III K 374/20
AI generated
Court combined two prison sentences into a total of 4 years and 8 months, applying the principle of proportionality.
Poland (PL)
Legislator summary
AI generatedThe court combined two separate prison sentences into a single total sentence of 4 years and 8 months. The defendant had previously served time for one crime and was facing a new sentence for theft committed in 2018. The court decided to apply the combined punishment rather than full absorption because the crimes were similar in nature and time, and the defendant's disciplinary record suggested a need for a stricter deterrent.
Legislator headnote
AI generatedArt. 85a k.k.; Art. 85 § 1, 2 k.k.; Art. 86 § 1, 2 k.k.; When combining prison sentences, the court must consider preventive goals and the defendant's conduct, allowing for a total sentence that balances the severity of individual crimes with the principle of proportionality and humanism.
Keywords
AI generated
combined punishment of sentences
prison term calculation
principle of proportionality
preventive goals of punishment
discipline in prison
theft offense
legal humanism
Cited Legislation
AI generatedArt. 85 § 1, 2 k.k.
Art. 86 § 1, 2 k.k.
Art. 91 § 2 k.k.
Art. 4 § 1 k.k.
Art. 63 § 1 k.k.
Art. 577 k.p.k.
Art. 624 § 1 k.p.k.
Art. 6 of the Act on court fees
art.12 k.k
art.91§2 k.k
Related Decisions
AI generatedII K 101/23
Court combined sentences for multiple theft crimes, ordering a total prison term of one year and ten months.
XII K 61/21
Court imposed 6-year sentence for multiple crimes, rejecting absorption in favor of addition due to recidivism.
II AKa 113/20
Appeal dismissed; court corrected legal qualification of combined sentence without changing factual findings.
II K 447/23
Court rejects cumulative sentencing for recidivist, applying full absorption instead to ensure deterrence and social condemnation.
III K 365/20
Court combines multiple prison sentences into one term based on lack of specific connection between crimes.