Legislator Case Law & Legislation
DE FR IT EN
Analyze in Legislator
II K 318/23 AI generated

Court combined theft sentences for accomplice, applying minimum statutory range due to confession.

Case Number II K 318/23
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted
Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The court combined the sentences for accomplice D.K. with those of co-defendants P.G. and I.L.T., resulting in a total imprisonment term of two years and two months. The defendant confessed to the thefts and acknowledged the gravity of his actions, which the court considered as mitigating factors. Consequently, the court imposed a combined sentence at the lower end of the permissible range, balancing the need for deterrence with the defendant's remorse.

Legislator headnote

AI generated

Art. 53 kk; Art. 624 kpk; Art. 63 § 1 kk; Art. 86 § 1 kk; Art. 91 § 2 kk: When combining multiple prison sentences, the court must determine a total term within the statutory limits, considering mitigating circumstances such as confession to allow for a sentence lower than the maximum possible aggregate.

Keywords

AI generated
combined punishment theft accomplice statutory minimum confession mitigation prison term calculation criminal liability property crime

Cited Legislation

AI generated
Art. 53 kk
Art. 624 kpk
Art. 63 § 1 kk
Art. 86 § 1 kk
Art. 91 § 2 kk
Art. 46 § 1 kk
§ 17 ust. 2 pkt 3
§ 20 Rozporządzenie Ministra Sprawiedliwości z dnia 14 maja 2024 r.
AI generated
II K 844/15
Court convicted defendant of theft and burglary despite self-incrimination due to procedural flaws in prior investigations.
VII K 823/20
Court convicted defendant of theft and drunk driving, ordering compensation and credit detention time to sentence.
III K 317/15
Court imposed one year and two months prison sentence for burglary and theft due to recidivism.
II K 1472/13
Court imposes absolute imprisonment and confiscation for recidivist theft, drunk driving, and document fraud.
II Ka 27/19
Court dismissed appeal against theft conviction, upholding lower court's finding of guilt despite defense's claim of mistaken confession.

Need to analyze how this precedent applies to your matter?

Cross-reference this judgment against statutes, commentaries, and subsequent citing case law inside Legislator AI.

Open in Legislator →

Full text