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V K 35/18 AI generated

Court convicts father for alimentary duty breach, sentencing to six months restricted liberty with community service.

Case Number V K 35/18
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted
Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The Regional Court in Giżycko convicted the defendant of evading alimentary obligations and sentenced him to six months of restricted liberty with mandatory community service. The court found the defendant knowingly avoided paying 350 PLN monthly to his daughter, who relied on state funds, despite having visited her and knowing her address. The judgment emphasized that a fine was ineffective due to his unemployment and imprisonment would be excessive, making community service the appropriate penalty.

Legislator headnote

AI generated

Art. 209 § 1a k.k.; Art. 34 § 1 k.k.; Art. 35 § 1 k.k.; Art. 34 § 3 k.k.; Art. 35 § 4 k.k.: When a parent evades alimentary obligations, causing harm to the child's basic needs, the court may impose a sentence of restricted liberty combined with mandatory unpaid community work, provided the circumstances do not warrant deprivation of liberty or a fine is ineffective due to poverty.

Keywords

AI generated
evading alimentary obligations restricted liberty sentence unpaid community service parental duty to support child welfare harm proportionality of penalty indigent defendant

Cited Legislation

AI generated
Art. 209 § 1a k.k.
Art. 34 § 1 k.k.
Art. 35 § 1 k.k.
Art. 34 § 3 k.k.
Art. 35 § 4 k.k.
Art. 423 § 1 a k.p.k.
AI generated
II K 1029/17
Court acquits defendant of alimentary duty evasion due to lack of willful intent and objective inability to pay.
IV Ka 244/26
Court upheld acquittal for non-payment of child support, ruling willful refusal requires intent to avoid obligation.
I KK 396/24
Supreme Court quashes lower court sentence for failure to specify duration of liberty restriction penalty precisely.
VI Ka 337/21
Appeal against sentence for theft dismissed; court upheld original 4-month restriction due to lack of gross disproportionality.
II K 784/18
Court convicted father for habitual evasion of child support, sentencing him to one year of liberty restriction with community service.

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