II K 342/21
AI generated
Court combined sentences for multiple crimes using mixed absorption and cumulation principles.
Poland (PL)
Legislator summary
AI generatedThe court combined two separate prison sentences into a single total term of five years. The defendant committed numerous intentional property crimes and was found to be a habitual offender with a high degree of culpability. The court applied a mixed method of partial absorption and partial cumulation to balance the severity of the individual crimes with the need for proportional punishment.
Legislator headnote
AI generatedArt. 569 § 1 k.p.k.; Art. 85 § 1 k.k.; Art. 86 § 1 k.k.: When combining sentences, the court may apply a mixed principle of partial absorption and partial cumulation, considering the offender's degree of guilt and the social harm of the acts.
Keywords
AI generated
combined sentences
partial absorption
partial cumulation
habitual offender
property crimes
proportional punishment
mixed sentencing
Cited Legislation
AI generatedArt. 569 § 1 k.p.k.
Art. 85 § 1 k.k.
Art. 86 § 1 k.k.
Art. 577 k.p.k.
Related Decisions
AI generatedII K 120/15
Court combines prison terms for concurrent crimes but dismisses proceedings for non-concurrent offenses.
IV Ka 243/13
Court dismissed appeal against combined sentence, ruling full absorption principle inapplicable due to multiple prior convictions.
III K 88/14
Court combined multiple drug offenses using a mixed sentencing method balancing prevention and humanitarianism.
IV Ka 673/14
Court dismissed appeal against combined sentence, ruling it moderate and not excessively severe under criminal law.
II K 653/19
Court partially absorbed sentences for related intentional crimes, applying partial absorption due to good conduct.