Legislator Case Law & Legislation
XII K 156/25 AI generated

Court convicts defendant of public insult and threats, applying concurrent punishment instead of cumulative punishment.

Case Number XII K 156/25
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The court convicted the defendant of public insult and threats against a victim and police officers, sentencing him to eight months of imprisonment. While the defendant committed four distinct offenses against three victims on the same day, the court found no legal basis for cumulative punishment under Article 86 of the Criminal Code. Consequently, the court applied the principle of asperation, combining the sentences to ensure the penalty met preventive goals and societal needs.

Legislator headnote

AI generated

Art. 85 § 1 k.k.; Art. 86 § 1 k.k.; When multiple crimes are committed on the same day against different victims but lack cumulative subject-matter connection, the court may apply the principle of asperation to combine sentences if cumulative punishment is legally excluded.

Keywords

AI generated
concurrent punishment principle of asperation cumulative punishment public insult threats to life police officers same day crimes

Cited Legislation

AI generated
Art. 119 § 1 k.k.
Art. 257 k.k.
Art. 11 § 2 k.k.
Art. 226 § 1 k.k.
Art. 85 § 1 k.k.
Art. 86 § 1 k.k.
Art. 63 § 1 k.k.
Art. 44 § 2 k.k.
Art. 626 § 1 k.p.k.
art. 119 § 1 k.k

Cited Case Law

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AI generated

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