II K 136/24
AI generated
Court merges two drug offenses into a combined sentence of 2 years and 2 months imprisonment.
Poland (PL)
Legislator summary
AI generatedThe court issued a joint judgment merging two separate drug-related convictions into a single combined sentence. The defendant was originally sentenced to two years of imprisonment for trafficking and eight months of restricted liberty for drug use, with the latter converted to substitute imprisonment. The court decided to combine these penalties into a total of two years and two months, applying a mitigated calculation rather than simple addition.
Legislator headnote
AI generatedArt. 85 § 1 kk; Art. 86 § 1 kk; Art. 87 § 1 kk; When multiple crimes are committed in close temporal connection, the court may combine the penalties into a single sentence within the statutory limits, potentially applying a mitigated total rather than the sum of individual punishments.
Keywords
AI generated
combined sentence
drug trafficking
substitute imprisonment
close temporal connection
mitigated penalty
joint judgment
drug abuse
Cited Legislation
AI generatedart. 569 § 1 k.p.k.
art. 85 § 1 k.k.
art. 86 § 1 k.k.
art. 87 § 1 k.k.
art. 577 k.p.k.
art. 624 § 1 k.p.k.
Cited Case Law
AI generatedP 20/17, Dz.U. z 2019 r. poz. 1135
Related Decisions
AI generatedVI Ka 209/21
Court partially allowed appeal on combined fine calculation, reducing total daily rates to 240 based on applicable law period.
II AKa 191/23
Appeal court partially allowed appeal by adding prior prison time to combined sentence for excessive length.
VI Ka 73/25
Court combines multiple prison sentences into one total term and credits time served.
II AKa 64/24
Appeal against excessive sentence dismissed; appellate court upheld first instance verdict on proportionality grounds.
VI Ka 20/22
Appeal upheld; defense lawyer awarded fees for procedural error; defendant exempted from appeal costs.