III K 333/19 AI generated

Court combined multiple suspended sentences and fines into a single joint penalty for the defendant.

Case Number III K 333/19

Court / Authority Sąd powszechny

Jurisdiction

Poland (PL)

Decision Date 2021-06-29

Outcome Allowed / Granted

Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The court combined several prior judgments against the defendant into a single joint penalty decision. The defendant had previously served time for various crimes, some with suspended sentences that were later executed. The court ruled that full absorption of these penalties was unjustified given the defendant's repeated negative behavior.

Legislator headnote

AI generated

Art. 85 § 1 k.k.; Art. 86 § 1 k.k.: The court may combine multiple penalties into a joint penalty, rejecting the principle of full absorption when it would unjustly reward repeated criminal conduct.

Keywords

AI generated

joint penalty combined sentences suspended sentence execution full absorption principle repeated offenses

Cited Legislation

AI generated

Art. 85 § 1 k.k.

Art. 86 § 1 k.k.

Art. 572 k.p.k.

§ 14 ust. 5 Rozporządzenia Ministra Sprawiedliwości z dnia 28 września 2002 r.

art. 288 § 1 k.k

art. 268 § 1 k.k

art. 286 § 1 k.k

art. 270 § 3 k.k

art. 18 § 2 k.k

art. 238 k.k

Cited Case Law

AI generated

III KK 63/06

AI generated

Supreme Court dismisses cassation on procedural grounds, rejecting claims of judge selection flaws and apparent conflict of interest.

Appeal court partially allowed appeal to add missing prior convictions and correct joint sentencing under Polish Criminal Code.

Supreme Court quashes joint sentence due to non-enforceability of one penalty under Art. 85 § 2 of Criminal Code.

Court issues European Arrest Warrant for Polish citizen evading execution of 6-year prison sentence.

Appeal against conditional dismissal dismissed; prior conviction bars alternative relief; case remanded for retrial.

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