II AKa 286/20
AI generated
Appeal court reduces sentence by finding defendant used a knife, limiting combined punishment to three years.
Poland (PL)
Legislator summary
AI generatedThe Court of Appeal partially overturned the first-instance judgment regarding the combined sentence for Ł. P. The court found that the defendant used a knife to threaten victims, which exhausted the elements of the aggravated assault charge under Article 280 § 2 of the Criminal Code. Consequently, the court reduced the total sentence to three years and ordered the state to pay the defense attorney's fees.
Legislator headnote
AI generatedArt. 280 § 2 k.k.; Art. 438 § 3 k.p.k.: When a specific aggravating circumstance (use of a weapon) is established, it exhausts the elements of the aggravated offense, precluding the application of a separate combined punishment provision for the same act.
Keywords
AI generated
combined punishment
aggravated assault
use of weapon
exhaustion of elements
Criminal Code
procedural appeal
sentence reduction
Cited Legislation
AI generatedArt. 280 § 2 k.k.
Art. 438 § 3 k.p.k.
art. 438 pkt 1 k.p.k
art. 438 pkt 2 k.p.k
art. 438 pkt 3 k.p.k
art. 438 pkt 4 k.p.k
art. 439 k.p.k
art. 440 k.p.k
art. 437 § 2 k.p.k
art. 454 § 1 k.p.k
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