II K 373/19
AI generated
Court applies mixed rule of partial cumulation and partial absorption for combined sentences involving prior combined judgments.
Poland (PL)
Legislator summary
AI generatedThe court issued a joint judgment to combine multiple prior sentences involving the defendant O. A. The defendant argued for specific sentencing principles, but the court noted his repeated intentional offenses and failure to benefit from suspended sentences. Consequently, the court applied a mixed rule of partial cumulation and partial absorption to determine the final combined penalty.
Legislator headnote
AI generated§ 4 ust. 1 k.k.; The court may apply a mixed rule of partial cumulation and partial absorption when at least one of the sentences to be combined is already a combined sentence, allowing for a reduction based on the offender's degree of guilt and recidivism.
Keywords
AI generated
combined sentence
partial cumulation
partial absorption
recidivism
intentional offense
mixed sentencing rule
prior judgments
Cited Legislation
AI generated§ 4 ust. 1 k.k.
art. 577 k.p.k.
art. 576 § 1 k.p.k.
art. 624 § 1 k.p.k.
art. 17 ust. 1 ustawy o opłatach w sprawach karnych
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Criminal appeal dismissed because a prior Supreme Court decision voided a component conviction, rendering the combined sentence invalid.
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Court increased sentence from 2 years 6 months to 5 years for repeated traffic offenses and driving while banned.
III K 101/13
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