Legislator Case Law & Legislation
XVIII K 137/23 AI generated

Court applies absorption principle to reduce combined sentence, preventing excessive punishment for multiple crimes.

Case Number XVIII K 137/23
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The court reduced the defendant's combined prison sentence by applying the absorption principle rather than simple cumulation. The defendant argued that the original combined sentence was excessively harsh given the total of over six years in individual sentences, while the prosecution contended for a stricter penalty. The court ruled that the combined sentence must be less than the sum of individual penalties to avoid degrading the defendant, thereby establishing a more humane and rational punishment policy.

Legislator headnote

AI generated

Art. 286 § 1 k.k.; Art. 284 § 2 k.k.: The combined sentence for concurrent crimes must be less than the sum of individual penalties to ensure rational punishment policy and avoid degrading the defendant, applying the principle of absorption instead of strict cumulation.

Keywords

AI generated
combined sentence reduction absorption principle concurrent crimes rational punishment policy humanitarian sentencing prison term calculation excessive punishment

Cited Legislation

AI generated
Art. 286 § 1 k.k.
Art. 284 § 2 k.k.
Art. 37b k.k.
art. 286§1 k.k
art. 284§2 k.k
art. 91§1 k.k
art. 294§1 k.k
art. 91§2 k.k
art. 86§1 k.k
art. 4§1 k.k
AI generated

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