Legislator Case Law & Legislation
III K 221/23 AI generated

Court rejects full absorption of sentences, ruling partial absorption is the correct principle for combined punishment.

Case Number III K 221/23
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The court upheld the combined sentence imposed on the defendant, rejecting the prosecution's argument for full absorption of prior penalties. While the prosecution contended that full absorption was required, the court determined that Article 86 of the Criminal Code does not mandate this principle and that partial absorption better serves preventive goals. Consequently, the court affirmed the original ruling which utilized partial absorption rather than the extreme measure of full absorption.

Legislator headnote

AI generated

Art. 85a k.k.; Art. 86 § 1 k.k.: The principle of full absorption of sentences is not mandatory; partial absorption is the preferred method unless justified by exceptional circumstances, as it avoids rewarding repeated criminal behavior.

Keywords

AI generated
combined punishment partial absorption full absorption Criminal Code sentencing principles preventive goals cumulation of penalties

Cited Legislation

AI generated
Art. 85a k.k.
Art. 86 § 1 k.k.
Art. 572 k.p.k.
art. 226 § 1 k.k
art. 224 § 2 k.k
art. 11 § 3 k.k
art. 207 § 1 k.k
art. 270 § 1 k.k
art. 158 § 1 k.k
art. 190 § 1 k.k

Cited Case Law

AI generated
AI generated

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