II K 455/21
AI generated
Court combined three prison sentences using mixed absorption and cumulation rules to determine the total term.
Poland (PL)
Legislator summary
AI generatedThe court combined three separate prison sentences into a single total term of one year and two months. The defendant, R. O., had previously been convicted of intentional crimes and showed a pattern of repeated offenses despite prior punishments. The court applied a mixed approach, partially absorbing the harshest sentence and partially cumulating the others to reflect the defendant's subjective guilt and social harm.
Legislator headnote
AI generatedArt. 569 § 1 k.p.k.; Art. 85 § 1 k.k.; Art. 86 § 1 k.k.; Art. 577 k.p.k.: When combining multiple prison sentences, the court may apply a mixed method of partial absorption and partial cumulation, considering the subjective guilt and social harm of the crimes to determine the final total term.
Keywords
AI generated
combined prison sentences
mixed absorption cumulation
intentional crimes
repeated offenses
subjective guilt assessment
social harm evaluation
total term calculation
Cited Legislation
AI generatedArt. 569 § 1 k.p.k.
Art. 85 § 1 k.k.
Art. 86 § 1 k.k.
Art. 577 k.p.k.
Art. 576 § 1 k.p.k.
Related Decisions
AI generatedII Ka 230/17
Court upheld combined sentence for multiple crimes, rejecting defense appeal on sentencing grounds.
IV Ka 571/19
Appeal dismissed; combined sentence upheld as proportional despite procedural change, avoiding violation of non-retroactivity principle.
XVIII K 3/24
Court combined sentences using the asperation principle due to multiple property crimes over three years.
V KK 338/22
Supreme Court suspends execution of joint verdict due to prior final joint verdict on same defendant.
IV KK 461/22
Supreme Court dismisses cassation as obviously unfounded regarding temporal conflict of laws in criminal sentencing.