Legislator Case Law & Legislation
II K 21/23 AI generated

Court combined three theft sentences into one year and eight months imprisonment using the addition method.

Case Number II K 21/23
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The court combined three separate judgments for theft into a single sentence of one year and eight months imprisonment. The defendant argued for a cumulative calculation method, but the court rejected this because the offender had already served time for prior convictions and was functioning well in prison. Consequently, the court applied the addition method, equating one month of liberty restriction to 15 days of imprisonment, to determine the final penalty.

Legislator headnote

AI generated

Art. 568a § 1 pkt 2 k.p.k.; Art. 85 § 1 k.k.; Art. 86 § 1 k.k.; Art. 87 § 1 k.k.; Art. 53 § 1 i 2 k.k.: When combining sentences for concurrent crimes, the court may apply the addition method if the cumulative method is inappropriate due to the offender's prior record or current conduct, and one month of liberty restriction equals 15 days of imprisonment.

Keywords

AI generated
concurrent crimes combined sentence addition method liberty restriction theft offenses penal execution imprisonment term

Cited Legislation

AI generated
Art. 568a § 1 pkt 2 k.p.k.
Art. 85 § 1 k.k.
Art. 86 § 1 k.k.
Art. 87 § 1 k.k.
Art. 53 § 1 i 2 k.k.
Art. 577 k.p.k.
Art. 572 k.p.k.
Art. 624 § 1 k.p.k.
Art. 29 ust. 1 ustawy Prawo o adwokaturze
art. 278 § 1 k.k
AI generated

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