II K 276/22 AI generated

Court combined three old sentences into one 3 years 10 months prison term using mixed absorption and cumulation rules.

Case Number II K 276/22

Court / Authority Sąd powszechny

Jurisdiction

Poland (PL)

Decision Date 2022-11-18

Outcome Allowed / Granted

Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The court issued a joint judgment combining three separate prison sentences into a single term of 3 years and 10 months. The defendant, who had fled abroad for years, committed multiple intentional crimes, prompting the court to apply a mixed approach of partial absorption and full cumulation. The decision balanced the defendant's prior criminal record and evasion of justice against his improved institutional behavior and long-term stability abroad.

Legislator headnote

AI generated

Art. 85 § 1 kk; Art. 85a kk; Art. 86 § 1 kk: When multiple sentences involve crimes committed long ago, the court may apply a mixed principle of partial absorption and cumulation, weighing the defendant's culpability, evasion of justice, and current behavioral prognosis to determine the final combined term.

Keywords

AI generated

joint judgment sentencing prison term combination partial absorption cumulation evading justice criminal record assessment

Cited Legislation

AI generated

Art. 568a § 1 pkt 2 k.p.k.

Art. 569 § 1 k.p.k.

Art. 81 ust. 1 ustawy z dnia 19.06.2020 r. o dopłatach do oprocentowania kredytów bankowych...

Art. 85 § 1 k.k.

Art. 85a k.k.

Art. 86 § 1 k.k.

Art. 4 § 1 k.k.

Art. 576 § 1 k.p.k.

Art. 577 k.p.k.

Art. 624 § 1 k.p.k.

Cited Case Law

AI generated

II AKa 57/10

II AKa 59/10

Appeal dismissed; combined sentence upheld as no error in sentencing or procedural handling of defendant's self-written appeal.

IV KK 45/08

Appeal court modified drug trafficking sentence by correcting facts and rejecting excessive leniency grounds.

II AKa 178/08

AI generated

Court combined multiple prison sentences into one term, voiding a prior joint verdict and crediting prior time served.

Court combined sentences for multiple intentional crimes, applying mixed cumulation and absorption to set a total of five years imprisonment.

Court combines two prison sentences into a single term of 5 years and 4 months for a repeat offender.

Court combines two prior prison sentences into a single 5-year term based on preventive goals.

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