Legislator Case Law & Legislation
II K 296/21 AI generated

Court merges two prison sentences with partial absorption, rejecting full absorption due to recidivism.

Case Number II K 296/21
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The court merged two separate prison sentences into a combined term of two years, applying partial rather than full absorption. The defendant argued for full absorption, but the court rejected this due to his history of repeated offenses and poor behavior in prison. Consequently, the new combined sentence supersedes the previous joint verdict, and the state bears the associated legal costs.

Legislator headnote

AI generated

Art. 569 § 1 k.p.k. w zw. z art. 85 § 1 i 2 kk, art. 86 § 1 kk w zw. z art. 81 ust. 1 ustawy o dopłatach do oprocentowania kredytów bankowych; Art. 575 § 1 k.p.k.; Art. 577 k.p.k.: When combining prison sentences, the court may apply partial absorption to mitigate the total term, but full absorption is denied if the offender demonstrates a pattern of recidivism and poor conduct in custody.

Keywords

AI generated
combined prison sentence partial absorption full absorption rejection recidivism consideration prison behavior assessment superseding verdict state bearing costs

Cited Legislation

AI generated
Art. 569 § 1 k.p.k.
Art. 85 § 1 and 2 kk
Art. 86 § 1 kk
Art. 81 ust. 1 of the Act on supplementary payments to bank loan interest rates
Art. 4 § 1 kk
Art. 575 § 1 k.p.k.
Art. 577 k.p.k.
Art. 624 § 1 k.p.k.
AI generated

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