Consequently, the court suspended the execution of the sentence for three years and ordered compensation for the victim.
Legislator headnote
AI generatedArt. 4 § 1 kk; Art. 69 § 1 kk: When a new Criminal Code is in force at the time of sentencing but the old law was more favorable to the offender, the court must apply the entire old law to the sentencing and ancillary measures.
Keywords
AI generated
principle of favorability
retroactive application of law
suspended sentence
compensation for harm
Criminal Code provisions
beneficial retroactivity
combined punishment
Cited Legislation
AI generatedArt. 4 § 1 kk
Art. 69 § 1 kk
Art. 70 § 1 pkt 1 kk
Art. 72 § 1 pkt 6a kk
Art. 73 § 1 kk
Art. 85 kk
Art. 86 § 1 kk
Art. 91 § 2 kk
Art. 627 kpk
Ustawy z dnia 23 czerwca 1973r. o opłatach w sprawach karnych
Cited Case Law
AI generatedII KK 141/06