Legislator Case Law & Legislation
II K 1029/19 AI generated

Court combined multiple prison sentences for a repeat offender, applying the principle of asperation to set a total term of 9 years and 6 months.

Case Number II K 1029/19
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The court combined three specific prison sentences into a single total term of 9 years and 6 months for the defendant. While the defendant had already served time from previous convictions, the court noted his negative local reputation and history of reoffending despite prior punishments. The decision applied the principle of asperation to ensure the combined sentence met the goals of individual and general prevention.

Legislator headnote

AI generated

Art. 85 § 1, 2, 3 k.k.; Art. 86 § 1 k.k.; Art. 4 § 1 k.k.; Art. 63 § 1 k.k.; Art. 572 k.p.k.: When multiple prison sentences are imposed, the court must combine them into a single term, applying the principle of asperation to balance the severity of the new crimes against the time already served.

Keywords

AI generated
combination of sentences principle of asperation repeated offenses prison term calculation criminal law provisions procedural execution repeat offender

Cited Legislation

AI generated
Art. 85 § 1, 2, 3 k.k.
Art. 86 § 1 k.k.
Art. 4 § 1 k.k.
Art. 63 § 1 k.k.
Art. 572 k.p.k.
Art. 575 § 1 k.p.k.
Art. 618 § 1 pkt. 11 k.p.k.
Art. 624 § 1 k.p.k.
art. 86 § 1 k.k
art. 4 § 1 k.k
AI generated

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