Legislator Case Law & Legislation
II K 214/19 AI generated

Court sets combined sentence below statutory maximum due to defendant's recidivism and successful reintegration.

Case Number II K 214/19
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The court combined multiple prison sentences for the defendant, setting the total term at two years and two months instead of the statutory maximum of two years and eight months. The defendant, a repeat offender with a history of property crimes, had previously served time and was currently undergoing rehabilitation in a prison facility. The court determined that the lower sentence would still achieve preventive and educational goals without being excessively harsh given the defendant's current attitude and family support.

Legislator headnote

AI generated

Art. 86 § 1 kk; Art. 86 § 2 kk: When combining sentences, the court may set a term lower than the sum of individual sentences if the circumstances justify it, particularly when the offender shows signs of reintegration and the maximum combined term would be disproportionately severe.

Keywords

AI generated
combined sentence recidivism preventive goals statutory maximum reintegration property crimes discretionary sentencing

Cited Legislation

AI generated
Art. 86 § 1 kk
Art. 86 § 2 kk
AI generated

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