Legislator Case Law & Legislation
II K 610/22 AI generated

Court combines two prison sentences, setting minimum term at four months above sum of individual terms due to recidivism.

Case Number II K 610/22
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The court combined two separate prison sentences into a single total term, determining the minimum duration must be four months above the sum of the individual terms. The defendant argued for a lower sentence, but the court noted he already benefited from combined sentencing in the first judgment and committed crimes under recidivism rules. Consequently, the court ruled that the total sentence could not be lower than the calculated minimum to ensure appropriate deterrence and legal awareness.

Legislator headnote

AI generated

Art. 53 k.k.; Art. 64 § 1 k.k.; Art. 91 § 1 k.k.: When combining sentences where the defendant already benefited from combined sentencing or recidivism provisions, the total term cannot be set lower than the sum of individual terms plus statutory minimums.

Keywords

AI generated
combined sentencing recidivism provisions prison term calculation Art 53 Criminal Code Art 64 Criminal Code

Cited Legislation

AI generated
Art. 53 k.k.
Art. 64 § 1 k.k.
Art. 91 § 1 k.k.
Art. 63 § 1 k.k.
art. 86 § 1 k.k
art. 53 k.k
art. 63 § 1 k.k
AI generated

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