Legislator Case Law & Legislation
II K 389/17 AI generated

Joint assault conviction with differentiated sentencing for recidivist versus first-time offenders under Polish Criminal Code.

Case Number II K 389/17
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The court convicted three defendants of joint assault and imposed differentiated sentences based on their criminal history. While two first-time offenders received suspended sentences with community service, the third defendant, a repeat offender, was sentenced to eight months of imprisonment. The court justified this distinction by citing the defendant's prior convictions and the statutory exclusion of probation for recidivists.

Legislator headnote

AI generated

Art. 158 § 1 k.k.; Art. 37a k.k.; Art. 69 § 1 k.k.: In cases of joint assault, the court may impose differentiated penalties where one participant is a recidivist excluded from probation under Art. 69 § 1 k.k., while first-time offenders may receive suspended sentences with community service obligations.

Keywords

AI generated
joint assault conviction recidivist sentencing probation exclusion community service order differentiated penalties criminal history impact suspended sentence

Cited Legislation

AI generated
Art. 158 § 1 k.k.
Art. 37a k.k.
Art. 34 § 1 k.k.
Art. 35 § 1 k.k.
Art. 63 § 1 k.k.
Art. 46 § 2 k.k.
Art. 231 § 1 k.p.k.
Art. 69 § 1 k.k.
Art. 627 k.p.k.
AI generated

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